reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-4 - License required.

Unless licensed as a doctor of oriental medicine pursuant to the Acupuncture and Oriental Medicine Practice Act, no person shall:
A. practice acupuncture or oriental medicine;
B. use the title or represent himself as a licensed doctor of oriental medicine or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice as a doctor of oriental medicine; or
C. advertise, hold out to the public or represent in any manner that he is authorized to practice acupuncture and oriental medicine.
History:
1978 Comp., § 61-14A-4, enacted by Laws 1993, ch. 158, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 12 repealed former 61-14A-4 NMSA 1978, as enacted by Laws 1981, ch. 62, § 4, relating to exemptions, and enacted the above section, effective June 18, 1993.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, §§ 26 to 31, 132.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-5 - Title.

Any person licensed pursuant to provisions of the Acupuncture and Oriental Medicine Practice Act, in advertising his services to the public, shall use the title "doctor of oriental medicine" or "D.O.M.". The title "doctor of oriental medicine" or "D.O.M." shall supersede the use of all other titles that include the words "medical doctor" or the initials "M.D." unless the person is a medical doctor licensed pursuant to provisions of the Medical Practice Act [Chapter 61, Article 6 NMSA 1978].
History:
1978 Comp., § 61-14A-5, enacted by Laws 1993, ch. 158, § 13; 1997, ch. 240, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 13 repealed former 61-14A-5 NMSA 1978, as enacted by Laws 1981, ch. 62, § 5, relating to criminal offender's character evaluation, and enacted the above section, effective June 18, 1993.
The 1997 amendment,
effective June 20, 1997, substituted "pursuant to provisions" for "under" in the first sentence, and in the last sentence, deleted "Effective July 1, 1994" at the beginning, and inserted "other" following "of all" and "provisions of" following "pursuant to".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-6 - Exemptions.

A. Nothing in the Acupuncture and Oriental Medicine Practice Act is intended to limit, interfere with or prevent any other class of licensed health care professionals from practicing within the scope of their licenses, but they shall not hold themselves out to the public or any private group or business by using any title or description of services that includes the term acupuncture, acupuncturist or oriental medicine unless they are licensed under the Acupuncture and Oriental Medicine Practice Act.
B. The Acupuncture and Oriental Medicine Practice Act shall not apply to or affect the following practices if the person does not hold himself out as a doctor of oriental medicine or as practicing acupuncture or oriental medicine:
(1) the administering of gratuitous services in cases of emergency;
(2) the domestic administering of family remedies;
(3) the counseling about or the teaching and demonstration of breathing and exercise techniques;
(4) the counseling or teaching about diet and nutrition;
(5) the spiritual or lifestyle counseling of a person or spiritual group or the practice of the religious tenets of a church;
(6) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements; or
(7) the use of needles for diagnostic purposes and the use of needles for the administration of diagnostic or therapeutic substances by licensed health care professionals.
History:
1978 Comp., § 61-14A-6, enacted by Laws 1993, ch. 158, § 14; 1997, ch. 240, § 5; 2000, ch. 53, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 14 repealed former 61-14A-6 NMSA 1978, as enacted by Laws 1981, ch. 62, § 6, creating the board and relating to officers and compensation, and enacted the above section, effective June 18, 1993.
The 2000 amendment,
effective May 17, 2000, in Subsection A, substituted "licenses," for "license as defined by each profession's New Mexico licensing statutes" and substituted "term acupuncture" for "terms acupuncture"; deleted former Subsection B allowing students to practice acupuncture and oriental medicine under supervision, and redesignated former Subsection C as present Subsection B; in present Subsection B, substituted "person" for "individual" in the introductory language, substituted "a person" for "any individual" and substituted "a church" for "any church" in Paragraph (5).
The 1997 amendment,
effective June 20, 1997, inserted "approved by the board" near the beginning of Subsection B, substituted "if" for "provided that" in Subsection C, and added Paragraph C(7).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-9 - Board; duties.

