SB 200 — MASSAGE THERAPY ACT

The board shall e a n b 24 establish by rule the duration of stay for a visiting massage u [ therapy instructor;

and .211932.1 - 5 - D.] C.

reflexologists whose practices are limited SB 200 Page 4 to hands, feet and ears;

An exempt practitioner who applies for a license [or registration ] pursuant to the Massage Therapy Practice Act shall comply with all licensure requirements of that act." SECTION 4.

adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the e e 17 Massage Therapy Practice Act, in accordance with the provisions e e n d 18 of the Uniform Licensing Act;

= = l ] 19 B.

provide for the evaluation of the qualifications a l r i 20 of applicants for licensure as a massage therapist or t e a t registration as a massage therapy school under the Massage m m 21 e d r e 22 Therapy Practice Act;

c e r c 23 C.

provide for the issuance of massage therapist e a n b 24 licenses [or registrations] to applicants who meet the u [ requirements of the Massage Therapy Practice Act;

.211932.1 - 6 - D.

establish minimum curricula for massage therapy schools and provide for the issuance and revocation of SB 200 Page 5 massage therapy school registrations;

establish instructor qualifications for hands-onhands- on massage therapy instruction within the minimum curricula;

6 [D.] F.

[E.] G.

[orH. registration as a massage therapy instructor;

F.]pursuant H.to the Uniform Licensing Act, conduct hearings on charges against applicants or licensees and take actions described in Section 61-1-3 NMSA 1978;

pursuantI. to the Uniform Licensing Act, conduct hearings on charges against applicants or licensees [or registrants] and take actions described in Section 61-1-3 NMSA 1978;

]bring I.an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Massage Therapy Practice Act;

bringJ. an action for injunctive relief in [G.

eissue ecease 17and districtdesist courtorders seeking to enjoinpersons aviolating personthe fromprovisions violatingof the eMassage eTherapy nPractice dAct 18or provisionsany ofrule adopted by the Massageboard Therapypursuant Practiceto Act;that act;

=K. = l ] 19 [H.] J.

issue cease and desist orders to persons a l r i 20 violating the provisions of the Massage Therapy Practice Act or t e a t any rule adopted by the board pursuant to that act;

m m 21 e d r e 22 [I.] K.

c e r c 23 [J.] L.

adopt a code of professional conduct for e a n b 24 massage therapists;

u [ [K.] M.

provide for the investigation of complaints .211932.1 - 7 - against licensees and registrantsregistrants; ;

and [L.] N.

publish at least annually combined or separate lists of licensed massage therapists [registered massage therapy instructors] and registered massage therapy schools." SB 200 Page 6 SECTION 5.

REQUIREMENTS FOR LICENSURE OF MASSAGE THERAPISTSTHERAPISTS.-- [AND REGISTRATION OF MASSAGE THERAPY INSTRUCTORS ].-- A.

The board shall issue a license to practice massage therapy to any [person ] individual who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant:

and e e 17 (3) has completed at least six hundred fifty e e n d 18 hours [in length ] of education that includes at least five = = l ] 19 hundred hours of massage therapy instruction.

aB. l r i 20 [B.

TheAn boardinitial shalllicense registerissued aspursuant ato massagethis therapysection tmay ebe for a tperiod instructorof anyup applicantto who:two years pursuant to board rule." SECTION 6.

m m 21 e d r e 22 (1) is currently licensed as a massage c e r c 23 therapist;

and e a n b 24 (2) has completed the educational and u [ experience requirements established by the board, which .211932.1 - 8 - requirements shall meet minimum standards of training and curriculum for massage therapy instructors established by the board.

C.] B.

An initial license [or registration] issued pursuant to this section may be for a period of up to two years pursuant to board rule." SECTION 6.

SB 200 Page 7 B.

The board shall specify by rule the general areas of competency to be covered by examinations for licensure and ensure that the examinations measure adequately both an applicant's competency and knowledge of related statutory requirements.

Professional testing services may be utilized for the examinations." SECTION 7.

Section 61-12C-17 NMSA 1978 (being Laws 1991, Chapter 147, Section 17, as amended) is amended to read:

"61-12C-17.

LICENSE RENEWAL--CONTINUING EDUCATION.-- A.

Except as provided for initial licensure in Subsection B of Section 61-12C-9 NMSA 1978, massage therapy licenses shall expire biennially.

Expiration dates shall be established by rule.

