reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12G - Naturopathic Doctors' Practice › Section 61-12G-13 - License expiration; renewal; denial; revocation; continuing education.

A. A license issued or renewed pursuant to the Naturopathic Doctors' Practice Act shall expire three years following its issuance or last renewal.
B. The board may renew the license of any licensee who, upon the expiration of the licensee's license:
(1) has submitted an application for renewal;
(2) has paid the renewal fee established by rules of the board;
(3) meets the qualifications for licensure set forth in the Naturopathic Doctors' Practice Act and rules of the board; and
(4) meets the continuing education requirements established by the board.
C. The board shall grant applicants and licensees for whom the board intends to refuse to issue or renew a license, or whose license the board proposes to revoke or suspend, opportunity for a hearing in accordance with the procedures provided in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978].
History:
Laws 2019, ch. 244, § 13.
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 13 - Nursing Home Administrators › Section 61-13-1 - Short title. (Repealed effective July 1, 2026.)

Chapter 61, Article 13 NMSA 1978 may be cited as the "Nursing Home Administrators Act".
History:
1953 Comp., § 67-37-1, enacted by Laws 1970, ch. 61, § 1; 2013, ch. 166, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Nursing Home Administrators Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 61, Article 13 NMSA 1978".
Law reviews.
— For article, "Heart of Stone: What is Revealed About the Attitude of Compassionate Conservatives Toward Nursing Home Practices, Tort Reform, and Noneconomic Damages", see 35 N.M.L. Rev. 337 (2005).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689.
Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 A.L.R.5th 821.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-2 - Definitions. (Repealed effective July 1, 2026.)

As used in the Nursing Home Administrators Act:
A. "board" means the board of nursing home administrators;
B. "nursing home administrator" means any individual who is responsible for planning, organizing, directing and controlling the operation of a nursing home or who shares such functions with one or more persons in operating a nursing home;
C. "nursing home" means any nursing institution or facility required to be licensed under state law as a nursing facility by the public health division of the department of health, whether proprietary or nonprofit, including skilled nursing home facilities, and whether a separate entity or a part of a medical institutional facility; and
D. "practice of nursing home administration" means the planning, organizing, directing and control of the operation of a nursing home.
History:
1953 Comp., § 67-37-2, enacted by Laws 1970, ch. 61, § 2; 1993, ch. 245, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, made stylistic changes in Subsection B, and substituted "facility by the public health division of the department of health" for "home by the health and social services department" and deleted "extended care facilities" before "skilled nursing home facilities" in Subsection C.
Intermediate care facility for mentally retarded
properly licensed by the health and social services department (now health care authority department) as an intermediate care facility is not a nursing home as defined by this section; its administrator is not, therefore, required to be licensed as a nursing home administrator. 1988 Op. Att'y Gen. No. 88-48.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40A Am. Jur. 2d Hospitals and Asylums § 3.
7 C.J.S. Asylums § 1.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-3 - Criminal offender's character evaluation. (Repealed effective July 1, 2026.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Nursing Home Administration [Administrators] Act.
History:
1953 Comp., § 67-37-2.1, enacted by Laws 1974, ch. 78, § 35.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Bracketed material.
— The bracketed word "Administrators" was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-4.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 189, § 25 repealed 61-13-4.1 NMSA 1978, as enacted by Laws 1978, ch. 206, § 2, relating to lay membership, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-5 - Organization of board; meetings. (Repealed effective July 1, 2026.)

The board shall elect annually from its membership a chairman and such other officers as may be necessary. The board shall meet at least three times a year and at such other times as it deems appropriate. Meetings shall be at the call of the chairman of the board or upon the call of any two members of the board. A majority of the board shall constitute a quorum at any meeting or hearing of the board. Any board member failing to attend three consecutive meetings of the board, at least two of which were regular meetings, shall automatically be dropped as a member of the board.
History:
1953 Comp., § 67-37-4, enacted by Laws 1970, ch. 61, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Quorum.
— Four members of the board of nursing home administrators is a quorum. 1989 Op. Att'y Gen. No. 89-08.
The expiration of a board member's term of office or a member's resignation does not create a corporeal "vacancy". Until successors are appointed who duly qualify for office, the current six members continue to serve in office, and accordingly, the quorum requirement remains at four. 1989 Op. Att'y Gen. No. 89-08.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-6 - Duties of the board. (Repealed effective July 1, 2026.)

