reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-7 - Disciplinary actions.

If the department determines that a complementary and alternative health care practitioner practicing pursuant to the Unlicensed Health Care Practice Act may have violated a provision of that act, it may take one or more of the following actions pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] against the complementary and alternative health care practitioner if that practitioner is found to have violated a provision of the Unlicensed Health Care Practice Act:
A. provide written notice to the complementary and alternative health care practitioner requesting the practitioner to correct the activity that is a violation of the Unlicensed Health Care Practice Act; this action shall be the first option if the offense is a violation of the disclosure requirements of the Unlicensed Health Care Practice Act;
B. issue a cease and desist order against the complementary and alternative health care practitioner pertaining to the provision of complementary and alternative health care services that are not in compliance with the provisions of the Unlicensed Health Care Practitioner [Practice] Act; or
C. impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation.
History:
Laws 2009, ch. 141, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 35 - Unlicensed Health Care Practice › Section 61-35-8 - Duties of the superintendent.

The superintendent of regulation and licensing is expressly authorized to promulgate rules as necessary to implement the provisions of the Unlicensed Health Care Practice Act.
History:
Laws 2009, ch. 141, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.
Severability.
— Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-1 - Recompiled.

History:
Laws 2017, ch. 136, § 1; 1978 Comp., § 61-36-1, recompiled and amended as § 61-3B-1 by Laws 2022, ch. 39, § 20.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 20 recompiled and amended former 61-36-1 NMSA 1978 as 61-3B-1 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-2 - Recompiled.

History:
Laws 2017, ch. 136, § 2; 1978 Comp., § 61-36-2, recompiled as § 61-3B-2 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-2 NMSA 1978 as 61-3B-2 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-3 - Recompiled.

History:
Laws 2017, ch. 136, § 3; 1978 Comp., § 61-36-3, recompiled and amended as § 61-3B-3 by Laws 2022, ch. 39, § 21.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 21 recompiled and amended former 61-36-3 NMSA 1978 as 61-3B-3 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-4 - Recompiled.

History:
Laws 2017, ch. 136, § 4; 1978 Comp., § 61-36-4, recompiled as § 61-3B-4 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-4 NMSA 1978 as 61-3B-4 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-5 - Recompiled.

History:
Laws 2017, ch. 136, § 5; 2020, ch. 6, § 61; 1978 Comp., § 61-36-5, recompiled as § 61-3B-5 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-5 NMSA 1978 as 61-3B-5 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 36 - Lactation Consultant Practice › Section 61-36-6 - Recompiled.

History:
Laws 2017, ch. 136, § 6;1978 Comp., § 61-36-6, recompiled and amended as § 61-3B-6 by Laws 2022, ch. 39, § 22.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 22 recompiled and amended former 61-36-6 NMSA 1978 as 61-3B-6 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-1 - Short title.

This act [61-37-1 to 61-37-25 NMSA 1978] may be cited as the "Tobacco Products Act".
History:
Laws 2020, ch. 46, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 1 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-3 - Prohibited sales; manufacturing; labeling; marketing; safety requirements.

A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor.
B. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed package, except for individually sold cigars or loose leaf pipe tobacco.
C. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, "nicotine liquid" does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
D. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.
History:
Laws 2020, ch. 46, § 3.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 3 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-4 - Division; license issuance; manufacture, distribution or sale of tobacco products.

A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act.
B. The division shall issue or renew a license for the:
(1) manufacture of tobacco products for a term of one year;
(2) distribution of tobacco products for a term of one year; and
(3) retail sale of tobacco products for a term of one year.
C. A license shall not be issued, retained, transferred or renewed pursuant to the Tobacco Products Act if any of the following conditions apply:
(1) the applicant has had a manufacturer, distributor or retailer license revoked by the division or by another state;
(2) the applicant is not in compliance with Subsection G of Section 7-12-9.1 NMSA 1978;
(3) the location for the license or license transfer is within three hundred feet of a school; provided that this restriction does not apply to a location at which tobacco products have been lawfully manufactured, distributed or sold prior to July 1, 2020; or
(4) the location for the license would result in a violation of a zoning or other ordinance of a governing body in which the proposed location would exist.
History:
Laws 2020, ch. 46, § 4.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 4 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-5 - Manufacturer license requirements; application and renewal requirements; fees.

