New
Mexico Register / Volume XXXIV, Issue 5 / March 14, 2023
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 7 MASSAGE
THERAPISTS
PART 4 REQUIREMENTS
FOR LICENSURE BY EXAMINATION
16.7.4.1 ISSUING
AGENCY: Regulation and Licensing Department,
Massage Therapy Board.
[16.7.4.1
NMAC - Rp, 16.7.4.1 NMAC, 03/14/2023]
16.7.4.2 SCOPE: This part applies to applicants for
licensure.
[16.7.4.2
NMAC - Rp, 16.7.4.2 NMAC, 03/14/2023]
16.7.4.3 STATUTORY
AUTHORITY: These rules are promulgated pursuant to the Massage
Therapy Practice Act, Sections 61-12C-1 to -28 NMSA 1978.
[16.7.4.3
NMAC - Rp, 16.7.4.3 NMAC, 03/14/2023]
16.7.4.4 DURATION: Permanent.
[16.7.4.4
NMAC - Rp, 16.7.4.4 NMAC, 03/14/2023]
16.7.4.5 EFFECTIVE
DATE: March 14, 2023, unless a later
date is cited at the end of a section.
[16.7.4.5
NMAC - Rp, 16.7.4.5 NMAC, 03/14/2023]
16.7.4.6 OBJECTIVE: The
objective of Part 4 is to promote, preserve and protect the public health,
safety and welfare by regulating and setting professional standards for
applicants for licensure by examination and temporary licensure.
[16.7.4.6
NMAC - Rp, 16.7.4.6 NMAC, 03/14/2023]
16.7.4.7 DEFINITIONS: (Refer to 16.7.1.7 NMAC).
[16.7.4.7
NMAC - Rp, 16.7.4.7 NMAC, 03/14/2023]
16.7.4.8 LICENSE
OR REGISTRATION REQUIRED:
A. Massage therapists:
A person must be licensed by the board in order to legally provide
or offer to provide massage therapy as defined in 16.7.1.7 NMAC; or to use the
title or represent themselves to be a massage therapist; or to use any other
title, abbreviations, letters, figures, signs or devices that indicate the
person is a massage therapist.
B. Massage therapy schools:
Massage therapy schools must be registered by the board, as set
forth in 16.7.5 NMAC, before they can legally operate and offer education,
instruction or training in massage therapy.
[16.7.4.8
NMAC - Rp, 16.7.4.8 NMAC, 03/14/2023]
16.7.4.9 LICENSURE
EXEMPTIONS:
A. The following are exempted from licensure by the
board pursuant to the Massage Therapy Practice Act:
(1) qualified members of other recognized
professions that are licensed or regulated under New Mexico law when rendering
services within the scope of their licenses or regulations, provided that they
do not represent themselves as massage therapists;
(2) students within the course of study
of a registered massage therapy school; and
(3 sobadores;
Hispanic traditional healers; Native American healers; reflexologists whose
practices are limited to hands, feet and ears; practitioners of polarity,
Trager approach, Feldenkrais method, craniosacral therapy, Rolfing structural
integration, reiki, ortho-bionomy or ch'i gung; or practitioners of healing
modalities not listed in this subsection who do not manipulate the soft tissues
for therapeutic purposes.
B. An exempt practitioner who applies for a license pursuant
to the Massage Therapy Practice Act shall comply with all licensure
requirements of the act and rules of the board.
[16.7.4.9
NMAC - Rp, 16.7.4.9 NMAC, 03/14/2023]
16.7.4.10 GENERAL
PROVISIONS FOR LICENSURE BY EXAMINATION:
A. Age: The
applicant must be 18 years of age or older on the date the application is
submitted.
B. Pre-requisite education:
The applicant must have completed high school or its equivalent.
C. 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.
D. Application form: The
applicant must complete the application on an approved form; incomplete applications
will not be accepted or will be returned to the applicant.
E. First Aid and cardiopulmonary resuscitation (CPR): The applicant must have completed
four 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 certification
in basic life support. 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, 03/14/2023]
16.7.4.11 MASSAGE
SCHOOL REQUIREMENT: The
applicant for licensure by examination as a massage therapist must have
graduated from a massage therapy school approved to operate as a private
post-secondary educational institution or its equivalent.
A. Out-of-state or multiple schools: The applicant who has graduated from an
out-of-state massage therapy school or who has attended more than one massage
therapy school must make arrangements for the school to provide the following
items.
