reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 12C NMSA 1978 may be cited as the "Massage Therapy Practice Act".
History:
Laws 1991, ch. 147, § 1; 1993, ch. 173, § 1; 1999, ch. 240, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, purported to amend this section but made no change.
The 1993 amendment,
effective June 18, 1993, substituted "Chapter 61, Article 12C NMSA 1978" for "Sections 1 through 25 of this act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-2 - Legislative purpose. (Repealed effective July 1, 2028.)

In the interest of public health, safety and welfare and to protect the public from unlawful, improper and incompetent practice of massage therapy, it is necessary to regulate that practice.
History:
Laws 1991, ch. 147, § 2; 1999, ch. 240, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, rewrote the section, which formerly read: "The legislature recognizes that the practice of massage therapy is potentially dangerous to the public. Therefore, it is necessary and in the interest of public health, safety and welfare to regulate the practice of massage therapy".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-2.1 - Scope of practice. (Repealed effective July 1, 2028.)

The practice of massage therapy consists of the assessment of the soft tissue structures of the body; the treatment and prevention of physical dysfunction and pain of soft tissue; and joint movement within normal physiologic range of motion to relieve pain or to develop, maintain, rehabilitate or augment physical function.
History:
Laws 2019, ch. 40, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
Emergency clauses.
— Laws 2019, ch. 40, § 15 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 240, § 20 repealed 61-12C-4 NMSA 1978, as enacted by Laws 1991, ch. 147, § 4, defining "massage therapy", effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
61-12C-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-5 - License required. (Repealed effective July 1, 2028.)

A. An individual shall not provide or offer to provide massage therapy for compensation unless that individual is a massage therapist.
B. An individual shall not use the title of or make any representation as being a massage therapist or use any other title, abbreviations, letters, figures, signs or devices that indicate the individual is a massage therapist unless the individual is a massage therapist.
History:
Laws 1991, ch. 147, § 5; 1993, ch. 173, § 4; 1999, ch. 240, § 4; 2019, ch. 40, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors"; and deleted former Subsections C and D, which related to massage therapy instructors and massage therapy schools.
The 1999 amendment,
effective July 1, 1999, in Subsection A, substituted "A person shall not provide or offer to provide massage therapy for compensation unless that person is a massage therapist" for "it is unlawful for any person to practice massage therapy for compensation to offer services as a massage therapist for compensation or to purport to be a massage therapist unless that person possesses a license to practice massage therapy under the provisions of the Massage Therapy Practice Act and"; in Subsection B, substituted "unless he is a massage therapist" for "unless he is licensed to practice massage therapy pursuant to the provisions of the Massage Therapy Practice Act"; and added Subsections C and D.
The 1993 amendment,
effective June 18, 1993, deleted "licensed" preceding "massage" in two places in Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-5.1 - Exemptions. (Repealed effective July 1, 2028.)

Nothing in the Massage Therapy Practice Act shall be construed to prevent:
A. qualified members of other recognized professions that are licensed or regulated under New Mexico law from rendering services within the scope of their licenses or regulations; provided they do not represent themselves as massage therapists;
B. students from rendering massage therapy services within the course of study of a registered massage therapy school; and
C. sobadores; Hispanic traditional healers; Native American healers; reflexologists whose practices are limited to hands, feet and ears; practitioners of polarity, Trager approach, Feldenkrais method, craniosacral therapy, Rolfing structural integration, reiki, ortho-bionomy or ch'i gung; or practitioners of healing modalities not listed in this subsection who do not manipulate the soft tissues for therapeutic purposes from practicing those skills. An exempt practitioner who applies for a license pursuant to the Massage Therapy Practice Act shall comply with all licensure requirements of that act.
History:
Laws 2001, ch. 121, § 1; 2007, ch. 174, § 1; 2019, ch. 40, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors"; and deleted former Subsection C, which related to visiting massage therapy instructors, and redesignated former Subsection D as Subsection C.
The 2007 amendment,
effective June 15, 2007, exempted practitioners of polarity, Trager approach, Feldenkrais method, craniosacral therapy, Rolfing structural integration, reiki, ortho-bionomy or ch'i gung and other practitioners of healing modalities who do not manipulate the soft tissues.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 240, § 20 repealed 61-12C-6 NMSA 1978, as enacted by Laws 1991, ch. 147, § 6, relating to exemptions, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-9 - Requirements for licensure of massage therapists. (Repealed effective July 1, 2028.)