A. A person shall not manufacture tobacco products at any location in the state without first obtaining a manufacturer license issued by the division to that person for that location.
B. An application for a manufacturer license or manufacturer license renewal shall be submitted on a form prescribed by the division and shall include:
(1) the name, telephone number, mailing address and email address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or
(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;
(2) the address of the applicant's principal place of business and every location where the applicant manufactures tobacco products;
(3) documentation as required by the division affirming that the applicant will comply with applicable and proper tobacco products manufacturing practices as required pursuant to 21 USCA Section 387d(a) and will comply with any applicable health directives issued by the department of health pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978];
(4) documentation as required by the division affirming that the applicant will submit the applicable ingredient listing to the federal secretary of health and human services as required pursuant to 21 USCA Section 387d(a)(1); and
(5) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.
History:
Laws 2020, ch. 46, § 5.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 5 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-6 - Distributor license requirements; application and renewal requirements; fees.

A. A person shall not distribute tobacco products from any location in the state without first obtaining a distributor license issued by the division to that person for that location.
B. An application for a distributor license or distributor license renewal shall be submitted on a form prescribed by the division and shall include:
(1) the name, telephone number, mailing address and email address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or
(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;
(2) the address of the applicant's principal place of business and every location from which the applicant distributes tobacco products; and
(3) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.
History:
Laws 2020, ch. 46, § 6.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 6 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-7 - Retailer license requirements; application and renewal requirements; fees.

A. A person shall not sell tobacco products at any location in the state without first obtaining a retailer license issued by the division to that person or that person's employer for that location.
B. An application for a retailer license or for a retailer license renewal shall be submitted on a form prescribed by the division and shall include:
(1) the name, telephone number, mailing address and email address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or
(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;
(2) the address of the applicant's principal place of business and every location where the applicant sells tobacco products; and
(3) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.
History:
Laws 2020, ch. 46, § 7.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 7 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-8 - License application information changes.

If the information submitted in an application pursuant to the Tobacco Products Act for a license or for a license renewal changes, the licensee shall notify the division within ten business days of the change. If a change in the information required for an application results in a violation of the Tobacco Products Act, the director may impose an administrative penalty as provided in that act.
History:
Laws 2020, ch. 46, § 8.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 8 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-9 - Issuance of licenses; reasons for denial.

A. Beginning January 1, 2021, the division shall begin issuing licenses.
B. The division shall grant or deny an application for a license or for a license renewal made pursuant to the Tobacco Products Act after the complete application is submitted to the division. The division shall approve the application for issuance of a license or for a license renewal if the division determines that the applicant meets the requirements of the Tobacco Products Act and the rules promulgated pursuant to that act.
C. If a complete application for a license or for a license renewal is denied, the division shall state the reasons for the denial. The applicant may reapply within thirty days after the date of the denial. The division shall not charge a fee for a reapplication made within that period.
History:
Laws 2020, ch. 46, § 9.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 9 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-10 - License transfer; notice of changes.

A. A license issued pursuant to the Tobacco Products Act shall not be transferred from the licensee to another person.
B. The transfer of a license from one location to another may be approved by the division, provided that the licensee shall submit an application for license location transfer to the division for review. The division shall allow the transfer unless any of the conditions provided in Sections 4 [61-37-4 NMSA 1978] and 9 [61-37-9 NMSA 1978] of the Tobacco Products Act apply.
History:
Laws 2020, ch. 46, § 10.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 10 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-11 - Tobacco products administration fund; created; purpose.

The "tobacco products administration fund" is created as a nonreverting fund in the state treasury. The fund consists of fees and administrative penalties collected by the division pursuant to the Tobacco Products Act, appropriations by the legislature, gifts, grants and donations. Money in the fund at the end of a fiscal year shall not revert to any other fund. The division shall administer the fund, and money in the fund is subject to appropriation by the legislature to the division for the administration of the Tobacco Products Act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing or the superintendent's authorized representative.
History:
Laws 2020, ch. 46, § 11.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 11 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-12 - Fees retained by the division.

All fees collected by the division pursuant to the Tobacco Products Act shall be deposited into the tobacco products administration fund.
History:
Laws 2020, ch. 46, § 12; 2022, ch. 39, § 103.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, removed "administrative penalties" from the scope of the section; in the section heading, deleted "and administrative penalties"; and after "All fees", deleted "and administrative penalties".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-13 - Hearing procedure.

