New Mexico
Register / Volume XXX, Issue 20 / October 29, 2019
TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
7 MASSAGE THERAPISTS
PART
5 REQUIREMENTS FOR SCHOOLS
16.7.5.1 ISSUING
AGENCY: Regulation and Licensing Department, Massage
Therapy Board.
[16.7.5.1
NMAC - Rp 16.7.5.1 NMAC, 11/15/2019]
16.7.5.2 SCOPE:
This part applies to applicants for a massage therapy school
registration, and to registered massage therapy schools.
[16.7.5.2
NMAC - Rp 16.7.5.2 NMAC, 11/15/2019]
16.7.5.3 STATUTORY
AUTHORITY: This part is adopted pursuant to the Massage
Therapy Practice Act, Subsections B and F of Section 61-12C-8 NMSA 1978, and
Section 61-12C-10 NMSA 1978.
[16.7.5.3
NMAC - Rp 16.7.5.3 NMAC, 11/15/2019]
16.7.5.4 DURATION:
Permanent.
[16.7.5.4
NMAC - Rp 16.7.5.4 NMAC, 11/15/2019]
16.7.5.5 EFFECTIVE
DATE: November 15, 2019 unless a later date is
cited at the end of section.
[16.7.5.5
NMAC - Rp 16.7.5.5 NMAC, 11/15/2019]
16.7.5.6 OBJECTIVE:
This part is to establish the minimum application requirements for
massage therapy schools, and to establish the standards for registered massage
therapy schools.
[16.7.5.6
NMAC - Rp 16.7.5.6 NMAC, 11/15/2019]
16.7.5.7 DEFINITIONS: (Refer to 16.7.1.7 NMAC).
[16.7.5.7
NMAC - Rp 16.7.5.7 NMAC, 11/15/2019]
16.7.5.8 REQUIREMENTS FOR REGISTRATION:
At the time of application the applicant will provide the following
information to the board.
A. A completed, legible
application for licensure, which must either be typed or printed in black
ink. Incomplete applications will not be
accepted and will be returned to the applicant for completion.
B. A 650 hour
curriculum that must meet the following minimum curricula requirements:
(1) 165 hours minimum
of anatomy and physiology,
to include:
(a) physiology;
(b) anatomy;
(c) kinesiology; and
(d) 40 hours minimum of pathology.
(2) 150 hours minimum
of massage therapy
as defined in 16.7.1.7 NMAC.
(a) Shall
include contraindications of
massage therapy.
(b) A
minimum of 100
hours of hands on training
must be completed before a student may begin clinical practicum, as defined in
Subsection G of 16.7.1.7 NMAC.
(3) 75 hours minimum
of general instruction,
to include:
(a) business; effective October 31, 2021, minimum of 20 hours;
(b) hydrotherapy; effective
October 31, 2021, minimum of eight hours;
(c) first aid – four hours;
(d) cardiopulmonary resuscitation and automatic external
defibrillator (CPR/AED) four hours;
(e) 30 hours minimum of
professional ethics.
(4) Electives may include:
(a) additional massage therapy;
(b) related hands-on modalities;
(c) additional anatomy and physiology;
(d) clinical practicum (not to exceed 150 hours);
(e) counseling;
(f) herbology;
(g) homeopathy;
(h) nutrition;
(i) breathing
and stretching techniques;
(j) theory;
(k) other, with prior board approval.
C. Policies and
procedures for board review, including but not limited to:
(1) enrollment and financial;
(2) cancellation/withdrawal
and refund;
(3) grading method;
(4) attendance and make up;
(5) students conduct and discipline:
(6) dress code;
(7) hygiene protocol;
(8) draping procedures;
(9) evaluation forms;
(10) curriculum;
(11) advertising catalog;
(12) list of text books for all courses; and
(13) qualifications of instructors as provided in 16.7.5.12 NMAC.
D. Massage therapy
school registration fee in accordance with Subsection C of 16.7.3.8 NMAC.
[16.7.5.8
NMAC - Rp 16.7.5.8 NMAC, 11/15/2019]
16.7.5.9
INSPECTIONS OF SCHOOLS:
The massage therapy school will be inspected by a board appointed
inspector upon registration and thereafter as needed. Findings of the inspector will be reported to
the board as part of the approval process.