The board shallmay specifyestablish bycontinuing ruleeducation therequirements generalas areasa condition of competency to be covered by examinations for licensure and ensure that the examinationsrenewal measure adequately both an e e 17 applicant's competency and knowledge of relatedmassage statutorytherapy elicenses. e n d 18 requirements.

Professional testing services may be utilized = = l ] 19 for the examinations." a l r i 20 SECTION 7.

Section 61-12C-17 NMSA 1978 (being Laws 1991, t e a t Chapter 147, Section 17, as amended) is amended to read:

m m 21 e d r e 22 "61-12C-17.

LICENSE [OR REGISTRATION ] RENEWAL--CONTINUING c e r c 23 EDUCATION.-- e a n b 24 A.

Except as provided for initial licensure in u [ Subsection B of Section 61-12C-9 NMSA 1978, massage therapy .211932.1 - 9 - licenses [and massage therapy instructor registrations ] shall expire biennially.

[Massage therapy school registrations shall expire annually.] Expiration dates shall be established by rule.

] B.

The board may establish continuing [educational education requirements as a condition of the renewal of massage therapy licenses [and massage therapy instructor registrations].

A continuing education provider who is an individual who was an active New Mexico registered independent massage therapy instructor on the effective date of this 2019 act shall submit to the board a syllabus and one-timeSB fee200 forPage e8 eone-time 17fee for any course not previously approved by the board.

e e n d 18 E.

Within thirty days of application, the board may = = l ] 19 approve or deny the application of an individual who is not a a l r i 20 continuing education provider to offer a particular continuing t e a t education course;

m m 21 e d r e 22 (1) a copy of any relevant license;

c e r c 23 (2) proof of a minimum of two years' e a n b 24 experience in the area of instruction;

u [ (3) a course syllabus for the proposed course;

.211932.1 - 10 - (4) a resume;

[C.] F.

A license [or registration] shall be renewed by submitting a renewal application on a form provided by the board.

[D.] G.

A sixty-day grace period shall be allowed each [license or registration holder ] licensee after the end of the renewal period, during which time a license [or registration] may be renewed upon payment of the renewal fee and a late fee as prescribed by the board." SECTION 8.

INACTIVE STATUS.-- SB 200 Page 9 A.

A massage therapy license [or massage therapy instructor registration] not renewed at the end of the sixty-sixty-day e e 17 day grace period shall be placed on inactive status for a e e n d 18 period not to exceed two years.

At the end of two years, if = = l ] 19 the license [or registration ] has not been reactivated, it a l r i 20 shall automatically expire.

t e a t B.

If within a period of two years from the date m m 21 e d r e 22 the license [or registration ] was placed on inactive status the c e r c 23 [massage therapist or massage therapy instructor ] licensee e a n b 24 wishes to resume practice, the [board shall be notified] u [ licensee shall notify the board in writing, and, upon proof of .211932.1 - 11 - completion of any continuing education or refresher courses prescribed by rule of the board and payment of an amount set by the board in lieu of all lapsed renewal fees, the license [or registration] shall be restored in full." SECTION 9.

ADVERTISING.--A massage therapist [massage therapist instructor] or massage therapy school [licensed or registered pursuant to the Massage Therapy Practice Act ] shall include the number of the license or registration and the designation as a "licensed massage therapist" ["registered massage therapy instructor"] or "registered massage therapy school" in any advertisement of massage therapy services as established by board rule." SECTION 10.

eSB e200 17Page 10 "61-12C-24.

[DENIAL ] SUSPENSION, REVOCATION AND e e n d 18 REINSTATEMENT OF LICENSES.-- = = l ] 19 A.

Pursuant to the Uniform Licensing Act, the board a l r i 20 may take disciplinary action against [a person ] an individual t e a t licensed [or registered] pursuant to the Massage Therapy m m 21 e d r e 22 Practice Act.

c e r c 23 B.

The board has authority to take an action set e a n b 24 forth in Section 61-1-3 NMSA 1978 upon a finding by the board u [ that the licenseelicensee: [registrant or applicant ]:

.211932.1 - 12 - (1) is guilty of fraud, deceit or misrepresentation;

(2) attempted to use as [his ] the licensee's own the license [or registration] of another;

] the licensee's (3) allowed the use of [histhe licenselicensee's [orlicense registration] by another;

(5) has been convicted of [any offense punishable by incarceration in a state penitentiary or federal prison] a crime that substantially relates to the qualifications, functions or duties of a massage therapist.