A. The board shall issue a license to practice massage therapy to any individual who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant:
(1) has reached the age of majority;
(2) has completed all educational requirements established by the board; and
(3) has completed at least six hundred fifty hours of education that includes at least five hundred hours of massage therapy instruction.
B. An initial license issued pursuant to this section may be for a period of up to two years pursuant to board rule.
History:
Laws 1991, ch. 147, § 9; 1993, ch. 173, § 8; 1999, ch. 240, § 8; 2019, ch. 40, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors"; in the heading, deleted "and registration of massage therapy instructors"; and deleted Subsection B, which related to the registration of massage therapy instructors, and redesignated former Subsection C as Subsection B.
The 1999 amendment,
effective July 1, 1999, substituted "licensure of massage therapists and registration of massage therapy instructors" for "licensure registered instructors" in the section heading; rewrote Subsection A(3); deleted former Subsections A(4) and B; redesignated former Subsection C as Subsection B; deleted former Subsection B(2); and added Subsections B(2) and C.
The 1993 amendment,
effective June 18, 1993, deleted "and registered with the commission on higher education" following "by the board" and substituted "shall provide" for "must provide" in Paragraph (3) of Subsection A; deleted "satisfactorily" preceding "passing" and "and a practical" preceding "examination" in Paragraph (4) of Subsection A; substituted the current provision of Subsection B for "Every massage therapy instructor must be currently licensed as a massage therapist"; designated the former second sentence of Subsection B as current Subsection C and deleted "documents a minimum of two years of experience in his area of instruction" at the end of the introductory paragraph and added Paragraphs (1) and (2) therein.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-10 - Requirements for registration of massage therapy schools. (Repealed effective July 1, 2028.)

A. The board shall establish by rule procedures for the registration of massage therapy schools and shall register massage therapy schools that meet the requirements of the Massage Therapy Practice Act and rules adopted by the board pursuant to that act.
B. The board shall establish minimum standards of training and curriculum for massage therapy schools. Massage therapy schools shall provide an educational program that includes a minimum of six hundred fifty hours of training and shall include instruction in:
(1) anatomy;
(2) physiology;
(3) massage therapy;
(4) business;
(5) hydrotherapy;
(6) first aid;
(7) cardiopulmonary resuscitation; and
(8) professional ethics.
History:
Laws 1991, ch. 147, § 10; 1993, ch. 173, § 9; 1999, ch. 240, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Requirements for registration of massage therapy schools" for "Approved massage therapy schools registration" in the section heading; in Subsection A, substituted "procedures for the registration" for "procedures for approval", and added "and rules adopted by the board pursuant to that act"; in Subsection B, deleted "approved training programs and for approved" in the first sentence, deleted "At a minimum, approved" and substituted "Massage therapy schools shall provide an educational program that includes a minimum of six hundred fifty hours of training and" for "At a minimum, approved massage therapy schools shall provide training programs that include a minimum of three hundred hours of training. This"; and deleted former Subsections C and D, relating to board establishment of a list of approved massage therapy schools and annual registration with the board.
The 1993 amendment,
effective June 18, 1993, added current Subsection A; redesignated former Subsection A as Subsection B and inserted the paragraph designations in that subsection; rewrote the first and second sentences of former Subsection B as present Subsection C and designated the final sentence of former Subsection B as Subsection D; and deleted "and the commission on higher education" at the end of Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-10.1 - Massage therapy school registration, renewal, suspension and revocation. (Repealed effective July 1, 2028.)

A. A person shall not maintain, manage or operate a massage therapy school offering education, instruction or training in massage therapy unless the school is a registered massage therapy school.
B. Massage therapy school registrations shall expire annually. Expiration dates shall be established by rule of the board.
C. A registration shall be renewed by submitting a renewal application on a form provided by the board.
D. A sixty-day grace period shall be allowed each registrant after the end of the renewal period, during which time a registration may be renewed upon payment of the renewal fee and a late fee as prescribed by the board.
E. Proceedings to determine whether to suspend or revoke the registration of a massage therapy school may be instituted by sworn complaint of any individual, including members of the board, and shall conform with the provisions of the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978].
History:
Laws 2019, ch. 40, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
Emergency clauses.
— Laws 2019, ch. 40, § 15 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-11 - Display of license or registration. (Repealed effective July 1, 2028.)