If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensee is located. Hearings shall be open to the public. Subpoenas shall be issued and enforced in accordance with the provisions of Section 23 [61-37-23 NMSA 1978] of the Tobacco Products Act.
History:
Laws 2020, ch. 46, § 13.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 13 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-14 - Documentary evidence of age and identity.

A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products.
B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure tobacco products in person shall be shown by a valid document that contains a picture of that person and is issued by a federal, state, county, municipal, tribal or foreign government, including a motor vehicle driver's license or an identification card.
C. For each sale made through a delivery sales method, age verification shall be completed through an independent, third-party age verification service that establishes that a consumer is of legal age by comparing information available from public records to personal information entered by the consumer during the ordering process.
D. A retailer may ship tobacco products only to a consumer whose age has been verified pursuant to Subsection C of this section.
History:
Laws 2020, ch. 46, § 14.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 14 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-15 - Vending machines; restrictions on sales of tobacco products.

A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products.
B. Tobacco products may be sold by vending machines only in age-controlled locations where minors are not permitted.
C. The sales and display of cigars may be allowed only in age-controlled locations where minors are not permitted.
History:
Laws 2020, ch. 46, § 15.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 15 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-16 - Distribution of tobacco products as free samples prohibited.

A. A person shall not provide free samples of tobacco products without the express written approval of the director.
B. The provisions of Subsection A of this section shall not apply to an individual who provides free samples of tobacco products, e-cigarettes or nicotine liquid containers in connection with the practice of cultural or ceremonial activities in accordance with the federal American Indian Religious Freedom Act or its successor act.
History:
Laws 2020, ch. 46, § 16.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 16 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-17 - Signs; point of sale.

A retailer shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located a printed sign or decal that reads as follows:
"IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.".
History:
Laws 2020, ch. 46, § 17.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 17 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-18 - Criminal penalties; unlicensed activities.

A person who manufactures, distributes or sells tobacco products without a license required pursuant to the Tobacco Products Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Contraband tobacco products seized by the division or by a law enforcement agency as evidence of unlicensed activities shall be retained and disposed of pursuant to the Forfeiture Act [Chapter 31, Article 27 NMSA 1978]. The provisions of this section shall not apply to the sale of tobacco products between a minor and another minor.
History:
Laws 2020, ch. 46, § 18.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 18 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-19 - Manufacturers, distributors and retailers; violations; license suspension or revocation; administrative penalties.

The division may suspend or revoke a license of a licensee, require the use of identification verification software for a designated period of time or impose an administrative penalty against a licensee in an amount not to exceed ten thousand dollars ($10,000), or any combination thereof, if the division finds that the licensee, an employee of the licensee or a contractor acting on behalf of the licensee has violated a provision of the Tobacco Products Act; provided, however, that upon a fourth violation for the sale of a tobacco product to a minor occurring at the same location within three years of the first such violation, the retailer's license issued for that location shall be permanently revoked.
History:
Laws 2020, ch. 46, § 19.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 19 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-20 - Monitored compliance; inspections.

The alcoholic beverage control division of the regulation and licensing department, the department of public safety and the appropriate law enforcement authorities in each county and municipality may conduct random, unannounced inspections of facilities where tobacco products are sold, manufactured or distributed to ensure compliance with the provisions of the Tobacco Products Act.
History:
Laws 2020, ch. 46, § 20.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 20 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-21 - Authority of department of public safety.

A. The department of public safety has authority over all investigations and enforcement activities required under the Tobacco Products Act, except for those provisions relating to the issuance, denial, suspension or revocation and administrative sanctions of licenses unless its assistance is requested by the director.
B. Following the issuance of a citation pursuant to the provisions of the Tobacco Products Act, the department of public safety or the law enforcement agency of a municipality or county shall report alleged violations of that act to the division.
C. The director may request the investigators from the department of public safety to investigate licensees or activities that the director has reasonable cause to believe are in violation of the Tobacco Products Act.
History:
Laws 2020, ch. 46, § 21.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 21 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-22 - Authority of the division.

A. The division has the authority over all matters relating to the issuance, denial, suspension, revocation and other administrative penalties or transfer of licenses under the Tobacco Products Act. The director may request the department of public safety to provide investigatory and enforcement support as deemed necessary.
B. The director has rulemaking authority pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 2020, ch. 46, § 22.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 22 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-23 - Administrative authority and powers.