The board shall:
A. promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to adopt and enforce standards for licensing nursing home administrators and to carry into effect the provisions of the Nursing Home Administrators Act;
B. approve for licensure applicants for:
(1) initial licensure;
(2) annual renewal of current, active licenses;
(3) reciprocity;
(4) reinstatement of revoked or suspended licenses; and
(5) reactivation of inactive or expired licenses;
C. cause the prosecution or enjoinder of all persons violating the Nursing Home Administrators Act and deny, suspend or revoke licenses in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
D. submit a written annual report to the governor and the legislature detailing the actions of the board and including an accounting of all money received and expended by the board; and
E. maintain a register of licensees and a record of all applicants for licensure received by the board.
History:
1953 Comp., § 67-37-5, enacted by Laws 1970, ch. 61, § 5; 1993, ch. 245, § 3; 2003, ch. 408, § 20; 2022, ch. 39, § 55.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the board of nursing home administrators is required to follow the provisions of the State Rules Act when promulgating rules; in the introductory clause, deleted "it is the duty of", and after "The board", deleted "to" and added "shall"; and in Subsection A, deleted "formulate, adopt and regularly revise such" and added "promulgate", and after "rules", deleted "and regulations not inconsistent with law as may be necessary" and added "in accordance with the State Rules Act".
The 2003 amendment,
effective July 1, 2003, deleted former Subsection E, employment of personnel, and redesignated former Subsection F as present Subsection E.
The 1993 amendment,
effective June 18, 1993, made a stylistic change in the introductory language and in Subsection A, and rewrote Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 C.J.S. Asylums § 5.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-7 - Compensation of board members. (Repealed effective July 1, 2026.)

Members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 67-37-6, enacted by Laws 1970, ch. 61, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-8 - Licensure of nursing home administrators. (Repealed effective July 1, 2026.)

The board shall issue a license as a nursing home administrator to each applicant who files an application in the form and manner prescribed by the board, accompanied by the required fee, and who furnishes evidence, including a criminal records check satisfactory to the board that the applicant:
A. has successfully completed a course of study for a baccalaureate degree and has been awarded such degree from an accredited institution in a course of study approved by the board as being adequate preparation for nursing home administrators;
B. demonstrates professional competence by passing an examination in nursing home administration as prepared and published by the professional examination service or such other nationally recognized examination as the board prescribes in its rules;
C. demonstrates knowledge of state rules governing the operation of nursing homes in a manner the board prescribes in its rules; and
D. has successfully completed an internship or administrator-in-training program as prescribed by the board in its rules.
History:
1953 Comp., § 67-37-7, enacted by Laws 1970, ch. 61, § 7; 1973, ch. 68, § 1; 1993, ch. 245, § 4; 1997, ch. 267, § 2; 2022, ch. 39, § 56.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 2022 amendment,
effective May 18, 2022, revised qualifications for licensure as a nursing home administrator; and deleted former Subsection A, which provided "is of good moral character", and redesignated former Subsections B through E as Subsections A through D, respectively.
The 1997 amendment,
effective June 20, 1997, deleted the subsection designation "A" at the beginning of the section; redesignated former Paragraphs (1) through (5) as Subsections A through E; and inserted "including a criminal records check," in the introductory paragraph.
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40A Am. Jur. 2d Hospitals and Asylums §§ 5, 6; 51 Am. Jur. 2d Licenses and Permits § 4.
7 C.J.S. Asylums § 7; 53 C.J.S. Licenses §§ 34, 39.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-9 - Educational programs. (Repealed effective July 1, 2026.)

The board shall:
A. approve or establish appropriate courses of study within and without the state to enable applicants for licensure to attain the requisite professional skill to qualify them to sit for the examination for licensure; and
B. approve or establish appropriate courses of study to further the professional qualifications of licensees through continuing educational programs.
History:
1953 Comp., § 67-37-8, enacted by Laws 1970, ch. 61, § 8; 1993, ch. 245, § 5.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "Provisional license" from the beginning of the section heading; deleted former Subsection A, which provided for the issuance of a provisional license, expiring June 20, 1972, to certain applicants; and rewrote former Subsection B as present Subsection A, renumbering former Subsection C as present Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-10 - Licensure by examinations by board. (Repealed effective July 1, 2026.)

