reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-2 - Purpose of act.

The purpose of the Medical Imaging and Radiation Therapy Health and Safety Act is to maximize the protection practicable for the citizens of New Mexico from ionizing and non-ionizing radiation in the practice of medical imaging. This purpose is effectuated by establishing requirements for appropriate education and training of persons operating medical equipment emitting ionizing and non-ionizing radiation, establishing standards of education and training for the persons who administer medical imaging and radiation therapy procedures and providing for the appropriate examination and licensure of those persons.
History:
Laws 1983, ch. 317, § 2; 2009, ch. 106, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; after "ionizing" in two places, added "or non-ionizing"; after "practice of", deleted "the healing arts" and added "medical imaging"; after "administering", deleted "radiologic" and added "medical imaging and radiation therapy" and after "examination and", changed "certification" to "licensure".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, §§ 26 to 29, 31, 51 to 61, 63, 74 to 120, 125 to 130, 132.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 6, 7, 12, 13, 19 to 24, 28, 33, 35 to 57.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-3 - Administration; enforcement.

The administration and enforcement of the Medical Imaging and Radiation Therapy Health and Safety Act is vested in the department.
History:
Laws 1983, ch. 317, § 3; 1993, ch. 140, § 2; 2009, ch. 106, § 3.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act".
The 1993 amendment,
effective June 18, 1993, substituted "department" for "division".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-5 - Board; powers; duties.

The board shall, pursuant to the advice and recommendations of the advisory council and following the procedures set forth in Section 74-1-9 NMSA 1978:
A. adopt and promulgate such rules, regulations and licensure standards as may be necessary to effectuate the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act and to maintain high standards of practice as verified by credentialing organizations for medical imaging and radiation therapy; and
B. adopt rules and regulations establishing continuing education requirements as a condition of licensure renewal for the purpose of protecting the health and well-being of the citizens of New Mexico and promoting current knowledge and practice as verified by credentialing organizations for medical imaging and radiation therapy.
History:
Laws 1983, ch. 317, § 5; 2009, ch. 106, § 5.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, changed "certification" to "licensure"; changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; and added "as verified by credentialing organizations for medical imaging and radiation therapy"; and in Subsection B, changed "certification" to "licensure"; and at the end of the sentence, deleted "regarding radiologic technology" and added the remainder of the sentence.
Promulgation of rules and regulations by board.
— The environmental improvement board is authorized to promulgate rules and regulations for radiation protection without the radiation technical advisory council approving the terms of such rules and regulations, if the board promulgates regulations pursuant to the Medical Radiation Health and Safety Act (now Medical Imaging and Radiation Therapy Health and Safety Act), Sections 61-14E-1 to 61-14E-12 NMSA 1978; but the board may not do so without the council's approval if the regulations are promulgated pursuant to the Radiation Protection Act (Section 74-3-1 NMSA 1978 et seq.). 1988 Op. Att'y Gen. No. 88-39.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-6 - Division; powers; duties.

The division, pursuant to the rules and regulations promulgated by the board, shall:
A. maintain and enforce licensure standards for magnetic resonance, radiography, radiation therapy technology, nuclear medicine technology, diagnostic medical sonography and radiology and licensure standards for restricted diagnostic radiography;
B. refer to national educational accreditation standards for educational programs and, pursuant to those standards, establish criteria for education programs of magnetic resonance, radiography, radiation therapy technology, nuclear medicine technology and diagnostic medical sonography;
C. provide for surveys of educational programs preparing persons for certification under the Medical Imaging and Radiation Therapy Health and Safety Act;
D. grant, deny or withdraw approval from educational programs for failure to meet prescribed standards, provided that a majority of the board concurs in any decision;
E. establish procedures for examination, certification and renewal of certificates of applicants; and
F. establish scope of practice and ethics rules.
History:
Laws 1983, ch. 317, § 6; 2009, ch. 106, § 6.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, changed "certification" to "licensure"; added "magnetic resonance" and deleted "technology and certificates of limited practice", and added the remainder of the sentence; deleted former Subsection B, which provided for educational programs and added a new Subsection B; in Subsection C, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; and added Subsection F.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-7.1 - Emergency provision.