The board shall:
A. establish fees;
B. provide for the examination of applicants for licensing as doctors of oriental medicine as provided in the Acupuncture and Oriental Medicine Practice Act;
C. keep a record of all examinations held, together with the names and addresses of all persons taking the examinations, and the examination results;
D. notify each applicant, in writing, of the results of his examinations within twenty-one days after the results of an examination are available to the board;
E. keep a licensee record in which the names, addresses and license numbers of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations;
F. provide for the granting and renewal of licenses and approval of educational programs; and
G. keep an accurate record of all its meetings, receipts and disbursements.
History:
1978 Comp., § 61-14A-9, enacted by Laws 1993, ch. 158, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 17 repealed former 61-14A-9 NMSA 1978, as enacted by Laws 1981, ch. 62, § 9, relating to qualifications for examination, and enacted the above section, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-10 - Requirements for licensing.

The board shall grant a license to practice acupuncture and oriental medicine to a person who has:
A. submitted to the board:
(1) the completed application for licensing on the form provided by the board;
(2) the required documentation as determined by the board;
(3) the required fees;
(4) an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetency;
(5) proof, as determined by the board, that the applicant has completed a board-approved educational program in acupuncture and oriental medicine as provided for in the Acupuncture and Oriental Medicine Practice Act and the rules of the board; and
(6) proof that he has passed the examinations approved by the board; and
B. complied with any other requirements of the board.
History:
1978 Comp., § 61-14A-10, enacted by Laws 1993, ch. 158, § 18; 1997, ch. 240, § 6; 2000, ch. 53, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 18 repealed former 61-14A-10 NMSA 1978, as enacted by Laws 1981, ch. 62, § 10, relating to requirements for institutes and private tutorships, and enacted the above section, effective June 18, 1993.
The 2000 amendment,
effective May 17, 2000, redesignated the existing provisions of the section as Subsection A with Paragraphs (1) to (6) and added Subsection B.
The 1997 amendment,
effective June 20, 1997, in Subsection E, substituted "a board-approved" for "an" following "completed" and deleted "and regulations" following "rules", and in Subsection F, substituted "the examinations" for "an examination".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-14.1 - Students and externs; supervised practice.

A. A student enrolled in an approved educational program may practice acupuncture and oriental medicine under the direct supervision of a teacher or tutor as part of the educational program.
B. The board may promulgate rules to govern the practice of acupuncture and oriental medicine by externs. The rules shall include qualifications for externs and supervising doctors of oriental medicine or other supervising health care professionals and the allowable scope of practice for externs. The board may charge a fee for approval and renewal of approval of extern programs. Participation as an extern is optional and not a requirement for licensure.
History:
Laws 2000, ch. 53, § 11.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-15 - License renewal.

A. Each licensee shall renew his license annually by submitting prior to the date established by the board:
(1) the completed application for license renewal on the form provided by the board; and
(2) the required fee for annual license renewal.
B. The board may require proof of continuing education or other proof of competency as a requirement for renewal.
C. A sixty-day grace period shall be allowed each licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for license renewal on the form provided by the board;
(2) the required fee for annual license renewal; and
(3) the required late fee.
D. Any license not renewed at the end of the grace period shall be considered expired and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board shall establish any requirements or fees that are in addition to the fee for annual license renewal and may require the former licensee to reapply as a new applicant.
History:
1978 Comp., § 61-14A-15, enacted by Laws 1993, ch. 158, § 23; 2000, ch. 53, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 23 repealed former 61-14A-15 NMSA 1978, as enacted by Laws 1981, ch. 62, § 15, relating to penalties, and enacted the above section, effective June 18, 1993.
The 2000 amendment,
effective May 17, 2000, changed the requirement that licenses be renewed biennially to annually; added "prior to the date established by the board" in Subsection A; substituted "late fee" for "fee for late license renewal" in Subsection C(3); in Subsection D, substituted "reinstatement" for "renewal", inserted "within one year of the date of renewal", and deleted "by rule" following "establish".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-16 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable nonrefundable fees not to exceed the following amounts:
A.
application for licensing
$800;
B.
application for expedited licensing
750;
C.
application for temporary licensing
500;
D.
examination, not including the cost of any nationally recognized examination
700;
E.
annual license renewal
400;
F.
late license renewal
200;
G.
expired license renewal
400;
H.
temporary license renewal
100;
I.
application for approval or renewal of approval of an educational program
600;
J.
late renewal of approval of an educational program
200;
K.
annual continuing education provider registration
200;
L.
application for extended or expanded prescriptive authority
500;
M.
application for externship supervisor registration
500;
N.
application for extern certification
500;
and
O.
fees to cover reasonable and necessary administrative expenses.
History:
1978 Comp., § 61-14A-16, enacted by Laws 1993, ch. 158, § 24; 2001, ch. 263, § 1; 2001, ch. 266, § 2; 2020, ch. 6, § 40; 2022, ch. 39, § 61.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 24 repealed former 61-14A-16 NMSA 1978, as enacted by Laws 1987, ch. 124, § 5, providing for termination of agency life and delayed repeal, and enacted the above section, effective June 18, 1993.
The 2022 amendment,
effective May 18, 2022, included "expedited licensing" in the list of fees; and in Subsection B, after "application for", deleted "reciprocal" and added "expedited".
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 2001 amendment,
effective July 1, 2001, substituted "$800" for "$500" in Subsection A; substituted "$500" for $300" in Subsection C; substituted "$700" for "$350" in Subsection D; substituted "annual" for "biennial" in Subsection E; deleted former Subsection K, which read "expired renewal of approval of an educational program. 400"; redesignated former Subsection L as K; added Subsections L, M and N; and redesignated former Subsection M as O.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-18 - Fund created.