(1) the board's form “A” completed
and submitted directly to the board by the massage therapy school(s) that the
applicant attended as provided in 16.7.4.13 NMAC;
(2) an official transcript submitted
directly to the board by the school(s) that meets the requirements in
Subsection B of 16.7.4.11 NMAC;
(3) proof that the school is approved to
operate as a private post-secondary educational institution or its equivalent. The respective state’s department of higher
education usually grants this approval. The
name of the agency or entity may vary from state to state.
B. Official transcripts of massage
therapy training: The
applicant shall make arrangements for official transcript(s) to be sent
directly to the board by the educational institution documenting that the
applicant has completed the minimum curricula of 650 hours of massage therapy
training as provided in 16.7.4.12 NMAC.
(1) if more than one massage therapy
school was attended, at least one official transcript must document a minimum
of 300 class hours of training in massage therapy as defined in 16.7.4.7 NMAC
above;
(2) continuing education (CE) or
continuing education units (CEU) may be accepted toward the educational
requirements for licensure;
(3) if official transcripts are not
available due to unusual circumstances (example: school closure, destroyed records), the
applicant will be responsible to provide satisfactory evidence to the board of
completion of the required massage therapy training. The board shall consider such documentation on
a case-by-case basis.
[16.7.4.11
NMAC - Rp, 16.7.4.11 NMAC, 03/14/2023]
16.7.4.12 MINIMUM
CURRICULA OF MASSAGE THERAPY TRAINING:
The applicant for licensure by examination must have completed at
least the 650 hour minimum curricula of massage therapy training. The massage
therapy training must meet the following minimum curriculum requirements:
A. one hundred sixty five (165) hours minimum of
anatomy and physiology, to include:
(1) physiology;
(2) anatomy;
(3) kinesiology; and
(4) 40 hours minimum of pathology.
B. one hundred fifty (150) hours minimum of
training in massage therapy as defined in 16.7.1.7 NMAC.
(1) the massage therapy training shall
include contraindications of massage therapy;
(2) a minimum of 100 hours of hands
on training must be completed before the student is allowed to begin a clinical
practicum as defined in 16.7.1.7 NMAC.
C. seventy-five hours minimum
of general instruction to include.
(1) business; effective October 31, 2021,
minimum of 20 hours;
(2) hydrotherapy; effective October 31,
2021, minimum of eight hours;
(3) 30 hours minimum of professional
ethics;
(4) four hours of first aid; and
(5) four hours of cardiopulmonary
resuscitation to include automatic external defibrillation (CPR/AED).
D. Electives may include:
(1) additional massage therapy;
(2) related hands-on modalities;
(3) additional anatomy and
physiology;
(4) clinical practicum (not to exceed
150 hours);
(5) counseling;
(6) herbology;
(7) homeopathy;
(8) nutrition;
(9) breathing and stretching
techniques;
(10) theory; and
(11) other courses with prior board
approval. See 16.7.4.14 NMAC for instructions.
E. The total number of hours in
the massage therapy program is a minimum of 650 hours.
F. If an applicant is missing a
core curriculum course or is missing a small portion of the core curriculum to
complete the 650 hour requirement, the applicant may obtain the training
course(s) from a continuing education provider, or from a massage therapy
school that meets the requirements in 16.7.4.13 NMAC.
G. The board will accept professional work experience (not
to exceed 150 hours) from applicants with documented proof accounting for all
hours by completing Form C. These hours
must have been performed legally and the applicant must provide proof of
licensure or registration during the time the work was performed.
[16.7.4.12
NMAC - Rp, 16.7.4.12 NMAC, 03/14/2023]
16.7.4.13 FORM
“A” FROM MASSAGE SCHOOL REQUIREMENT:
A. The following circumstances require that the
applicant’s massage school(s) submit a completed “form A for massage school” to
the board office along with an official transcript and proof that the massage
therapy school(s) is/was approved to operate as a private post-secondary
educational institution or its equivalent at the time the applicant attended
the school(s):
(1) if the applicant attended a massage
school that is located out-of-state; or
(2) if the applicant has attended
more than one massage therapy school whether in-state or out-of-state; or
(3) if the applicant graduated from a
massage therapy school more than two years ago.
B. The “form A for massage school” contains four
sections corresponding to Subsections A, B, C, and D of 16.7.4.12 NMAC, and
each section must be completed correctly to prevent delays in the applicant’s
licensure process.
(1) an hourly breakdown must be
provided for each course/category/subject listed that the school provided in
the curriculum that the applicant completed. If a subject is taught within
another subject, the school should provide a written explanation on school
letterhead and attached to the form “A”;
(2) If there are no hours specified next
to a course/category/subject, it will be an indication to the board that the
course/category/subject was not part
of the school’s curriculum.
