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SENATE BILL 203
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Linda M. Trujillo and Heather Berghmans
AN ACT
RELATING TO OCCUPATIONAL LICENSING; ADDING DEFINITIONS TO THE
MASSAGE THERAPY PRACTICE ACT; REQUIRING LICENSURE OF
ESTABLISHMENTS WHERE MASSAGE THERAPY IS OFFERED OR PERFORMED;
PROVIDING A PENALTY; AMENDING AND ENACTING SECTIONS OF THE NMSA
1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Massage Therapy Practice
Act is enacted to read:
"[NEW MATERIAL] REQUIREMENTS FOR LICENSURE OF MASSAGE
THERAPY ESTABLISHMENTS.--
A. The board shall establish by rule procedures for
the licensure of massage therapy establishments and shall issue
a license to massage therapy establishments that meet the
requirements of the Massage Therapy Practice Act and rules
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adopted by the board pursuant to that act.
B. The board shall establish minimum standards of
health and safety for massage therapy establishments."
SECTION 2. A new section of the Massage Therapy Practice
Act is enacted to read:
"[NEW MATERIAL] MASSAGE THERAPY ESTABLISHMENT LICENSURE,
RENEWAL, SUSPENSION AND REVOCATION--APPLICABILITY.--
A. On or after January 1, 2026, a person shall not
maintain, manage or operate a massage therapy establishment
unless the establishment is a licensed massage therapy
establishment.
B. Massage therapy establishment licenses shall
expire biennially. Expiration dates shall be established by
rule of the board.
C. A license shall be renewed by submitting a
renewal application on a form provided by the board.
D. A sixty-day grace period shall be allowed each
licensee after the end of the renewal period, during which time
a license may be renewed upon payment of the renewal fee and a
late fee as prescribed by the board.
E. Proceedings to determine whether to suspend or
revoke the license of a massage therapy establishment may be
instituted by sworn complaint of any individual, including
members of the board, and shall conform with the provisions of
the Uniform Licensing Act."
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SECTION 3. Section 61-12C-3 NMSA 1978 (being Laws 1991,
Chapter 147, Section 3, as amended) is amended to read:
"61-12C-3. DEFINITIONS.--As used in the Massage Therapy
Practice Act:
A. "board" means the massage therapy board;
B. "continuing education" means courses, seminars,
workshops and classes in areas related to the practice of
massage therapy, such as:
(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;
(12) exempt modalities listed in Subsection C
of Section 61-12C-5.1 NMSA 1978;
(13) cardiopulmonary resuscitation or first
aid; and
(14) complementary alternative medicine
modalities determined by the board to be related to the
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practice of massage therapy;
C. "continuing education provider" means:
(1) an individual who was an active
New Mexico registered independent massage therapy instructor on
[the effective date of this 2019 act ] February 4, 2019;
(2) a massage therapy school regulated by the
requisite regulatory agency where the massage therapy school is
located;
(3) a national or international professional
association for massage therapists;
(4) an individual or an organization approved
by a national or international massage therapy continuing
education approval agency;
(5) a health care professional organization;
or
(6) accredited post-secondary educational
institutions;
D. "department" means the regulation and licensing
department;
E. "home-based establishment" means a physical
premises where massage therapy may be offered by not more than
two licensed massage therapists who personally reside at the
premises, the massage therapy offered is only incidental and
secondary to the use of the premises for a dwelling and the use
of the premises for the offering of massage therapy is in
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compliance with any applicable county or municipal zoning or
business licensing requirements;
[E.] F. "jurisprudence" means the statutes and
rules of the state pertaining to the practice of massage
therapy;
[F.] G. "massage therapist" means an individual
licensed to practice massage therapy pursuant to the Massage
Therapy Practice Act;
[G.] H. "massage therapy" means the treatment of
soft tissues for therapeutic purposes, primarily comfort and
relief of pain; it is a health care service that includes
gliding, kneading, percussion, compression, vibration,
friction, nerve strokes, stretching the tissue and exercising
