2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-21 - Practice of engineering. (Repealed effective July 1, 2030.)

A. No business entity shall be licensed pursuant to the Engineering and Surveying Practice Act. No business entity shall practice or offer to practice engineering in the state except as provided in the Engineering and Surveying Practice Act.
B. Professional engineers may engage in the practice of engineering and perform engineering work pursuant to the Engineering and Surveying Practice Act as individuals or through a business entity. In the case of an individual, the individual shall be a professional engineer pursuant to the Engineering and Surveying Practice Act. All plans, designs, drawings, specifications or reports that are involved in such practice, or that are issued by or for the practice, shall bear the seal and signature of the professional engineer in responsible charge of and directly responsible for the work issued. In the case of practice through a business entity that is a partnership, at least one of the partners shall be a professional engineer pursuant to the Engineering and Surveying Practice Act, and all plans, designs, drawings, specifications or reports that are involved in such practice, or that are issued by or for the partnership, shall bear the seal and signature of the professional engineer in responsible charge of and directly responsible for such work when issued. In the case of practice through a business entity other than a partnership, services or work involving the practice of engineering may be offered through that business entity; provided that the person in responsible charge of the activities of the business entity that constitute engineering practice is a professional engineer who has authority to bind such business entity by contract; and further provided that all plans, designs, drawings, specifications or reports that are involved in engineering practice, or that are issued by or for such business entity, bear the seal and signature of a professional engineer in responsible charge of and directly responsible for the work when issued.
C. An individual or business entity may not use or assume a name involving the terms "engineer", "professional engineer", "engineering", "registered" or "licensed" engineer or any modification or derivative of such terms unless that individual or business entity is qualified to practice engineering in accordance with the requirements of the Engineering and Surveying Practice Act.
D. In the case of practice through a business entity offering or providing services or work involving the practice of engineering, an authorized company officer and the professional engineer who is employed by the business entity and in responsible charge shall place on file with the board a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional engineer or authorized company officer, the affidavit shall be promptly revised and resubmitted to the board.
History:
Laws 1987, ch. 336, § 21; 1993, ch. 218, § 16; 1999, ch. 259, § 15; 2017, ch. 42, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-21 NMSA 1978, as amended by Laws 1979, ch. 363, § 16, relating to registration and renewal fees and expirations, effective June 19, 1987, and enacted a new section.
The 2017 amendment,
effective July 1, 2017, provided additional rules for the practice of engineering through a business entity; replaced "firm, partnership, corporation or joint stock association" with "business entity" throughout the section; in Subsection B, after "Engineering and Surveying Practice Act as individuals", deleted "partners", after "specifications or reports that are involved in such practice," added "or that are", after "In the case of practice through", added "a business entity that is a", after "specifications or reports that are involved in such practice", added "or that are", after "In the case of practice through a", deleted "joint stock association or corporation", and added "business entity other than a partnership", after "specifications or reports that are involved in engineering practice", added "or that are"; in Subsection C, after "in accordance with the requirements", deleted "in this section" and added "of the Engineering and Surveying Practice Act"; and added Subsection D.
The 1999 amendment,
effective June 18, 1999, substituted "licensed pursuant to" for "registered under" in the first sentence of Subsection A, and made minor stylistic changes throughout the section.
The 1993 amendment,
effective July 1, 1993, rewrote the catchline; deleted "or surveying" following "engineering" in the second sentence of Subsection A; in Subsection B, substituted "engage in the practice of engineering and perform engineering work" for "practice" in the first sentence, inserted the second and third sentences, and rewrote the last sentence; deleted former Subsection C, pertaining to professional surveyors; redesignated former Subsection D as present Subsection C; in Subsection C, inserted "individual" in two places, substituted "'registered' or 'licensed' engineer" for "'surveyor', 'professional surveyor' or 'surveying'", and deleted "or surveying" following "practice engineering"; and made minor stylistic changes throughout the section.
Qualifying as expert witness.
— Even though a biomechanical engineer was not licensed as an engineer, the trial court did not abuse its discretion by qualifying him to testify as an expert witness regarding causation of temporomandibular joint injuries.
Baerwald v. Flores
, 1997-NMCA-002, 122 N.M. 679, 930 P.2d 816, cert. denied, 122 N.M. 589, 929 P.3d 981.