Current through Register Vol. 35, No. 18, September 24, 2024
A.
Responsibility of supervisors and
violations. The supervisor shall not assist a non-licensed person in the
performance of any activity that constitutes the practice of psychology except
as allowed by this part. A supervisor shall have functional authority over and
professional responsibility for the work of the non-licensed person. A
supervisor who assists a non-licensed person in the practice of psychology in
violation of this part, by acts of omission or commission, or who provides
inadequate supervision over a non-licensed person is subject to disciplinary
action. The grounds for disciplinary action may include, without limitation,
aiding and abetting the practice of psychology by a non-licensed person;
incompetent practice of psychology; willful or negligent violation of the act;
allowing the supervisor's name or license to be used in connection with a
non-licensee who performs psychological services outside of the area of the
non-licensed person's training, experience, or competency; or abandonment of
the patient or client.
B.
Qualifications of supervisors. The supervisor shall be a licensed
psychologist. The supervisor shall have training or experience in the specific
area of practice being supervised. The supervisor may assign non-licensed
persons to other qualified specialists under the supervisor's authority for
specific skill training. The other specialist shall have a clearly established
practice and shall possess demonstrable teaching skills. The supervisor shall
limit the number of non-licensed persons under supervision, taking into account
the requirements of the supervisor's principal work or practice and clinical
responsibilities, to ensure that the supervision provided and the practice are
consistent with professional standards. The supervisor shall not supervise an
applicant who is a member of the supervisor's immediate or extended family, who
has a financial interest in the supervisor's business or practice, or with whom
the supervisor has a dual relationship.
C.
Duties of the supervisor. The
supervisor has the following duties to his patients or clients, the
non-licensed person, and the public.
(1) The
supervisor has ultimate responsibility to the patient or client for all
professional psychological services rendered, whether rendered by the
supervisor or the non-licensed person.
(a)
The supervisor shall ensure that the patient or client knows the supervisory
status of the non-licensed person and that consent is obtained.
(b) The supervisor shall ensure that the
patient or client understands the possibility that a third-party payor may not
reimburse for services rendered by the non-licensed person.
(c) The supervisor shall ensure that the
patient or client is aware of the non-licensed person's qualifications and
functions.
(d) The supervisor shall
be available to patients or clients, shall be available to the non-licensed
person for professional guidance and direction and intervention as needed, and
shall be responsible for proper record-keeping and proper documentation in the
patient's or client's case file, progress notes, or medical record.
(2) Unless the applicant holds an
independent mental health license issued by the New Mexico counseling and
therapy practice board or is an independent social worker licensed by the New
Mexico board of social work examiners, the supervisor shall be responsible for
billing for services and receipt or collection of payment. Bills, statements,
invoices, or requests for payment in any form shall accurately and clearly
identify the work performed and by whom.
(3) The supervisor maintains ultimate
responsibility for and has an ongoing duty to actively supervise the
non-licensed person's work performance and conduct to ensure adherence to the
act and to board regulations.
(4)
The supervisor shall ensure that a non-licensed person for whose work the
supervisor is responsible does not engage in any activity, which, if engaged in
by the supervisor, would constitute a violation of the act or the board
regulations. The supervisor shall ensure, for example, that the non-licensed
person:
(a) does not engage in a dual
relationship;
(b) preserves the
confidentiality of patient or client information;
(c) does not misrepresent his status,
credentials, or qualifications to the patient or client or to others;
(d) does not mislead others or misrepresent
his status to collect fees for services; and
(e) does not abuse drugs, substances, or
alcohol to an extent or manner that endangers himself or another or impairs his
ability to perform the duties required.
(5) The supervisor shall ensure that the
non-licensed person works within his area of training, education, and
competence.
(6) The supervisor
shall adequately monitor the work of the non-licensed person to the extent
necessary to protect the welfare of the patient or client. The supervisor shall
ensure that the patient or client is properly evaluated and treated. The
supervisor shall assess the skills and functioning of the non-licensed person
on an ongoing basis to ensure that the non-licensed person is acting within his
area of training, education, and competence. The supervisor shall prepare and
document the plan of supervision, if applicable.
D.
Doctoral
students under
supervision. Students enrolled in a graduate-level clinical counseling
or school psychology training program who are rendering services under
supervision and who have not applied for licensure are exempt from the act as
specified under Section
61-9-16
NMSA 1978. Students shall not directly charge a patient or third-party payor a
fee for the services performed. The supervisor shall accept supervisory
responsibility only over students currently enrolled in a graduate-level
program, who are under the auspices of a bona fide practicum or externship
program with a designated faculty advisor who shall be responsible for
coordinating students services and training. Students shall not render any
psychological services that are not supervised by a qualified supervisor as
defined in this part.
E.
Registered psychologist interns and post-doctoral psychology
trainees.
(1) Psychology interns and
post-doctoral psychology trainees doing their training in New Mexico and who
are enrolled in an approved supervision program as defined in Subsection F of
16.22.1.7
NMAC must register with the board.
(2) Registered psychology interns and
post-doctoral psychology trainees working under approved supervision are
allowed to practice psychology as specified under Section
61-9-16
NMSA 1978.
(3) Individuals who are
enrolled in a formal internship or program or a postdoctoral supervised
experience that has been accredited by a nationally recognized accreditation
body will be registered based on documentation, in a manner satisfactory to the
board, of enrollment in that approved training program.
(4) Psychology interns and post-doctoral
trainees doing their training in New Mexico must apply for and receive formal
approval of their training program unless they are in a formal internship
program as described in Paragraph (3) of Subsection E of 16.22.3.9 NMAC and
must register with the board.
(5)
Interns and post-doctoral trainees shall not directly charge a patient or
third-party payor a fee for the services performed.
(6) Registration as a psychology intern or
post-doctoral trainee shall be for the term of the formal internship or
traineeship not to exceed two years total or as approved by the
board.
