N.M. Admin. Code § 16.27.18.16

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.27.18.16 - PROFESSIONAL COMPETENCE, CONDUCT AND INTEGRITY

A. Licensees or registrants shall not misrepresent his credentials, degrees, or competencies either through spoken word, written, or electronically transmitted material.

B. Licensees or registrants who has provided professional services to a client or former client within the previous 60 months shall not:

(1) engage in sexual intercourse, contact or other physical intimacies with the client;

(2) enter into a financial or other potentially exploitive relationship with the client; or

(3) seek to obtain client access to counselor or therapist personal information in social networking sites.

C. The prohibitions set out in Paragraphs (1), (2) and (3) of Subsection B of this section shall not be limited to the 60 month period but shall extend indefinitely if the client is proven to be clearly vulnerable, by reason of emotional or cognitive disorder, to exploitive influence by the counselor or therapist. The counselor or therapist who engages in such activity after the 60 month period following cessation or termination of treatment bears the burden of providing proof that there has been no exploitation, in light of all relevant factors, including:

(1) the amount of time that has passed since therapy terminated;

(2) the nature and duration of the therapy;

(3) the circumstances of termination;

(4) the patient's or client's personal history;

(5) the patient's or client's mental status;

(6) the likelihood of adverse impact on the patient or client and others; and

(7) any statements or actions made by the counselor or therapist during the course of therapy suggesting or inviting the possibility of a post termination relationship with the patient or client.

D. Licensees or registrants shall not undertake or continue a professional relationship with a client when the counselor or therapist is impaired due to mental, emotional, physiological, or substance abuse conditions.

E. Licensees or registrants violate the code and are subject to loss of licensure or other disciplinary action if:

(1) convicted of a felony or misdemeanor related to their qualifications or functions;

(2) disciplined by other state licensing boards for acts which would be a violation under this code of ethics, statutes or regulations;

(3) no longer competent to practice, or;

(4) they fail to cooperate with an investigation or disciplinary action taken by the state.

F. Licensees or registrants shall only perform counseling or therapy services within the scope of practice for their license. Licensees or registrants shall only perform testing and assessment services for which they are authorized under the act.

G. Licensees or registrants shall not use advertising, which is misleading, deceptive or false. All and any announcements of services shall include state designation, license number(s), and expiration date(s). Inactive and retired licensees or registrants shall not advertise using their license.

H. Licensees or registrants individual shall inform the client of the innovative nature and the known risks associated with the services, so that the client can exercise freedom of choice concerning the services when developing competency in a service or technique that is either new to the counselor or therapist, or new to the profession, shall engage in ongoing consultation with other relevant professionals and shall seek appropriate education and training in the new area.

I. Licensees or registrants shall make every effort to offer the client or former client the names of at least three referral sources, or refer the client to an organization that can provide referrals, upon request by a client or former client (e.g. physician, attorney, therapist, financial planner, etc.),.

J. Licensees or registrants shall not offer or accept kickbacks, rebates, bonuses or other remuneration of referrals; fee-for-service arrangements are not prohibited.

K. Bartering for professional services may be conducted only if:

(1) the supervisee or client requests it;

(2) the relationship is not exploitive; or

(3) the professional relationship is not distorted; and

(4) a clear written contract is agreed upon and signed by both parties.

N.M. Admin. Code § 16.27.18.16

16.27.18.16 NMAC- Rp 16 NMAC 27.14.16, 6-15-01; A, 7-1-04, Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 11/30/2021, Amended by New Mexico Register, Volume XXXV, Issue 14, July 30, 2024, eff. 7/30/2024