A. There is created in the state treasury the "board of acupuncture and oriental medicine fund".
B. All money received by the board pursuant to the Acupuncture and Oriental Medicine Practice Act shall be deposited with the state treasurer for credit to the board of acupuncture and oriental medicine fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund shall remain in the fund and shall not revert to the general fund.
C. Money in the board of acupuncture and oriental medicine fund is appropriated to the board and shall be used only for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Acupuncture and Oriental Medicine Practice Act.
History:
1978 Comp., § 61-14A-18, enacted by Laws 1993, ch. 158, § 26.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-19 - Penalties.

A. A person who violates a provision of the Acupuncture and Oriental Medicine Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 31-19-1 NMSA 1978.
B. In addition to criminal penalties, a person who engages in acupuncture or oriental medicine without a license is subject to disciplinary proceedings by the board. The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty in an amount not to exceed two thousand dollars ($2,000) against such person and may assess the person for administrative costs, including investigative costs and the cost of conducting a hearing. The fine shall be deposited to the credit of the current school fund.
History:
1978 Comp., § 61-14A-19, enacted by Laws 1993, ch. 158, § 27; 2017, ch. 52, § 3.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, provided additional penalties for engaging in acupuncture or oriental medicine without a license, directed that money collected from fines be deposited to the credit of the current school fund; added the subsection designation "A." preceding the first sentence of the section; in Subsection A, after the subsection designation, deleted "Any" and added "A", and after "who violates", deleted "any" and added "a"; and added new Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, §§ 125 to 130.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-20 - 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 Acupuncture and Oriental Medicine Practice Act.
History:
1978 Comp., § 61-14A-20, enacted by Laws 1993, ch. 158, § 28.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-21 - Licensed acupuncture practitioner; license valid under new act.

Any person validly licensed as an acupuncture practitioner under prior law of this state shall be deemed licensed under the provisions of the Acupuncture and Oriental Medicine Practice Act.
History:
1978 Comp., § 61-14A-21, enacted by Laws 1993, ch. 158, § 29.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-22 - Repealed.

History:
1978 Comp., § 61-14A-22, enacted by Laws 1993, ch. 158, § 30; 2000, ch. 4, § 10; 2000, ch. 53, § 13; 2005, ch. 208, § 11; 2017, ch. 52, § 4; repealed by Laws 2023, ch. 15, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 15, § 8 repealed 61-14A-22 NMSA 1978, as enacted by Laws 1993, ch. 158, § 30, relating to termination of agency life, delayed repeal, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 14B NMSA 1978 may be cited as the "Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act".
History:
Laws 1996, ch. 57, § 1; 1999, ch. 128, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27, repealed 61-14B-1 NMSA 1978, as enacted by Laws 1981, ch. 249, § 1, and § 1 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, updated statutory references.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-3 - Scope of practice; speech-language pathology. (Repealed effective July 1, 2028.)

