New Mexico Register / Volume XXXIV, Issue 1 / January
18, 2023
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 27 COUNSELORS AND THERAPISTS
PART 24 EXPEDITED LICENSURE
16.27.24.1 ISSUING AGENCY: Regulation and Licensing Department-Counseling
and Therapy Practice Board.
[16.27.24.1 NMAC - Rp, 16.27.24.1 NMAC, 1/18/2023]
16.27.24.2 SCOPE: The provisions in Part 24 of Chapter
27 apply to all applicants for expedited licensure.
[16.27.24.2 NMAC - Rp, 16.27.24.2 NMAC, 1/18/2023]
16.27.24.3 STATUTORY AUTHORITY: These rules are promulgated pursuant
to the Counseling and Therapy Practice Act, Sections 61-9A-1 through -30 NMSA
1978, specifically including Section 61-9A-9, and the Uniform Licensing Act,
Sections 61-1-31.1 and -34 NMSA 1978.
[16.27.24.3 NMAC - Rp, 16.27.24.3 NMAC, 1/18/2023]
16.27.24.4 DURATION: Permanent.
[16.27.24.4 NMAC - Rp, 16.27.24.4 NMAC, 1/18/2023]
16.27.24.5 EFFECTIVE DATE:
January 18, 2023, unless a later date is cited at the end of a section.
[16.27.24.5 NMAC - Rp, 16.27.24.5 NMAC, 1/18/2023]
16.27.24.6 OBJECTIVE:
The objective of Part 24 is to promote, preserve and protect the public
health, safety and welfare by regulating and setting
professional standards for applicants for expedited licensure. [16.27.24.6 NMAC
- Rp, 16.27.24.6 NMAC, 1/18/2023]
16.27.24.7 DEFINITIONS:
A. “Eligible jurisdiction” means:
(1) any state or territory of the
United States except those included in the list of disapproved licensing
jurisdictions in 16.27.24.8 NMAC; and
(2) any foreign country included in
16.27.24.9 NMAC.
B. “Expedited license” means a provisional license that
confers the same rights, privileges and responsibilities as a regular license
issued by the board, and also referred to as expedited licensure by credentials
in Section 61-9A-22 NMSA 1978.
C. “Good
standing” means a license or
registration is active and not expired, suspended, revoked, surrendered,
conditioned, or otherwise in a status that in any manner restricts the activity
of a licensee or registrant under the authority of the license.
D. “Jurisdiction” has the same meaning as defined in Subsection
F of Section 61-1-2 NMSA 1978.
E. “Licensing fee” has the same meaning as defined in
Paragraph (1) Subsection E of Section 61-1-34 NMSA 1978.
F. “Military service member” has the same meaning as defined in
Paragraph (2) of Subsection E of Section 61-1-34 NMSA 1978.
G. “Qualified applicant” means an applicant who:
(1) holds a current license in good
standing in another jurisdiction, provided that an applicant who is not a
military service member or veteran must hold a current license in good standing
in an eligible jurisdiction;
(2) possesses a master’s or doctoral
degree in counseling or a counseling related field from an accredited
institution;
(3) does not have a disqualifying
criminal conviction, as defined in the board’s rules;
(4) has practiced as a licensed
professional for at least two consecutive years immediately prior to
application; and
(5) is not, and has not been, subject
to formal disciplinary action by a licensing board in New Mexico or any other
jurisdiction within the past two years.
H. “Veteran” has the same meaning as defined in
Paragraph (3) of Subsection E of Section 61-1-34 NMSA 1978.
