Current through Register Vol. 35, No. 18, September 24, 2024
A.
Limits on
practice. The psychologist shall limit practice and supervision to the
areas of competence in which proficiency has been gained through education,
training, and experience.
B.
Maintaining competency. The psychologist shall maintain current
competency in the areas in which he practices, through continuing professional
education, consultation, and/or other procedures, in conformance with current
standards of scientific and professional knowledge.
C.
Cultural competency.
Psychologists with restricted and unrestricted licenses and psychologist
associates shall complete eight hours of cultural competence coursework
promulgated by the board during the first year of licensure; and also shall
take four additional hours in cultural competence, as deemed satisfactory to
the board, every two years as detailed in 16.22.9 NMAC.
D.
Adding new services and
techniques. The psychologist, when developing competency in a service or
technique that is either new to the psychologist or new to the profession,
shall engage in ongoing consultation with other psychologists or relevant
professionals, and shall seek appropriate education and training in the new
area. The psychologist shall inform clients or patients of the innovative
nature and the known risks and benefits associated with the services, so that
the client or patient can exercise freedom of choice concerning such
services.
E.
Referral.
The psychologist shall make or recommend referral to professional, technical,
or administrative, or public resources when such referral is clearly in the
best interest of the clients or patient(s).
F.
Bases for Assessments.
Psychologists base the opinions contained in their recommendations, reports and
diagnostic or evaluative statements, including forensic testimony, on
information and techniques sufficient to substantiate their findings except
when:
(1) psychologists provide opinions of
the psychological characteristics of individuals only after they have conducted
an examination of the individuals adequate to support their statements or
conclusions;
(2) despite reasonable
efforts, such an examination is not practical, psychologists document the
efforts they made and the result of those efforts, clarify the probable impact
of their limited information on the reliability and validity of their opinions
and appropriately limit the nature and extent of their conclusions or
recommendations; or
(3)
psychologists conduct a record review or provide consultation or supervision
and an individual examination is not warranted or necessary for the opinion,
psychologists explain this and the sources of information on which they based
their conclusions and recommendations.
G.
Maintenance and retention of
records.
(1) The psychologist
rendering professional services to a client or patient shall maintain
professional records that include:
(a) the
presenting problem(s) or the reason the client(s) or patient(s) sought the
psychologist's services;
(b)
diagnosis and clinical formulation;
(c) the fee arrangement;
(d) the date and substance of each billed
contact or service;
(e) any test
results or other evaluative results obtained and any basic test data from which
they were derived;
(f) notation and
results of formal consultations with other providers;
(g) a copy of all test or other evaluative
reports prepared as part of the professional relationship;
(h) the date of termination of
services.
(2) The
psychologist shall ensure that all data entries in the professional records are
maintained for a period of not less than five years after the last date that
service was rendered. The psychologist shall comply with other legal
requirements for record retention, even if longer periods of retention are
required for other purposes.
(3)
The psychologist shall store and dispose of written, electronic, and other
records in a manner that protects confidentiality.
(4) For each person professionally
supervised, the psychologist shall maintain for a period of not less than five
years after the last date of supervision a record of the supervisory session
that shall include, among other information, the type, place, and general
content of the session.
(5) Upon
request by the client, patient, or legal representative of the client or
patient, the psychologist shall release records under his control, except as
otherwise provided in these rules and regulations or state law. Lack of payment
for services does not constitute grounds for refusing to release client or
patient records.
