reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-11 - Exemptions. (Repealed effective July 1, 2028.)

A. The following persons are exempt from licensure as physical therapists under the Physical Therapy Act:
(1) a person who is pursuing a course of study leading to a degree as a physical therapist in an entry-level education program approved by the board and is satisfying supervised clinical education requirements related to his physical therapy education; and
(2) a physical therapist practicing in the United States armed services, United States public health service or veterans administration as based on requirements under federal regulations for state licensure of health care providers.
B. Nothing in the Physical Therapy Act shall be construed as restricting persons licensed under any other law of this state from engaging in the profession or practice for which they are licensed.
History:
Laws 1997, ch. 89, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-12 - Supervision. (Repealed effective July 1, 2028.)

A. A physical therapist is responsible for patient care given by assistive personnel under his supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks or procedures that fall within the scope of physical therapy practice but do not exceed the assistive personnel's education or training.
B. A physical therapist assistant shall function under the supervision of a physical therapist as prescribed by rules of the board.
C. Physical therapy aides and other assistive personnel shall perform patient care activities under on-site supervision of a physical therapist. "On-site supervision" means the supervising physical therapist shall:
(1) be continuously on-site and present in the department or facility where the assistive personnel are performing services;
(2) be immediately available to assist the person being supervised in the services being performed; and
(3) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.
History:
Laws 1997, ch. 89, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
"Supervision".
— Term "immediate personal supervision," as used in this section, calls for close, direct supervision by a licensed practitioner of the healing arts. 1957 Op. Att'y Gen. No. 57-316 (rendered under prior law).
Holding self out as physical therapist.
— Even without an appropriate title or set of initials, an individual could still be publicly professing to be a physical therapist. 1957 Op. Att'y Gen. No. 57-316.
Masseur.
— Masseur who merely massaged other persons without professing to do so to relieve disease or pain did not come within the provisions of former licensing act, but when he held himself as being able to heal or cure diseases, he was subject to prosecution. 1941 Op. Att'y Gen. No. 41-3956; 1950 Op. Att'y Gen. No. 50-5275.
Violation of act.
— While unlicensed individual might not be guilty of unprofessional conduct since he works for physicians on a prescription basis, his want of a license plus lack of knowledge of his activities by the orthopedic surgeon under whose control he ostensibly works, and lack of close, direct and personal supervision of such activities by any licensed practitioner, clearly indicates a lack of compliance with this act. 1957 Op. Att'y Gen. No. 57-316.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-15 - Disciplinary actions; penalties. (Repealed effective July 1, 2028.)

A. The board, upon satisfactory proof that any ground enumerated in Section 13 [61-12D-13 NMSA 1978] of the Physical Therapy Act has been violated, may take the following disciplinary action singly or in combination:
(1) issue a letter of censure or reprimand;
(2) issue a restricted license, including requiring the licensee to report regularly to the board on matters related to the grounds for the restricted license;
(3) suspend a license for a period determined by the board;
(4) revoke a license;
(5) refuse to issue or renew a license;
(6) impose fines in accordance with the Physical Therapy Act; and
(7) accept a voluntary surrendering of a license.
B. Disciplinary actions of the board shall be taken in accordance with the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978].
C. The board may institute any legal proceedings necessary to effect compliance with the Physical Therapy Act, including:
(1) receiving and investigating complaints filed against licensees;
(2) conducting an investigation at any time and on its own initiative without receipt of a written complaint if the board has reason to believe that there may be a violation of the Physical Therapy Act;
(3) issuing subpoenas and compelling the attendance of witnesses or the production of documents relative to the case; and
(4) appointing hearing officers. Hearing officers shall prepare and submit to the board findings of fact, conclusions of law and an order that shall be reviewed and voted upon by the board.
History:
Laws 1997, ch. 89, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-16 - Unlawful practice; criminal and civil penalties; injunctive relief. (Repealed effective July 1, 2028.)