[16.7.4.13
NMAC - Rp, 16.7.4.13 NMAC, 03/14/2023]
16.7.4.14 ELECTIVE
COURSES IN THE “OTHER” CATEGORY: If an
applicant has attended a massage therapy training program that is not a
registered massage therapy school or provides proof of completion of elective
courses that falls under the "other" category in Paragraph (11) of
Subsection D of 16.7.4.12 NMAC, the course(s) will be reviewed on a
case-by-case basis and may be accepted by the board. The applicant must provide
the following.
A. A separate written request for consideration of the
course(s).
B. An official transcript that clearly names the
course(s) to be considered.
C. A copy of the school catalog that clearly describes the
course(s) to be considered. In accordance with Paragraph (2) of Subsection B of
16.7.4.11 NMAC, continuing education will NOT be accepted.
D. An administrative review fee as set forth in
Paragraph (7) of Subsection A of 16.7.3.8 NMAC.
[16.7.4.14
NMAC - Rp, 16.7.4.14 NMAC, 03/14/2023]
16.7.4.15 DOCUMENTS
IN A FOREIGN LANGUAGE: Any document
submitted in a foreign language must be accompanied by an accurate translation
in English.
A. each translated document must bear the affidavit of
the certified translator attesting to it being a true and complete translation
of the original document;
B. the affidavit must also contain the translator's
contact information, including name, address and phone number of the
organization that granted the translator certification;
C. each translated document must bear a notary seal and
signature swearing that the document is that of the applicants; and
D. translation of any document relevant to a person's application
will be at the expense of the applicant.
[16.7.4.15
NMAC - Rp, 16.7.4.15 NMAC, 03/14/2023]
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 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).
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, 03/14/2023]
16.7.4.17 SPECIFIC
PROVISION FOR PERMANENT LICENSURE: The
applicant must meet all the requirements set forth in 16.7.4.10 through
16.7.4.15 NMAC, in addition to the following requirements:
A. Jurisprudence examination: The applicant for permanent licensure
must successfully pass the board's jurisprudence examination as set forth in
16.7.10.8 NMAC.
B. Pass a licensing or certification exam approved by
the board (including MBLEx, NCETM or NCETMB), and
must make arrangements for the national examining
agency to send official examination results, as defined in 16.7.4.7 NMAC,
directly to the board.
C. Licensure fee: Upon
written notification, sent by the board that the applicant has met all other
requirements for licensure, the applicant must submit the initial license fee
as stated in the notification based on the fee structure set forth in
Subsection A of 16.7.3.8 NMAC.
(1) the initial licensure fee must be
paid in full before the permanent license will be issued;
(2) if the applicant fails to pay the
initial license fee within 30 days of receipt of the notification of approval,
the application will be deemed withdrawn and subject to the provisions in
16.7.4.19 NMAC.
[16.7.4.17
NMAC - Rp, 16.7.4.17 NMAC, 03/14/2023]
16.7.4.18 APPLICATION
EXPIRATION, WITHDRAWAL, AND DESTRUCTION:
A. Expiration or withdrawal of
application: The
application for licensure expires as follows and all previously paid fees will
be forfeited if:
(1) the applicant fails to complete all
requirements for temporary or permanent licensure within one year from the date
the applicant's application file is started by board office staff; or
(2) the applicant withdraws the
application, either by notifying the board in writing or by not paying the
initial license fee within the time allowed in Subsection C of 16.7.4.17 NMAC.
B. If the applicant still wishes to seek licensure after
the application has expired or been withdrawn and it is still within one year
after the application expired was withdrawn, the applicant shall complete the
following procedure.
(1) submit a "reapplication form for
withdrawn or expired application;”
(2) submit whatever the application fee
is at the time of reapplication;
(3) complete any other requirements
or submit any other documentation pending when the application was expired or
withdrawn.
C. Application destruction:
The board will maintain the expired or withdrawn application file
for a period of one year after the expiration or withdrawal date.
(1) after that date, the file will be
purged from the board's records and destroyed;
(2) the applicant whose application has
been purged from the board's records must complete the entire application
process again if, in the future, they are interested in licensure.
D. Temporary license unavailable: The
option for a temporary license will no longer be available to a person whose
application has expired, been withdrawn, or been destroyed from the board's
records.
[16.7.4.18
NMAC - Rp 16.7.4.19 NMAC, 03/14/2023]
16.7.4.19 INITIAL
LICENSE PERIOD: Initial
licenses, including initial licenses issued to applicants for expedited
licensure by credentials, shall be issued for a period of up to two years,
depending on when in the renewal cycle the initial license is issued, in order to schedule the license to renew on October 31.