A. The scope of practice for speech-language pathologists shall include:
(1) rendering or offering to render professional services, including diagnosis, prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, counseling, prognostication, training and research to individuals or groups of individuals who have or are suspected of having disorders of communication, including speech comprehension, voice, fluency, language in all its expressive and receptive forms, including oral expression, reading, writing and comprehension, oral pharyngeal function, oral motor function, dysphagia, functional maintenance therapy or cognitive-communicative processes; and
(2) determining the need for personal augmentative and alternative communication systems, computer access or assistive technology, recommending such systems, and providing set-up, modification, training, trouble-shooting and follow-up in the utilization of such systems.
B. The scope of practice for speech-language pathologists may include:
(1) conducting pure-tone air conduction hearing screening, tympanometry screening, limited to a pass or fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communications;
(2) aural rehabilitation that is defined as services and procedures for facilitation of adequate receptive and expressive communication in individuals with hearing impairment; or
(3) supervision of graduate students, clinical fellows or paraprofessionals.
History:
Laws 1996, ch. 57, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-3 NMSA 1978, as enacted by Laws 1981, ch. 249, § 3, relating to appointment of the speech-language pathology and audiology advisory board, and § 3 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-3.1 - Scope of practice; apprentice in speech and language. (Repealed effective July 1, 2028.)

The scope of practice for an apprentice in speech and language is to provide adjunct services that are planned, selected or designed by the supervising speech-language pathologist. These services may include:
A. conducting speech-language or hearing screenings;
B. following documented intervention plans or protocols;
C. preparing written daily plans based on the overall intervention plan;
D. recording, charting, graphing or otherwise displaying data relative to client performance and reporting performance changes to the supervisor;
E. maintaining daily service notes and completing daily charges as requested;
F. reporting but not interpreting data relative to client performance to teacher, family or other professionals;
G. performing clerical duties, including maintenance of therapy and diagnostic materials, equipment and client files as directed by the supervisor;
H. assisting the speech-language pathologist during client treatment and assessment; and
I. assisting the speech-language pathologist in research, in-service, training and public relations programs.
History:
Laws 1999, ch. 128, § 3; 2005, ch. 250, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "treatment" to "intervention" in Subsection B; deleted "or delivery notes" in Subsection E; and deleted former Subsection F, which provided that the services may include reporting but not interpreting data relative to client performance to teacher, family or other professionals.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-3.2 - Scope of practice; clinical fellow of speech-language pathology. (Repealed effective July 1, 2028.)

A. The scope of practice for a clinical fellow of speech-language pathology under supervision by an appropriate supervisor shall include:
(1) rendering or offering to render professional services, including diagnosis, prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, counseling, prognostication, training and research, to individuals or groups of individuals who have or are suspected of having disorders of communication, including speech comprehension; voice fluency; language in all its expressive and receptive forms, including oral expression, reading, writing and comprehension; oral pharyngeal function; oral motor function; dysphagia; functional maintenance therapy; or cognitive-communicative processes; and
(2) determining the need for personal augmentative and alternative communication systems, computer access systems or assistive technology systems; recommending such systems; and providing setup modification, training, troubleshooting and follow-up in the utilization of such systems.
B. The scope of practice for a clinical fellow of speech-language pathology under supervision by an appropriate supervisor may include:
(1) conducting pure-tone air conduction hearing screening or tympanometry screening, limited to a pass or fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication; and
(2) aural rehabilitation that is defined as services and procedures for facilitation of adequate receptive and expressive communication in individuals with hearing impairment.
History:
Laws 2013, ch. 110, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
Effective dates.
— Laws 2013, ch. 110 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 128, § 11 repealed 61-14B-4 NMSA 1978, as enacted by Laws 1996, ch. 57, § 4, relating to the scope of practice for nondispensing audiologists, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
61-14B-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-5 - Scope of practice; audiologists. (Repealed effective July 1, 2028.)