A. A person who engages in an activity requiring a license pursuant to the provisions of the Physical Therapy Act and who fails to obtain the required license; who violates any provision of the Physical Therapy Act; or who uses any word, title or representation to induce the false belief that the person is licensed to engage in the practice of physical therapy is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment of not more than one year, or both.
B. The board may apply for injunctive relief in any court of competent jurisdiction to enjoin a person from committing an act in violation of the Physical Therapy Act. Such injunction proceedings shall be in addition to and not in lieu of penalties and other remedies in the Physical Therapy Act.
C. The board may assess a civil penalty of up to one thousand dollars ($1,000) for a first offense and up to five thousand dollars ($5,000) for a second or subsequent offense against a licensee who aids or abets an unlicensed person to directly or indirectly evade the Physical Therapy Act or the applicable licensing laws; or permits his license to be used by an unlicensed person with the intent to evade the Physical Therapy Act or the applicable licensing laws, pursuant to the notice of hearing and appeal procedures pursuant to the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978]. The civil penalties provided in this subsection are in addition to other disciplinary measures provided in the Physical Therapy Act. Civil penalties shall be deposited with the state treasurer to the credit of the current school fund.
History:
Laws 1997, ch. 89, § 16.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The physical therapy board is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Physical Therapy Act until July 1, 2028. Effective July 1, 2028, the Physical Therapy Act is repealed.
History:
Laws 1997, ch. 89, § 17; 2003, ch. 428, § 13; 2009, ch. 96, § 10; 2015, ch. 119, § 14; 2021, ch. 50, § 10.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the physical therapy board, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the physical therapy board to July 1, 2021, and the repeal date to July 1, 2022.
The 2009 amendment,
effective July 1, 2009, extended the termination date to July 1, 2015 and the repeal date to July 1, 2016.
The 2003 amendment,
effective July 1, 2003, in the first sentence substituted "2009" for "2003" and in the second and third sentences substituted "2010" for "2004".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-18 - Temporary provision; existing regulations; licensure under prior law. (Repealed effective July 1, 2028.)

A. Existing rules regarding physical therapy services shall remain in effect until new rules are adopted pursuant to the provisions of the Physical Therapy Act.
B. A person licensed to perform physical therapy services pursuant to the provisions of prior law, whose license is valid on July 1, 1997, is entitled to renew his license pursuant to the provisions of the Physical Therapy Act.
History:
Laws 1997, ch. 89, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-1 - Repealed.

History:
Laws 2003, ch. 60, § 1; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-1 NMSA 1978, as enacted by Laws 2003, ch. 60, § 1, relating to the short title of the Naprapathic Practice Act, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12D-19 - Temporary provision; board members to continue. (Repealed effective July 1, 2028.)

On the effective date of this act, members serving on the physical therapists' licensing board shall continue to serve on the physical therapy board until their terms expire; thereafter, the governor shall appoint board members as provided in the Physical Therapy Act.
History:
Laws 1997, ch. 89, § 20.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-2 - Repealed.

History:
Laws 2003, ch. 60, § 2; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-2 NMSA 1978, as enacted by Laws 2003, ch. 60, § 2, relating to definitions, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-3 - Repealed.

History:
Laws 2003, ch. 60, § 3; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-3 NMSA 1978, as enacted by Laws 2003, ch. 60, § 3, relating to licensure, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-4 - Repealed.

History:
Laws 2003, ch. 60, § 4; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-4 NMSA 1978, as enacted by Laws 2003, ch. 60, § 4, relating to practice of naprapathy, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-5 - Repealed.

History:
Laws 2003, ch. 60, § 5; 2009, ch. 176, § 1; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-5 NMSA 1978, as enacted by Laws 2003, ch. 60, § 5, relating to education and professional qualifications, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-6 - Repealed.

History:
Laws 2003, ch. 60, § 6; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-6 NMSA 1978, as enacted by Laws 2003, ch. 60, § 6, relating to license applications, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-7 - Repealed.

History:
Laws 2003, ch. 60, § 7; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-7 NMSA 1978, as enacted by Laws 2003, ch. 60, § 7, relating to designation as naprapath, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-8 - Repealed.

History:
Laws 2003, ch. 60, § 8; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-8 NMSA 1978, as enacted by Laws 2003, ch. 60, § 8, relating to license display, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-9 - Repealed.

