TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 7 MASSAGE THERAPISTS
PART 11 CONTINUING EDUCATION
16.7.11.1 ISSUING AGENCY: Regulation and
Licensing Department, Massage Therapy Board.
[16.7.11.1
NMAC - Rp 16.7.11.1 NMAC 11/15/2019]
16.7.11.2 SCOPE: This part applies to
licensed massage therapists.
[16.7.11.2
NMAC - Rp 16.7.11.2 NMAC 11/15/2019]
16.7.11.3 STATUTORY AUTHORITY: This part is adopted
pursuant to the Massage Therapy Practice Act, Section 61-12C-17 NMSA 1978.
[16.7.11.3
NMAC - Rp 16.7.11.3 NMAC 11/15/2019]
16.7.11.4 DURATION: Permanent.
[16.7.11.4
NMAC - Rp 16.7.11.4 NMAC 11/15/2019]
16.7.11.5 EFFECTIVE DATE: November 15, 2019,
unless a later date is cited at the end of a section.
[16.7.11.5
NMAC - Rp 16.7.11.5 NMAC 11/15/2019]
16.7.11.6 OBJECTIVE: This part is to
establish the continuing education requirements and procedures and to ensure that licensed massage
therapists provide the highest quality professional service. Therefore, licensees should engage in
education activities that foster this objective.
[16.7.11.6
NMAC - Rp 16.7.11.6 NMAC 11/15/2019]
16.7.11.7 DEFINITIONS: (Refer to 16.7.1.7 NMAC).
[16.7.11.7
NMAC - Rp 16.7.11.7 NMAC 11/15/2019]
16.7.11.8 GENERAL PROVISIONS:
The board does not maintain a list of continuing education
providers. The licensee must determine
where to obtain the required continuing education.
A. As a condition
for license renewal, each massage therapist licensed pursuant to the Massage
Therapy Practice Act must complete
16 hours of continuing education of which up to eight hours can be taken
on-line.
(1) continuing education must be completed within the 24 months
immediately preceding the renewal date of October 31;
(2) excess hours cannot be carried over to future renewals;
(3) continuing education taken prior to the 24 month period will
not be accepted;
(4) each licensee will maintain documentation of all completed
continuing education, including contact information for the provider of each
course.
B. Audit process: The board will audit continuing education
to verify compliance.
(1) a minimum of ten percent of renewing licensees will be
randomly selected for audit;
(2) audit requests may be included in the renewal notice;
(3) licensees not selected for audit shall attest to the completion of continuing education for the current renewal cycle;
(4) the board may audit any licensee’s continuing education
records at any time before the next scheduled license renewal;
(5) audited licensees who fail to provide the requested
continuing education documentation are not eligible for license renewal.
[16.7.11.8
NMAC - Rp 16.7.11.8 NMAC 11/15/2019]
16.7.11.9 CONTINUING EDUCATION REQUIREMENTS:
A. The board will accept, towards a licensee’s continuing education requirements, courses, seminars, workshops, or classes in an area related to the practice of massage therapy. This includes, but is not limited to:
(1) massage;
(2) bodywork;
(3) health care;
(4) psychology;
(5) anatomy and physiology;
(6) business;
(7) insurance;
(8) ethics;
(9) professional development;
(10) movement therapy;
(11) stress management; and
(12) exempt modalities as defined by Section 61-12C-5.1 NMSA 1978.
B. The
board will also accept, towards a licensee’s continuing education requirements,
a licensee’s publication of an
article relating to massage therapy in a local, regional, or national publication.
No more than 12 hours
of continuing education credit shall be granted in any given renewal period for
the publication of such an article. The number of continuing education hours shall
be determined by the massage therapy board, provided that in the interim the
board’s staff may grant the continuing education hours to then be ratified at
the next regular meeting of the board.
C. All massage
therapists shall be required to complete a minimum of four hours of ethics training
as part of the 16-hour requirement for each renewal period.
