reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-26 - Fund established. (Repealed effective July 1, 2030.)

A. There is created in the state treasury the "funeral services fund".
B. All fees and costs received or collected by the board or the department pursuant to provisions of the Funeral Services Act shall be deposited with the state treasurer for credit to the funeral services fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund at the end of any fiscal year shall remain in the fund and shall not revert to the general fund.
C. Money in the funeral services fund is appropriated to the board and shall be used only for the purpose of carrying out the provisions of the Funeral Services Act.
History:
Laws 1993, ch. 204, § 26; 1999, ch. 284, § 19; 2012, ch. 48, § 19; 2017, ch. 52, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, specified that fees and costs collected by the board of funeral services or the department of regulation and licensing pursuant to provisions of the Funeral Services Act be deposited with the state treasurer for credit to the funeral services fund; in Subsection B, after "All", deleted "money" and added "fees and costs".
The 2012 amendment,
effective July 1, 2012, changed the name of the act and the thanatopractice fund; in Subsection A, after "state treasury the", deleted "thanatopractice" and added "funeral services"; in Subsection B, after "provisions of the", deleted "Thanatopractice" and added "Funeral Services" and after "credit to the", deleted "thanatopractice" and added "funeral services"; and in Subsection C, after "Money in the", deleted "thanatopractice" and added "funeral services" and after "provisions of the", deleted "Thanatopractice" and added "Funeral Services".
The 1999 amendment,
effective June 18, 1999, in Subsection B, substituted "or collected by the board or the department pursuant to provisions of" for "by the board under" in the first sentence, and inserted "at the end of any fiscal year" in the last sentence; and deleted "meeting the necessary expenses incurred in" following "purpose of" in Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-27 - Criminal offender employment act. (Repealed effective July 1, 2030.)

The provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978] shall govern any consideration of criminal records required or permitted pursuant to the provisions of the Funeral Services Act.
History:
Laws 1993, ch. 204, § 27; 2012, ch. 48, § 20.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2012 amendment,
effective July 1, 2012, changed the name of the act; after the "required or permitted", deleted "under" and added "pursuant to the provisions of" and after "provisions of the", deleted "Thanatopractice" and added "Funeral Services".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-28 - Communications; confidentiality. (Repealed effective July 1, 2030.)

All written and oral communications made to the board relating to potential disciplinary action shall be subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
History:
Laws 1993, ch. 204, § 28; 1999, ch. 284, § 20.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted "subject to the Inspection of Public Records Act" for "confidential" and deleted the last sentence, which read "All data communication and information acquired by the board relating to complaints is confidential and shall not be disclosed unless formal disciplinary action is initiated under the Uniform Licensing Act or absent an order of a court of competent jurisdiction."
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-29 - Construction. (Repealed effective July 1, 2030.)

Nothing in the Funeral Services Act shall be construed to:
A. prohibit a funeral service practitioner or funeral service intern under the supervision of a funeral service practitioner from providing a direct disposition at a funeral or commercial establishment; or
B. govern or limit the authority of any personal representative, trustee or other person having a fiduciary relationship with the deceased.
History:
Laws 1993, ch. 204, § 29; 2012, ch. 48, § 21.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and eliminated reference to the associate funeral service practitioner and the assistant funeral service practitioner; and in Subsection A, after "funeral service practitioner", deleted "an associate funeral service practitioner, assistant funeral service practitioner".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-30 - Criminal penalties. (Repealed effective July 1, 2030.)

A person who commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year, or both:
A. violation of any provision of the Funeral Services Act;
B. rendering or offering to render funeral services, direct disposition services or cremation services without a current valid license issued pursuant to the Funeral Services Act; or
C. advertising or using any designation, diploma or certificate tending to imply that the person is a practitioner of funeral services, direct disposition services or cremation services without a current valid license issued pursuant to the Funeral Services Act.
History:
Laws 1993, ch. 204, § 30; 1999, ch. 284, § 21; 2012, ch. 48, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and in Subsections A, B and C, substituted "Funeral Services" for "Thanatopractice".
The 1999 amendment,
effective June 18, 1999, in the introductory language, substituted "who commits any of the following acts" for "who violates any provision of the Thanatopractice Act" and "of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year or both" for "not to exceed one thousand dollars ($1,000) or imprisonment or both", and added Subsections A to C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-30.1 - Unlicensed activity; civil penalty. (Repealed effective July 1, 2030.)