[16.27.24.7 NMAC - Rp, 16.27.24.7
NMAC, 1/18/2023]
16.27.24.8 LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS:
A. Licensed mental health counselor (LMHC).
(1) Disapproved jurisdictions: Applicants licensed in the
following states and territories of the United States shall not be eligible for
expedited licensure as a LMHC under Section 61-9A-22 NMSA 1978, of the
Counseling and Therapy Practice Act:
(a) Alaska, Hawaii, Massachusetts, New Hampshire, New York,
Oregon, Pennsylvania, Rhode Island, Tennessee, U.S. Virgin Islands, and Vermont,
on the grounds that these jurisdictions do not license, register, certify, or
otherwise regulate this associate level practitioner;
(b) Arizona, California, Colorado, Connecticut, Florida,
Georgia, Kentucky, Louisiana, Michigan, Montana, Nebraska, Nevada, North
Carolina, Oklahoma, Puerto Rico, South Carolina, Utah, Virginia, Washington,
West Virginia, and Wyoming, on the grounds that the education, training, and/or
examination requirements for licensure are not consistent with New Mexico’s minimum
requirements.
(c) American Samoa, on the grounds that education and
examination requirements cannot be determined.
(2) Approved jurisdictions:
Jurisdictions approved for expedited licensure as a LMHC, and the approved
license type from each approved jurisdiction, are as follows: Alabama – associate licensed counselor (ALC);
Arkansas and New Jersey – licensed associate counselor (LAC); Delaware
(licensed associate counselor of mental health (LACMH); Idaho, Illinois,
Kansas, Minnesota, North Dakota, Ohio, South Dakota, – licensed professional
counselor (LPC); Indiana – licensed mental health counselor associate (LMHCA);
Iowa – temporary licensed mental health counselor (T-LMHC); Maine – licensed
professional counselor (LPC), conditional LPC, and conditional licensed
clinical professional counselor (conditional LCPC); Maryland – licensed
graduate professional counselor (LGPC); Mississippi and Missouri – provisional
licensed professional counselor (P-LPC); Texas – licensed professional
counselor intern (LPC-Intern); Northern Marina Islands – licensed mental health
counselor (LMHC) and licensed mental health counselor associate (LMHCA); Guam –
licensed mental health counselor (LMHC).
B. Licensed professional clinical
mental health counselor (LPCC).
(1) Disapproved jurisdictions:
Applicants licensed in the following states and territories of the United
States shall not be eligible for expedited licensure as a LPCC under Section
61-9A-22 of the Counseling and Therapy Practice Act:
(a) Alabama, Arizona, California,
Colorado, Connecticut, Delaware, District of
Columbia, Florida, Georgia, Guam, Hawaii, Iowa,
Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Montana,
Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Northern
Mariana Islands, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island,
South Carolina, Tennessee, Texas, Utah, Virginia, U.S. Virgin Islands,
Washington, West Virginia, Wisconsin, and Wyoming, on the grounds that the
education, training, or examination requirements for licensure are not
consistent with New Mexico’s minimum requirements.
(b) American Samoa, on the grounds
that education and examination requirements cannot be determined.
(2) Approved jurisdictions:
Jurisdictions approved for expedited licensure as a LPCC, and the approved
license type from each jurisdiction include: Alaska, Arkansas, and Mississippi
– licensed professional counselor (LPC); Idaho, Illinois, Kansas, and Maine –
licensed clinical professional counselor (LCPC); Indiana – licensed mental
health counselor (LMHC); Minnesota, North Dakota, and Ohio – licensed
professional clinical counselor (LPCC); South Dakota – licensed professional
counselor-mental health (LPC-MH); Vermont – licensed clinical mental health
counselor (LCMHC).
C. Licensed professional art
therapist (LPAT).
(1) Disapproved jurisdictions:
Applicants licensed in the following states and territories of the United
States shall not be eligible for expedited licensure as a LPAT under Section
61-9A-22 NMSA 1978, of the Counseling and Therapy Practice Act:
(a) Alabama, Alaska, American Samoa,
Arizona, California, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota,
Northern Mariana Islands, Ohio, Pennsylvania, Oklahoma, Puerto Rico, Rhode
Island, South Carolina, South Dakota, Utah, U.S. Virgin Islands, Vermont,
Washington, West Virginia, and Wyoming, on the grounds that these jurisdictions
do not license, register, certify, or otherwise regulate this profession.