A. For the purpose of administering the licensing provisions of the Tobacco Products Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require that person to testify under oath concerning the subject matter of the inquiry and to make a permanent record of the proceedings.
B. The director, through the legal counsel for the division, is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date of service.
C. A subpoena issued by the division shall state with reasonable certainty the nature of the evidence required to be produced, the time and place of the hearing, the nature of the inquiry or investigation and the consequences of failure to obey the subpoena and shall bear the seal of the division and be attested to by the director.
D. After service of a subpoena upon a person, if a person neglects or refuses to appear or produce records or other evidence in response to the subpoena or neglects or refuses to give testimony, as required, the director may invoke the aid of the district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear and testify or produce the books or records and may, upon failure of the person to comply with the order, punish the person for contempt.
History:
Laws 2020, ch. 46, § 23.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 23 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-24 - Preemption.

When a municipality or county, including a home rule municipality or an urban county, adopts an ordinance, charter amendment or regulation pertaining to the sales of tobacco products, the ordinance, charter amendment or regulation shall be consistent with the provisions of the Tobacco Products Act.
History:
Laws 2020, ch. 46, § 24.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 24 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 37 - Tobacco Products › Section 61-37-25 - Applicability.

The provisions of the Tobacco Products Act do not apply to the lawful purchase or use by a minor of a tobacco-cessation product approved by the federal food and drug administration.
History:
Laws 2020, ch. 46, § 25.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 25 effective January 1, 2021.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-1 - Short title. (Effective July 1, 2025.)

This act [61-38-1 to 61-38-15 NMSA 1978] may be cited as the "Elevator Safety Act".
History:
Laws 2023, ch. 197, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 1 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-2 - Definitions. (Effective July 1, 2025.)

As used in the Elevator Safety Act:
A. "apprentice" means an individual who is learning a trade from a licensed employer and participates in a registered apprenticeship program;
B. "certificate of operation" means a document issued by the division that indicates the conveyance has passed the required safety inspection and tests and fees have been paid as set forth in the Elevator Safety Act;
C. "contractor" means a person that:
(1) is engaged in the trade of erecting, constructing, installing, altering, servicing, testing, repairing, maintaining, removing or dismantling conveyances contained within a building or structure;
(2) is properly licensed as a contractor by the division pursuant to the Elevator Safety Act; and
(3) employs mechanics and apprentices pursuant to the Elevator Safety Act;
D. "conveyance" means:
(1) a hoisting and lowering mechanism equipped with a car or platform that moves between two or more landings, including elevators, escalators, moving sidewalks, platform lifts or stairway chair lifts for carrying persons between landings; and
(2) a hoisting and lowering mechanism that is equipped with a car, that serves two or more landings and that is restricted to carrying materials by its limited size and limited access;
E. "director" means the director of the division;
F. "division" means the construction industries division of the regulation and licensing department;
G. "inspector" means a person certified by the division in the trade of elevator safety to conduct inspections and ensure that work performed by a contractor complies with applicable standards and codes and is employed by the division or a county, municipality or other political subdivision;
H. "mechanic" means an individual who:
(1) possesses a journeyman elevator mechanic's certificate pursuant to the provisions of the Elevator Safety Act; and
(2) is engaged in erecting, constructing, installing, altering, servicing, testing, repairing, maintaining, removing or dismantling conveyances covered by the Elevator Safety Act;
I. "standards" means national standards developed for the installation, use or maintenance of conveyances and adopted by division rule; and
J. "temporarily dormant" means a conveyance that is placed out of service as specified in the Elevator Safety Act.
History:
Laws 2023, ch. 197, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 2 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-3 - Exemptions. (Effective July 1, 2025.)

The following are exempted from the provisions of the Elevator Safety Act:
A. material hoists;
B. boom lifts;
C. mobile scaffolds, towers and platforms;
D. powered platforms and equipment for exterior and interior maintenance;
E. conveyors and related equipment;
F. cranes, derricks, hoists, hooks, jacks and slings;
G. industrial trucks;
H. portable equipment, except for portable escalators that are covered by the standards;
I. tiering or piling machines that are used to move materials to and from storage and that are located and operating entirely within one story;
J. equipment for feeding or positioning materials at machine tools, printing presses and similar equipment;
K. furnace hoists;
L. skips or hoists subject to the regulation of the United States department of labor's mine safety and health administration;
M. wharf ramps;
N. railroad car lifts or dumpers;
O. line jacks, false cars, shafters, moving platforms and similar equipment used for installing a conveyance by a contractor licensed in this state;
P. conveyances within a single family dwelling; and
Q. services provided by a person who is licensed as an architect or engineer in the state.
History:
Laws 2023, ch. 197, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 3 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-4 - Division powers; rules. (Effective July 1, 2025.)

