TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 27 COUNSELORS AND THERAPISTS
PART 19 APPROVED SUPERVISORS
16.27.19.1 ISSUING AGENCY: Regulation and
Licensing Department Counseling and Therapy Practice Board
[16.27.19.1 NMAC- Rp,
16.27.19.1 NMAC, 11/30/2021]
16.27.19.2 SCOPE: All
professional clinical mental health counselors, marriage and family therapists,
professional art therapists, professional mental health counselors, alcohol and
drug abuse counselors, who are acting as supervisors.
[16.27.19.2 NMAC- Rp,
16.27.19.2 NMAC, 11/30/2021]
16.27.19.3 STATUTORY AUTHORITY: These parts
are promulgated pursuant to the Counselor and Therapist Practice Act, Sections
61-9A-1, 61-9A-3, 61-9A-5 and 61-9A-9 through 61-9A-30 NMSA 1978.
[16.27.19.3 NMAC- Rp,
16.27.19.3 NMAC, 11/30/2021]
16.27.19.4 DURATION: Permanent.
[16.27.19.4 NMAC- Rp,
16.27.19.4 NMAC, 11/30/2021]
16.27.19.5 EFFECTIVE DATE: November 30,
2021, unless a later date is cited at the end of a section.
[16.27.19.5 NMAC- Rp,
16.27.19.5 NMAC, 11/30/2021]
16.27.19.6 OBJECTIVE: The objective
of Part 19 is to provide guidelines for a supervisor.
[16.27.19.6 NMAC- Rp,
16.27.19.6 NMAC, 11/30/2021]
16.27.19.7 DEFINITIONS: Approved
supervisor definitions.
A. “Administrative
supervision” means those supervisory activities, which increase the
efficiency and management of the delivery of counseling services.
B. “Clinical
supervision” means the supportive and educative activities of the
supervisor designed to improve the application of counseling theory and
technique directly to clients. Clinical
supervision is the only supervision acceptable for licensure.
C. “Applied
counseling settings” means public, state/federal agencies, or private
organizations of counselors and therapists such as community mental health
counselors, hospitals, schools, and group or individual private practice
settings.
D. “Supervisees”
means licensed mental health counselors, associate marriage and family
therapist or substance abuse associates,
or licensees who are working with clients in an applied counseling settings.
E. “Supervisors”
means independently licensed alcohol and drug abuse counselors (LADAC), professional
art therapists (LPAT), licensed professional clinical mental health counselors
(LPCC), licensed clinical social workers (LCSW), licensed marriage and family
therapists (LMFT), and licensed psychologists having completed the requisite nine
continuing education units in supervision and having registered as supervisors
with the New Mexico counseling and therapy practice board.
F. “Electronic and telephonic
supervision” means supervision of counseling and psychotherapy services
provided by supervisors either electronically or telephonically. Virtually
supervised contact hours are subject to the supervision requirements required
for services supervised in-person.
[16.27.19.7 NMAC- Rp,
16.27.19.7 NMAC, 11/30/2021]
16.27.19.8 SUPERVISEE’S WELFARE AND RIGHTS:
A. Supervisors shall instruct
supervisees to notify clients that they are being supervised and that
observation or recordings of the session may be reviewed by the supervisor.
B. Supervisors who are licensed
counselors and therapists and are conducting supervision to aid a supervisee to
become licensed shall instruct the supervisee not to communicate or in anyway
convey to the supervisee's clients or to other parties that the supervisee is
licensed as independent practitioners.
C. Supervisors shall instruct
supervisees of clients' rights, including protecting clients' right to privacy
and confidentiality in the counseling and therapy relationship and the
information resulting from it, and to notify clients that their right to
privacy and confidentiality will not be violated by the supervisory
relationship.
D. Records of the counseling and
therapy relationship, including interview notes, test data, correspondence, the
electronic storage of these documents, and audio and videotape recordings are
considered to be confidential professional information. Supervisors shall assure that these materials
are used in counseling/therapy, research, and training and supervision of
counselors and therapists with the full knowledge of the client and that
permission to use these materials is granted by the applied counseling setting
offering service to the client. This
professional information is to be used for the full protection of the client.
E. Written consent from the client (or
legal guardian, if a minor) shall be secured prior to the use of such
information for instructional, supervisory, or research purposes. Policies of the applied counseling setting
regarding client records also shall be followed.
F. Supervisors shall adhere to current
professional and legal guidelines when conducting research with human
participants.
G. Supervisors are responsible for
making every effort to monitor both the professional actions, and failures to
take action, of their supervisees.
H. Supervised clinical client contact
hours shall not exceed 40 hours per week.
[16.27.19.8 NMAC- Rp,
16.27.19.8 NMAC, 11/30/2021]
16.27.19.9 SUPERVISORY
ROLE.
A. The primary obligation of
supervisors is to train counselors and therapists so that they respect the
integrity and promote the welfare of the client. Inherent and integral to the role of
supervisor are responsibilities for:
(1) monitoring client welfare;
(2) encouraging
compliance with relevant legal, ethical, and professional standards for
clinical practice;
(3) monitoring clinical performance,
qualifications and professional development of supervisees;
(4) evaluating and certifying current
performance and potential of supervisees for academic, screening, selection,
placement, employment, and credentialing purposes ;
(5) tracking supervisee’s professionalism
and ethical conduct; and
(6) documentation to include a supervisory
agreement and a supervision log to include notes
B. Supervisors shall obtain and
maintain the supervisor designation issued by the board prior to initiating
their role as supervisors.
C. Supervisors shall inform their
supervisees of professional and ethical standards and legal responsibilities of
the counseling and therapy profession.