(b) Colorado and Texas, on the
grounds that the education, training, or examination requirements for licensure
are not consistent with New Mexico’s minimum requirements.
(2) Approved jurisdictions: Jurisdictions approved for
expedited licensure as a LPAT, and the approved license type from each
jurisdiction include: Arkansas – LPC with specialization license in art
therapy; Connecticut – clinical licensed art therapist (CLAT); Delaware,
District of Columbia, Kentucky, Mississippi, New Jersey, and Tennessee –
licensed professional art therapist (LPAT); Maryland – licensed clinical
professional art therapist (LCPAT); New York and Oregon – licensed creative
arts therapist (LCAT); Virginia – licensed art therapist (LAT); Wisconsin –
registered art therapist with license to practice psychotherapy.
D. Licensed associate marriage and family therapist
(LAMFT).
(1) Disapproved jurisdictions: Applicants
licensed in the following states and territories of the United States shall not
be eligible for expedited licensure as a LAMFT under Section 61-9A-22 NMSA
1978, of the Counseling and Therapy Practice Act:
(a) American Samoa, District of
Columbia, Guam, Hawaii, Massachusetts, Michigan, Missouri, Nebraska, New
Hampshire, New York, Northern Mariana Islands, Oklahoma, Pennsylvania, Puerto
Rico, Rhode Island, South Dakota, U.S. Virgin Islands, Vermont, and Virginia,
on the grounds that these jurisdictions do not license, register, certify, or
otherwise regulate this profession.
(b) Alabama, Alaska, California, Colorado,
Connecticut, Florida, Georgia, Illinois, Iowa, Louisiana, Montana, Nevada, New
Jersey, Oregon, Tennessee, Utah, Washington, West Virginia, Wisconsin, and
Wyoming, on the grounds that the education, training, or examination
requirements for licensure are not consistent with New Mexico’s minimum
requirements.
(2) Approved jurisdictions:
Jurisdictions approved for expedited licensure as a LAMFT, and the approved
license type from each jurisdiction include: Arizona, Arkansas, Delaware,
Idaho, Minnesota, and North Dakota – licensed associate marriage and family
therapist (LAMFT); Indiana, Kentucky, Mississippi, North Carolina, Ohio, South
Carolina, and Texas – licensed marriage and family therapist associate (LMFTA);
Kansas – licensed marriage and family therapist (LMFT); Maine – conditional
marriage and family therapist license; Maryland – licensed graduate marriage
and family therapist (LGMFT).
E. Licensed marriage and family therapist (LMFT).
(1) Disapproved jurisdictions:
Applicants licensed in the following states and territories of the United
States shall not be eligible for expedited licensure as a LMFT under Section
61-9A-22 NMSA 1978, of the Counseling and Therapy Practice Act:
(a) American Samoa and Puerto Rico,
on the grounds that these jurisdictions do not license, register, certify, or
otherwise regulate this profession.
(b) California, on the grounds that
the education, training, or examination requirements for licensure are not
consistent with New Mexico’s minimum requirements.
(c) Northern Mariana Islands, on the
grounds that education, training and examination requirements cannot be
determined.
(2) Approved jurisdictions:
Jurisdictions approved for expedited licensure as a LMFT, and the approved
license type from each jurisdiction include: Alabama, Alaska, Arizona,
Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida,
Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, North
Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South
Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia,
Washington, West Virginia, Wisconsin, and Wyoming – licensed marriage and
family therapist (LMFT); Maryland – licensed clinical marriage and family
therapist (LCMFT); Nebraska – licensed mental health practitioner – MFT
certification; Ohio – licensed independent marriage and family therapist
(LIMFT).