The division shall:
A. enforce and administer the provisions of the Elevator Safety Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; and
B. adopt rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to enforce and administer the Elevator Safety Act.
History:
Laws 2023, ch. 197, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 4 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-5 - Elevator mechanics, contractors and inspectors; requirements. (Effective July 1, 2025.)

A. A person shall not erect, construct, install, service, test, repair, alter, maintain, remove or dismantle any conveyance contained within a building or structure unless the person is a contractor licensed by the division to perform such work. A contractor shall not allow a person to perform work in connection with the erection, construction, repair, alteration, installation, service, testing, maintaining, removing or dismantling of a conveyance contained within a building or structure unless that person is a mechanic or an apprentice working under the supervision of a mechanic.
B. A licensed contractor and a permit are required for removing or dismantling a conveyance that is destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and for safety reasons no access is permitted therein.
C. A person shall not inspect a conveyance within a building or structure unless the person is an inspector certified by the division pursuant to the Elevator Safety Act.
History:
Laws 2023, ch. 197, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 5 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-6 - Contractor licensing; mechanic's and inspector's certifications. (Effective July 1, 2025.)

A. A person wishing to engage in the trade of installing, altering, servicing, repairing, testing, erecting, maintaining, removing or dismantling a conveyance contained within a building or structure shall apply for the appropriate license with the division on forms established by the division.
B. A journeyman elevator mechanic shall:
(1) demonstrate a combination of documented experience and education credits and complete a written examination approved by the division on the most recent standards;
(2) provide a certificate of completion of and successful passing of the mechanic's examination of a nationally recognized training program for the elevator industry, such as the national elevator industry educational program or its equivalent as approved by the division;
(3) provide a certificate of completion of a United States department of labor-approved apprenticeship program for the elevator industry approved by the United States department of labor or the workforce solutions department; or
(4) hold a valid journeyman elevator mechanic's license or certification from another state having standards substantially equal to those of the Elevator Safety Act.
C. A journeyman elevator mechanic may receive a journeyman elevator mechanic certification without examination if the journeyman elevator mechanic furnishes the division, before January 1, 2026, with an acceptable combination of documented experience and education credits, including not less than four years of work experience in the elevator industry in construction, maintenance, service or repair, as verified by current and previous employers, and:
(1) the work was performed without direct and immediate supervision;
(2) the work was for a contractor; and
(3) three of the four years of the work were performed after July 1, 2022.
D. An inspector shall:
(1) possess a certification from a nationally recognized professional association for mechanical engineering as a qualified elevator inspector; and
(2) hold a valid journeyman elevator mechanic's certification as approved by the division.
History:
Laws 2023, ch. 197, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 6 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-7 - Issuance and renewal of licenses and certificates; fees; continuing education. (Effective July 1, 2025.)

A. The division may issue a license or certificate pursuant to the Elevator Safety Act that is valid for up to four years.
B. The renewal of a journeyman elevator mechanic's certificate shall consist of not less than eight hours of continuing education instruction.
C. The courses shall be taught through continuing education providers that are approved by the division and may include association seminars and labor training programs.
History:
Laws 2023, ch. 197, § 7.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 7 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-8 - Registration of existing conveyances. (Effective July 1, 2025.)

By January 1, 2026, the owner or lessee of every existing conveyance shall register with the division a conveyance owned and operated by the owner or lessee and provide the type of conveyance, its rated load and speed, the name of the manufacturer, its location, the purpose for which it is used and any additional information that the division requires. The division shall inspect the conveyance and issue, within ninety days, a certificate of operation or a written inspection report detailing all code violations. The owner or lessee of the conveyance shall have sixty days from the date of the inspection report to remedy any violations set forth in the inspection report. After January 1, 2026, all conveyances shall be registered at the time they are completed and issued a certificate of operation before being placed in service.
History:
Laws 2023, ch. 197, § 8.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 8 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-9 - Compliance with state fire prevention and building codes. (Effective July 1, 2025.)

A. A contractor licensed pursuant to the Elevator Safety Act shall ensure that installation or service and maintenance of conveyances are performed in compliance with all laws, ordinances and rules, including fire and building codes.
B. All electrical work performed pursuant to the Elevator Safety Act shall be performed pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978].
History:
Laws 2023, ch. 197, § 9.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 9 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-10 - Permits. (Effective July 1, 2025.)