A massage therapy license or registration issued by the board shall at all times be posted in a conspicuous place in the holder's principal place of business.
History:
Laws 1991, ch. 147, § 11; 1993, ch. 173, § 10; 1999, ch. 240, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, added "or registration" to the section heading.
The 1993 amendment,
effective June 18, 1993, inserted "or registration" and "holder's" and deleted "of the licensee" at the end.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-12 - Assignability of license. (Repealed effective July 1, 2028.)

A license or registration issued pursuant to the Massage Therapy Practice Act is not assignable or transferable.
History:
Laws 1991, ch. 147, § 12; 1993, ch. 173, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, inserted "or registration".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-13 - Examinations. (Repealed effective July 1, 2028.)

A. The board shall establish by rule the required examinations for licensure as a massage therapist and the procedures for taking and retaking them. The board shall determine the passing grade on examinations.
B. The board shall specify by rule the general areas of competency to be covered by examinations for licensure and ensure that the examinations measure adequately both an applicant's competency and knowledge of related statutory requirements. Professional testing services may be utilized for the examinations.
History:
Laws 1991, ch. 147, § 13; 1993, ch. 173, § 12; 1999, ch. 240, § 11; 2019, ch. 40, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, in Subsection A, after "required examinations", added "for licensure as a massage therapist".
The 1999 amendment,
effective July 1, 1999, in Subsection A, deleted the former first and second sentences, substituted "the required examinations and the procedures for taking and retaking them" for "the examination application deadline and other rules relating to taking and retaking licensure examinations"; and deleted Subsections C and D, relating to testing in the practical application of massage therapy techniques, anonymous grading, and retention of records of the exams.
The 1993 amendment,
effective June 18, 1993, deleted "Written and practical" at the beginning of Subsection A; substituted "examinations" for "written exam" at the end of Subsection B; substituted "may be tested" for "shall be tested" in Subsection C; deleted former Subsection D, pertaining to compliance with state and federal equal opportunity guidelines; and designated former Subsection E as Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-14 - Temporary license. (Repealed effective July 1, 2028.)

A. Prior to examination, an applicant for licensure may obtain a temporary license to engage in the practice of massage therapy if the applicant meets all the requirements for licensure except completion of the examination.
B. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied.
C. No more than one temporary license may be issued to an individual, and no temporary license shall be issued to an applicant who has previously failed the examinations.
History:
Laws 1991, ch. 147, § 14; 1993, ch. 173, § 13; 1999, ch. 240, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, in Subsection B, deleted the last sentence which read "If approved, the applicant shall be issued the initial license for the remainder of the year".
The 1993 amendment,
effective June 18, 1993, rewrote the section heading, which formerly read "Provisional Licensure"; substituted "temporary license" for "provisional license" throughout the section; deleted former Subsection B, which read "Each recipient of a provisional license shall practice under the direct supervision of a licensed massage therapist"; redesignated former Subsections C and D as Subsections B and C; added "and a license is issued or denied" at the end of the first sentence and added the second sentence of Subsection B; and substituted "failed the examinations" for "failed either the written or the practical examination" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 173, § 22 repealed 61-12C-15 NMSA 1978, as enacted by Laws 1991, ch. 147, § 15, concerning licensure without examination, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-18 - Inactive status. (Repealed effective July 1, 2028.)

A. A massage therapy license not renewed at the end of the sixty-day grace period shall be placed on inactive status for a period not to exceed two years. At the end of two years, if the license has not been reactivated, it shall automatically expire.
B. If within a period of two years from the date the license was placed on inactive status the licensee wishes to resume practice, the licensee shall notify the board in writing, and, upon proof of completion of any continuing education or refresher courses prescribed by rule of the board and payment of an amount set by the board in lieu of all lapsed renewal fees, the license shall be restored in full.
History:
Laws 1991, ch. 147, § 18; 1999, ch. 240, § 15; 2019, ch. 40, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors"; in Subsection A, after "massage therapy license", deleted "or massage therapy instructor registration"; and in Subsection B, after "inactive status the", deleted "massage therapist or massage therapy instructor" and added "licensee".
The 1999 amendment,
effective July 1, 1999, in Subsection A, added "A massage therapy license or massage therapy instructor registration" to the first sentence; in Subsection B, substituted "the license or registration was placed on inactive status the massage therapist or massage therapy instructor" for "the license was placed on inactive status the massage therapist".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 173, § 22 repealed 61-12C-19 NMSA 1978, as enacted by Laws 1991, ch. 147, § 19, concerning massage therapy schools, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-20 - License fees. (Repealed effective July 1, 2028.)

