New Mexico
Register / Volume XXX, Issue 20 / October 29, 2019
TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER 7 MASSAGE THERAPISTS
PART 4 REQUIREMENTS FOR LICENSURE
16.7.4.1 ISSUING AGENCY: Regulation and Licensing
Department, Massage Therapy Board.
[16.7.4.1
NMAC - Rp, 16.7.4.1 NMAC, 11/15/2019]
16.7.4.2 SCOPE:
This part applies to applicants for licensure.
[16.7.4.2
NMAC - Rp, 16.7.4.2 NMAC, 11/15/2019]
16.7.4.3 STATUTORY AUTHORITY: This part is adopted pursuant to the Massage
Therapy Practice Act, Subsections B and C of Section 61-12C-8, Section
61-12C-9, and Section 61-12C-16 NMSA 1978 (1999).
[16.7.4.3
NMAC - Rp, 16.7.4.3 NMAC, 11/15/2019]
16.7.4.4 DURATION: Permanent.
[16.7.4.4
NMAC - Rp, 16.7.4.4 NMAC, 11/15/2019]
16.7.4.5 EFFECTIVE DATE: November 15, 2019, unless a later date is
cited at the end of a section.
[16.7.4.5
NMAC - Rp, 16.7.4.5 NMAC, 11/15/2019]
16.7.4.6 OBJECTIVE: This part is to establish the minimum
requirements for applicants applying for licensure by examination, temporary
licensure and licensure by credentials, and to establish the licensure
procedures.
[16.7.4.6
NMAC - Rp, 16.7.4.6 NMAC, 7/28/2005]
16.7.4.7 DEFINITIONS: (Refer to 16.7.1.7 NMAC).
[16.7.4.7
NMAC - Rp, 16.7.4.7 NMAC, 11/15/2019]
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, 11/15/2019]
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, 11/15/2019]
16.7.4.10 GENERAL PROVISIONS FOR LICENSURE:
A. Age: The applicant must be 18 years of age or
older on the date the application is submitted.
B. Pre-requisite
education to massage therapy training:
The applicant must have completed high school or its equivalent.
C. Photograph: The applicant must provide a 2"x
2" passport photo taken
of the applicant within the six months prior to making application for
licensure.
D. 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.
E. Board-approved application form: The
applicant must provide a completed, legible board-approved application form
that must either be typed or printed in black ink, along with any other
documents required in the board’s application process.
(1) incomplete application for licensure forms will be returned
to the applicant for completion;
(2) faxed application for licensure forms will not be accepted.
F. First Aid and
Cardiopulmonary Resuscitation (CPR):
The applicant must have completed four (4) 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 accepted
by EMS safety services, the American heart association, pro-training, LLC, or the American red cross. 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, 11/15/2019]
16.7.4.11 MASSAGE SCHOOL
REQUIREMENT: The applicant for licensure 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 11/15/2019]
16.7.4.12 MINIMUM CURRICULA OF
MASSAGE THERAPY TRAINING: The applicant 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, 11/15/2019]
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, 11/15/2019]
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, 11/15/2019]
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, 11/15/2019]
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 Sections 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);
(4) if the temporary license has not yet expired and the board
receives official notice that the temporary licensee has passed a national
examination, the temporary license will automatically become null and
void. Provided that all other
requirements have been met, a permanent license will be issued when payment of
the initial license fee has been made.
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, 11/15/2019]
16.7.4.17 SPECIFIC PROVISION FOR PERMANENT LICENSURE:
The applicant must meet all the requirements set forth in Sections
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, 11/15/2019]
16.7.4.18 REQUIREMENTS
FOR LICENSURE BY CREDENTIALS:
A. In addition to
the requirements in Sections 16.7.4.10 through 16.7.4.15 and 16.7.4.17 NMAC,
the applicant for licensure by credentials must provide verification of a
current, valid massage therapy license in another state/territory of the United
States, the District of Columbia or foreign nation.
(1) verification of licensure or registration as a massage
therapist must be sent directly to the board by the other licensing
jurisdiction;
(2) the license to practice massage therapy must be in good standing. A prior disciplinary action by another licensing jurisdiction, related to health, safety and welfare, or any other civil or criminal issues will be evaluated by the board on a case by case basis. The review may lead to the issuance of a conditional or provisional license or to other disciplinary action up to and including denial of licensure.
B. The applicant must have met educational and
examination requirements in the other jurisdiction equal to or exceeding New
Mexico’s educational and examination requirements.
[16.7.4.18
NMAC - Rp, 16.7.4.18 NMAC, 11/15/2019]
16.7.4.19 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.
[16.7.4.19
NMAC - Rp 16.7.4.19 NMAC, 11/15/2019]
16.7.4.20 INITIAL LICENSE PERIOD:
The applicant who has met all the requirements for licensure shall be
issued an initial license 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.
[16.7.4.20
NMAC - Rp 16.7.4.20 NMAC 11/15/2019]
16.7.4.21 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.
[16.7.4.21
NMAC - Rp 16.7.4.21 NMAC, 11/15/2019]
16.7.4.22 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.
[16.7.4.22
NMAC - Rp 16.7.4.22 NMAC, 11/15/2019]
16.7.4.23 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.
[16.7.4.23
NMAC - Rp 16.7.4.23 NMAC, 11/15/2019]
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 xx/xx2019.
16.7.4
NMAC, Requirements for Licensure filed 6/28/2005, Repealed 11/15/2019.
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.