New Mexico
Register / Volume XXXIII, Issue 6 / March 22, 2022
This is an amendment to 16.7.4
NMAC, Section 10 and 16 and adding a new Section 24 effective 04/09/2022.
16.7.4.10 GENERAL PROVISIONS FOR LICENSURE:
A. Age: The applicant must be 18 years of age or
older on the date the application is submitted.
B. Pre-requisite
education to massage therapy training: The applicant must have completed high school
or its equivalent.
C. Photograph: The applicant must provide a 2"x
2" passport photo taken
of the applicant within the six months prior to making application for
licensure.
D. Application fee: The applicant must pay the required
application-processing fee as set forth in Subsection D of 16.7.3.8 NMAC of the
board's regulations.
E. Board-approved application form: The
applicant must provide a completed, legible board-approved application form
that must either be typed or printed in black ink, along with any other
documents required in the board’s application process.
(1) incomplete
application for licensure forms will be returned to the applicant for
completion;
(2) faxed
application for licensure forms will not be accepted.
F. First Aid and
Cardiopulmonary Resuscitation (CPR):
The applicant must have completed four [(4)] contact course hours
of cardiopulmonary resuscitation (CPR) to include automatic external
defibrillator (CPR/AED) and four contact course hours of first aid and must
provide proof, with the application, of current accepted by certification
in basic life support [EMS safety services, the American heart association,
pro-training, LLC,
or the American red cross. ] No on-line courses will be accepted. Courses must be maintained in current
standing.
[16.7.4.10
NMAC - Rp, 16.7.4.10 NMAC, 11/15/2019; A, 04/09/22]
16.7.4.16 SPECIFIC PROVISIONS FOR A TEMPORARY LICENSE: A license issued one time only for a maximum period of three months to practice massage therapy while the application for permanent license is in process, and which may only be issued to applicants who have never sat for a licensing examination.
A. Qualifications for
temporary license:
(1) the
applicant for temporary license must meet all the requirements set forth in
Sections 16.7.4.10 through 16.7.4.15 NMAC;
(2) the applicant for temporary license must not have previously sat for a certification examination for therapeutic massage and bodywork (NCETMB), the national certification examination for therapeutic massage (NCETM), the massage board licensing examination (MBLEx), or other examining or certification agency approved by the board;
(3) the
applicant may obtain a temporary license while waiting to sit for the national
examination;
(4) upon
submitting the application for licensure, the applicant for a temporary license
must submit a temporary license fee, as set forth in Subsection D of 16.7.3.8
NMAC;
(5) the
board may deny issuance of a temporary license for the same reasons a permanent
license may be denied.
B. Issuance of the
temporary license:
(1) the
applicant for temporary license may not begin work until the temporary license
has been issued by the board, has been received by the licensee, and has been
publicly posted in principal place of practice;
(2) the
temporary licensee may not advertise
in the yellow pages or other similar advertising book;
(3) the
temporary licensee must keep the board informed at all times of any change in
address and contact phone number(s);
[ (4) if
the temporary license has not yet expired and the board receives official
notice that the temporary licensee has passed a national examination, the
temporary license will automatically become null and void. Provided that all other requirements have
been met, a permanent license will be issued when payment of the initial
license fee has been made.]
C. Surrender of
temporary license required:
(1) if
a temporary license holder fails the national examination, the temporary
license immediately becomes null and void and must be surrendered directly to
the board office within 15 days of the examination date; and the privileges to
practice authorized by the temporary license are no longer valid;
(2) Expired
or null and void temporary licenses shall be surrendered to the board;
(3) If
an applicant, who holds a temporary license that must be surrendered, has
misplaced or lost the temporary license and cannot return it to the board as
required, the applicant must provide the board with an affidavit attesting that
the license has been lost or misplaced and that the applicant is no longer
practicing massage therapy.
[16.7.4.16
NMAC - Rp, 16.7.4.16 NMAC, 11/15/2019; A, 04/09/2022]
16.7.4.24 CRIMINAL CONVICTIONS:
A. Convictions for
any of the following offenses, or their equivalents in any other jurisdiction,
are disqualifying criminal convictions that may disqualify an applicant from
receiving or a licensee retaining a license issued by the board:
(1) homicide or manslaughter;
(2) kidnapping, false imprisonment,
aggravated assault or aggravated battery;
(3) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, promoting prostitution,
accepting the earnings of a prostitute, human trafficking, willfully or
knowingly failing to comply with the registration or verification requirements
of the sex offender registration and notification act, or other related felony sexual offenses;
(4) crimes involving robbery, larceny,
extortion, burglary, bribery, fraud, forgery, embezzlement, credit card fraud,
or receiving stolen property;
(5) failure
to comply with a proclamation of the governor; or
(6) an attempt, solicitation, or
conspiracy involving any of the felonies in this subsection.
B. The board shall
not consider the fact of a criminal conviction as part of an application for
licensure or licensure renewal unless the conviction in question is one of the
disqualifying criminal convictions listed in Subsection A of this rule.
C. The board shall
not deny, suspend or revoke a license on the sole basis of a criminal
conviction unless the conviction in question is one of the disqualifying
criminal convictions listed in Subsection A of 16.7.4.24 NMAC.
D. Nothing in this
rule prevents the board from denying an application or disciplining a licensee
on the basis of an individual’s conduct to the extent that such conduct
violated the Massage Therapy Practice Act, regardless of whether the individual
was convicted of a crime for such conduct or whether the crime for which the
individual was convicted is listed as one of the disqualifying criminal
convictions listed in Subsection A of this rule.
E. In connection
with an application for licensure or license renewal, the board shall not use,
distribute, disseminate, or admit into evidence at an adjudicatory proceeding
criminal records of any of the following:
(1) an
arrest not followed by a valid conviction;
(2) a
conviction that has been sealed, dismissed, expunged or pardoned;
(3) a
juvenile adjudication; or
(4) a
conviction for any crime other than the disqualifying criminal convictions
listed in Subsection A of 16.7.4.21 NMAC.
[16.7.4
NMAC - N, 04/09/2022]