A person having a valid certificate of limited practice may authorize diagnostic radiography procedures outside the normal scope of a limited radiographic practitioner if the person issued the certificate of limited practice is employed in an area having a federal designation as a medically underserved area and the person issued the certificate of limited practice is confronted with an emergency situation, where, by order of a licensed practitioner, a certified nurse practitioner or a registered physician assistant, the additional diagnostic radiography procedure is medically necessary for the immediate safety or health of the patient.
History:
Laws 1994, ch. 82, § 2.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-8 - Temporary certification.

The department may issue a temporary certificate to practice as a radiologic technologist to a person who satisfactorily completes an approved program in radiologic technology, provided that the temporary certificate:
A. is applied for within one year of graduation;
B. is valid only for a period not to exceed one year;
C. is only issued to a person once; and
D. is contingent upon successful completion of an examination required by the board and expires upon failure to pass the examination.
History:
1978 Comp., § 61-14E-8, enacted by Laws 1991, ch. 14, § 3; 1993, ch. 140, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1991, ch. 14, § 3 repealed former 61-14E-8 NMSA 1978, as enacted by Laws 1983, ch. 317, § 8, relating to temporary certification, and enacted the above section, effective June 14, 1991.
The 1993 amendment,
effective June 18, 1993, substituted "department" for "division" near the beginning of the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-9 - Fees for licensure.

After the promulgation of rules and regulations, except as provided in Section 61-1-34 NMSA 1978, the department shall charge and collect the following fees:
A. an application fee not to exceed ten dollars ($10.00);
B. an examination fee not to exceed one hundred fifty dollars ($150) to cover the costs the department incurs in administering the initial examination required for limited certification;
C. a biennial licensure fee not to exceed one hundred dollars ($100);
D. a temporary licensure fee not to exceed fifty dollars ($50.00) to cover a period no longer than twelve months when new graduates of an approved program are in the process of taking required licensure examinations; and
E. miscellaneous fees, such as for requests for duplicate or replacement licenses, legal name change and written verification, not to exceed twenty-five dollars ($25.00).
History:
Laws 1983, ch. 317, § 9; 1993, ch. 140, § 5; 2009, ch. 106, § 8; 2020, ch. 6, 43.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, after "regulations", added "except as provided in Section 61-1-34 NMSA 1978".
The 2009 amendment,
effective June 19, 2009, in Subsection A, deleted "initial" before "application"; in Subsection B, deleted the former provision which provided for a fee not to exceed $50 for a full certification and $25 for a certificate of limited practice, and added the remainder of the sentence after "exceed"; deleted former Subsection C which provided for a full certificate renewal fee not to exceed $100; deleted former Subsection D which provided for a certificate of limited practice renewal fee of not to exceed $60; and deleted language which provided for the renewal of certificates due to lapse for failure to renew; and added Subsections C through E.
The 1993 amendment,
effective June 18, 1993, substituted "department" for "division" in the introductory language of the first paragraph, in Subsection D, and in two places in the first sentence of the second paragraph.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-10 - Fund established; disposition; method of payment.

A. There is created in the state treasury the "radiologic technology fund".
B. All fees received by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the radiologic technology fund.
C. Payments out of the radiologic technology fund shall be on vouchers issued and signed by the person designated by the department upon warrants drawn by the department of finance and administration and shall be used by the department for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Medical Imaging and Radiation Therapy Health and Safety Act, the duties imposed by that act and the promotion of education and standards for medical imaging technology and radiation therapy in this state. All money unexpended or unencumbered at the end of the fiscal year shall remain in the radiologic technology fund for use in accordance with the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act.
History:
Laws 1983, ch. 317, § 10; 1989, ch. 324, § 32; 1993, ch. 140, § 6; 2009, ch. 106, § 9.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act", and in Subsection C, changed "radiologic technology" to "medical imaging technology and radiation therapy".
The 1993 amendment,
effective June 18, 1993, substituted "department" for "division" in the first sentence of Subsection B and in two places in the first sentence of Subsection C.
The 1989 amendment,
effective April 7, 1989, deleted the former last sentence of Subsection C, which read "Any income earned on investment of the fund shall be credited to the fund for use as provided in that act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-11 - Suspension; revocation; application of Uniform Licensing Act.