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish by rule a schedule of reasonable fees for applications, examinations, licenses, registrations, inspections, renewals, penalties, reactivation and necessary administrative fees, but no single fee shall exceed five hundred dollars ($500). All fees collected shall be deposited in the massage therapy fund.
History:
Laws 1991, ch. 147, § 20; 1993, ch. 173, § 16; 1999, ch. 240, § 16; 2020, ch. 6, § 32.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
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 added "Except as provided in Section 61-1-34 NMSA 1978".
The 1999 amendment,
effective July 1, 1999, deleted Subsections B through I, deleted the Subsection A designation, in the first sentence inserted "by rule", "examinations", "inspections", and "penalties, reactivation", deleted "placement on inactive service" following "renewals", and added "but no single fee shall exceed five hundred dollars ($500)" at the end, and added the second sentence.
The 1993 amendment,
effective June 18, 1993, substituted "registrations, renewals" for "renewal of licenses" in Subsection A; inserted "licensure" in Subsection B; deleted "first year" following "initial" in Subsection C; substituted "four hundred dollars ($400)" for "two hundred dollars ($200)" in Subsection D; deleted "annually" at the end of Subsection H; and added Subsection I.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-21 - Advertising. (Repealed effective July 1, 2028.)

A massage therapist or massage therapy school shall include the number of the license or registration and the designation as a "licensed massage therapist" or "registered massage therapy school" in any advertisement of massage therapy services as established by board rule.
History:
Laws 1991, ch. 147, § 21; 1993, ch. 173, § 17; 1999, ch. 240, § 17; 2019, ch. 40, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors".
The 1999 amendment,
effective July 1, 1999, substituted "A massage therapist, massage therapist instructor or massage therapy school licensed or registered pursuant to the Massage Therapy Practice Act" for "Each massage therapist, licensed under the provisions of the Massage Therapy Practice Act", "a 'massage therapist', 'registered massage therapy instructor' or 'registered massage therapy school'" for "a license or registration", and "massage therapy services as established by board rule" for "massage therapy services appearing in any newspaper, airwave transmission, telephone directory or other advertising medium".
The 1993 amendment,
effective June 18, 1993, inserted "or registration, and the designation as either a license or registration," and inserted "therapy" preceding "services".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-22 - Power of county or municipality to regulate massage. (Repealed effective July 1, 2028.)

A county or municipality, within its jurisdiction, may regulate persons licensed pursuant to the Massage Therapy Practice Act. Regulation shall not be inconsistent with the provisions of that act. This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to that act.
History:
Laws 1991, ch. 147, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-23 - Fund created. (Repealed effective July 1, 2028.)

There is created in the state treasury the "massage therapy fund". Money in the fund is appropriated to the board for the purpose of carrying out the provisions of the Massage Therapy Practice Act. All funds received or collected by the board or the department under the Massage Therapy Practice Act shall be deposited with the state treasurer, who shall place the money to the credit of the massage therapy fund. No balance in the fund at the end of any fiscal year shall revert to the general fund.
History:
Laws 1991, ch. 147, § 23.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-24.1 - Denial of license. (Repealed effective July 1, 2028.)