A. Upon investigation of the application and other evidence submitted, the board shall, not less than thirty days prior to any scheduled examination, notify each applicant that the application and evidence submitted is satisfactory or unsatisfactory and rejected. If rejected, the notice shall state the reasons for rejection.
B. Examinations shall be held at least twice each year at such a time and place as the board may determine, and at other times as in the opinion of the board the number of applicants for licensure warrants.
C. The board shall administer the national standards examination in a manner specified by the national examination service with which it contracts.
History:
1953 Comp., § 67-37-9, enacted by Laws 1970, ch. 61, § 9; 1993, ch. 245, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, rewrote Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-12 - License and renewal fees; board expenditures. (Repealed effective July 1, 2026.)

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall require by appropriate rule or regulation that applicants for licensure as nursing home administrators pay a license fee in an amount set by the board not to exceed two hundred fifty dollars ($250) and an annual renewal fee in an amount set by the board not to exceed two hundred dollars ($200).
B. The board shall deposit all fees received by the board in a special fund maintained by the state treasurer for use in defraying the expenses of administration of the Nursing Home Administrators Act. Any unexpended balance remaining in the fund at the end of each fiscal year shall remain to the credit of the board.
C. The board may obtain and administer programs of grants-in-aid or financial assistance from any governmental agency or private source in the furtherance of programs consistent with the Nursing Home Administrators Act.
History:
1953 Comp., § 67-37-11, enacted by Laws 1970, ch. 61, § 11; 1992, ch. 69, § 1; 2020, ch. 6, § 37.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
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 made certain technical amendments; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
The 1992 amendment,
effective May 20, 1992, in Subsection A, substituted "shall" for "may", deleted "or applicants for annual renewal" following "administrators", substituted "two hundred fifty dollars ($250)" for "one hundred twenty-five dollars ($125.00)", and substituted "two hundred dollars ($200)" for "fifty dollars ($50.00)".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 39 to 41.
53 C.J.S. Licenses §§ 64 to 73.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-14 - Penalties. (Repealed effective July 1, 2026.)

It shall be a misdemeanor for any person to:
A. sell or fraudulently obtain or furnish any license or aid or abet in the obtaining or furnishing of any license under the Nursing Home Administrators Act;
B. practice as a nursing home administrator, under cover of any license or registration illegally or fraudulently obtained or unlawfully issued;
C. practice as a nursing home administrator or use in connection with his name any designation tending to imply that he is a nursing home administrator unless duly licensed and registered to so practice under the provisions of the Nursing Home Administrators Act; or
D. practice as a nursing home administrator without a valid license or during the time his license or registration issued under the provisions of the Nursing Home Administrators Act is suspended or revoked.
History:
1953 Comp., § 67-37-13, enacted by Laws 1970, ch. 61, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Cross references.
— For penalties for misdemeanors,
see
31-19-1 NMSA 1978.
Intermediate care facility for mentally retarded
properly licensed by the health and social services (now human services) department as an intermediate care facility is not a nursing home as defined by Section 61-13-2C NMSA 1978; its administrator is not, therefore, required to be licensed as a nursing home administrator. 1988 Op. Att'y Gen. No. 88-48.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 72.
53 C.J.S. Licenses §§ 82 to 84.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-15 - Injunctive proceedings. (Repealed effective July 1, 2026.)

A. The board may, in the name of the state of New Mexico, through the attorney general, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act declared to be a misdemeanor by the Nursing Home Administrators Act.
B. If it be established that the defendant has been or is committing an act declared to be a misdemeanor by the Nursing Home Administrators Act, the court shall enter a decree perpetually enjoining said defendant from further committing such act.
C. Such injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in the Nursing Home Administrators Act.
History:
1953 Comp., § 67-37-14, enacted by Laws 1970, ch. 61, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Cross references.
— For injunctions,
see
Rules 1-065 and 1-066 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 70.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-16 - Exemptions. (Repealed effective July 1, 2026.)