The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a fine in an amount not to exceed two thousand dollars ($2,000) and costs on a person who is found to have acted without a license in violation of the Funeral Services Act by a court or an administrative proceeding as provided for in the Funeral Services Act.
History:
Laws 2003, ch. 420, § 11; 2012, ch. 48, § 23; 2017, ch. 52, § 19.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, provided that the board of funeral services may impose a fine not to exceed two thousand dollars against any person found to have acted without a license in violation of the Funeral Services Act; after the section heading, added "The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding", after "impose a fine", added "in an amount not to exceed two thousand dollars ($2,000)", and after "costs", deleted "as set forth in the Funeral Services Act".
The 2012 amendment,
effective July 1, 2012, changed the name of the act; authorized the board to assess costs; after "impose a fine", added "and costs" and substituted "Funeral Services" for "Thanatopractice" throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-30.2 - Cease and desist orders; fines; finality; hearings. (Repealed effective July 1, 2030.)

A. Notwithstanding the provisions of Sections 61-1-3 and 61-32-24 NMSA 1978, if the board has reasonable cause to believe a person is committing a violation of a provision of the Funeral Services Act, or a rule adopted pursuant to that act, that creates a health risk for the community or a risk to the orderly or prompt disposition of dead human bodies and immediate enforcement is deemed necessary, the board may serve, in the manner prescribed by Section 61-1-5 NMSA 1978, a cease and desist order on a person to require that person to cease the violation. The order shall:
(1) indicate the violation and the general nature of the evidence of the violation;
(2) include a notice that if the person fails to comply with the order within twenty-four hours, the person may be subject to fines or costs, as provided in Sections 61-32-6 and 61-32-30.1 NMSA 1978, for noncompliance with the order as a violation of the Funeral Services Act, in addition to fines and costs imposed for a violation indicated in the order; and
(3) include a notice that a hearing has been scheduled to occur within five working days after service of the cease and desist order and the hearing will proceed unless waived by the person.
B. If the person waives a hearing as provided in Subsection A of this section, the order shall be final and not subject to review or appeal. The board may apply for injunctive relief to enforce the cease and desist order.
C. If a hearing is held, it shall be conducted pursuant to the hearing procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] that are consistent with this section and the consequences of the hearing, including a right to review, shall occur pursuant to that act.
D. An order of the board pursuant to this section or an order of a court to enforce it shall not relieve or absolve a person affected by the order from another liability, penalty or sanction applicable under law.
History:
Laws 2012, ch. 48, § 25.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 48 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-31 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2030.)

The board of funeral services is terminated on July 1, 2029 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of Section 12-9-18 NMSA 1978 until July 1, 2030. Effective July 1, 2030, the Funeral Services Act is repealed.
History:
Laws 1993, ch. 204, § 31; 1999, ch. 284, § 22; 2005, ch. 208, § 24; 2011, ch. 4, § 1; 2012, ch. 48, § 24; 2017, ch. 52, § 20; 2023, ch. 15, § 7.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "July 1, 2023" to "July 1, 2029" and changed "July 1, 2024" to "July 1, 2030".
The 2017 amendment,
effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024" in two places.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and the name of the board; in the first sentence, after "The board of", deleted "thanatopractice" and added "funeral services" and in the second sentence, after "July 1, 2018, the" deleted "Thanatopractice" and added "Funeral Services".
The 2011 amendment,
effective June 17, 2011, extended the life of the thanatopractice board from July 1, 2011 to July 1, 2017 and changed the sunset date from July 1, 2012 to July 1, 2018.
The 2005 amendment,
effective June 17, 2005, changes the termination, operation and repeal dates.
The 1999 amendment,
effective June 18, 1999, substituted "July 1, 2005" for "July 1, 1999" in the first sentence, and "July 1, 2006" for "July 1, 2000" in the last sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-1 - Short title.