History:
Laws 2003, ch. 60, § 9; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-9 NMSA 1978, as enacted by Laws 2003, ch. 60, § 9, relating to the naprapathic practice board, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-10 - Repealed.

History:
Laws 2003, ch. 60, § 10; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-10 NMSA 1978, as enacted by Laws 2003, ch. 60, § 10, relating to duties of the board, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-11 - Repealed.

History:
Laws 2003, ch. 60, § 11; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-11 NMSA 1978, as enacted by Laws 2003, ch. 60, § 11, relating to license renewal, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-12 - Repealed.

History:
Laws 2003, ch. 60, § 12; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-12 NMSA 1978, as enacted by Laws 2003, ch. 60, § 12, relating to license fees, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-13 - Repealed.

History:
Laws 2003, ch. 60, § 13; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-13 NMSA 1978, as enacted by Laws 2003, ch. 60, § 13, relating to the naprapathy fund, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-14 - Repealed.

History:
Laws 2003, ch. 60, § 14; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-14 NMSA 1978, as enacted by Laws 2003, ch. 60, § 14, relating to administrative hearings, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-15 - Repealed.

History:
Laws 2003, ch. 60, § 15; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-15 NMSA 1978, as enacted by Laws 2003, ch. 60, § 15, relating to offenses and criminal penalties, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-16 - Repealed.

History:
Laws 2003, ch. 60, § 16; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-16 NMSA 1978, as enacted by Laws 2003, ch. 60, § 16, relating to violations of act and civil penalties, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12E - Naprapathic Practice (Repealed.) › Section 61-12E-17 - Repealed.

History:
Laws 2003, ch. 60, § 17; repealed by Laws 2011, ch. 31, § 16.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 31, § 16 repealed 61-12E-17 NMSA 1978, as enacted by Laws 2003, ch. 60, § 17, relating to termination of agency life, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-1 - Short title.

Sections 4 through 14 [61-12F-1 to 61-12F-11 NMSA 1978] of this act may be cited as the "Naprapathic Practice Act".
History:
Laws 2011, ch. 31, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-2 - Definitions.

As used in the Naprapathic Practice Act:
A. "board" means the New Mexico medical board; and
B. "licensee" means a person licensed by the board to practice naprapathy.
History:
Laws 2011, ch. 31, § 5.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-3 - Naprapathic task force created.

A. The "naprapathic task force" is created under the direction of the board. The naprapathic task force shall advise the board regarding licensure of naprapaths, approval of naprapathy curricula and any other matters that are necessary to ensure the training and licensure of naprapaths.
B. The naprapathic task force shall be composed of no fewer than two licensees, appointed by the board, who are residents of the state. Vacancies on the naprapathic task force shall be filled by appointment by the board.
C. The naprapathic task force shall develop guidelines for the board to consider in regard to:
(1) regulating the licensure of naprapaths and the practice of naprapathy and establishing minimum qualifications and hours of clinical experience required for licensure as a naprapath;
(2) prescribing the manner in which records of examinations and treatments shall be kept and maintained;
(3) providing standards for professional responsibility and conduct;
(4) identifying disciplinary actions and circumstances that require disciplinary action;
(5) developing a means to provide information to all licensees in the state;
(6) providing for the investigation of complaints against licensees or persons holding themselves out as practicing naprapathy in the state;
(7) providing for the publishing of information for the public about licensees and the practice of naprapathy in the state;
(8) providing for an orderly process for reinstatement of a license;
(9) establishing criteria for acceptance of naprapathy credentials or licensure from another jurisdiction;
(10) providing criteria for advertising or promotional materials; and
(11) any other matter necessary to implement the Naprapathic Practice Act.
History:
Laws 2011, ch. 31, § 6.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-4 - Practice of naprapathy; description.