the range of motion and may include the use of oils, salt
glows, hot or cold packs or hydrotherapy. Synonymous terms for
massage therapy include massage, therapeutic massage, body
massage, myomassage, bodywork, body rub or any derivation of
those terms. "Massage therapy" does not include the diagnosis
or treatment of illness or disease or any service or procedure
for which a license to practice medicine, nursing,
chiropractic, physical therapy, occupational therapy,
acupuncture or podiatry is required by law; [and ]
I. "massage therapy establishment" or "massage
establishment" means a place of business in which massage
therapy is offered or performed but shall not include:
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(1) a health care facility licensed pursuant
to Section 24A-1-5 NMSA 1978;
(2) a health care facility owned, managed or
operated by a federal agency of the United States, including
the department of defense, the veterans health administration
and the bureau of Indian affairs of the department of the
interior;
(3) a health care facility authorized under
Chapter 23 NMSA 1978;
(4) health care offices owned, or directly
operated or managed on a daily basis, by an individual or
individuals licensed pursuant to:
(a) the Medical Practice Act;
(b) the Chiropractic Physician Practice
Act;
(c) the Physician Assistant Act;
(d) the Physical Therapy Act; or
(e) the Nursing Practice Act;
(5) a home-based establishment; and
(6) services provided by a licensed massage
therapist to a client at a premises selected by the client to
receive massage therapy, such as the client's home or place of
business, and such premises is not under the ownership, custody
or control of the massage therapist; and
[H.] J. "massage therapy school" means a facility
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providing an educational program in massage therapy that is
registered with the board."
SECTION 4. Section 61-12C-8 NMSA 1978 (being Laws 1991,
Chapter 147, Section 8, as amended) is amended to read:
"61-12C-8. BOARD POWERS.--The board has the power to:
A. adopt and file, in accordance with the State
Rules Act, rules necessary to carry out the provisions of the
Massage Therapy Practice Act, in accordance with the provisions
of the Uniform Licensing Act;
B. provide for the evaluation of the qualifications
of applicants for licensure as a massage therapist or
registration as a massage therapy school under the Massage
Therapy Practice Act;
C. provide for the issuance of massage therapist
licenses to applicants who meet the requirements of the Massage
Therapy Practice Act;
D. establish minimum curricula for massage therapy
schools and provide for the issuance and revocation of massage
therapy school registrations;
E. establish minimum standards for massage therapy
establishments and provide for the issuance and revocation of
massage therapy establishment licenses;
[E.] F. establish instructor qualifications for
hands-on massage therapy instruction within the minimum
curricula;
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[F.] G. provide for the inspection, when required,
of the business premises of any licensee or registrant [during
regular business hours ] as follows:
(1) inspections of massage establishments may
be conducted at any time, including when the massage
establishment is in operation or customers are present; and
(2) the licensee or operator of a massage
establishment shall be given an opportunity to accompany the
board official conducting an inspection and to receive a report
of the inspection within fourteen days after the inspection ;
[G.] H. establish minimum training and educational
standards for licensure as a massage therapist;
[H.] I. pursuant to the Uniform Licensing Act,
conduct hearings on charges against applicants or licensees and
take actions described in Section 61-1-3 NMSA 1978;
[I.] J. bring an action for injunctive relief in
district court seeking to enjoin a person from violating the
provisions of the Massage Therapy Practice Act;
[J.] K. issue cease and desist orders to persons
violating the provisions of the Massage Therapy Practice Act or
any rule adopted by the board pursuant to that act;
[K.] L. adopt an annual budget;
[L.] M. adopt a code of professional conduct for
massage therapists;
[M.] N. provide for the investigation of complaints
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against licensees and registrants; and
[N.] O. publish at least annually combined or
separate lists of licensed massage therapists and registered
massage therapy schools."
