Exemptions. (Repealed effective July 1, 2028.)

A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent: (1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of the person's profession or practice; or (2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice. B. Specifically exempted from the Counseling and Therapy Practice Act are: (1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated; (2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity; (3) duly ordained, commissioned or licensed ministers of a church providing pastoral services on behalf of a church; (4) a person who is enrolled in an internship or practicum under appropriate supervision and is in the internship or practicum for the sole purpose of acquiring an advanced degree in mental health counseling, marriage and family therapy or art therapy or a degree in substance abuse counseling; (5) practitioners of Native American healing arts; and (6) individuals who serve as peer counselors for a twelve-step recovery program or a similar self-help chemical dependency recovery program that: (a) does not offer chemical dependency treatment; (b) does not charge program participants a fee; and (c) allows program participants to maintain anonymity. C. Nothing in this section shall be construed to allow an individual whose license has been lost or suspended by the New Mexico counseling and therapy practice board or the New Mexico state board of psychology examiners to avoid such loss or suspension by utilizing this exemption.