The Nursing Home Administrators Act does not apply to boardinghouses or to sheltered-care facilities.
History:
1953 Comp., § 67-37-15, enacted by Laws 1970, ch. 61, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Severability.
— Laws 1970, ch. 61, § 16 provided for the severability of the Nursing Home Administrators Act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 18, 27, 34 to 38.
53 C.J.S. Licenses §§ 35, 36.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)

The board of nursing home administrators is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 through 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of Chapter 61, Article 13 NMSA 1978 until July 1, 2026. Effective July 1, 2026, Chapter 61, Article 13 NMSA 1978 is repealed.
History:
1953 Comp., § 67-37-16, enacted by Laws 1978, ch. 206, § 1; 1981, ch. 241, § 26; 1985, ch. 87, § 11; 1991, ch. 189, § 20; 1997, ch. 46, § 15; 2005, ch. 208, § 9; 2013, ch. 166, § 2; 2019, ch. 168, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, extended the termination date for the board of nursing; and changed "July 1, 2019", to "July 1, 2025", and changed "July 1, 2020", to "July 1, 2026".
The 2013 amendment,
effective June 14, 2013, changed the agency termination date from 2013 to 2019, the termination of the operations date from 2014 to 2020, and the repeal date from 2014 to 2020.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 1997 amendment,
effective June 20, 1997, substituted "2005" for "1997", substituted "2006" for "1998", and substituted "July 1, 2004, Chapter 61, Article 13 NMSA 1978" for "July 1, 1998 Article 13 of Chapter 61, NMSA 1978".
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1997" for "July 1, 1991" in the first sentence and substituted "July 1, 1998" for "July 1, 1992" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 14 NMSA 1978 may be cited as the "Veterinary Practice Act".
History:
1953 Comp., § 67-11-12, enacted by Laws 1967, ch. 62, § 1; 2011, ch. 30, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, changed the statutory reference to the act.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of statutes or regulations relating to practice of veterinary medicine, 8 A.L.R.4th 223.
Veterinarian's liability for malpractice, 71 A.L.R.4th 811.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-3 - Criminal offender's character evaluation. (Repealed effective July 1, 2030.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Veterinary Practice Act.
History:
1953 Comp., § 67-11-13.1, enacted by Laws 1974, ch. 78, § 19.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-4.1 - Protected actions; communication. (Repealed effective July 1, 2030.)

A. No current or former member of the board, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board shall bear liability or be subject to civil damages or criminal prosecutions for any action or omission undertaken or performed within the scope of the board's duties.
B. All written and oral communications made by any person to the board relating to actual or potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.
C. The board shall make available to interested members of the public information about a disciplinary action taken by the board pursuant to Section 61-14-13 NMSA 1978, including the name of the licensee, the nature of the violation of the Veterinary Practice Act and the disciplinary action taken.
D. No person or legal entity providing information to the board, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.
History:
Laws 1999, ch. 243, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
Effective dates.
— Laws 1999, ch. 243 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-5.1 - Impaired veterinarian. (Repealed effective July 1, 2030.)

A. The board may appoint an impaired-veterinarian committee to organize and administer a program that will:
(1) serve as a diversion program to which the board may refer licensees in lieu of or in addition to other disciplinary action under terms set by the board; and
(2) be a confidential source of treatment or referral for veterinarians who, on a voluntary basis and without the knowledge of the board, desire to avail themselves of treatment for emotionally based or chemical-dependence impairments.
B. The impaired-veterinarian committee shall:
(1) provide evaluations for veterinarians who request participation in the diversion program;
(2) review and designate treatment facilities and services to which veterinarians in the diversion program may be referred;
(3) receive and review information concerning the status and progress of participants in the diversion program;
(4) publicize the diversion program in coordination with veterinary professional associations; and
(5) prepare and provide reports at least annually to the board.
C. Each veterinarian referred to the diversion program by the board shall be informed of the procedures applicable to the diversion program, of the rights and responsibilities associated with participation in the diversion program and of the possible consequences of failure to participate in the diversion program. Failure to comply with any treatment requirement of the diversion program may result in termination of diversion program participation; termination of diversion program participation shall be reported to the board by the impaired-veterinarian committee. Participation in the diversion program shall not be a defense against, but may be considered in mitigating, any disciplinary action taken by the board. The board is not precluded from commencing a disciplinary action against a veterinarian who is participating in the diversion program or has been terminated.
D. No member of the board or the impaired-veterinarian committee shall be liable for civil damages because of acts or omissions that occur in administering the provisions of this section.
History:
Laws 1993, ch. 163, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-6 - Veterinary technician examining committee; membership; terms; compensation. (Repealed effective July 1, 2030.)