SECTION 5. Section 61-12C-11 NMSA 1978 (being Laws 1991,
Chapter 147, Section 11, as amended) is amended to read:
"61-12C-11. DISPLAY OF LICENSE OR REGISTRATION.--
A. A massage therapy license or registration issued
by the board shall at all times be posted in a conspicuous
place in the holder's principal place of business.
B. An original or renewal massage therapy license
or registration issued by the board on or after July 1, 2025
shall include a current photograph of the licensee or
registration holder."
SECTION 6. 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.
B. The board may establish continuing education
requirements as a condition of the renewal of massage therapy
licenses.
C. All courses offered by continuing education
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providers shall be acceptable to meet continuing education
requirements regardless of the location where the course is
offered.
D. 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] February 4, 2019 shall submit to the board a syllabus and
one-time fee for any course not previously approved by the
board.
E. Within thirty days of application, the board may
approve or deny the application of an individual who is not a
continuing education provider to offer a particular continuing
education course; provided that the individual submits:
(1) a copy of any relevant license;
(2) proof of a minimum of two years'
experience in the area of instruction;
(3) a course syllabus for the proposed course;
(4) a resume; and
(5) a one-time fee to be determined by the
board by rule.
F. A license shall be renewed by submitting a
renewal application on a form provided by the board.
G. A sixty-day grace period shall be allowed each
licensee after the end of the renewal period, during which time
a license may be renewed upon payment of the renewal fee and a
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late fee as prescribed by the board."
SECTION 7. Section 61-12C-18 NMSA 1978 (being Laws 1991,
Chapter 147, Section 18, as amended) is amended to read:
"61-12C-18. INACTIVE STATUS.--
A. A massage therapy license not renewed at the end
of the sixty-day grace period shall be placed on inactive
status for a period not to exceed two years. At the end of two
years, if the license has not been reactivated, it shall
automatically expire.
B. If within a period of two years from the date
the license was placed on inactive status the licensee wishes
to resume practice, the licensee shall notify the board in
writing, and, upon proof of 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 shall be restored in full.
C. A massage therapy establishment license not
renewed at the end of the sixty-day grace period shall be
placed on inactive status for a period not to exceed two years.
At the end of two years, if the license has not been
reactivated, it shall automatically expire.
D. If within a period of two years from the date
the license was placed on inactive status the licensee wishes
to resume maintenance, management or operation of the massage
therapy establishment, the licensee shall notify the board in
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writing and, upon proof of compliance with health and safety
standards prescribed by rule of the board and payment of an
amount set by the board in lieu of all lapsed renewal fees, the
license shall be restored in full. "
SECTION 8. Section 61-12C-24 NMSA 1978 (being Laws 1991,
Chapter 147, Section 24, as amended) is amended to read:
"61-12C-24. SUSPENSION, REVOCATION AND REINSTATEMENT OF
LICENSES.--
A. Pursuant to the Uniform Licensing Act, the board
may take disciplinary action against an individual licensed
pursuant to the Massage Therapy Practice Act.
B. The board has authority to take an action set
forth in Section 61-1-3 NMSA 1978 upon a finding by the board
that the licensee:
(1) is guilty of fraud, deceit or
misrepresentation;
(2) attempted to use as the licensee's own the
license of another;
(3) allowed the use of the licensee's license
by another;
(4) has been adjudicated as mentally
incompetent by regularly constituted authorities;
(5) has been convicted of a crime that
substantially relates to the qualifications, functions or
duties of a massage therapist. A copy of the record of
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conviction, certified by the clerk of the court entering the
conviction, is conclusive evidence of conviction;
(6) is guilty of unprofessional or unethical
conduct or a violation of the code of ethics;
(7) is habitually or excessively using
controlled substances or alcohol;
(8) is guilty of false, deceptive or
misleading advertising;
(9) is guilty of aiding, assisting or
advertising an unlicensed individual in the practice of massage
therapy;
(10) is grossly negligent or incompetent in
the practice of massage therapy;
(11) has had a license 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 similar to acts described in this
section. A certified copy of the [record of conviction ] order
of revocation, suspension or denial shall be conclusive
evidence of the [conviction; or ] revocation, suspension or
denial;
(12) performs massage therapy at or maintains,
manages or operates a massage therapy establishment that is not
licensed pursuant to the Massage Therapy Practice Act;
(13) refused to allow an inspection of a
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massage establishment; provided that the board official
tendered proper identification to the licensee or operator of
the massage establishment prior to the refusal; or
[(12)] (14) is guilty of failing to comply
with a provision of the Massage Therapy Practice Act or rules
of the board adopted pursuant to that act and filed in
accordance with the State Rules Act.