Chapter 61, Article 33 NMSA 1978 may be cited as the "Utility Operators Certification Act".
History:
1953 Comp., § 67-40-1, enacted by Laws 1973, ch. 394, § 1; recompiled as 1978 Comp., § 61-33-1; Laws 1992, ch. 44, § 1.
ANNOTATIONS
The 1992 amendment,
effective March 6, 1992, substituted "Chapter 61, Article 33 NMSA 1978" for " This act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-3 - Administration; enforcement.

A. The administration and enforcement of the Utility Operators Certification Act is vested in the department.
B. The department shall:
(1) approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of public water supply system operators or public wastewater facility operators;
(2) prepare and administer written and practical examinations, based on nationally accepted standards, for certification of applicants as operators for one of the facility classifications established pursuant to Subsection A of Section 61-33-4 NMSA 1978;
(3) enter into agreements, contracts or cooperative arrangements with persons;
(4) receive and accept financial and technical assistance;
(5) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]; and
(6) issue, renew, suspend or revoke licenses or discipline a licensee in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History:
1953 Comp., § 67-40-3, enacted by Laws 1973, ch. 394, § 3; recompiled § 61-33-3; Laws 1992, ch. 44, § 3; 2005, ch. 285, § 2; 2022, ch. 39, § 101.
ANNOTATIONS
Cross references.
— For water quality control commission,
see
74-6-3 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, required the department of environment to promulgate rules in accordance with the State Rules Act and to issue, renew, suspend or revoke licenses or discipline a license in accordance with the Uniform Licensing Act; and in Subsection B, added Paragraphs B(5) and B(6).
The 2005 amendment,
effective July 1, 2005, changes "commission" to "department" in Subsection A, deletes the former provision of Subsection A which provided that the commission may delegate the administration and enforcement of the Utility Operator Certification Act to the department except adoption of regulations and conduct of hearings; adds Subsections B(1) through (4) to provide the duties of the department with respect to approval and accreditation of schools and training programs, examinations, agreements and contracts and financial and technical assistance.
The 1992 amendment,
effective March 6, 1992, designated the formerly undesignated provisions as Subsection A, deleted "water quality control" preceding "commission" in Subsection A, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 569; 61A Am. Jur. 2d Pollution Control § 129; 78 Am. Jur. 2d Waterworks and Water Companies §§ 1, 38.
39A C.J.S. Health and Environment §§ 45, 46, 131.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-6 - Certification required; prohibition.

It is unlawful to operate or allow the operation of a public water supply system or public wastewater facility unless the system or facility is operated by or under the supervision of a certified operator who meets or exceeds the appropriate certification level.
History:
1953 Comp., § 67-40-6, enacted by Laws 1973, ch. 394, § 6; recompiled as 1978 Comp., § 61-33-6; Laws 1992, ch. 44, § 6; 2005, ch. 285, § 5.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deletes former references to public water supply system and public wastewater facility; provides that it is unlawful to allow the operation of a system or facility unless it is operated or supervised by a certified operator who meets or exceeds the appropriate certification level.
The 1992 amendment,
effective March 6, 1992, deleted "present plant operators" at the end of the section catchline, deleted the former Subsection A designation at the beginning of the section, substituted "it is" for "it shall be", substituted "public water supply system" for "water system" several times throughout the section, inserted "public" preceding "wastewater facility" several times throughout the section, deleted "for public or commercial use serving twenty-five hundred persons or more after July 1, 1976" preceding "unless", and deleted former Subsection B relating to present plant operators.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 1, 4.
53 C.J.S. Licenses § 30.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-7 - Suspension and revocation.