A. Naprapathic practice includes the diagnosis and treatment of persons with connective tissue disorders through the use of special techniques, review of case history, examination and palpation or treatment of a person by the use of connective tissue manipulation, exercise, postural counseling, nutritional counseling and the application or use of heat, cold, light, water, radiant energy, electricity, sound and air and assistive devices for the purpose of preventing, correcting or alleviating a physical disability. Naprapathic practice does not include surgery, acupuncture, Chinese herbal medicine, pharmacology or invasive diagnostic testing.
B. A naprapath treats contractures, muscle spasms, inflammations, scar tissue formation, adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalances, bruises, contusions, muscular atrophy and partial separation of connective tissue fibers.
C. Naprapathic practice may require the:
(1) performance of specialized tests and measurements;
(2) administration of specialized treatment procedures; and
(3) establishment and modification of naprapathic treatment programs.
D. A naprapath may advise, supervise or teach another in the performance of naprapathy.
E. A naprapath shall refer to a licensed physician any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the naprapath.
History:
Laws 2011, ch. 31, § 7.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-5 - License required; exceptions; registration.

A. A person shall not practice naprapathy in the state without a valid license issued by the board.
B. A person who is a naprapath practitioner employed by a federal government facility or agency in New Mexico is not required to be licensed pursuant to the Naprapathic Practice Act.
C. A person who is enrolled in a program approved by the board to provide training for naprapaths or a person receiving continuing educational training to practice naprapathy is not required to be licensed or registered with the board.
D. A person teaching, advising or supervising students of naprapathy or teaching continuing education for naprapaths shall not practice naprapathy in New Mexico without a license by the board unless:
(1) that person is in the state for less than one month;
(2) that person is registered with the board as a teacher, advisor or supervisor; and
(3) the practice occurs in the course of that person's duties as a teacher, advisor or supervisor.
E. Nothing in the Naprapathic Practice Act shall be construed to prevent a person qualified as a member of a recognized profession, the practice of which requires a license or is regulated pursuant to the laws of New Mexico, from rendering services within the scope of the person's license or a state rule adopted to regulate the profession; provided that the person does not make a representation as being a naprapath.
History:
Laws 2011, ch. 31, § 8.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-6 - Requirements for licensing.

A. The board shall grant a license to practice naprapathy to a person who:
(1) is at least twenty-one years of age;
(2) has submitted to the board:
(a) a completed application for licensing on a form provided by the board;
(b) required documentation as required by the board; and
(c) the required fees;
(3) has graduated from a two-year college-level program or an equivalent program approved by the board;
(4) has completed, in not less than three years, a four-year academic curriculum in naprapathy that is approved by the board, and the person has successfully completed one hundred thirty-two hours of academic credit, including sixty-six credit hours in basic science courses with emphasis on the study of connective tissue, and sixty-six credit hours in clinical naprapathic science, theory and application;
(5) has passed the national board of naprapathic examiners examination or holds a valid license as a naprapath in another jurisdiction; and
(6) has met all other requirements of the board.
B. The board may require a personal interview with an applicant to evaluate that person's qualifications for a license.
History:
Laws 2011, ch. 31, § 9.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-7 - Designation as naprapath; display of license.

A. A licensee is designated a "naprapath" and may use that title in connection with the practice of the profession of naprapathy.
B. A licensee may use the title "doctor of naprapathy" or the letters "D.N." following the licensee's name to indicate the licensee's professional status.
C. A licensee shall display the licensee's license and diplomas in the licensee's place of business in a location clearly visible to the licensee's patients.
History:
Laws 2011, ch. 31, § 10.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-8 - License renewal.

A. The board shall review licenses for renewal annually, and all licenses to be renewed shall be renewed on July 1. Applicants for license renewal shall submit:
(1) a renewal application on a form provided by the board; and
(2) except as provided in Section 61-1-34 NMSA 1978, a license renewal fee.
B. The board may require proof of continuing education or other proof of competence as a requirement for renewal.
History:
Laws 2011, ch. 31, § 11; 2020, ch. 6, § 34.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the license renewal fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, Paragraph A(2), added "except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-9 - License fees.

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable administrative and licensing fees, but an individual fee shall not exceed one thousand dollars ($1,000).
History:
Laws 2011, ch. 31, § 12; 2020, ch. 6, § 35.
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 added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-10 - Offenses; criminal penalties.

A person who practices naprapathy without a license is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2011, ch. 31, § 13.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12F - Naprapathic Practice › Section 61-12F-11 - Violation; civil penalties.