A. Pursuant to the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], the board may deny the issuance of a massage therapist license to an applicant.
B. The board has authority to take an action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that the applicant:
(1) is guilty of fraud, deceit or misrepresentation;
(2) attempted to use as the applicant's own the license of another;
(3) allowed the use by another of the applicant's license issued in another jurisdiction;
(4) has been adjudicated as mentally incompetent by regularly constituted authorities;
(5) has been convicted of a crime that substantially relates to the qualifications, functions or duties of a massage therapist. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of conviction;
(6) is guilty of unprofessional or unethical conduct or a violation of the code of ethics;
(7) is habitually or excessively using controlled substances or alcohol;
(8) is guilty of false, deceptive or misleading advertising;
(9) is guilty of aiding, assisting or advertising the practice of massage therapy in New Mexico without a New Mexico license;
(10) is grossly negligent or incompetent in the practice of massage therapy;
(11) has had a license to practice massage therapy revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the applicant similar to acts described in this section. A certified copy of the record of conviction shall be conclusive evidence of the conviction; or
(12) is guilty of failing to comply with a provision of the Massage Therapy Practice Act or rules of the board adopted pursuant to that act and filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 2019, ch. 40, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
Emergency clauses.
— Laws 2019, ch. 40, § 15 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-25 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)

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 Massage Therapy Practice Act.
History:
Laws 1991, ch. 147, § 25.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-26 - Protected actions. (Repealed effective July 1, 2028.)

A. No member of the board shall bear liability or be subject to civil damages or criminal prosecution for any action undertaken or performed within the scope of his duty.
B. No person or legal entity providing truthful and accurate information to the board, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.
History:
Laws 1993, ch. 173, § 19.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-27 - Offenses; criminal penalties. (Repealed effective July 1, 2028.)

An individual who does any of the following is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978:
A. violates a provision of the Massage Therapy Practice Act or rules adopted pursuant to that act;
B. renders or attempts to render massage therapy services without the required current valid license issued by the board; or
C. advertises or uses a designation, diploma or certificate implying that the individual is a massage therapist or massage therapy school unless the individual holds a current valid license or registration issued by the board.
History:
Laws 1993, ch. 173, § 20; 1999, ch. 240, § 19; 2019, ch. 40, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12C-28 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, removed references to "massage therapy instructors" and "massage therapy school"; in Subsection B, after "massage therapy services", deleted "instruction as a massage therapy instructor or instruction as a massage therapy school"; and in Subsection C, after "massage therapist", deleted "massage therapy instructor".
The 1999 amendment,
effective July 1, 1999, inserted "Offenses; criminal" in the section heading, and rewrote the section, which formerly read: "Any person who violates any provision of the Massage Therapy Practice Act is guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a period not to exceed one year or both".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12C - Massage Therapy Practice › Section 61-12C-28 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The massage therapy board is terminated on July 1, 2027 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 the Massage Therapy Practice Act until July 1, 2028. Effective July 1, 2028, Chapter 61, Article 12C NMSA 1978 is repealed.
History:
Laws 1993, ch. 173, § 21; 2000, ch. 4, § 9; 2005, ch. 208, § 8; 2015, ch. 119, § 13; 2021, ch. 50, § 9.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the massage therapy board, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the massage therapy board to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 2000 amendment,
effective February 15, 2000, substituted "massage therapy board" for "board of massage therapy" and substituted "2005" for "1999" in the first sentence; substituted "the Massage Therapy Practice Act" for "Chapter 61, Article 12C NMSA 1978"and substituted "2006" for "2000" in the second sentence; and substituted "2006, Chapter 61, Article 12C" for "2000, Article 12C of" in the last sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-1 - Short title. (Repealed effective July 1, 2028.)

This act [61-12D-1 through 61-12D-19 NMSA 1978] may be cited as the "Physical Therapy Act".
History:
Laws 1997, ch. 89, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 31, 50.
Licensing and regulation of practice of physical therapy, 8 A.L.R.5th 825.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 7, 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-2 - Legislative purpose. (Repealed effective July 1, 2028.)

The purpose of the Physical Therapy Act is to protect the public health, safety and welfare and provide for control, supervision, licensure and regulation of the practice of physical therapy. To carry out those purposes, only individuals who meet and maintain minimum standards of competence and conduct may engage in the practice of physical therapy. The practice of physical therapy is declared to affect the public interest and that act shall be liberally construed so as to accomplish the purpose stated in that act.
History:
Laws 1997, ch. 89, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-3 - Definitions. (Repealed effective July 1, 2028.)