The board, pursuant to the advice and recommendation of the advisory council, may deny, revoke or suspend any license held or applied for under the Medical Imaging and Radiation Therapy Health and Safety Act, pursuant to the procedures established in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], upon grounds that the medical imaging professional, radiation therapist or the applicant:
A. is guilty of fraud or deceit in procuring or attempting to procure a license or certificate of limited practice;
B. is convicted of a felony subsequent to certification;
C. is unfit or incompetent;
D. is habitually intemperate or is addicted to the use of habit-forming drugs;
E. is mentally incompetent;
F. has aided and abetted a person who does not possess a license pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act or otherwise authorized by that act in engaging in the activities of a license holder;
G. has engaged in any practice beyond the scope of authorized activities of an individual licensed or a certificate of limited practice holder pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act;
H. is guilty of unprofessional conduct or unethical conduct as defined by rules promulgated by the board;
I. has interpreted a diagnostic imaging procedure for a patient, the patient's family or the public; or
J. has willfully or repeatedly violated any provisions of the Medical Imaging and Radiation Therapy Health and Safety Act.
History:
Laws 1983, ch. 317, § 11; 2009, ch. 106, § 10.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; after "suspend any", changed "certificate" to "license"; and after "grounds that the", deleted "radiologic technologist" and added "medical imaging professional or radiation therapist"; in Subsection A, after "procure a", changed "full certificate" to "license"; in Subsection F, after "person", deleted "is not certified" and added "does not possess a license" and after "activities of a", changed "certificate" to "license"; and in Subsection G, after "activities of a", changed "a full certificate or" to "an individual licensed or a".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-12 - Violations; penalties.

It is a misdemeanor for any person, firm, association or corporation to:
A. knowingly or willfully employ as a medical imaging professional or radiation therapist any person who is required to but does not possess a valid license or certificate of limited practice to engage in the practice of medical imaging or radiation therapy;
B. sell, fraudulently obtain or furnish any medical imaging technology or radiation therapy license or certificate of limited practice or to aid or abet therein;
C. practice medical imaging or radiation therapy as defined by the Medical Imaging and Radiation Therapy Health and Safety Act unless exempted or licensed to do so under the provisions of that act; or
D. otherwise violate any provisions of the Medical Imaging and Radiation Therapy Health and Safety Act.
The department shall assist the proper legal authorities in the prosecution of all persons violating the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act. In prosecutions under that act, it shall not be necessary to prove a general course of conduct. Proof of a single act, a single holding out or a single attempt shall constitute a violation, and, upon conviction, such person shall be sentenced to be imprisoned in the county jail for a definite term not to exceed one year or to the payment of a fine of not more than one thousand dollars ($1,000) or both. The department shall notify within thirty days of a final disciplinary action any credentialing organization through which the person is credentialed or certified.
History:
Laws 1983, ch. 317, § 12; 1993, ch. 140, § 7; 2009, ch. 106, § 11.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; in Subsection A, after "employ as a", deleted "radiologic technologist" and added "medical imaging professional or radiation therapist"; after "valid", changed "certificate" to "license" and after "practice of", deleted "radiologic technology" and added "medical imaging or radiation therapist"; in Subsection B, after "furnish any", deleted "radiologic technology" and added "medical imaging or radiation therapist" and after "certificate or", changed "certificate" to "license"; and in Subsection C, after "practice", deleted "radiologic technology" and added "medical imaging or radiation therapist"; after "exempted or", changed "duly certified" to "license"; and added the last sentence.
The 1993 amendment,
effective June 18, 1993, substituted "department" for "division" in the first sentence of the second paragraph.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-1 - Short title.