The scope of practice for audiologists shall include:
A. the rendering or offering to render professional services, including nonmedical diagnosis, prevention, identification, evaluation, consultation, counseling, habilitation, rehabilitation and instruction on and prognostication of individuals having or suspected of having disorders of hearing, balance or central auditory processing;
B. identification and evaluation of auditory function through the performance and interpretation of appropriate behavioral or electrophysiological tests for this purpose;
C. making ear impressions for use with auditory trainers or for non-amplified devices such as swim molds or ear protectors;
D. cerumen management;
E. evaluation and management of tinnitus;
F. the scope of practice for hearing aid dispensers;
G. consultation regarding noise control or environmental noise evaluation;
H. hearing conservation;
I. calibration of equipment used in hearing testing and environmental evaluation;
J. fitting and management of auditory trainers, including their general service, adjustment and analysis of function, as well as instruction, orientation and counseling in the use and care of these instruments;
K. speech or language screening for the purposes of audiological evaluation or initial identification for referral of individuals with disorders of communication other than hearing;
L. supervision of students, clinical fellows and paraprofessionals; and
M. sponsorship of hearing aid dispenser trainees.
History:
Laws 1996, ch. 57, § 5; 1999, ch. 128, § 4; 2013, ch. 110, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-5 NMSA 1978, as enacted by Laws 1981, ch. 249, § 5, relating to licensure and regulation of speech-language pathologists or audiologists, and § 5 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, broadened the scope of practice for audiologists; in Subsection B, deleted the introductory language "The scope of practice for audiologists may include"; added Subsection F; and deleted former Subsection G, which provided that authorized the scope of practice of audiologists to be expanded to include dispensing of hearing aids.
The 1999 amendment,
effective June 18, 1999, in the section heading, deleted "dispensing" preceding "audiologists"; and rewrote the section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-6 - Scope of practice; hearing aid dispenser. (Repealed effective July 1, 2028.)

The scope of practice of the hearing aid dispenser shall include:
A. the measurement and evaluation of the sensitivity of human hearing by means of appropriate behavioral testing equipment for the purpose of amplification;
B. the otoscopic observation of the outer ear in connection with the evaluation of hearing and the fitting of hearing aids and for the purpose of referral to other professionals;
C. the fabrication of ear impressions or ear molds for the purpose of selecting and fitting hearing aids;
D. the analysis of hearing aid function by means of the appropriate testing equipment;
E. the selection and fitting of hearing aids with appropriate instruction, orientation, counseling and management regarding the use and maintenance of these devices; and
F. the modification and general servicing of hearing aids.
History:
Laws 1996, ch. 57, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-6 NMSA 1978, as enacted by Laws 1981, ch. 249, § 6, relating to persons and practices not restricted by provisions of the Speech-Language Pathology and Audiology Act, and § 6 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of state statutes regulating hearing aid fitting or sales, 96 A.L.R.3d 1030.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-8 - Exemptions. (Repealed effective July 1, 2028.)

A. Nothing in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be construed to prevent qualified members of other recognized professions that are licensed, certified or registered under New Mexico law or regulation from rendering services within the scope of their licenses, certificates or registrations, provided that they do not represent themselves as holding licenses in speech-language pathology, audiology or hearing aid dispensing.
B. A person not meeting the requirements for licensure as a speech-language pathologist or audiologist under the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act may practice as a speech pathologist or audiologist until July 1, 1997 if:
(1) the person is employed as a speech pathologist or audiologist on a waiver license issued by the public education department prior to the effective date of that act; and
(2) the person is actively seeking the educational requirements for licensure under that act.
C. Nothing in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act prevents qualified members of other recognized professional groups, such as licensed physicians, dentists or teachers of the deaf, from doing appropriate work in the area of communication disorders consistent with the standards and ethics of their respective professions.
D. Nothing in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act restricts the activities and services of a speech-language pathology or audiology graduate student at an accredited or approved college or university or an approved clinical training facility; provided that these activities and services constitute part of the student's supervised course of study and that the student is designated as a speech-language pathology or audiology graduate student or other title clearly indicating the training status appropriate to the student's level of training.
History:
Laws 1996, ch. 57, § 8; 2013, ch. 110, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-8 NMSA 1978, as enacted by Laws 1981, ch. 249, § 8, relating to qualifications of applicants for licensure as a speech-language pathologist or audiologist, and § 8 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, changed terminology; in Subsection A, changed "license", "certificate" and "registration" to their plural forms; in Subsection B, changed "he" to "the person" and "state department of public education" to "public education department"; and in Subsection D, changed "he" or "his" to "the student".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-9 - Board created. (Repealed effective July 1, 2028.)