As used in the Physical Therapy Act:
A. "assistive personnel" means physical therapist assistants, physical therapy aides and other assistive personnel;
B. "board" means the physical therapy board;
C. "other assistive personnel" means trained or educated personnel other than physical therapist assistants or physical therapy aides who perform specific designated tasks related to physical therapy under the supervision of a physical therapist. At the discretion of the supervising physical therapist and if not prohibited by any other law, it may be appropriate for other assistive personnel to be identified by the title specific to their training or education;
D. "person" means an individual or other legal entity, excluding a governmental entity;
E. "physical therapist" means a person who is licensed in this state to practice physical therapy;
F. "physical therapist assistant" means a person who performs physical therapy procedures and related tasks pursuant to a plan of care written by the supervising physical therapist;
G. "physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist;
H. "physical therapy aide" means a person trained under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks;
I. "practice of physical therapy" means:
(1) examining and evaluating patients with mechanical, physiological and developmental impairments, functional limitations and disabilities or other health-related conditions in order to determine a physical therapy diagnosis, prognosis and planned therapeutic intervention;
(2) alleviating impairments and functional limitations by designing, implementing and modifying therapeutic interventions that include therapeutic exercise; functional training in self-care and community or work reintegration; manual therapy techniques, including soft tissue and joint mobilization and manipulation; therapeutic massage; assistive and adaptive devices and equipment; bronchopulmonary hygiene; debridement and wound care; physical agents; mechanical and electrotherapeutic modalities; and patient-related instruction;
(3) preventing injury, impairments, functional limitations and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations; and
(4) engaging in consultation, testing, education and research; and
J. "restricted license" means a license to which restrictions or conditions as to scope of practice, place of practice, supervision of practice, duration of licensed status or type or condition of patient or client served are imposed by the board.
History:
Laws 1997, ch. 89, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-4 - Board created. (Repealed effective July 1, 2028.)

A. The "physical therapy board" is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of five members appointed by the governor. Three members shall be physical therapists who are residents of the state, who possess unrestricted licenses to practice physical therapy and who have been practicing in New Mexico for no less than five years. Two members shall be citizens appointed from the public at large who are not associated with, or financially interested in, any health care profession.
B. Appointments shall be made for staggered terms of three years with no more than two terms ending at any one time. A member shall not serve for more than two successive three-year terms. Vacancies shall be filled for the unexpired term by appointment by the governor prior to the next scheduled board meeting. Board members shall continue to serve until a successor has been appointed and qualified.
C. The members shall elect a chairman and may elect other officers as they deem necessary.
D. The governor may remove a member of the board for misconduct, incompetence or neglect of duty.
E. Members may receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
F. There shall be no liability on the part of and no action for damages against any board member when the member is acting within the scope of his duties.
History:
Laws 1997, ch. 89, § 4; 2003, ch. 408, § 17.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
Cross references.
— For transfer from physical therapists' licensing board,
see
61-12D-19 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added "The board shall be administratively attached to the regulation and licensing department." following the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-5 - Powers and duties. (Repealed effective July 1, 2028.)

The board:
A. shall examine all applicants for licensure to practice physical therapy and issue licenses or permits to those who are duly qualified;
B. shall regulate the practice of physical therapy by interpreting and enforcing the provisions of the Physical Therapy Act;
C. may promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Physical Therapy Act;
D. may meet as often as it deems necessary. A majority of the members constitutes a quorum for the transaction of business. The board shall keep an official record of all its proceedings;
E. may establish requirements for assessing continuing competency;
F. may collect fees;
G. may elect such officers as it deems necessary for the operations and obligations of the board. Terms of office shall be one year;
H. shall provide for the timely orientation and training of new professional and public appointees to the board, including training in licensing and disciplinary procedures and orientation to all statutes, rules, policies and procedures of the board;
I. may establish ad hoc committees and pay per diem and mileage to the members;
J. may enter into contracts;
K. may deny, suspend or revoke a license or take other disciplinary action in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
L. shall report final disciplinary action taken against a physical therapist or physical therapist assistant to the national disciplinary database;
M. shall publish at least annually final disciplinary action taken against any physical therapist or physical therapist assistant; and
N. may prescribe the forms of license certificates, application forms and such other documents as it deems necessary to carry out the provisions of the Physical Therapy Act.
History:
Laws 1997, ch. 89, § 5; 2003, ch. 408, § 18; 2022, ch. 39, § 52.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
Cross references.
— For effect of rules by prior board,
see
61-12D-18 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the physical therapy board is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; in Subsection B, after "Physical Therapy Act", deleted "including taking disciplinary action"; in Subsection C, after "may", deleted "adopt, file, amend or repeal" and added "promulgate", after "rules", deleted "and regulations", and after "in accordance with the", deleted "Uniform Licensing" and added "State Rules"; and added a new Subsection K and redesignated former Subsections K through M as Subsections L through N, respectively.
The 2003 amendment,
effective July 1, 2003, deleted former Subsections I and J, concerning employment of director and personnel and hire of an attorney, and redesignated the subsequent subsections accordingly.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-6 - Board fund; created. (Repealed effective July 1, 2028.)