A. The "veterinary technician examining committee" shall consist of five members appointed by the board of veterinary medicine. The committee shall consist of two licensed veterinarians, one member of the board and two registered veterinary technicians.
B. Committee members shall serve for terms of four years except the board member on the committee shall be appointed for one year. With the exception of the board member on the committee, the terms of committee members shall be staggered by one year. Committee members shall serve until their successors have been appointed and qualified. Any vacancy shall be filled by appointment by the board of veterinary medicine for the remainder of the unexpired term.
C. Members of the committee shall receive per diem and mileage as provided in 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:
1953 Comp., § 67-11-15.1, enacted by Laws 1975, ch. 96, § 4; 1993, ch. 163, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, rewrote Subsections A and B to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-7 - Duties of the veterinary technician examining committee. (Repealed effective July 1, 2030.)

A. The committee shall evaluate qualifications of education, skill and experience for certification of a person as a veterinary technician and provide forms and procedures for the board for certificates of qualification and for annual registration of employment.
B. The committee shall assist the board in the examination of applicants for veterinary technician certification. Such examination shall be held at least once a year at the times and places designated by the board.
History:
1953 Comp., § 67-11-15.2, enacted by Laws 1975, ch. 96, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-7.1 - Animal sheltering committee; duties. (Repealed effective July 1, 2030.)

The sheltering committee shall:
A. develop a voluntary statewide dog and cat spay and neuter program in conjunction with animal shelters and euthanasia agencies;
B. develop criteria for individuals, nonprofit organizations, animal shelters and euthanasia agencies to receive assistance for dog and cat spaying and neutering from the animal care and facility fund; provided that assistance to individuals and nonprofit organizations shall only be given to individuals who have, or to nonprofit organizations that shall only provide assistance to service recipients who have, a household income that does not exceed two hundred percent of the current federal poverty level guidelines published by the United States department of health and human services; and
C. recommend to the board the disbursements of money from the animal care and facility fund to qualifying individuals, nonprofit organizations, animal shelters and euthanasia agencies.
History:
Laws 2017, ch. 44, § 3; 2020, ch. 69, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, established a household income level for assistance for dog and cat spaying and neutering from the animal care and facility fund; in Subsection B, after "dog and cat", deleted "sterilization" and added "spaying and neutering", and after "animal care and facility fund", added "provided that assistance to individuals and nonprofit organizations shall only be given to individuals who have, or to nonprofit organizations that shall only provide assistance to service recipients who have, a household income that does not exceed two hundred percent of the current federal poverty level guidelines published by the United States department of health and human services".
Temporary provisions.
— Laws 2017, ch. 44, § 14 provided that animal sheltering board members serving as of July 1, 2018, shall continue to serve on the animal sheltering committee for a period of at least one year.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-8 - Application for license. (Repealed effective July 1, 2030.)

A. Any person desiring a license to practice veterinary medicine in this state may make written application to the board showing that the person:
(1) has reached the age of majority; and
(2) is a person of good moral character.
The application shall contain other information and proof as required by regulation of the board and, except as provided in Section 61-1-34 NMSA 1978, shall be accompanied by an application fee established by the board.
B. If the board finds that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination. If an applicant is found unqualified to take the examination, the board shall immediately notify the applicant in writing of its findings and the grounds for them.
History:
1953 Comp., § 67-11-16, enacted by Laws 1967, ch. 62, § 5; 1973, ch. 49, § 1; 1993, ch. 163, § 5; 2020, ch. 6, § 38.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
Cross references.
— For the Uniform Licensing Act,
see
61-1-1 NMSA 1978 et seq.
For age of majority,
see
28-6-1 NMSA 1978.
For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
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 made certain technical amendments; and in Subsection A, Paragraph A(2), after "the board and", added "except as provided in Section 61-1-34 NMSA 1978".
The 1993 amendment,
effective June 18, 1993, in Subsection A, substituted "person" for "veterinarian" in the introductory paragraph, deleted former Paragraph (2), which read "is a citizen of the United States or an applicant for citizenship; and", and redesignated former Paragraph (3) as Paragraph (2), making a related grammatical change; and in Subsection B, deleted "or, if the applicant is eligible for license without examination, it shall forthwith grant him a license" at the end of the first sentence and deleted "or to receive a license without examination" preceding "the board" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Veterinarians § 3.
Failure to procure license as affecting recovery for services, 30 A.L.R. 900, 42 A.L.R. 1226, 118 A.L.R. 646.
Validity, construction and effect of statutes or regulations governing practice of veterinary medicine, 8 A.L.R.4th 223.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 19, 20, 23.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-9 - Examination. (Repealed effective July 1, 2030.)

