N.M. Stat. § 61-9-3 (2026)

As used in the Professional Psychologist Act:

   A. "board" means the New Mexico state board of psychologist examiners;
    B. "conditional prescription certificate" means a document issued by the board to a
licensed psychologist that permits the holder to prescribe psychotropic medication
under the supervision of a supervising clinician pursuant to the Professional
Psychologist Act;

    C. "independently licensed prescribing clinician" means a licensed physician,
osteopathic physician, prescribing psychologist who has at least four years of
independent experience in prescribing psychotropic medication to treat behavioral and
emotional conditions and mental illness, nurse practitioner, psychiatric nurse practitioner
or clinical nurse specialist;

   D. "person" includes an individual, firm, partnership, association or corporation;

   E. "prescribing psychologist" means a licensed psychologist who holds a valid
prescription certificate;

   F. "prescription certificate" means a document issued by the board to a licensed
psychologist that permits the holder to prescribe psychotropic medication pursuant to
the Professional Psychologist Act;

    G. "psychotropic medication" means a controlled substance or dangerous drug that
may not be dispensed or administered without a prescription but is limited to only those
agents related to the diagnosis and treatment or management of mental, nervous,
emotional, behavioral, substance use or cognitive disorders, including the management
of or protection from side effects that are a direct result from the use of those agents,
whose use is consistent with the standards of practice for clinical psychopharmacology;

    H. "psychologist" means a person who engages in the practice of psychology or
holds the person's self out to the public by any title or description of services
representing the person as a psychologist, which incorporates the words
"psychological", "psychologist", "psychology", or when a person describes the person's
self as above and, under such title or description, offers to render or renders services
involving the application of principles, methods and procedures of the science and
profession of psychology to persons for compensation or other personal gain;

    I. "practice of psychology" means the observation, description, evaluation,
interpretation and modification of human behavior by the application of psychological
principles, methods and procedures for the purpose of preventing or eliminating
symptomatic, maladaptive or undesired behavior and of enhancing interpersonal
relationships, work and life adjustment, personal effectiveness, behavioral health and
mental health, and further means the rendering of such psychological services to
individuals, families or groups regardless of whether payment is received for services
rendered. The practice of psychology includes psychological testing or
neuropsychological testing and the evaluation or assessment of personal characteristics
such as intelligence, personality, abilities, interests, aptitudes and neuropsychological
functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback,
behavior analysis and therapy; diagnosis and treatment of a mental and emotional
disorder or disability, alcoholism and substance abuse, disorders of habit or conduct
and the psychological aspects of physical illness, accident, injury and disability; and
psychoeducational evaluation, therapy, remediation and consultation;

   J. "school" or "college" means a university or other institution of higher education
that is regionally accredited and that offers a full-time graduate course of study in
psychology as defined by rule of the board or that is approved by the American
psychological association; and

   K. "supervising clinician" means a licensed physician, osteopathic physician,
prescribing psychologist who has at least four years of independent experience
prescribing psychotropic medication to treat behavioral and emotional conditions and
mental illness, nurse practitioner, psychiatric nurse practitioner or clinical nurse
specialist who is supervising a psychologist in the prescribing of psychotropic
medication.

History: 1953 Comp., § 67-30-3, enacted by Laws 1963, ch. 92, § 3; 1989, ch. 41, § 3;
1993, ch. 12, § 1; 1996, ch. 51, § 5; 1996, ch. 54, § 1; 1999, ch. 106, § 1; 2002, ch. 100,
§ 4 ; 2019, ch. 19, § 1; 2024, ch. 26, § 1; 2025, ch. 59, § 1.

                                     ANNOTATIONS

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

The 2025 amendment, effective June 20, 2025, revised the definition of the term
"independently licensed prescribing clinician" as used in the Professional Psychologist
Act; in Subsection C, after "osteopathic physician" added "prescribing psychologist who
has at least four years of independent experience in prescribing psychotropic
medication to treat behavioral and emotional conditions and mental illness".

The 2024 amendment, effective July 1, 2024, revised the definitions of "psychotropic
medication" and "supervising clinician"; in Subsection G, deleted "and whose primary
indication for use has been approved by the federal food and drug administration for the
treatment of mental disorders or is listed as a psychotherapeutic agent in Drug Facts
and Comparisons 2017, or the most recent edition of that book, or in American Hospital
Formulary Service Drug Information" and added "but is limited to only those agents
related to the diagnosis and treatment or management of mental, nervous, emotional,
behavioral, substance use or cognitive disorders, including the management of or
protection from side effects that are a direct result from the use of those agents, whose
use is consistent with the standards of practice for clinical psychopharmacology"; and in
Subsection K, added "prescribing psychologist who has at least four years of
independent experience prescribing psychotropic medication to treat behavioral and
emotional conditions and mental illness".
The 2019 amendment, effective February 4, 2019, defined "independent licensed
prescribing clinician" and "supervising clinician" as used in the Professional
Psychologist Act; in Subsection B, after "under the supervision of a", deleted "licensed
physician" and added "supervising clinician"; added a new Subsection C and
redesignated former Subsections C through I as Subsections D through J, respectively;
in Subsection G, after "mental disorders", deleted "and" and added "or", after "Drug
Facts and Comparisons", added "2017, or the most recent edition of that book", and
after "American Hospital Formulary Service", added "Drug Information"; and added
Subsection K.

The 2002 amendment, effective July 1, 2002, added new Subsections B, D, E, and F,
and redesignated former Subsections B, C, D, and E as present Subsections C, G, H,
and I, respectively.

The 1999 amendment, effective, June 18, 1999, deleted "but is not limited to" following
"includes" in the second sentence of Subsection D; and in Subsection E, deleted "or
approved by the American psychological association" following "accredited", substituted
"rule" for "regulation", and added the language beginning "or that" to the end.

The 1996 amendment, effective May 15, 1996, rewrote Subsection E. This section was
also amended by Laws 1996, ch. 51, § 5. The section was set out as amended by Laws
1996, ch. 54, § 1. See 12-1-8 NMSA 1978.

The 1993 amendment, effective July 1, 1993, inserted "engages in the practice of
psychology or" in Subsection C and made a minor stylistic change.

The 1989 amendment, effective June 16, 1989, rewrote Subsection D, which formerly
read "practice of psychology means the application of established methods or
procedures of understanding, predicting or modifying behavior. The application of said
principles includes counseling, guidance and behavior modification with individuals or
groups with problems in the areas of work, family, school and personal relationships;
measuring and testing of personality, intelligence, aptitudes, emotions, public opinion,
attitudes skills; teaching or lecturing in psychology; and doing research on problems
relating to human behavior; and in Subsection E, inserted "which is regionally
accredited or" and also inserted "public" preceding "education".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons
and Other Healers § 11.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 4, 5.