The "physical therapy fund" is created in the state treasury. The fund shall consist of deposits into the fund and income from investment of the fund. Money in the fund at the end of any fiscal year shall not revert to the general fund. Money in the fund is appropriated to the board to pay its necessary expenses pursuant to appropriation by the legislature and a budget approved by the state board of finance. Disbursements from the fund shall be made only on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director or his authorized representative.
History:
Laws 1997, ch. 89, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-7 - Fees. (Repealed effective July 1, 2028.)

A. Except as provided in Section 61-1-34 NMSA 1978, the board, by regulation, may charge the following fees:
(1) application for licensure as a physical therapist, not to exceed three hundred dollars ($300); provided that an additional fee to cover the cost of any examinations provided by the board may be charged;
(2) application for licensure as a physical therapist assistant, not to exceed three hundred dollars ($300); provided that an additional fee to cover the cost of any examinations provided by the board may be charged;
(3) annual renewal of license as a physical therapist, not to exceed one hundred fifty dollars ($150);
(4) annual renewal of license as a physical therapist assistant, not to exceed one hundred dollars ($100); and
(5) late fee, not to exceed five hundred dollars ($500).
B. The board may charge reasonable administration and duplication fees.
History:
Laws 1997, ch. 89, § 7; 2020, ch. 6, § 33.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
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 Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-8 - Practice of physical therapy; license required. (Repealed effective July 1, 2028.)

A. No person shall practice or hold himself out to be engaging in the practice of physical therapy or designate himself as a physical therapist unless he is licensed as a physical therapist or is exempt from licensure as provided in the Physical Therapy Act.
B. No person shall designate himself or act as a physical therapist assistant unless he is licensed as a physical therapist assistant or is exempt from licensure as provided in the Physical Therapy Act.
C. A physical therapist shall refer persons under his care to the appropriate health care practitioner if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond his scope of practice or when physical therapy is contraindicated.
D. Physical therapists or physical therapist assistants shall adhere to the recognized standards of ethics of the physical therapy profession.
History:
Laws 1997, ch. 89, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-9 - Use of titles; restrictions. (Repealed effective July 1, 2028.)

A. A physical therapist shall use the letters "PT" in connection with his name or place of business to denote licensure pursuant to the Physical Therapy Act.
B. It is unlawful for a person or his employees, agents or representatives to use in connection with his name or the name or activity of the business the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist", "registered physical therapist", the letters "PT", "LPT", "RPT", "MPT", "DPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless the services are provided by or under the direction of a physical therapist.
C. A physical therapist assistant shall use the letters "PTA" in connection with his name to denote licensure.
D. No person shall use the title "physical therapist assistant" or use the letters "PTA" in connection with his name or any other words, abbreviations or insignia indicating or implying directly or indirectly that he is a physical therapist assistant unless he has graduated from an accredited physical therapist assistant education program approved by the board and has met the requirements of the Physical Therapy Act.
History:
Laws 1997, ch. 89, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-10.1 - Expedited physical therapist and physical therapist assistant licensure. (Repealed effective July 1, 2028.)

A. The board shall issue an expedited license to a person licensed as a physical therapist or physical therapist assistant in another state or the District of Columbia who pays the required fees and demonstrates that the person holds a valid, unrestricted license and is in good standing with the licensing board in the other licensing jurisdiction. The board shall, as soon as practicable but no later than thirty days, process the application and issue the expedited license in accordance Section 61-1-31.1 NMSA 1978.
B. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require the person to pass an examination.
C. The board shall determine licensing jurisdictions from which it will not accept applicants for expedited licensure. The board shall post the list of disapproved licensing jurisdictions on its website, including the specific reasons for disapproval.
History:
Laws 2022, ch. 39, § 54.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.