The board may fine any person who intentionally violates the provisions of the Naprapathic Practice Act up to one thousand dollars ($1,000) or may suspend or revoke the licensee's authority to practice naprapathy in New Mexico.
History:
Laws 2011, ch. 31, § 14.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 31, § 17 made Laws 2011, ch. 31, §§ 4 through 14, the Naprapathic Practice Act, effective July 1, 2011.
Temporary provisions.
— Laws 2011, ch. 31, § 15, provided:
A. On July 1, 2011, all functions, appropriations, money, records, furniture, equipment and other property of the naprapathic practice board shall be transferred to the New Mexico medical board.
B. On the effective date of this act, contractual obligations of the naprapathic practice board are binding on the New Mexico medical board.
C. On the effective date of this act, all references in law to the naprapathic practice board shall be deemed to be references in law to the New Mexico medical board.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-1 - Short title.

Sections 1 through 13 [61-12G-1 through 61-12G-13 NMSA 1978] of this act may be cited as the "Naturopathic Doctors' Practice Act".
History:
Laws 2019, ch. 244, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-3 - Qualifications for licensure.

The board shall license an applicant who:
A. is of good moral character, in accordance with standards established by rules of the board;
B. submits, in accordance with rules of the board, the following items to the board:
(1) an application for licensure designed and approved by the board and submitted in accordance with rules of the board;
(2) except as provided in Section 61-1-34 NMSA 1978, an application fee submitted in an amount and manner established by rules of the board;
(3) evidence that the applicant has graduated from an approved naturopathic medical educational program;
(4) evidence that the applicant has passed a professional examination;
(5) evidence that the applicant has passed a state jurisprudence examination that meets standards established in rules of the board; and
(6) evidence of professional liability insurance with policy limits not less than prescribed by the board;
C. is determined by the board, upon recommendation by the council, to be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation; and
D. has not had a license to practice naturopathic medicine or other health care license registration or certificate refused, revoked or suspended by any other jurisdiction for reasons that relate to the applicant's ability to skillfully and safely practice naturopathic medicine unless that license, registration or certification has been restored to good standing by that jurisdiction.
History:
Laws 2019, ch. 244, § 3; 2020, ch. 6, § 36.
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 Subsection B, Paragraph B(2), added "except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-4 - Approved naturopathic medical educational program.

With the advice and consent of the council, the board shall establish by rule guidelines for an approved naturopathic medical educational program, which guidelines shall meet the following requirements and the board's specifications for the education of naturopathic doctors. The approved naturopathic medical educational program shall:
A. offer graduate-level, full-time didactic and supervised clinical training;
B. be accredited, or shall have achieved candidacy status for accreditation, by the council on naturopathic medical education or an equivalent federally recognized accrediting body for naturopathic medical programs that is also recognized by the board; and
C. be conducted by an institution, or a division of an institution of higher education, that:
(1) is accredited or is a candidate for accreditation by a regional or national institutional accrediting agency recognized by the United States secretary of education or a diploma-granting, degree-equivalent college or university; or
(2) meets equivalent standards for recognition of accreditation established in rules of the board for medical education programs offered in Canada.
History:
Laws 2019, ch. 244, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-5 - Display of license.

A licensee shall display the licensee's license in the licensee's place of business in a location clearly visible to the licensee's patients and shall also display evidence of the licensee having completed an approved naturopathic medical educational program.
History:
Laws 2019, ch. 244, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-6 - Scope of practice.