D. Supervisors of postgraduate
counselors and therapists who are seeking state licensure should encourage
these counselors and therapists to adhere to the standards for practice
established by the state licensure board of the state in which they practice.
E. Procedures for contacting the
supervisor, or an alternative supervisor, to assist in handling crisis
situations shall be established and communicated to supervisees.
F. Actual work samples via session
process notes, audio or video tape or live observation in addition to case
notes shall be reviewed by the supervisor as a regular part of the ongoing
supervisory process.
G. Supervisors shall meet regularly in
face-to-face or virtual sessions with their supervisees.
H. Supervisors shall provide
supervisees with ongoing feedback on their performance. This feedback should take a variety of forms,
both formal and informal, and should include verbal and written evaluations. It should be formative during the supervisory
experience and summative at the conclusion of the experience.
I. Supervisors who have multiple roles
(e.g., teacher, clinical supervisor, administrative supervisor, etc.) with
supervisees shall minimize potential conflicts.
Where possible, the roles should be divided among several and it should
be conveyed to the supervisee as to the expectations and responsibilities
associated with each supervisory role.
J. Supervisors shall not participate
in any form of sexual contact with supervisees.
Dual relationships with supervisees that might impair the supervisor's
objectivity and professional judgment should be avoided and the supervisory
relationship terminated.
K. Supervisors shall not establish a
psychotherapeutic relationship as a substitute for supervision. Personal issues should be addressed in
supervision only in terms of the impact of these issues on clients and on professional
functioning.
L. Supervisors, through ongoing
supervisee assessment and evaluation, should be aware of any personal or
professional limitations of supervisees which are likely to impede future
professional performance. Supervisors
have the responsibility of recommending remedial assistance to the supervisee
and of screening from the training program, applied counseling setting, or
state licensure those supervisees who are unable to provide competent
professional services. These
recommendations should be clearly and professionally explained in writing to
the supervisees who are so evaluated.
M. Supervisors shall not endorse a
supervisee for certification, licensure, completion of an academic training
program, or continued employment if the supervisor believes the supervisee is
impaired in any way that would interfere with the performance of counseling and
therapy duties. The presence of any such
impairment should begin a process of feedback and remediation wherever possible
so that the supervisee understands the nature of the impairment and has the
opportunity to remedy the problem and continue with their professional development.
N. Supervisors shall supervise clinical
work only in areas where they are fully competent, and experienced.
O. Supervisors shall inform supervisees
of the goals, policies, theoretical orientations toward counseling/therapy,
training, and supervision model or approach on which the supervision is based.
P. Supervisors shall use the following
prioritized sequence in resolving conflicts among the needs of the client, the
needs of the supervisee, and the needs of the program or agency. Insofar as the client must be protected, it
shall be understood that client welfare is usually subsumed in federal and
state laws such that these statutes should be the first point of
reference. Where laws and ethical
standards are not present or are unclear, the good judgment of the supervisor
shall be guided by the following list:
(1) relevant
legal and ethical standards (e.g. duty to warn, state child abuse laws, etc.);
(2) client
welfare;
(3) supervisee
welfare;
(4) supervisor
welfare; and
(5) program
or agency service and administrative needs.
Q. Supervised contact hours shall
not exceed 40 hours per week.
[16.27.19.9 NMAC- Rp,
16.27.19.9 NMAC, 11/30/2021]
16.27.19.10 APPLICATION
FOR SUPERVISOR DESIGNATION REQUIREMENTS:
A. All applicants must submit the
following documentation to the board:
(1) a
completed application, signed by the applicant
(2) a 2” x
2” photograph of the applicant taken within the preceding six months, affixed
to the application;
(3) an
application fee of $75 as provided in Part 17;
(4) submit evidence of completing the following:
(a) three
continuing education unit hours in counseling or therapy supervision, and
(b) six
continuing education unit hours pertaining to ethics in supervision in addition
to the ethics continuing education unit hours required for license renewal; or
(c) evidence
of holding a current supervision credential through the applicable national
professional association;
(5) a copy of a current New Mexico license
as one of the following credentials:
(a) licensed
professional clinical counselor;
(b) licensed marriage
and family therapist;
(c) licensed
professional art therapist;
(d) licensed alcohol
and drug abuse counselor;
(e) licensed
clinical social worker;
(f) licensed
independent social worker;
(g) licensed
psychiatrist; or
(h) licensed
psychologist
C. Supervisor certification will be
valid for a period not to exceed 24 months. All certifications shall expire on
September 30 of the renewal year. CEUs submitted for initial supervisor
designation certification will qualify toward the renewal requirements for the
applicant’s individual professional license. Initial certifications may be
issued for a period of less than 24 months in order to establish the
certification in a renewal cycle.
B. Renewal of supervision
certification must be completed by September 30 of the renewal year by
submitting the following documentation to the board office:
(1) a complete renewal application
available for download on the board’s website or by completing the renewal
online; and
(2) evidence of completing at least three
continuing education unit hours specific to counseling and therapy supervision and
six continuing education unit hours specific to ethics in supervision in
addition to the ethics continuing education unit hours required for license
renewal obtained during the current licensing period.
[16.27.19.9 NMAC - N, 11/30/2021]
HISTORY OF 16.27.19 NMAC:
Pre-NMAC History: The material
in this part was derived from that previously filed with the State Records
Center and Archives under:
Rule 16, Approved
Supervisors, 3/20/1995
History of Repealed Material:
16 NMAC 27.16, Approved
Supervisors - Repealed 6/15/2001
Other History:
16.27.16 NMAC – Approved
Supervisors, filed 6/15/2001, was repealed and replaced by 16.27.16 NMAC –
Approved Supervisors, effective 11/30/2021.