New Mexico 2025 Regular Session

New Mexico House Bill HB544 Latest Draft

Bill / Introduced Version Filed 02/20/2025

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HOUSE BILL 544
57
TH LEGISLATURE 
-
 
STATE
 
OF
 
NEW
 
MEXICO
 
-
 FIRST SESSION
,
 
2025
INTRODUCED BY
Rod Montoya and Jenifer Jones
AN ACT
RELATING TO LICENSURE; PROVIDING FOR EXPEDITED LICENSURE FOR
PROFESSIONAL AND OCCUPATIONAL BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-6A-8 NMSA 1978 (being Laws 2008,
Chapter 53, Section 8) is amended to read:
"61-6A-8.  TEMPORARY LICENSE--EXPEDITED LICENSE .--
A.  The board may issue a temporary license to an
applicant who has met all licensure requirements except the
examination requirement.  The temporary license is valid until
the results of the next scheduled examination are available and
a license is issued or denied.  The temporary license
automatically expires if the applicant fails to take the next
scheduled examination, or upon release of official examination
results if the applicant fails the examination.
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B.  The board may issue a temporary license to a
person licensed in another state or country who:
(1)  is in New Mexico temporarily to teach or
assist a New Mexico resident licensed to practice genetic
counseling; or
(2)  met the requirements for licensure in that
state, which were equal to or greater than the requirements for
licensure in New Mexico at the time the license was obtained in
the other state.
C.  The board shall not issue a temporary license to
a person who qualifies for the temporary license under
Subsection A of this section more than two consecutive times
within the five-year period immediately following the issuance
of the first temporary license.
D.  A person practicing genetic counseling under a
temporary license shall be supervised by a licensed genetic
counselor or physician.
E.  The board shall grant an expedited license to a
qualified applicant who:
(1)  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
(2)  pays the required fees. "
SECTION 2. Section 61-6B-3 NMSA 1978 (being Laws 2008,
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Chapter 54, Section 3) is amended to read:
"61-6B-3.  LICENSE REQUIRED--EXCEPTIONS--PRACTICE
LIMITATIONS--APPLICABILITY.--
A.  On and after July 1, 2010, a person who is
engaged in the practice of polysomnography must have a valid
polysomnographic technologist license issued by the board.  It
shall be unlawful for a person to engage in the practice of
polysomnography after that date unless the person has a valid
polysomnographic technologist license issued by the board.
[B.  Prior to July 1, 2010, any person who is
engaged in the practice of polysomnography without being
licensed under the Polysomnography Practice Act shall not be
deemed to be in violation of that act. ]
B.  The board shall grant an expedited license to a
qualified applicant who:
(1)  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
(2)  pays the required fees. "
SECTION 3. A new section of the Physician Assistant Act
is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant
an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
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another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
B.  pays the required fees."  
SECTION 4. A new section of the Anesthesiologist
Assistants Act is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant
an expedited license to a qualified applicant who: 
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
B.  pays the required fees."
SECTION 5. Section 61-7A-8 NMSA 1978 (being Laws 1989,
Chapter 387, Section 8) is repealed and a new Section 61-7A-8
NMSA 1978 is enacted to read:
"61-7A-8.  [NEW MATERIAL ] EXPEDITED LICENSE.--The board
shall grant an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
B.  pays the required fees."
SECTION 6. Section 61-11-10 NMSA 1978 (being Laws 1969,
Chapter 29, Section 9, as amended) is amended to read:
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"61-11-10.  [RECIPROCAL ] EXPEDITED LICENSURE.--The board
[may] shall issue [a] an expedited license [with or without
examination] to a person who:
[A.  is licensed as a pharmacist by examination in
another state that under equivalent conditions will grant
reciprocal licensure to persons licensed as pharmacists by
examination in this state; and
B.  produces evidence satisfactory to the board that
he has the age, education, experience and qualifications
required of applicants for licensure by examination under the
provisions of the Pharmacy Act.  Any person who was registered
by examination in another state prior to May 20, 1940 is
required to satisfy only those requirements in existence in
this state at the time he was registered in the other state. ]
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
B.  pays the required fees. "
SECTION 7. Section 61-12F-1 NMSA 1978 (being Laws 2011,
Chapter 31, Section 4) is amended to read:
"61-12F-1.  SHORT TITLE.--[Sections 4 through 14 of this
act] Chapter 61, Article 12F NMSA 1978 may be cited as the
"Naprapathic Practice Act"."
SECTION 8. A new section of the Naprapathic Practice Act
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is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant
an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
B.  pays the required fees." 
SECTION 9.  Section 61-12G-1 NMSA 1978 (being Laws 2019,
Chapter 244, Section 1) is amended to read:
"61-12G-1.  SHORT TITLE.--[Sections 1 through 13 of this
act] Chapter 61, Article 12G NMSA 1978 may be cited as the
"Naturopathic Doctors' Practice Act"."
SECTION 10. A new section of the Naturopathic Doctors'