A. A licensee may practice naturopathic medicine only to provide primary care, as "primary care" is defined in rules of the board, as follows:
(1) in collaboration with a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] ; and
(2) in alignment with naturopathic medical education to:
(a) perform physical examinations;
(b) order laboratory examinations;
(c) order diagnostic imaging studies;
(d) interpret the results of laboratory examinations for diagnostic purposes;
(e) order and, based on a radiologist's report, take action on diagnostic imaging studies in a manner consistent with naturopathic training;
(f) prescribe, administer, dispense and order the class of drugs that excludes the natural derivatives of opium, which are morphine and codeine, and related synthetic and semi-synthetic compounds that act upon opioid receptors;
(g) after passing a pharmacy examination authorized by rules of the board, prescribe, administer, dispense and order: 1) all legend drugs; and 2) testosterone products and all drugs within Schedules III, IV and V of the Controlled Substances Act, excluding all benzodiazapines, opioids and opioid derivatives;
(h) administer intramuscular, intravenous, subcutaneous, intra-articular and intradermal injections of substances appropriate to naturopathic medicine;
(i) use routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, intravenous, intra-articular and intramuscular consistent with the education and training of a naturopathic doctor;
(j) perform naturopathic physical medicine;
(k) employ the use of naturopathic therapy; and
(l) use therapeutic devices, barrier contraception, intrauterine devices, hormonal and pharmaceutical contraception and durable medical equipment.
B. As used in this section, "collaboration" means the process by which a licensed physician and a naturopathic doctor jointly contribute to the health care and medical treatment of patients; provided that:
(1) each collaborator performs actions that the collaborator is licensed or otherwise authorized to perform; and
(2) collaboration shall not be construed to require the physical presence of the licensed physician at the time and place services are rendered.
History:
Laws 2019, ch. 244, § 6; 2021, ch. 54, § 30.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed a reference to the Osteopathic Medicine Act; and in Subsection A, Paragraph A(1), after "Medical Practice Act", deleted "or the Osteopathic Medicine Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-7 - Referral requirement.

A licensee shall refer to a physician authorized to practice in the state under the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the licensee.
History:
Laws 2019, ch. 244, § 7; 2021, ch. 54, § 31.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, after "Medical Practice Act", deleted "or the Osteopathic Medicine Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-8 - Prohibitions.

A licensee shall not:
A. provide care outside of the scope of primary care, as that term is defined in rules of the board;
B. perform surgery outside of the scope of minor office procedures permitted in the employment of naturopathic therapy;
C. use general or spinal anesthetics;
D. administer ionizing radioactive substances for therapeutic purposes;
E. perform a surgical procedure using a laser device;
F. perform a surgical procedure involving any of the following areas of the body that extend beyond superficial tissue:
(1) eye;
(2) ear;
(3) tendon;
(4) nerves;
(5) veins; or
(6) artery;
G. perform a surgical abortion;
H. treat any lesion suspected of malignancy or requiring surgical removal; or
I. perform acupuncture.
History:
Laws 2019, ch. 244, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-9 - Exemptions.

Nothing in the Naturopathic Doctors' Practice Act shall be construed to prohibit or to restrict:
A. the practice of a health care profession by an individual who is licensed, certified or registered under other laws of this state and who is performing services within the individual's authorized scope of practice;
B. the practice of naturopathic medicine by a student enrolled in an approved naturopathic medical educational program; provided that the practice of naturopathic medicine by a student is performed pursuant to a course of instruction or an assignment from an instructor and under the supervision of the instructor who is a licensee or a duly licensed professional in the instructed field;
C. any person that sells a vitamin or herb from providing information about the vitamin or herb;
D. the practice of naturopathic medicine by persons who are licensed to practice in any other state or district in the United States and who enter this state to consult with a naturopathic doctor of this state; provided that the consultation is limited to examination, recommendation or testimony in litigation; or
E. any person or practitioner who is not licensed as a naturopathic doctor from recommending ayurvedic medicine, herbal remedies, nutritional advice, homeopathy or other therapy that is within the scope of practice of the Unlicensed Health Care Practice Act [61-35-1 through 61-35-8 NMSA 1978]; provided that the person or practitioner shall not:
(1) use a title protected pursuant to Section 10 [61-12G-10 NMSA 1978] of the Naturopathic Doctors' Practice Act;
(2) represent or assume the character or appearance of a licensee; or
(3) otherwise use a name, title or other designation that indicates or implies that the person is a licensee.
History:
Laws 2019, ch. 244, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-10 - Protected titles.