This act [61-14F-1 to 61-14F-19 NMSA 1978] may be cited as the "Uniform Athlete Agents Act".
History:
Laws 2009, ch. 169, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-3 - Service of process; subpoenas.

A. By acting as an athlete agent in this state, a nonresident individual appoints the secretary as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
B. The secretary may issue subpoenas for any material that is relevant to the administration of the Uniform Athlete Agents Act.
History:
Laws 2009, ch. 169, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-4 - Athlete agents; registration required; void contracts.

A. Except as otherwise provided in Subsection B of this section, an individual shall not act as an athlete agent in this state without holding a certificate of registration pursuant to Section 6 [61-14F-6 NMSA 1978] or 8 [61-14F-8 NMSA 1978] of the Uniform Athlete Agents Act.
B. Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
C. An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
History:
Laws 2009, ch. 169, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-7 - Suspension, revocation or refusal to renew registration.

A. The secretary may suspend, revoke or refuse to renew a certificate of registration for conduct that would have justified denial of registration pursuant to Subsection B of Section 6 [61-14F-6 NMSA 1978] of the Uniform Athlete Agents Act.
B. The secretary may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.
History:
Laws 2009, ch. 169, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-8 - Temporary registration.

The secretary may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
History:
Laws 2009, ch. 169, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-9 - Registration and renewal fees.

Except as provided in Section 61-1-34 NMSA 1978, an application for registration or renewal of registration shall be accompanied by a fee in the following amount:
A. two hundred fifty dollars ($250) for an initial application for registration;
B. two hundred dollars ($200) for an application for registration based upon a certificate of registration or licensure issued by another state;
C. two hundred fifty dollars ($250) for an application for renewal of registration; or
D. two hundred dollars ($200) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
History:
Laws 2009, ch. 169, § 9; 2021, ch. 92, § 11.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, provided for the waiver of registration or renewal of registration fees for military service members and veterans; and added "Except as provided in Section 61-1-34 NMSA 1978".
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-10 - Required form of contract.

A. An agency contract shall be in a record, signed or otherwise authenticated by the parties.
B. An agency contract shall state or contain:
(1) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
(3) a description of any expenses that the student athlete agrees to reimburse;
(4) a description of the services to be provided to the student athlete;
(5) the duration of the contract; and
(6) the date of execution.
C. An agency contract shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
"WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.".
D. An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
E. The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
History:
Laws 2009, ch. 169, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-11 - Notice to educational institution.

A. Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
B. Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that the student athlete has entered into an agency contract.
History:
Laws 2009, ch. 169, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-12 - Student athlete's right to cancel.

A. A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.
B. A student athlete shall not waive the right to cancel an agency contract.
C. If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
History:
Laws 2009, ch. 169, § 12.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-13 - Required records.

A. An athlete agent shall retain the following records for a period of five years:
(1) the name and address of each individual represented by the athlete agent;
(2) any agency contract entered into by the athlete agent; and
(3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
B. Records required pursuant to Subsection A of this section to be retained are open to inspection by the secretary during normal business hours.
History:
Laws 2009, ch. 169, § 13.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-14 - Prohibited conduct.

A. An athlete agent, with the intent to induce a student athlete to enter into an agency contract, shall not:
(1) give any materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3) furnish anything of value to any individual other than the student athlete or another registered athlete agent.
B. An athlete agent shall not intentionally:
(1) initiate contact with a student athlete unless registered pursuant to the Uniform Athlete Agents Act;
(2) refuse or fail to retain or permit inspection of the records required to be retained pursuant to Section 13 [61-14F-13 NMSA 1978] of the Uniform Athlete Agents Act;
(3) fail to register when required pursuant to Section 4 [61-14F-4 NMSA 1978] of the Uniform Athlete Agents Act;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
History:
Laws 2009, ch. 169, § 14.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-15 - Criminal penalties.

