NMSA 61-9-13. Denial, revocation or suspension of license. (Repealed

61-9-13. Denial, revocation or suspension of license. (Repealed effective July 1, 2028.) A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], 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 psychologist or psychologist associate upon proof that the applicant, 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; 2022, ch. 39, § 42.