The department, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] relating to notice and hearing, may suspend or revoke a certification upon the grounds that the certified operator:
A. committed fraud or deceit in procuring the certification;
B. committed gross incompetence in the operation of a public water supply system or public wastewater facility;
C. was derelict in the performance of a duty as a certified operator;
D. performed in the capacity of a higher classification of certified operator than that in which the operator is certified, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of public water supply system or public wastewater facility; or
E. is convicted of any violation of Section 61-33-8 NMSA 1978 or any state or federal water quality statutes.
History:
1953 Comp., § 67-40-7, enacted by Laws 1973, ch. 394, § 7; recompiled as 1978 Comp., § 61-33-7; Laws 1992, ch. 44, § 7; 2005, ch. 285, § 6.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changes "commission" to "department"; provides that the department may suspend or revoke a certification; changes "is guilty of" to "committed" in Subsections A and B; deletes the former provision in Subsection B that the operator was grossly incompetent in the supervision of the class of system or facility that he is certified to supervise or operate; deletes the former references to public water system operator or public wastewater facility operator in Subsection C, deletes the former references to public water system operator or public wastewater facility operator in Subsection D; and provides in Subsection D that the operator performed in a capacity of a higher classification of certified operator than the operator is certified, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level.
The 1992 amendment,
effective March 6, 1992, added Subsection E, substituted "public water supply system" for "water system" several times throughout the section, and inserted "public" preceding "wastewater facility" several times throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 58 to 62.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
53 C.J.S. Licenses § 50 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-8 - Prohibitions; penalty.

A. It is unlawful for any person not certified as an operator to:
(1) use the title "certified operator" or words of similar import in connection with the person's employment;
(2) represent himself as a certified operator; or
(3) perform the duties of a certified operator, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of public water supply system or public wastewater facility.
B. Any violation of the provisions of this section is a misdemeanor.
History:
1953 Comp., § 67-40-8, enacted by Laws 1973, ch. 394, § 8; recompiled as 1978 Comp., § 61-33-8; Laws 1992, ch. 44, § 8; 2005, ch. 285, § 7.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deletes references in Subsection A to public water supply system and public wastewater facility and to the supervisor of such systems and facilities; provides in Subsection A that it is unlawful to perform prohibited action except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of system or facility; and deletes the former provision of Subsection B which provided that it is unlawful for a persons who operates a public water supply system or public wastewater facility to employ a supervisor or operator who is not certified.
The 1992 amendment,
effective March 6, 1992, substituted "person who operates a public water supply system or public wastewater facility" for "person, instrumentality of the state or instrumentality of any political subdivision of the state expending any public funds" in Subsection B, substituted "public water supply system" for "water system" several times throughout the section, and inserted "public" preceding "wastewater facility" several times throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 594.
Validity of state statutory provision permitting administrative agency to impose monetary penalties for violation of environmental pollution statute, 81 A.L.R.3d 1258.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 33 - Utility Operators › Section 61-33-9 - Variance procedures.

A. The commission shall establish by regulation a variance procedure for public water supply system and public wastewater facility operating authorities.
B. Any variance procedure established by the commission shall not allow an operating authority more than six months to obtain the service of a certified operator, except the commission may give a variance not to exceed eighteen months if the operator in charge is involved in a training course that will bring his level of competency to the level required within the eighteen-month period.
History:
1953 Comp., § 67-40-9, enacted by Laws 1973, ch. 394, § 9; recompiled as 1978 Comp., § 61-33-9; Laws 1992, ch. 44, § 9.
ANNOTATIONS
The 1992 amendment,
effective March 6, 1992, twice inserted "public" in Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-1 - Short title.

Chapter 61, Article 34 NMSA 1978 may be cited as the "Signed Language Interpreting Practices Act".
History:
Laws 2007, ch. 248, § 1; 2013, ch. 166, § 6.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Signed Language Interpreting Practices Act; and at the beginning of the sentence, deleted "Sections 1 through 17 of this act" and added "Chapter 61, Article 34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-2 - Definitions.

As used in the Signed Language Interpreting Practices Act:
A. "board" means the signed language interpreting practices board;
B. "consumer" means a person using the services of a signed language interpreter;
C. "deaf, hard-of-hearing or deaf-blind person" means a person who has either no hearing or who has significant hearing loss;
D. "department" means the regulation and licensing department;
E. "interpreter" means a person who practices interpreting;
F. "interpreter education program" or "interpreter preparation program" means:
(1) a post-secondary degree program of at least two year's duration accredited by the state or similar accreditation by another state, district or territory; or
(2) a substantially equivalent education program approved by the board; and
G. "interpreting" means the process of providing accessible communication between deaf, hard-of-hearing or deaf-blind persons and hearing persons, including;
(1) communication between signed language and spoken language; or
(2) other modalities such as visual, gestural and tactile methods, not to include written communication.
History:
Laws 2007, ch. 248, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-3 - Scope of practice.