An athlete agent who violates the provisions of Section 14 [61-14F-14 NMSA 1978] of the Uniform Athlete Agents Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2009, ch. 169, § 15.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-16 - Civil remedies.

A. An educational institution has a right of action against an athlete agent for damages caused by a violation of the provisions of the Uniform Athlete Agents Act. In an action pursuant to this section, the court may award to the prevailing party costs and reasonable attorney fees.
B. Damages of an educational institution pursuant to Subsection A of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution was injured by a violation of the Uniform Athlete Agents Act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
C. A right of action pursuant to this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
D. The Uniform Athlete Agents Act does not restrict rights, remedies or defenses of any person under law or equity.
History:
Laws 2009, ch. 169, § 16.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-17 - Administrative penalty.

The secretary may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars ($25,000) for a violation of the Uniform Athlete Agents Act.
History:
Laws 2009, ch. 169, § 17.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-18 - Uniformity of application and construction.

In applying and construing the Uniform Athlete Agents Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2009, ch. 169, § 18.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14F - Uniform Athlete Agents › Section 61-14F-19 - Federal Electronic Signatures in Global and National Commerce Act.

The provisions of the Uniform Athlete Agents Act governing the legal effect, validity or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act and supersede, modify and limit the federal Electronic Signatures in Global and National Commerce Act.
History:
Laws 2009, ch. 169, § 19.
ANNOTATIONS
Cross references.
— For the federal Electronic Signatures in Global and National Commerce Act, see 15 U.S.C. § 7001.
Effective dates.
— Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 15 - Architects › Section 61-15-1 - Purposes of the act. (Repealed effective July 1, 2030.)

In order to safeguard life, health and property and to promote public welfare, any person practicing architecture in this state shall be required to submit evidence that he is qualified to practice and shall be registered as provided in the Architectural Act [61-15-1.1 NMSA 1978]. It shall be unlawful for any person to practice architecture in this state unless that person is duly registered or exempt under the provisions of the Architectural Act.
History:
Laws 1931, ch. 155, § 1; 1939, ch. 82, § 1; 1941 Comp., § 51-1401; 1953 Comp., § 67-12-1; 1987, ch. 282, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-15-13 NMSA 1978.
Cross references.
— For engineering practice, see 61-23-1 NMSA 1978 et seq.
The 1987 amendment,
effective June 19, 1987, deleted the Subsection A designation at the beginning, substituted "in the Architectural Act" for "and from six months after the passage of this act" at the end of the first sentence, and in the second sentence inserted "or exempt" following "is duly registered" and substituted "the Architectural Act" for "this act except as hereinafter provided" at the end.
Registration not required for licensed engineers.
— Professional engineers licensed under 67-21-1 to 67-21-25, 1953 Comp. (now repealed) (now Section 61-23-1 NMSA 1978 et seq.), need not secure registration under this act. They are authorized to draw plans and construct buildings and to do many acts similar to those of registered architects. The two laws are similar, but need not be read together, since they are each for the purpose of regulating separate and distinct professions in which the actual practice calls for doing similar acts. 1939 Op. Att'y Gen. No. 39-3205 (rendered prior to enactment of Engineering and Land Surveying Practice Act).
Registration and residence prerequisites to county employment.
— A county may not employ an architect who is not a resident of New Mexico and who has not obtained state registration. 1947 Op. Att'y Gen. No. 47-5072.
Law reviews.
— For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Architects § 1 et seq.
Failure of architect to procure license as affecting validity or enforceability of contracts, 30 A.L.R. 851, 42 A.L.R. 1226, 118 A.L.R. 646.
Architect's or engineer's compensation as affected by inability to carry out plan or specifications at amount satisfactory to employer, 127 A.L.R. 410.
Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.
What amounts to architectural or engineering services within license requirements, 82 A.L.R.2d 1013.
Architect's liability for personal injury or death allegedly caused by improper or defective plans or design, 97 A.L.R.3d 455.
6 C.J.S. Architects § 4.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 15 - Architects › Section 61-15-1.1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 15 NMSA 1978 may be cited as the "Architectural Act".
History:
1978 Comp., § 61-15-1.1, enacted by Laws 1979, ch. 362, § 1; 1987, ch. 282, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-15-13 NMSA 1978.
The 1987 amendment,
effective June 19, 1987, substituted "Chapter 61, Article 15 NMSA 1978" for "Sections 61-15-1 through 61-15-12 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 15 - Architects › Section 61-15-4.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 282, § 15 repeals 61-15-4.1 NMSA 1978, as enacted by Laws 1983, ch. 63, § 1 relating to development, adoption and enforcement of rules governing the practice of architecture on public projects, effective June 19, 1987. For former provisions see the 1986 Cumulative Supplement.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 15 - Architects › Section 61-15-11 - Criminal offender's character evaluation. (Repealed effective July 1, 2030.)