A person shall not erect, construct, service, test, repair, maintain, install, alter, remove or dismantle a conveyance within a building or structure unless a permit has been obtained from the division before the work is commenced. The conveyance, and any alteration thereto, shall conform to all applicable standards. The division shall issue permits to contractors properly licensed pursuant to the Elevator Safety Act. A copy of the permit shall be kept at the construction site at all times while the work is in progress.
History:
Laws 2023, ch. 197, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 10 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-11 - Inspections; certificates of operation; registrations. (Effective July 1, 2025.)

A. A certified elevator mechanic shall perform all work required for inspections and the associated tests of a conveyance. A certified elevator inspector shall be physically present to witness the tests and verify the test results.
B. New conveyance installations shall be performed by a contractor properly licensed pursuant to the Elevator Safety Act. Prior to a conveyance being used, a property owner or lessee shall obtain an inspection and a report certifying that the conveyance has been installed in compliance with all applicable codes and standards. An inspector who is certified by the division pursuant to the Elevator Safety Act shall conduct the inspection and write the report. A property owner or lessee, prior to any new conveyance being used, shall obtain a certificate of operation from the division.
C. A certificate of operation shall be renewed annually. The owner or lessee of a new or existing conveyance located in a building or structure shall have the conveyance inspected annually by an inspector certified by the division pursuant to the Elevator Safety Act. Subsequent to inspection, the inspector shall supply a property owner or lessee and the division with a written inspection report detailing all code violations, if any. It shall be the responsibility of the division to enforce code compliance. Property owners or lessees shall have sixty days from the date of the published inspection report to remedy any violations set forth in the inspection report. The division shall not renew a certificate of operation without a receipt of a report from a certified inspector indicating that no code violations exist or that all code violations have been remedied.
D. The owner or lessee of a conveyance shall:
(1) ensure that the required tests are performed at intervals in compliance with standards and codes;
(2) have all tests performed by a properly certified mechanic; and
(3) have a properly certified inspector present to physically witness all testing.
E. If an inspector finds that a conveyance is in a dangerous condition, there is an immediate hazard to those riding or using the conveyance or the design or the method of operation in combination with the devices used is inherently dangerous, the division shall notify the owner or lessee of the condition, order alterations or additions that are necessary to eliminate the dangerous condition and direct that the conveyance may not be used until the dangerous condition has been remedied.
F. Any order for alterations or additions or direction that the conveyance not be used until the dangerous condition is remedied shall be considered a final decision of the division subject to appeal pursuant to Section 39-3-1.1 NMSA 1978.
History:
Laws 2023, ch. 197, § 11.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 11 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-12 - Temporarily dormant conveyances. (Effective July 1, 2025.)

A. A conveyance shall be put into temporarily dormant status by:
(1) disconnecting the conveyance from the power supply by removing the fuses;
(2) placing a padlock on the mainline disconnect switch that has been set to the off position; and
(3) having a certified inspector install a wire seal on the mainline disconnect switch.
B. A temporarily dormant conveyance shall not be used until it has been put in safe running order. Temporarily dormant status may be renewable on an annual basis and shall not exceed five years.
History:
Laws 2023, ch. 197, § 12.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 12 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-13 - Fees. (Effective July 1, 2025.)

A. The division shall establish, charge and collect:
(1) an initial license or renewal fee for a four-year contractor license, not to exceed one thousand dollars ($1,000);
(2) an inspection fee per inspection of an elevator, not to exceed three hundred dollars ($300); and
(3) an elevator permit fee per permit per elevator, not to exceed one thousand dollars ($1,000).
B. All money collected by the division under the Elevator Safety Act shall be deposited in the construction industries division publications revolving fund.
History:
Laws 2023, ch. 197, § 13.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 13 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-14 - Enforcement. (Effective July 1, 2025.)

The director or the director's designee may enforce by injunction in district court the laws relating to conveyances and rules adopted by the division.
History:
Laws 2023, ch. 197, § 14.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 14 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 38 - Elevator Safety › Section 61-38-15 - Apprenticeship training program. (Effective July 1, 2025.)

An apprenticeship training program for an elevator mechanic shall be registered with and approved by the United States department of labor or the workforce solutions department for providing education and skills training in the conveyance industry.
History:
Laws 2023, ch. 197, § 15.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 197, § 16 made Laws 2023, ch. 197, § 15 effective July 1, 2025.