For the purposes of the Signed Language Practices Act, a person is interpreting if the person advertises, offers to practice, is employed in a position described as interpreting or holds out to the public or represents in any manner that the person is an interpreter in this state.
History:
Laws 2007, ch. 248, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-4 - License required.

Unless licensed pursuant to the Signed Language Interpreting Practices Act, a person shall not:
A. practice as an interpreter or perform interpreting services:
(1) for compensation or where compensation could be reasonably expected; or
(2) where effective communication is mandated by state or federal law;
B. use the title of interpreter or make any representation as being an interpreter, or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice interpreting; or
C. advertise or make any representation to the public or in any manner that the person is licensed to provide interpreting services.
History:
Laws 2007, ch. 248, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-5 - Exemptions.

The Signed Language Interpreting Practices Act does not apply to:
A. nonresident interpreters working in New Mexico less than thirty calendar days per year;
B. interpreting in religious or spiritual settings;
C. interpreting in informal settings for friends, families or guests;
D. interpreting in emergency situations where the deaf, hard-of-hearing or deaf-blind person or that person's legal representative decides that the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer;
E. the activities or services of a supervised interpreter intern or student in training who is enrolled in an interpreter education program, interpreter preparation program, or a program of study in signed language interpreting at an accredited institution of higher learning approved by the board; or
F. multilingual interpreting in order to accommodate the personal choice of the consumer.
History:
Laws 2007, ch. 248, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-6 - Confidential communication.

A. A communication is confidential when it is not intended to be disclosed to third persons other than those present to further the interest of the person requiring the interpreting.
B. A licensed signed language interpreter shall not disclose confidential information obtained in the course of professional services.
History:
Laws 2007, ch. 248, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-7 - Board created.

A. The "signed language interpreting practices board" is created.
B. The board is administratively attached to the department with administrative staff provided by the department.
C. The governor shall appoint the members to serve on the board.
D. The board shall consist of seven members, at least two of whom are from each congressional district, as follows:
(1) two licensed community interpreters and two licensed educational interpreters, at least one of whom is a deaf or hard-of-hearing person;
(2) two deaf, hard-of-hearing, deaf-blind persons who are regular consumers of signed language interpreting services; and
(3) one person representing the general public who has never been a licensed signed language interpreter and has no financial interest in the profession of signed language interpreting.
E. Members shall serve for staggered terms of three years each, except that the initial board shall be appointed so that the terms of three members expire June 30, 2009 and the terms of four members expire June 30, 2010.
F. Vacancies shall be filled by appointment by the governor for the unexpired term within ninety days of the vacancy. Board members shall serve until their successors have been appointed and qualified.
G. Members shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
H. No member shall serve more than two consecutive terms. A member failing to attend three meetings, after proper notice, shall be recommended for removal as a board member unless excused for reasons set forth in board rules.
I. The board shall elect a chair and other officers as it deems necessary to administer its duties.
J. The board shall hold at least two meetings annually and additional meetings as the board deems necessary. The additional meetings may be held upon call of the chair or upon written request of four members. Four members of the board, including the public member, constitutes a quorum to conduct business.
History:
Laws 2007, ch. 248, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-8 - Board powers and duties.

A. The board shall:
(1) administer and enforce provisions of the Signed Language Interpreting Practices Act;
(2) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] setting forth the qualifications of applicants for licensure and the provisions for the administration of examinations and the issuance, renewal, suspension or revocation of licenses;
(3) evaluate the qualifications of applicants for licensure and issue licenses;
(4) promulgate rules to effectively carry out and enforce the provisions of the Signed Language Interpreting Practices Act;
(5) submit an annual budget for each fiscal year to the department;
(6) maintain a record of all proceedings; and
(7) provide an annual report to the governor.
B. The board may refuse, suspend or revoke a license of an interpreter, conduct investigations, issue subpoenas and hold hearings as provided in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History:
Laws 2007, ch. 248, § 8; 2022, ch. 39, § 102.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified that the signed language interpreting practices board is required to follow the provisions of the State Rules Act when promulgating rules; and in Subsection A, Paragraph A(2), after "promulgate rules", added "in accordance with the State Rules Act", and in Paragraph A(4), after "promulgate rules", deleted "pursuant to the State Rules Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-9 - Requirements for licensure.