A. A licensee shall use the title "naturopathic doctor" and the recognized abbreviation "N.D.".
B. A licensee has the exclusive right to use the following terms in reference to the licensee's self:
(1) "naturopathic doctor";
(2) "doctor of naturopathic medicine";
(3) "doctor of naturopathy";
(4) "N.D.";
(5) "ND";
(6) "NMD"; and
(7) "N.M.D.".
C. An individual represents the individual's self to be a naturopathic doctor when the individual uses or adopts any of the following terms in reference to the individual's self:
(1) "naturopathic doctor";
(2) "doctor of naturopathic medicine";
(3) "doctor of naturopathy";
(4) "N.D.";
(5) "ND";
(6) "NMD"; and
(7) "N.M.D.".
D. An individual shall not represent the individual's self to the public as a naturopathic doctor, a doctor of naturopathic medicine or a doctor of naturopathy, or as being otherwise authorized to practice naturopathic medicine in the state, unless the individual is a licensee.
E. A licensee shall not represent the licensee's self as a "naturopathic physician"; provided that representing that the licensee is a member of an organization that uses the term "naturopathic physicians" in the organization's name shall not be construed to be a violation of the provisions of this subsection.
History:
Laws 2019, ch. 244, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-11 - Naturopathic doctors' advisory council created.

A. The "naturopathic doctors' advisory council" is created as a council to the board under the direction of the board. The council shall advise the board regarding:
(1) licensure of naturopathic doctors; and
(2) the board's approval of matters relating to the training and licensure of naturopathic doctors.
B. By July 1, 2019, the board shall appoint an initial council of one member for a term of four years and two members for terms of three years each. The initial council shall consist of three voting members as follows:
(1) either:
(a) two members of an association; or
(b) one member of an association and one member who is a physician licensed pursuant to the Medical Practice Act who has worked collaboratively with a member of an association for at least two years prior to being appointed to the council; and
(2) one member who is a resident of the state who is not, and never has been, a licensed health care practitioner and who does not have an interest in naturopathic education, naturopathic medicine or naturopathic business or practice.
C. As the terms of the initial council members expire, the board shall appoint successors for terms of four years each as follows:
(1) either:
(a) two licensees; or
(b) one licensee and one member who is a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] who has worked collaboratively with a member of the association for at least two years prior to being appointed to the council; and
(2) one member who is a resident of the state who is not, and never has been, a licensed health care practitioner and who does not have an interest in naturopathic education, naturopathic medicine or naturopathic business or practice.
D. By August 1, 2019, the board shall call the first meeting of the council, at which meeting members shall elect a chair. By August 1, 2020 and at least once during each calendar quarter thereafter, the council shall hold a meeting at the call of the chair. The council may hold additional meetings at the call of the chair or at the written request of any two members of the council.
E. Vacancies on the council shall be filled by the board from a list of not fewer than three candidates provided by the association.
F. A majority of the council membership shall constitute a quorum.
G. At the discretion of the board, members of the council may receive per diem and mileage reimbursement pursuant to the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2019, ch. 244, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-12 - Council duties.

The council shall develop guidelines for the board to consider for rulemaking with regard to:
A. regulating the licensure of naturopathic doctors and determining the hours of continuing education units required for maintaining licensure as a naturopathic doctor;
B. prescribing the manner in which records of examinations and treatments shall be kept and maintained;
C. establishing standards for professional responsibility and conduct;
D. identifying disciplinary actions and circumstances that require disciplinary action;
E. developing a means to provide information to all licensees in the state;
F. providing for the investigation of complaints against licensees or persons holding themselves out as naturopathic doctors in the state;
G. providing for the publication of information for the public about licensees and the practice of naturopathic medicine in the state;
H. providing for an orderly process for reinstatement of a license;
I. establishing criteria for advertising or promotional materials;
J. establishing by rule, in accordance with the Naturopathic Doctors' Practice Act:
(1) continuing education hours and content;
(2) standards for the state jurisprudence examination;
(3) schedules for providing licensing examinations and for the issuance of examination results;
(4) procedures and standards for reviewing licensing examination scores; and
(5) procedures for reviewing transcripts demonstrating completion of the approved naturopathic medical educational program;
K. the requirements for issuance and renewal of licenses; and
L. any other matter necessary to implement the Naturopathic Doctors' Practice Act.
History:
Laws 2019, ch. 244, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.