C. Disciplinary proceedings may be instituted by
sworn complaint of any individual, including members of the
board, and shall conform with the provisions of the Uniform
Licensing Act.
D. The board shall establish the guidelines for the
disposition of disciplinary cases. Guidelines may include
minimum and maximum fines, periods of probation, conditions of
probation or reissuance of a license.
E. Licensees who have been found culpable and
sanctioned by the board shall be responsible for the payments
of all costs of the disciplinary proceedings."
SECTION 9. Section 61-12C-24.1 NMSA 1978 (being Laws
2019, Chapter 40, Section 13) is amended to read:
"61-12C-24.1. DENIAL OF LICENSE.--
A. Pursuant to the Uniform Licensing Act, the board
may deny the issuance of a massage therapist license to an
applicant.
B. The board has authority to take an action set
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forth in Section 61-1-3 NMSA 1978 upon a finding by the board
that the applicant:
(1) is guilty of fraud, deceit or
misrepresentation;
(2) attempted to use as the applicant's own
the license of another;
(3) allowed the use by another of the
applicant's license issued in another jurisdiction;
(4) has been adjudicated as mentally
incompetent by regularly constituted authorities;
(5) has been convicted of a crime that
substantially relates to the qualifications, functions or
duties of a massage therapist. A copy of the record of
conviction, certified by the clerk of the court entering the
conviction, is conclusive evidence of conviction;
(6) is guilty of unprofessional or unethical
conduct or a violation of the code of ethics;
(7) is habitually or excessively using
controlled substances or alcohol;
(8) is guilty of false, deceptive or
misleading advertising;
(9) is guilty of aiding, assisting or
advertising the practice of massage therapy in New Mexico
without a New Mexico license;
(10) is grossly negligent or incompetent in
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the practice of massage therapy;
(11) has had a license 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 applicant similar to acts described in this
section. A certified copy of the [record of conviction ] order
of revocation, suspension or denial shall be conclusive
evidence of the [conviction; or ] revocation, suspension or
denial;
(12) has performed massage therapy at or has
maintained, managed or operated a massage therapy establishment
that is not licensed pursuant to the Massage Therapy Practice
Act; or
[(12)] (13) is guilty of failing to comply
with a provision of the Massage Therapy Practice Act or rules
of the board adopted pursuant to that act and filed in
accordance with the State Rules Act."
SECTION 10. Section 61-12C-27 NMSA 1978 (being Laws 1993,
Chapter 173, Section 20, as amended) is amended to read:
"61-12C-27. OFFENSES--CRIMINAL PENALTIES.--An individual
who does any of the following is guilty of a misdemeanor and
shall be sentenced pursuant to Section 31-19-1 NMSA 1978:
A. violates a provision of the Massage Therapy
Practice Act or rules adopted pursuant to that act;
B. renders or attempts to render massage therapy
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services without the required current valid license issued by
the board; [or]
C. maintains, manages or operates a massage therapy
establishment that is not licensed pursuant to the Massage
Therapy Practice Act; or
[C.] D. advertises or uses a designation, diploma
or certificate implying that the individual is a massage
therapist or massage therapy school unless the individual holds
a current valid license or registration issued by the board."
SECTION 11. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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