The board shall conduct at least one examination each calendar year following public notice of the time and place. Examinations shall be prepared and conducted under regulations promulgated by the board, and shall be designed to test the applicant's knowledge and proficiency in the practice of veterinary medicine. Immediately after the results of each examination are determined, the board shall notify each applicant of the results of his examination and issue a license to those applicants successfully completing it. Any applicant failing an examination shall be admitted to any subsequent examination upon payment of another application fee.
History:
1953 Comp., § 67-11-17, enacted by Laws 1967, ch. 62, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Veterinarians § 4.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 20, 23.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-11 - Certification as veterinary technician; annual registration of employment; employment change; fees. (Repealed effective July 1, 2030.)

A. No person shall perform or attempt to perform as a veterinary technician without first applying for and obtaining a certificate of qualification from the board of veterinary medicine as a veterinary technician and having his employment registered in accordance with board regulation.
B. A veterinary technician shall perform only those acts and duties assigned him by a supervising licensed veterinarian that are within the scope of practice of such supervising veterinarian, not to include diagnosis, prescription or surgery.
C. An applicant for a certificate of qualification as a veterinary technician shall complete application forms as supplied by the board of veterinary medicine, successfully complete an examination conducted by the board and pay a fee to defray the cost of processing the application and administering the examination, which fee is not returnable.
D. Each certified veterinary technician shall annually register his employment with the board of veterinary medicine, stating his name and current address, the name and office address of both his employer and supervising licensed veterinarian and such additional information as the board deems necessary. Upon any change of employment as a veterinary technician, such registration shall automatically be void. Each annual registration or registration of new employment shall be accompanied by fees set by the board for use by the board in defraying the cost of administering the Veterinary Practice Act.
History:
1953 Comp., § 67-11-18.1, enacted by Laws 1975, ch. 96, § 7; 1993, ch. 163, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, inserted "of veterinary medicine" following "board" in Subsections A and C and in the first sentence of Subsection D; deleted "of fifty dollars ($50.00)" following "pay a fee" in Subsection C; deleted the former second sentence of Subsection C, pertaining to enrollment on a roster of veterinary technicians; and deleted "in amounts not to exceed twenty dollars ($20.00)" following "by the board" in the second sentence of Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction and effect of statutes or regulations governing practice of veterinary medicine, 8 A.L.R.4th 223.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-15 - Persons previously licensed. (Repealed effective July 1, 2030.)

The board shall issue a license to any person holding a valid license to practice veterinary medicine in this state on the effective date of the Veterinary Practice Act.
History:
1953 Comp., § 67-11-22, enacted by Laws 1967, ch. 62, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction and effect of statutes or regulations governing practice of veterinary medicine, 8 A.L.R.4th 223.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-16 - Responsibility. (Repealed effective July 1, 2030.)

Every veterinarian using, supervising or employing a registered veterinary technician shall be individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician. Nothing in this section shall be construed to relieve the veterinary technician of any responsibility and liability for any of his own acts and omissions.
History:
1953 Comp., § 67-11-22.1, enacted by Laws 1975, ch. 96, § 11; 1995, ch. 154, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 1995 amendment,
effective June 16, 1995, deleted the former last sentence which read "No veterinarian may have under his supervision more than two currently registered veterinarian technicians."
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Veterinarians § 8.
Veterinarian's liability for malpractice, 71 A.L.R.4th 811.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 83 to 86.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-17 - Inoculation records; confidentiality. (Repealed effective July 1, 2030.)

Animal inoculation records maintained by any state or local public agency may be used only in protecting the public health and welfare or by any other government agency and are not public records open to inspection or duplication. Upon request, the agency shall verify, or deny, as the case may be, that the records reflect that a particular animal has received inoculations within the next preceding twelve months.
History:
1978 Comp., § 61-14-17, enacted by Laws 1995, ch. 154, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
Repeals.
— Laws 1993, ch. 163, § 13 repealed former 61-14-17 NMSA 1978, as enacted by Laws 1967, ch. 62, § 12, concerning qualifications for permits, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-18 - Practicing without license; penalty. (Repealed effective July 1, 2030.)