A. The first renewal cycle may be for as short a period as
one year and the initial license fee may be prorated accordingly based on the
fee structure set forth in Subsection A of 16.7.3.8 NMAC.
B. After the license is renewed the first time, the license
will be scheduled into a biennial cycle and will be renewed every two years.
[16.7.4.19
NMAC - Rp 16.7.4.20 NMAC, 03/14/2023]
16.7.4.20 DISPLAY
OF LICENSE: While performing
massage therapy the, licensee must display their
current license to practice massage therapy in a conspicuous place of their
practice location or place of their business.
[16.7.4.20
NMAC - Rp 16.7.4.21 NMAC, 11/15/2019]
16.7.4.21 ADDRESS
AND EMPLOYMENT PRACTICE CHANGES: It
is the licensee’s responsibility to provide written notification to the board
of any changes in addresses, phone numbers, and practice location(s) within 30
days in order that renewal notices and other correspondence from the board will
be received by the licensee in a timely manner, and in order
for the board to be able to maintain accurate licensing records. A form is available for this purpose from the
board office or from the board's website at www.rld.state.nm.us, or a letter to
the board advising of the changes will also be adequate.
[16.7.4.21
NMAC - Rp 16.7.4.22 NMAC, 03/14/2023]
16.7.4.22 ELECTRONIC
APPLICATIONS: In accordance with the
Uniform Electronic Transactions Act, Sections 14-16-1 through 14-16-21 NMSA
1978, the board or its designee will accept electronic application.
A. A person seeking licensure as a New
Mexico massage therapist or registrant may do so by submitting an electronic
application. Applicants shall submit all
information as required by 16.7.4 NMAC.
B. A massage therapist may renew his or her license, and
a registrant may renew his or her registration, electronically through a
designated website provided by the board. A person renewing his or her license or
certificate shall submit all documentation as required by 16.7.12 NMAC.
C. A massage therapist or registrant who is currently on
inactive status may submit an electronic applications
requesting reactivation of his or her license or registration. A person requesting reactivation of his or her
license or registration shall submit all documentation as required by the
Massage Therapy Practice Act, Section 61-12C-18 NMSA 1978, and 16.7.12.9 and
16.7.12.15 NMAC.
D. A person whose massage therapy license or registration
has been suspended or revoked, or has expired, may in accordance with the
Massage Therapy Act, the board’s rules and any lawful board or court order,
submit an electronic application seeking reinstatement. Applicants shall submit all information as
required by the Massage Therapy Practice Act, NMSA 1978. Chapter 61, Article 12C NMSA and the board’s
rules.
[16.7.4.22
NMAC - Rp 16.7.4.23 NMAC, 03/14/2023]
16.7.4.23 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 16.7.4.24 NMAC.
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 16.7.4.24
NMAC.
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.
[16.7.4.23
NMAC - Rp 16.7.4.24 NMAC, 03/14/2023]
16.7.4.24 [RESERVED]
HISTORY OF 16.7.4 NMAC:
Pre-NMAC History: The material in this part is derived
from that previously filed with the State Records Center and Archives under: Rule 92-2, Requirements for Licensure,
1/17/1992.
Rule
92-2, Requirements for Licensure, 9/9/1992;
Regulation
2, Requirements for Licensure, 1/5/1994;
Rule
92-3, Licensure Without Examination, 1/17/1992;
Rule
92-3, Licensure by Credentials, 9/9/1992;
Regulation
3, Licensure by Credentials, 1/5/1994;
Rule
92-4, Application Procedure, 1/17/1992;
Rule
92-4, Application Procedure, 9/9/1992;
Regulation
4, Application Procedure, 1/5/1994;
Rule
92-5, Provisional License, 1/17/1992;
Rule
92-5, Provisional License, 9/9/1992;
Regulation
5, Temporary License, 1/5/1994.
History of Repealed Material:
16
NMAC 7.4, Requirements for Licensure - Repealed 12/24/1999.
16.7.4
NMAC, Requirements for Licensure - Repealed 5/29/2001.
16.7.4
NMAC, Requirements for Licensure filed 6/28/2005, Repealed 11/15/2019.
16.7.4
NMAC, Requirements for Licensure filed 10/16/2019, Repealed 03/14/2023.
Other History:
16.7.4
NMAC, Requirements for Licensure filed 6/28/2005 was replaced by 16.7.4 NMAC,
Requirements for Licensure effective 11/15/2019.
16.7.4
NMAC, Requirements for Licensure filed 10/16/2019 was replaced by 16.7.4 NMAC,
Requirements for Licensure effective 03/14/2023.