A. There is created the "speech-language pathology, audiology and hearing aid dispensing practices board" that shall be administratively attached to the department.
B. The board shall consist of eleven members who have been New Mexico residents for at least five years prior to their appointment. Among the membership, three members shall be licensed speech-language pathologists, two members shall be licensed audiologists, two members shall be licensed hearing aid dispensers, one member shall be a licensed otolaryngologist and three members shall represent the public and have no interest, direct or indirect, in the profession regulated.
C. A licensed member of the board shall not hold any elected or appointed office in any related professional organization.
History:
Laws 1996, ch. 57, § 9; 2013, ch. 110, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-9 NMSA 1978, as enacted by Laws 1981, ch. 249, § 9, relating to special conditions for licensing of applicants to practice speech-language pathology or audiology, and § 9 of that act enacts the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, increased the number of board members; increased the number of board members who are licensed speech-language pathologists; in Subsection B, in the first sentence, after "shall consist of", deleted "ten" and added "eleven" and in the second sentence, after "Among the membership" deleted "two" and added "three".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-10 - Terms; reimbursement; meetings. (Repealed effective July 1, 2028.)

A. Members of the board shall be appointed by the governor for staggered terms of three years. Each member shall hold office until the member's successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as original appointments.
B. A majority of the board members serving constitutes a quorum of the board. The board shall meet at least once a year and at such other times as it deems necessary.
C. The board shall elect a chair and other officers as deemed necessary to administer its duties.
D. No board member shall serve more than two full consecutive terms, and a member failing to attend three meetings after proper notice shall automatically be recommended for removal as a board member unless excused for reasons set forth in board regulations.
E. Members of the board shall be reimbursed 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.
F. No member of the board shall be liable in a civil action for any act performed in good faith in the performance of the member's duties.
History:
Laws 1996, ch. 57, § 10; 2013, ch. 110, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-10 NMSA 1978, as enacted by Laws 1981, ch. 249, § 10, relating to powers and duties of the regulation and licensing department, and § 10 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, changed terminology; in Subsection A, in the second sentence, changed "successors are" to "the member's successor is"; in Subsection C, changed "chairman" to "chair"; and in Subsection F, changed "his" to "the member's".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-13 - Requirements for endorsement to dispense hearing aids as an otolaryngologist. (Repealed effective July 1, 2028.)

An endorsement to practice hearing aid dispensing shall be issued to a licensed otolaryngologist who files a completed application accompanied by the required fees and documentation and who:
A. provides evidence satisfactory to the board of at least six months' experience in the dispensing of hearing aids through practical examination or other methods as determined by the board in either a graduate training program or in a work or training experience;
B. maintains or occupies a business location, hospital, clinical medical practice or other facility where hearing aids are regularly dispensed;
C. passes the jurisprudence examination given by the board; and
D. certifies that the otolaryngologist is not guilty of any activities listed in Section 61-14B-21 NMSA 1978.
History:
Laws 1996, ch. 57, § 13; 1999, ch. 128, § 6; 2015, ch. 110, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-13 NMSA 1978, as enacted by Laws 1981, ch. 249, § 13, relating to fees for speech-language pathologists or audiologists licenses, and Laws 1996, ch. 57, § 13 enacted a new section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 2015 amendment,
effective June 19, 2015, removed "audiologist" from the section of the law that provides for an endorsement to practice hearing aid dispensing; in the catchline, after "hearing aids as an", deleted "audiologist"; in the introductory sentence of the section, after "issued to a licensed", deleted "audiologist or"; and in Subsection D, after "certifies that", deleted "he" and added "the otolaryngologist".
The 1999 amendment,
effective June 18, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 4; 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 144.
Practicing medicine, surgery, dentistry, optometry, podiatry or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.
53 C.J.S. Licenses § 34.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-15 - Requirements for licensure; clinical fellow of speech-language pathology. (Repealed effective July 1, 2028.)