The provisions of the Criminal Offender Employment Act [28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Architectural Act [61-15-1.1 NMSA 1978].
History:
1953 Comp., § 67-12-10, enacted by Laws 1974, ch. 78, § 20; 1987, ch. 282, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-15-13 NMSA 1978.
The 1987 amendment,
effective June 19, 1987, substituted "the Architectural Act" for "Sections 67-12-1 through 67-12-10 NMSA 1953".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 15 - Architects › Section 61-15-13 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2030.)

The board of examiners for architects is terminated on July 1, 2029 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of the Architectural Act until July 1, 2030. Effective July 1, 2030, the Architectural Act is repealed.
History:
Laws 1979, ch. 362, § 10; 1981, ch. 241, § 28; 1983, ch. 63, § 3; 1987, ch. 282, § 14; 1987, ch. 333, § 8; 1993, ch. 83, § 4; 1999, ch. 263, § 10; 2005, ch. 208, § 14; 2011, ch. 30, § 4; 2017, ch. 52, § 6; 2017, ch. 107, § 8; 2023, ch. 15, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "July 1, 2023" to "July 1, 2029" and changed "July 1, 2024" to "July 1, 2030".
The 2017 amendment,
effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024" in two places.
The 2011 amendment,
effective June 17, 2011, changed the termination, operation and repeal dates.
The 2005 amendment,
effective June 17, 2005, changes the termination, operation and repeal dates.
The 1999 amendment,
effective June 18, 1999, twice substituted "the Architectural Act" for "Chapter 61, Article 15 NMSA 1978", substituted "July 1, 2005" for "July 1, 1999" and inserted "provisions of the" in the first sentence, substituted "July 1, 2006" for "July 1, 2000" in the second sentence, and substituted "July 1, 2006" for "July 1, 2000" in the last sentence.
The 1993 amendment,
effective June 18, 1993, substituted "July 1, 1999" for "July 1, 1993" in the first sentence and "July 1, 2000" for "July 1, 1994" in the last two sentences; and made a minor stylistic change.
The 1987 amendment,
effective June 19, 1987, substituted "1993" for "1987" in the first sentence and "1994" for "1988" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 16 - Auctions › Section 61-16-1 - Auctioneers; puffing; fees.

It is unlawful for any person who sells at public auction any personal property belonging to another:
A. to bid on any article placed by him at auction; or
B. employ or in any way allow puffers to bid for him at an auction.
History:
Laws 1889, ch. 95, § 1; C.L. 1897, § 1290; Code 1915, § 377; C.S. 1929, § 10-101; 1941 Comp., § 51-1501; 1953 Comp., § 67-13-1; 2005, ch. 77, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, removes the limitation on the amount of the fee that an auctioneer may not receive from the owner of the goods auctioned.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Auctions and Auctioneers §§ 29, 30, 71 to 75.
Effect on auction sale of by-bidding or puffing, 46 A.L.R. 122.
Withdrawal of property from auction sale, 37 A.L.R.2d 1049.
Auctioneer's action for commissions against seller, 38 A.L.R.4th 170.
Auction sales under UCC § 2-328, 44 A.L.R.4th 110.
Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.
7A C.J.S. Auctions and Auctioneers §§ 3, 15, 22.