Practice Act is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant
an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
B.  pays the required fees."
SECTION 11. A new section of the Medical Imaging and
Radiation Therapy Health and Safety Act is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The department shall
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grant an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
B.  pays the required fees."  
SECTION 12. A new section of the Architectural Act is
enacted to read:
"[NEW MATERIAL] EXPEDITED REGISTRATION.--The board shall
grant expedited registration to a qualified applicant who:
A.  is currently registered or licensed in good
standing in another state or territory of the United States,
the District of Columbia or a foreign country as provided in
Section 61-1-31.1 NMSA 1978; and 
B.  pays the required fees."
SECTION 13. Section 61-17A-5 NMSA 1978 (being Laws 1993,
Chapter 171, Section 5, as amended) is amended to read:
"61-17A-5.  LICENSE REQUIRED--EXPEDITED LICENSURE .--
A.  Unless licensed pursuant to the Barbers and
Cosmetologists Act or exempted from the provisions of that act,
no person shall practice barbering, hairstyling or cosmetology
for compensation either directly or indirectly.
B.  Unless licensed pursuant to the Barbers and
Cosmetologists Act, no person shall operate a school or
establishment for compensation.
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C.  Unless licensed pursuant to the Barbers and
Cosmetologists Act or exempted from the provisions of that act,
no person shall teach barbering, hairstyling, cosmetology or
electrology for compensation.
D.  Unless licensed by the board pursuant to the
Barbers and Cosmetologists Act, no person shall practice as a
manicurist-pedicurist, esthetician or electrologist for
compensation.
E.  The board shall grant an expedited license to a
qualified applicant who:
(1)  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
(2)  pays the required fees. "
SECTION 14. Section 61-27B-33 NMSA 1978 (being Laws 2007,
Chapter 115, Section 33) is repealed and a new Section
61-27B-33 NMSA 1978 is enacted to read:
"61-27B-33.  [NEW MATERIAL ] EXPEDITED LICENSURE.--The
department shall grant an expedited license to a qualified
applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
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B.  pays the required fees."
SECTION 15. Section 61-29-9 NMSA 1978 (being Laws 1959,
Chapter 226, Section 8, as amended) is amended to read:
"61-29-9.  QUALIFICATIONS FOR LICENSE--EXPEDITED
LICENSE.--
A.  Licenses shall be granted only to persons who
meet the requirements for licensure prescribed by law and are
deemed by the commission to be of good repute and competent to
transact the business of a qualifying broker or an associate
broker in a manner that safeguards the interests of the public.
B.  Except as otherwise provided in this section , an
applicant for a qualifying broker's license or an associate
broker's license shall have reached the age of majority.  Each
applicant for a qualifying broker's license or an associate
broker's license shall have passed the real estate broker's
examination approved by the commission and shall [(1) ] furnish
the commission with certificates of completion of ninety hours
of classroom instruction consisting of commission-approved
thirty-hour courses in real estate principles and practice,
real estate law and broker basics.  [or
(2)  in the case of an out-of-state applicant,
furnish the commission with a certified license history from
the real estate licensing jurisdiction in the state or states
in which the applicant is currently or has been previously
licensed as a real estate broker, or certificates of completion
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of those courses issued by the course sponsor or provider,
certifying that the applicant has or had a license in that
state and has completed the equivalent of sixty classroom hours
of prelicensing education approved by that licensing
jurisdiction in real estate principles and practice and real
estate law.  Upon receipt of such documentation, the commission
may waive sixty hours of the ninety hours of prelicensing
education required to take the New Mexico real estate broker's
examination and may waive the national portion of the
examination.  The applicant shall complete the commission-
approved thirty-hour broker basics class to be eligible to take
the state portion of the New Mexico real estate broker's
examination.]
C.  An applicant for a qualifying broker's license
shall have passed the New Mexico real estate broker's
examination and had an active associate broker's license or
equivalent real estate license for at least two of the last
five years immediately preceding application for a qualifying
broker's license and shall furnish the commission with a
certificate of completion of the commission-approved thirty-
hour brokerage office administration course and any additional
educational courses required by the commission by rule.
D.  Notwithstanding Subsection C of this section, a
qualifying broker shall not supervise associate brokers until
the qualifying broker has had an active associate broker's or
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qualifying broker's license or equivalent real estate license
for at least four years.  Licensees who hold an active or
inactive qualifying broker's license on January 1, 2018 are
exempt from this subsection.
E.  The commission shall grant an expedited license
to a qualified applicant who:
(1)  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
(2)  pays the required fees.
[E.] F. The commission shall require the
information it deems necessary from every applicant to