A. The board shall issue a license as a community signed language interpreter to a person who:
(1) files a completed application that is accompanied by the required fees; and
(2) submits satisfactory evidence that the person:
(a) has reached the age of majority;
(b) is of good moral character;
(c) has completed all educational requirements established by the board; and
(d) holds certification under a nationally recognized signed language interpreters organization or by an equivalent organization as defined by rule of the board.
B. The board shall issue a license as an educational signed language interpreter to a person who:
(1) files a completed application that is accompanied by the required fees; and
(2) submits satisfactory evidence that the person:
(a) has reached the age of majority;
(b) is of good moral character;
(c) has completed all educational requirements established by the board; and
(d) provides evidence of passing a skill assessment exam as established by rule.
C. The board shall issue a one-time, five-year provisional license to a person not meeting the community signed language interpreter or educational signed language interpreter requirements for licensure as a signed language interpreter pursuant to the Signed Language Interpreting Practices Act [Chapter 61, Article 34 NMSA 1978] if the person:
(1) has completed an interpreter education program or interpreter preparation program; or
(2) is employed as a community signed language interpreter or an educational signed language interpreter at the time that act becomes effective.
History:
Laws 2007, ch. 248, § 9.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-10 - License renewal.

A. Notwithstanding Subsection B of Section 8 [61-34-8 NMSA 1978] of the Signed Language Interpreting Practices Act, a licensee may renew a license every two years by submitting a completed renewal application provided by the board.
B. The board may require continuing education for license renewal as established by rule.
C. If a license is not renewed by the expiration date, the license shall be considered expired, and the licensee shall refrain from practicing. The licensee may renew within a sixty-day grace period, which begins the first day the license expires, by submitting payment of the renewal fee and a late fee and complying with all renewal requirements. Upon renewal of the license, the licensee may resume practice.
D. The board may issue rules providing for the inactive status of licenses.
History:
Laws 2007, ch. 248, § 10.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-11 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the board may, by rule, establish a schedule of fees as follows:
A. an initial nonrefundable biennial licensure fee not to exceed two hundred fifty dollars ($250);
B. a nonrefundable biennial license renewal fee not to exceed two hundred dollars ($200);
C. an initial nonrefundable annual provisional licensure fee not to exceed two hundred dollars ($200); and
D. an annual nonrefundable provisional licensure renewal fee not to exceed one hundred dollars ($100) limited to five years that the licensee may renew.
History:
Laws 2007, ch. 248, § 11; 2020, ch. 6, § 60.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-12 - Uniform licensing act.

The Signed Language Interpreting Practices Act is enforceable according to the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
Laws 2007, ch. 248, § 12.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-13 - Fund created.

A. The "signed language interpreting practices fund" is created in the state treasury.
B. All money received by the board under the Signed Language Interpreting Practices Act shall be deposited with the state treasurer for credit to the signed language interpreting practices fund. The fund consists of fees as provided in the Signed Language Interpreting Practices Act and money received from the telecommunications access fund. The state treasurer shall invest the fund as other state funds are invested. Earnings from investment of the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.
C. Money in the fund is subject to appropriation by the legislature to be used only for purposes of carrying out the provisions of the Signed Language Interpreting Practices Act.
D. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing.
History:
Laws 2007, ch. 248, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-14 - License denial, suspension or revocation.