A license to practice as a clinical fellow of speech-language pathology shall be issued to a person who files a completed application, pays the required fees, provides documentation and submits satisfactory evidence that the person:
A. has met all academic course work and practicum requirements for a master's degree in speech-language pathology, speech pathology or communication disorders for certification by a national professional association;
B. certifies that the person has received no reprimands of unprofessional conduct or incompetency;
C. applies for licensure under Section 61-14B-12 NMSA 1978 after completing the clinical fellowship year; and
D. has an appropriate supervisor, as defined in Section 61-14B-2 NMSA 1978.
History:
Laws 1996, ch. 57, § 15; 2013, ch. 110, § 10; 2015, ch. 110, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-15 NMSA 1978, as enacted by Laws 1981, ch. 249, § 15, relating to penalties for violation of any of the provisions of the Speech-Language Pathology and Audiology Act, and Laws 1996, ch. 57, § 15 enacted a new section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2015 amendment,
effective June 19, 2015, amended the certification requirements for an applicant for a license to practice as a clinical fellow of speech-language pathology; and in Subsection A, after "certification by a", deleted "nationally recognized speech-language or hearing" and added "national professional".
The 2013 amendment,
effective June 14, 2013, eliminated the qualifications for licensure as a clinical fellow of audiology; in the title, after "pathology", deleted "clinical follow of audiology"; in the introductory sentence, after "speech-language pathology", deleted "or audiology" and after "complete application", deleted "passes the examination approve by the board prior to or within one year of applying for the examination"; in Subsection A, after "communication disorders", deleted "or audiology or both", deleted former Subsection B, which required the filing of a GFY plan; in Subsection C, after "Section", deleted "12 of the Speech Language Pathology, Audiology and Hearing Aid Dispensing Practices Act" and added "61-14B-12 NMSA 1978"; in Subsection D, at the beginning of the sentence, after "has", deleted "a GFY" and added "an appropriate", deleted former Paragraph (1), which required the applicant to be a licensed speech-language pathologist or audiologist, deleted former Paragraph (2) which required the applicant to be registered as a CFY supervisor, and added "as defined in Section 61-14B-2 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-15.1 - Requirements for licensure; apprentice in speech and language. (Repealed effective July 1, 2028.)

A license to practice as an apprentice in speech and language shall be issued by the board to a person who files a completed application accompanied by the required fees and documentation and provides satisfactory evidence that the applicant:
A. is working toward full licensure pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
B. has a baccalaureate degree in speech-language pathology or communicative disorders or an equivalent degree or a baccalaureate degree in another field with thirty semester hours of credit in speech-language pathology or communicative disorder;
C. is enrolled in and successfully completes graduate classes in speech-language pathology, communicative disorders or a related field at a minimum rate of nine semester hours per year and is accepted into a master's level program in speech-language pathology or communicative disorders within two years of initial licensing;
D. maintains a minimum of a 3.0 grade point average in the master's degree course and other work;
E. is supervised by an appropriate supervisor, as defined in Section 61-14B-2 NMSA 1978; and
F. has arranged for appropriate supervision to meet the supervision requirement defined by rule.
History:
Laws 1999, ch. 128, § 8; 2005, ch. 250, § 4; 2013, ch. 110, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, changed the qualifications for licensure as an apprentice in speech and language; in Subsection C, after "communicative disorders", added "or a related field"; in Subsection E, after "supervised by", deleted "a person licensed as a speech-language pathologist who has a minimum of two years experience as a speech-language pathologist" and added "an appropriate supervisor, as defined in Section 61-14B-2 NMSA 1978"; and in Subsection F, deleted "receives a minimum of ten percent direct supervision and ten percent indirect supervision" and added "has arranged for appropriate supervision to meet the supervision requirement defined by rule".
The 2005 amendment,
effective June 17, 2005, deleted the provision that an a person have an equivalent degree regardless of the degree name; deleted the reference to audiology in Subsection B and added the provision that a person be enrolled and complete graduate classes and is accepted into a master's level program in speech-language pathology in Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-16 - Licensure under prior laws. (Repealed effective July 1, 2028.)

Any license issued in accordance with the Speech-Language Pathology and Audiology Act or the Hearing Aid Act prior to the effective date of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be valid until the expiration date of the license.
History:
1996, ch. 57, § 16.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 57, § 27 repealed 61-14B-16 NMSA 1978, as enacted by Laws 1981, ch. 249, § 16, relating to annual renewal of speech-language pathology or audiology licenses, and § 16 of that act enacted the above section, effective July 1, 1996.
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
Compiler's notes.
— The Speech-Language Pathology and Audiology Act and the Hearing Aid Act were the precursors to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, and were compiled as Chapter 61, Article 14B and Chapter 61, Article 24A NMSA 1978, respectively, before their repeal in 1996.
The phrase "effective date of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act", referred to in this section, means July 1, 1996, the effective date of Laws 1996, ch. 57.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-16.1 - Expedited licensure. (Repealed effective July 1, 2028.)

A. The board shall issue an expedited license without examination to a speech-language pathologist, audiologist or hearing aid dispenser licensed in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978. The board shall issue the expedited license as soon as practicable but no later than thirty days after the person files an application with 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. 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 before license renewal.
B. The board by rule shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
History:
Laws 2022, ch. 39, § 63.
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.