determine that applicant's honesty, trustworthiness and
competency."
SECTION 16. Section 61-30-20 NMSA 1978 (being Laws 1990,
Chapter 75, Section 20, as amended) is amended to read:
"61-30-20.  NONRESIDENT APPLICANTS--[RECIPROCITY ]
EXPEDITED LICENSURE.--
A.  Pursuant to Title 11 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 as
amended by the Dodd-Frank Wall Street Reform and Consumer
Protection Act, the board shall issue [a ] an expedited
registration, license or certificate to a nonresident if the
applicant's home state complies with Title 11 as determined by
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the appraisal subcommittee and as provided in Section 61-1-31.1
NMSA 1978.  
B.  The registration, license or certificate shall
be issued upon payment of the application fee, verification
that the applicant has complied with the applicant's [resident ]
home state's current education requirements and the filing with
the board of a license history and verification of good
standing issued by the licensing board of the [other ] home
state.
C.  The applicant shall file an irrevocable consent
that suits and actions may be commenced against the applicant
in the proper court of any county of this state in which a
cause of action may arise from the applicant's actions as a
real estate appraiser trainee, state licensed residential real
estate appraiser or state certified real estate appraiser or in
which the plaintiff may reside, by the service of any processes
or pleadings authorized by the laws of this state on the board,
the consent stipulating and agreeing that such service of
processes or pleadings on the board shall be taken and held in
all courts to be as valid and binding as if personal service
has been made upon the applicant in New Mexico.  In case any
process or pleading mentioned in the case is served upon the
board, it shall be by duplicate copies, one of which shall be
filed in the office of the board and the other immediately
forwarded by registered mail to the nonresident real estate
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appraiser trainee, state licensed residential real estate
appraiser or state certified real estate appraiser to whom the
processes or pleadings are directed."
SECTION 17. Section 61-32-10 NMSA 1978 (being Laws 1993,
Chapter 204, Section 10, as amended) is repealed and a new
Section 61-32-10 NMSA 1978 is enacted to read:
"61-32-10.  [NEW MATERIAL ] EXPEDITED LICENSURE.--The board
shall grant an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and 
B.  pays the required fees."
SECTION 18. Section 61-33-5 NMSA 1978 (being Laws 1973,
Chapter 394, Section 5, as amended) is amended to read:
"61-33-5.  APPLICATION REQUIREMENTS--FEES--FUND CREATED
[ENDORSEMENT].--
A.  An applicant for certification as a certified
operator shall:
(1)  make application on forms furnished by the
department;
(2)  submit evidence satisfactory to the
department that the applicant has reached the age of majority;
and
(3)  except as provided in Section 61-1-34 NMSA
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1978, pay in advance to the department fees set by rule not to
exceed:
(a)  for examination for certification in
each classification . . . . . . . . . . . . . . . . . . . $100;
(b)  for renewal of a certificate after a
period set by rule. . . . . . . . . . . . . . . . . $40.00; and
(c)  for issuance of a certificate by
endorsement . . . . . . . . . . . . . . . . . . . . . . . $100.
B.  Fees collected pursuant to Subsection A of this
section shall be deposited with the state treasurer in the
"public water supply system operator and public wastewater
facility operator fund" [hereby created.  The fund shall be
used solely for the purpose of administering and enforcing ] to
be used solely to administer and enforce the Utility Operators
Certification Act.  The fund shall be administered by the
department.  Money in the fund shall be retained by the
department for use, subject to appropriation by the
legislature.  Balances in the fund at the end of any fiscal
year shall not revert to the general fund, but shall accrue to
the credit of the fund.  Earnings on the fund shall be credited
to the fund.
[C.  The department may, in its discretion, endorse
for certification without examination an operator who submits
evidence satisfactory to the department that the applicant has
reached the age of majority and holds a valid license or
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certification in any state, territory or foreign jurisdiction
having standards equal to or exceeding those of New Mexico. ]
C.  The department may grant an expedited
certificate to a qualified applicant who:
(1)  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978; and
(2)  pays the required fees.
D.  Fees shall not be increased more than once per
calendar year.  The first increase of the fees shall not result
in any fee greater than thirty dollars ($30.00).  Any
subsequent increase of the fees shall not be more than five
percent of the existing fee."
SECTION 19. A new section of the Signed Language
Interpreting Practices Act is enacted to read:
"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant
an expedited license to a qualified applicant who:
A.  is currently licensed in good standing in
another state or territory of the United States, the District
of Columbia or a foreign country as provided in Section
61-1-31.1 NMSA 1978;
B.  is certified by a nationally recognized signed
language interpreter organization or equivalent organization as
provided by rule; and 
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C.  pays the required fees."
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