A. It is a misdemeanor punishable pursuant to Section 31-19-1 NMSA 1978 for a person to practice veterinary medicine without complying with the provisions of the Veterinary Practice Act and without being the holder of a license entitling the person to practice veterinary medicine in New Mexico.
B. If the board finds that a person or entity has practiced veterinary medicine without a license, the board may:
(1) impose a fine not to exceed five thousand dollars ($5,000);
(2) assess the person or entity for administrative costs, including investigative costs and the cost of conducting a hearing; and
(3) impose any other sanction as provided pursuant to board rules.
History:
1953 Comp., § 67-11-24, enacted by Laws 1967, ch. 62, § 13; 1999, ch. 243, § 4; 2017, ch. 44, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 2017 amendment,
effective July 1, 2018, provided additional penalties for practicing veterinary medicine without a license; added new subsection designation "A."; in Subsection A, after "misdemeanor", added "punishable pursuant to Section 31-19-1 NMSA 1978", after "for", deleted "any" and added "a", and after "a license entitling", deleted "him" and added "the person"; and added Subsection B.
The 1999 amendment,
effective June 18, 1999, rewrote the section which formerly read: "It is a misdemeanor for any person to engage in the practice of veterinary medicine in this state unless he is a licensed veterinarian".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-19 - Injunction. (Repealed effective July 1, 2030.)

The board or any person may bring an action in the district court to enjoin any person who is not a licensed veterinarian from engaging in the practice of veterinary medicine. If the court finds that the defendant is violating or threatening to violate the Veterinary Practice Act, it shall enter an order restraining him from the violation. Any person so enjoined who violates the injunction may be punished for contempt of court. This remedy by injunction shall be in addition to any remedy provided for criminal prosecution of the offender.
History:
1953 Comp., § 67-11-25, enacted by Laws 1967, ch. 62, § 14; 1999, ch. 243, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14-20 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted "violation" for "violating without regard to any criminal provisions of the Veterinary Practice Act" in the second sentence, and added the last two sentences.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Veterinarians § 6.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14 - Veterinary Medicine › Section 61-14-20 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2030.)

The board of veterinary medicine is terminated on July 1, 2029 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 Chapter 61, Article 14 and Chapter 77, Article 1B NMSA 1978 until July 1, 2030. Effective July 1, 2030, Chapter 61, Article 14 and Chapter 77, Article 1B NMSA 1978 are repealed.
History:
1978 Comp., § 61-14-20, enacted by Laws 1979, ch. 76, § 2; 1981, ch. 241, § 27; 1985, ch. 87, § 12; 1991, ch. 189, § 22; 1993, ch. 163, § 12; 1997, ch. 46, § 16; 2005, ch. 208, § 10; 2011, ch. 30, § 3; 2017, ch. 44, § 7; 2023, ch. 15, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "July 1, 2023" to "July 1, 2029" and changed "July 1, 2024" to "July 1, 2030".
The 2017 amendment,
effective July 1, 2017, changed "July 1, 2017" to "July 1, 2023", changed "July 1, 2018" to "July 1, 2024", and added "and Chapter 77, Article 1B".
The 2011 amendment,
effective June 17, 2011, changed the termination, operation and repeal dates.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 1997 amendment,
effective June 20, 1997, substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences.
The 1993 amendment,
effective June 18, 1993, substituted "medicine" for "examiners" in the first sentence and made a minor stylistic change in the second sentence.
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1997" for "July 1, 1991" in the first sentence and substituted "July 1, 1998" for "July 1, 1992" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-1 - Short title.

Chapter 61, Article 14A NMSA 1978 may be cited as the "Acupuncture and Oriental Medicine Practice Act".
History:
1978 Comp., § 61-14A-1, enacted by Laws 1993, ch. 158, § 9; 1997, ch. 240, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 9 repeals former 61-14A-1 NMSA 1978, as enacted by Laws 1981, ch. 62, § 1, and enacted the above section, effective June 18, 1993.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
For freedom of choice in selection of doctor of oriental medicine,
see
59A-32-22 NMSA 1978.
For prohibition of discrimination against oriental medical doctors,
see
59A-47-28.2 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 61, Article 14A" for "Sections 61-14A-1 through 61-14A-21".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Regulation of practice of acupuncture, 17 A.L.R.4th 964.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-2 - Purpose.

In the interest of the public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of acupuncture and oriental medicine, it is necessary to provide laws and regulations to govern the practice of acupuncture and oriental medicine. The primary responsibility and obligation of the board of acupuncture and oriental medicine is to protect the public.
History:
1978 Comp., § 61-14A-2, enacted by Laws 1993, ch. 158, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 158, § 10 repealed former 61-14A-2 NMSA 1978, as amended by Laws 1989, ch. 96, § 4, defining certain terms, and enacted the above section, effective June 18, 1993.