D. All massage
therapists shall be required to complete a minimum of eight hours of live,
in-person training as part of the 16-hour requirement for each renewal period.
E. Continuing
education courses are the responsibility of every massage therapy licensee, and
it is the obligation of each licensee to comply with these rules. A licensee’s lack of knowledge as to whether a
continuing education course was previously approved by the board will not be a
valid justification or defense for a licensee’s failure to comply with continuing
education requirements.
[16.7.11.9
NMAC - Rp 16.7.11.9 NMAC 11/15/2019]
16.7.11.10 CONTINUING EDUCATION COURSES TAUGHT
BY CONTINUING EDUCATION PROVIDERS:
A. The
board will accept all courses offered by a continuing education provider, as
defined in 16.7.1 NMAC and Section 61-12C-3 NMSA 1978, towards a licensee’s
continuing education requirements regardless of the location at which the
course is taught.
B. Any continuing
education provider who was an active New Mexico registered independent massage
therapy instructor on February 4, 2019, must provide both the course syllabus
and the required fee for each new course not previously approved by the board
prior to such course being counted towards a licensee’s continuing education
requirements. This is a one-time
requirement per continuing education course.
C. A course taught
by a continuing education provider, as defined in Subsection 7 of 16.7.1 NMAC who
was not an active New Mexico registered independent massage therapy instructor
on February 4, 2019, does not require prior approval by the board before being
counted towards a licensee’s continuing education requirements.
[16.7.11.10
NMAC - Rp 16.7.11.10 NMAC 11/15/2019]
16.7.11.11 OTHER CONTINUING EDUCATION COURSES:
A. Applicants seeking the board’s approval of other continuing education courses must submit the following documentation to the board:
(1) completed application form;
(2) course syllabus for the proposed course;
(3) copy of any license, registration, or certification applicable to the course, if offered by the applicant’s home jurisdiction;
(4) proof of a minimum of two years’ experience in the area of instruction;
(5) applicant’s up-to-date resume;
(6) fee as outlined by 16.7.3.8 NMAC.
B. Technique courses will only be accepted towards a licensee’s continuing education requirements if taught hands-on and live, in-person.
C. Provided that the applicant has submitted a complete application, the board will approve or deny the course’s use towards a licensee’s continuing application requirements based on the following non-exhaustive factors:
(1) whether the applicant has violated any of the board’s rules or the Massage Therapy Practice Act;
(2) whether the applicant has any recent administrative disciplinary history in New Mexico or any other jurisdiction;
(3) whether the applicant was dishonest in his or her application, or has a history of criminal offenses that substantially relate to the practice of massage therapy or a failure to pay child support; and
(4) any other factor deemed relevant by the board.
D. Upon receipt of a complete application, the board’s staff shall, with the consultation of the board’s application committee, make a preliminary and tentative recommendation as to whether the application should be approved or denied. This recommendation will be conveyed to the applicant in writing within 30 days of the board’s receipt of the completed application. The final decision will be made by the board at its next regularly-scheduled meeting.
E. In the event that the board’s staff tentatively recommends the denial of an application, the applicant may request in writing the opportunity to be heard at the next regularly-scheduled board meeting. Where the applicant has made a request to be heard and the board votes to deny the application, the board will issue a final written decision no later than 15 business days following the board’s meeting.
[16.7.11.11 NMAC - Rp 16.7.11.11 NMAC 11/15/2019]
HISTORY OR 16.7.11 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
State Records Center and Archives under:
Rule
10, Continuing Education, 9/3/1993.
History of Repealed Material: 16.7.11 NMAC - Massage Therapists -
Continuing of Education filed 5/29/2001, Repealed effective 11/15/2019.
Other History:
16.7.11
NMAC - Massage Therapists - Continuing of Education filed 5/29/2001 was replaced by 16.7.11
NMAC - Massage Therapists - Continuing of Education filed 5/29/2001effective 11/15/2019.