[16.27.24.8 NMAC - Rp, 16.27.24.8 NMAC, 1/28/2023]
16.27.24.9 LIST OF APPROVED FOREIGN JURISDICTIONS: [RESERVED]
[16.27.24.9 NMAC - Rp, 16.27.24.9 NMAC, 1/18/2023]
16.27.24.10 EXPEDITED LICENSURE APPLICATION:
A. An applicant for expedited licensure under Section
61-1-31.1 NMSA 1978 must submit to the board a complete application containing
all of the following:
(1) A completed and signed
application form;
(2) Proof of a current license in good
standing in an eligible jurisdiction as defined in these rules; and
(3) Payment of the required
application fee.
B. An expedited license application shall not be deemed
complete until the applicant has submitted, and the board’s staff is in receipt
of, all of the materials required by subsection A, including documentation from
third parties.
C. Upon receipt of a complete application, the board’s
staff shall process the application and issue the expedited license to a
qualified applicant within 30 days.
D. If the applicant has a potentially disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section 61-1-36 NMSA 1978:
(1) The matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) The license may not be issued
within 30 days of submission of the complete application; and
(3) The board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
[16.27.24.10 NMAC - N, 1/18/2023]
16.27.24.11 EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS:
A. A candidate for expedited
licensure under Section 61-1-34 NMSA 1978 must submit to the board a complete
application containing all of the following:
(1) A completed and signed
application form;
(2) Proof of a current license in
good standing in another jurisdiction, including a branch of the United States
armed forces; and
(3) Submission of the following
documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and copy of
marriage license;
(c) for spouses of deceased military
service members: copy of decedent’s DD 214 and copy of marriage license;
(d) for dependent children of
military service members: a copy of military service member’s orders listing
dependent child, or a copy of military orders and one of the following: a copy
of birth certificate, military service member’s federal tax return or other
governmental or judicial documentation establishing dependency; or
(e) for veterans (retired or
separated): proof of honorable discharge such as a copy
of DD Form 214, DD Form 215, DD Form 256, DD Form 257,
NGB Form 22, military ID card, a driver’s license or state ID card with a
veteran’s designation, or other documentation verifying honorable discharge.
B. An
expedited license application shall not be deemed complete until the applicant
has submitted, and the board’s staff is in receipt of, all of the materials
required by Subsection A, including documentation from third parties.
C. Upon receipt of a complete application, the board’s staff shall process
the application and issue the expedited license to a qualified applicant within
30 days.
D. If the applicant has a potentially disqualifying criminal conviction or
the board may have other cause to deny the application pursuant to Section
61-1-36 NMSA 1978:
(1) The matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) The license may not be issued
within 30 days of submission of the complete application; and
(3) The board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
E. A military service member or veteran who is issued an expedited license
shall not be charged a licensing fee for the first three years of licensure
with the board.
[16.27.24.11 NMAC – N, 1/18/2023]
16.27.24.12 EXPEDITED LICENSE DURATION AND RENEWAL:
A. An expedited license shall be valid for the same length of time as a
regular initial license issued by the board.
Initial licenses, including expedited licenses, may be issued for a
period greater than twelve months, but less than 24 months, in order to align
the license expiration date with the board’s renewal cycle.
B. A licensee holding an expedited license may apply for license renewal in
the manner provided by the board’s rules, provided that, if the licensee
holding an expedited license was not required by the licensee’s licensing
jurisdiction outside of New Mexico to pass a national or state examination
normally required for licensure in New Mexico, the licensee shall be required
to pass the examination prior to renewing the license.
C. Upon renewal, the board shall issue a regular license to a licensee
holding an expedited license issued pursuant to these rules.
[16.27.24.12 NMAC - N, 1/18/2023]
History of 16.27.24 NMAC:
16.27.24
NMAC - Licensure for Military Service Members, Spouses and Veterans,
filed 10/15/2014, was repealed and replaced by 16.27.24 NMAC - Licensure for Military
Service Members, Spouses and Veterans, effective 11/30/2021.
16.27.24
NMAC - Licensure for Military Service Members, Spouses and Veterans,
filed 11/30/2021, was repealed and replaced by 16.27.24 NMAC – Expedited Licensure,
effective 1/18/2023.