2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 9 - Psychologists
Section 61-9-13 - Denial, revocation or suspension of license. (Repealed effective July 1, 2028.)

A. The board, by an affirmative vote of at least five of its eight members, shall withhold, deny, revoke or suspend a psychologist or psychologist associate license issued or applied for in accordance with the provisions of the Professional Psychologist Act or otherwise discipline a licensed psychologist or psychologist associate upon proof that the applicant, licensed psychologist or psychologist associate:

(1) has been convicted of a felony or an offense involving moral turpitude, the record of conviction being conclusive evidence thereof;

(2) is using a drug, substance or alcoholic beverage to an extent or in a manner dangerous to the psychologist or psychologist associate, any other person or the public or to an extent that the use impairs the psychologist's or psychologist associate's ability to perform the work of a professional psychologist or psychologist associate with safety to the public;

(3) has impersonated another person holding a psychologist or psychologist associate license or allowed another person to use the psychologist's or psychologist associate's license;

(4) has used fraud or deception in applying for a license or in taking an examination provided for in the Professional Psychologist Act;

(5) has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;

(6) has allowed the psychologist's or psychologist associate's name or license issued under the Professional Psychologist Act to be used in connection with a person who performs psychological services outside of the area of that person's training, experience or competence;

(7) is legally adjudicated insane or mentally incompetent, the record of such adjudication being conclusive evidence thereof;

(8) has willfully or negligently violated the provisions of the Professional Psychologist Act;

(9) has violated any code of conduct adopted by the board;

(10) has been disciplined by another state for acts similar to acts described in this subsection, and a certified copy of the record of discipline of the state imposing the discipline is conclusive evidence;

(11) is incompetent to practice psychology;

(12) has failed to furnish to the board or its representative information requested by the board;

(13) has abandoned patients or clients;

(14) has failed to report to the board adverse action taken against the licensee by:

(a) another licensing jurisdiction;

(b) a professional psychologist association of which the psychologist or psychologist associate is or has been a member;

(c) a government agency; or

(d) a court for actions or conduct similar to acts or conduct that would constitute grounds for action as described in this subsection;

(15) has failed to report to the board surrender of a license or other authorization to practice psychology in another jurisdiction or surrender of membership on a health care staff or in a professional association following a disciplinary investigation, or in lieu of or while under a disciplinary investigation, by any of those authorities for acts or conduct that would constitute grounds for action as defined in this subsection;

(16) has failed to adequately supervise a psychologist associate or a licensed psychologist holding a conditional prescription certificate;

(17) has employed abusive billing practices;

(18) has aided or abetted the practice of psychology by a person not licensed by the board; or

(19) uses conversion therapy on a minor.

B. A person who has been refused a license or whose license has been restricted or suspended under the provisions of this section may reapply for licensure after more than two years have elapsed from the date the restriction or suspension is terminated.

C. As used in this section:

(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:

(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or

(b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;

(2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;

(3) "minor" means a person under eighteen years of age; and

(4) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.

History: 1953 Comp., § 67-30-12, enacted by Laws 1963, ch. 92, § 12; 1983, ch. 334, § 5; 1989, ch. 41, § 14; 1996, ch. 54, § 9; 2009, ch. 51, § 3; 2017, ch. 132, § 4; 2019, ch. 19, § 3.

Delayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978.

The 2019 amendment, effective February 4, 2019, authorized the New Mexico state board of psychologist examiners to deny, revoke or suspend a psychologist or psychologist associate license upon proof that the applicant, licensed psychologist or psychologist associate failed to adequately supervise a licensed psychologist holding a conditional prescription certificate; in Paragraph A(16), after "psychologist associate", added "or a licensed psychologist holding a conditional prescription certificate".

The 2017 amendment, effective June 16, 2017, prohibited the use of conversion therapy on a minor, provided that the New Mexico state board of psychologist examiners may deny, revoke or suspend any license issued by the board if the licensee uses conversion therapy on a minor, and defined certain terms as used in this section; in Subsection A, Paragraph A(15), after "following", added "a disciplinary investigation, or", and added Paragraph A(19); and added Subsection C.

The 2009 amendment, effective July 1, 2009, added "psychologist or psychologist associate".

The 1996 amendment, effective May 15, 1996, substituted "five" for "four" and "eight" for "six" in the introductory language of Subsection A, added Paragraphs A(10) through A(18), deleted former Subsection B relating to the time limit of the suspension of license, redesignated former Subsection C as Subsection B, and substituted "restricted or suspended" for "revoked" and "the restriction or suspension is terminated" for "denial or revocation is legally effective" in Subsection B.

The 1989 amendment, effective June 16, 1989, substituted "license" for "certificate" in the section heading and throughout the section; in the introductory paragraph of Subsection A substituted "six members" for "five members" and "licensed psychologist" for "certified psychologist"; substituted "drug, substance or" for "narcotic or any" in Subsection A(2); substituted "psychologist or psychologist associate license" for "psychology certificate" in Subsection A(3); made minor stylistic changes in Subsection A(6); and substituted "licensure" for "certification" in Subsection C.

Scope of board's authority. — Although a psychologist was merely an applicant for certification at the time the applicant engaged in sex with clients, under the supervision of a certified psychologist, the board had jurisdiction to revoke the applicant's certification. Gares v. N.M. Bd. of Psychologist Exam'rs, 1990-NMSC-087, 110 N.M. 589, 798 P.2d 190.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 120.

Validity of legislation regulating, licensing or prescribing for certification of psychologists, 81 A.L.R.2d 791.

Bias of members of license revocation board, 97 A.L.R.2d 1210.

Sexual relations: civil liability of doctor or psychologist for having sexual relationship with patient, 33 A.L.R.3d 1393.

Privilege, in judicial or quasi-judicial proceedings, arising from relationship between psychiatrist and patient, 44 A.L.R.3d 24.

Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 35 to 42, 52.