(6) is guilty of unprofessional or unethical e e 17 conduct or a violation of the code of ethics;

e e n d 18 (7) is habitually or excessively using = = l ] 19 controlled substances or alcohol;

aSB l200 rPage i11 20 (8) is guilty of false, deceptive or t e a t misleading advertising;

m m 21 e d r e 22 (9) is guilty of aiding, assisting or c e r c 23 advertising [any ] an unlicensed [or unregistered e a n b 24 person] individual in the practice of massage therapy;

u [ (10) is grossly negligent or incompetent in .211932.1 - 13 - the practice of massage therapy;

(11) has had a license [or registration ] to practice massage therapy revoked, suspended or denied in any jurisdiction, territory or possession of the United States or ] another country for acts of the licensee [or registrant similar to acts described in this section.

Disciplinary proceedings may be instituted by sworn complaint of any [person ] individual, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.

e e 17 D.

The board [may ] shall establish the guidelines e e n d 18 for the disposition of disciplinary cases.

Guidelines may = = l ] 19 include [but shall not be limited to ] minimum and maximum a l r i 20 fines, periods of probation, conditions of probation or t e a t reissuance of a licenselicense. [or registration ].

mSB m200 21Page e12 d r e 22 E.

[License and registration holders ] Licensees who c e r c 23 have been found culpable and sanctioned by the board shall be e a n b 24 responsible for the payments of all costs of the disciplinary u [ proceedings." .211932.1 - 14 - SECTION 11.

OFFENSES--CRIMINAL PENALTIES.--[APENALTIES.--An person ] An individual who does any of the following is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-131-19- 1 NMSA 1978:

renders or attempts to render massage therapy services [instruction as a massage therapy instructor or instruction as a massage therapy school] without the required current valid license [or registration ] issued by the board;

advertises or uses a designation, diploma or certificate implying that [he ] the individual is a massage therapist [massage therapy instructor ] or massage therapy school unless [he ] the individual holds a current valid license e e 17 or registration issued by the board." e e n d 18 SECTION 12.

A new section of the Massage Therapy Practice = = l ] 19 Act is enacted to read:

a"MASSAGE l r i 20 "[NEW MATERIAL] MASSAGE THERAPY SCHOOL REGISTRATION, t e a t RENEWAL, SUSPENSION AND REVOCATION.-- m m 21 e d r e 22 A.

A person shall not maintain, manage or operate aSB c200 ePage r13 ca 23 massage therapy school offering education, instruction or e a n b 24 training in massage therapy unless the school is a registered u [ massage therapy school.

.211932.1 - 15 - B.

e"DENIAL e 17 "[NEW MATERIAL] DENIAL OF LICENSE.-- e e n d 18 A.

Pursuant to the Uniform Licensing Act, the board = = l ] 19 may deny the issuance of a massage therapist license to an a l r i 20 applicant.

t e a t B.

The board has authority to take an action set m m 21 e d r e 22 forth in Section 61-1-3 NMSA 1978 upon a finding by the board cSB e200 rPage c14 23 that the applicant:

e a n b 24 (1) is guilty of fraud, deceit or u [ misrepresentation;

.211932.1 - 16 - (2) attempted to use as the applicant's own the license of another;

(8) is guilty of false, deceptive or e e 17 misleading advertising;

e e n d 18 (9) is guilty of aiding, assisting or = = l ] 19 advertising the practice of massage therapy in New Mexico a l r i 20 without a New Mexico license;

t e a t (10) is grossly negligent or incompetent in m m 21 e d r e 22 the practice of massage therapy;

cSB e200 rPage c15 23 (11) has had a license to practice massage e a n b 24 therapy revoked, suspended or denied in any jurisdiction, u [ territory or possession of the United States or another country .211932.1 - 17 - for acts of the applicant similar to acts described in this section.

"[NEW"SCOPE MATERIAL] SCOPE OF PRACTICE.--The practice of massage therapy consists of the assessment of the soft tissue structures of the body;

and joint movement within normal physiologic range of motion to relieve pain or to develop, maintain, rehabilitate or augment physical function." e e 17 SECTION 15.

EMERGENCY.--It is necessary for the public e e n d 18 peace, health and safety that this act take effect immediately.

=SB =200 lPage ]16 1925 - 18 - a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211932.1