A. In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend a license held or applied for under the Signed Language Interpreting Practices Act, upon grounds that the licensee or applicant:
(1) is guilty of fraud or deceit in procuring or attempting to procure a license;
(2) is guilty of gross incompetence;
(3) is guilty of unprofessional or unethical conduct as defined by rule of the board;
(4) uses untruthful or misleading advertising;
(5) is habitually or excessively using controlled substances or alcohol to such a degree the licensee or applicant is rendered unfit to practice as a signed language interpreter pursuant to the Signed Language Interpreting Practices Act;
(6) has violated the Signed Language Interpreting Practices Act;
(7) is guilty of aiding and abetting a person not licensed to practice signed language interpreting pursuant to the Signed Language Interpreting Practices Act; or
(8) as evidenced by a certified copy of the record of jurisdiction, has had a license, certificate or registration to practice signed language interpreting revoked, suspended or denied in any state or territory of the United States for actions pursuant to this section.
B. Disciplinary proceedings may be initiated by a complaint of a person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.
C. A person filing a complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
History:
Laws 2007, ch. 248, § 14.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-15 - Penalties.

A person who violates a provision of the Signed Language Interpreting Practices Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
History:
Laws 2007, ch. 248, § 15.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-16 - Criminal Offender Employment Act.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Signed Language Interpreting Practices Act.
History:
Laws 2007, ch. 248, § 16.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 248 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 34 - Signed Language Interpreting Practices › Section 61-34-17 - Repealed.

History:
Laws 2007, ch. 248, § 17; repealed by Laws 2013, ch. 166, § 10.
ANNOTATIONS
Repealed.
— Laws 2013, ch. 166, § 10 repealed 61-34-17 NMSA 1978, as enacted by Laws 2007, ch. 248, § 17, relating to the delayed repeal of the Signed Language Interpreting Practices Act, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-1 - Short title.

This act [61-35-1 to 61-35-8 NMSA 1978] may be cited as the "Unlicensed Health Care Practice Act".
History:
Laws 2009, ch. 141, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-3 - Licensing exemption.

A complementary and alternative health care practitioner who is not licensed, certified or registered in New Mexico as a health care practitioner shall not be in violation of any licensing law relating to health care services pursuant to Chapter 61 NMSA 1978 unless that individual:
A. engages in any activity prohibited in Section 4 [61-35-4 NMSA 1978] of the Unlicensed Health Care Practice Act; or
B. fails to fulfill the duties set forth in Section 5 [61-35-5 NMSA 1978] of the Unlicensed Health Care Practice Act.
History:
Laws 2009, ch. 141, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-4 - Prohibited acts.

A complementary and alternative health care practitioner shall not:
A. perform surgery on an individual;
B. set fractures on an individual;
C. administer x-ray radiation to an individual;
D. prescribe or dispense dangerous drugs or controlled substances to an individual;
E. directly manipulate the joints or spine of an individual;
F. physically invade the body except for the use of non-prescription topical creams, oils, salves, ointments, tinctures or any other preparations that may penetrate the skin without causing harm;
G. make a recommendation to discontinue current medical treatment prescribed by a licensed health care practitioner;
H. make a specific conventional medical diagnosis;
I. have sexual contact with a current patient or former patient within one year of rendering service;
J. falsely advertise or provide false information in documents described in Subsection A of Section 5 [61-35-5 NMSA 1978] of the Unlicensed Health Care Practice Act;
K. illegally use dangerous drugs or controlled substances;
L. reveal confidential information of a patient without the patient's written consent;
M. engage in fee splitting or kickbacks for referrals;
N. refer to the practitioner's self as a licensed doctor or physician or other occupational title pursuant to Chapter 61 NMSA 1978; or
O. perform massage therapy on an individual pursuant to the Massage Therapy Practice Act [Chapter 61, Article 12C NMSA 1978].
History:
Laws 2009, ch. 141, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-6 - Applicability.

The following individuals shall not provide complementary and alternative health care services pursuant to the Unlicensed Health Care Practice Act:
A. former health care practitioners whose license, certification or registration has been revoked or suspended by any health care board and not reinstated;
B. individuals convicted of a felony for a crime against a person who have not satisfied the terms of the person's sentence as provided by law;
C. individuals convicted of a felony related to health care who have not satisfied the terms of the person's sentence as provided by law; and
D. individuals who have been deemed mentally incompetent by a court of law.
History:
Laws 2009, ch. 141, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.