If an inspection reveals that a school is not in compliance with the
board’s laws or rules, the school will have 30 days to become compliant; at which
time, the school will be re-inspected.
If the school fails a second inspection, the board may take action
against the school for non-compliance.
A. Provisional
registration: A provisional
registration will be given to a new school until the school is operating and
available for inspection.
B. Term of provisional
registration: The provisional
registration will be valid no longer than one year from the date of issuance.
C. Inspection criteria: The inspector will observe and report on the
following:
(1) cleanliness of premises;
(2) New
Mexico state school registration and instructor’s qualifications;
(3) local business license posted;
(4) posted complaint policy with board address and phone number
available;
(5) student clinic log;
(6) student attendance log;
(7) student files; and
(8) equipment and teaching aids.
[16.7.5.9
NMAC - Rp 16.7.5.9 NMAC, 11/15/2019]
16.7.5.10 STANDARDS FOR REGISTERED MASSAGE
THERAPY SCHOOLS:
A. Qualifications of all instructors must be documented and maintained
on the premises of the registered massage therapy school.
B. Massage therapy
school registrations will be renewed yearly.
C. Registered
massage therapy schools will comply with 16.7.2 NMAC, Professional Conduct.
D. Registered
massage therapy schools may charge the public a fee for the room usage during
the time a student
is performing massage therapy for clinical practicum training as defined in
16.7.5.7 NMAC.
[16.7.5.10
NMAC - Rp 16.7.5.10 NMAC, 11/15/2019]
16.7.5.11 CHANGES AFFECTING REGISTRATION: Massage therapy school
registrations issued by the board are not transferable. Any change in the business designation of a
massage therapy school may have the legal effect of attempting to transfer the
registration and of operating without a legal registration.
A. Any of the following changes will require a new
registration, and hence, a new application for registration with the board;
(1) any change to the name of the school from that under which
it was originally registered;
(a) The
name of the massage therapy school must not tend to mislead the public, and
shall not significantly resemble the business name of another registered
massage therapy school.
(b) The
name of the massage therapy school shall not be announced, used, or in any way
be conveyed to the public until the new registration has been issued by the
board.
(2) Any
change of fifty percent or more of ownership of the stock in the corporation or
of the shares in a partnership;
(3) Any
change in the sole proprietorship.
B. A registered massage therapy school shall
notify the board in writing within 30 days of any changes in instructional
staff, curriculum, or other changes that may affect the programs offered,
provided that the school shall not modify its curriculum to fall below the
minimum requirements outlined in 16.7.5 NMAC.
[16.7.5.11
NMAC - Rp 16.7.5.11 NMAC, 11/15/2019]
16.7.5.12 QUALIFICATIONS FOR INSTRUCTORS WITHIN THE MINIMUM
CURRICULA: All instructors providing hands-on massage
therapy instruction within a registered massage therapy school’s minimum
curricula shall
A. hold a valid massage therapist license in New Mexico;
B. have completed
at least 50 contact hours of instructional experience of professional teaching
or workshop instruction; and
C. have practiced massage therapy for a minimum of two years
within the past three years.
[16.7.5.12
NMAC - N, 11/15/2019]
16.7.5.13 SCHOOL DOCUMENTATION REQUIREMENTS FOR INSTRUCTORS
WITHIN THE MINIMUM CURRICULA:
A. All massage
therapy schools shall provide to the board, both in initial applications for
registration and as part of each renewal thereafter, a list of all instructors
providing hands-on massage therapy instruction within their minimum curricula.
B. As part of an
initial application for registration and as necessary in each renewal
thereafter, a massage therapy school shall submit the following documentation
pertaining to all instructors within its minimum curricula:
(1) Documentation
verifying two years of professional massage therapy experience during the past
three years, including a minimum of three of the following documents:
(a) income tax forms documenting massage therapy practice;
(b) verifiable letters from clients confirming receipt of
massage therapy services from the applicant;
(c) proof of rent or lease of practice location or office space;
(d) proof of current association membership;
(e) proof of current professional insurance;
(f) copies of dated receipts for massage therapy
practice-related supplies or furnishings that total a minimum of $500;
(g) verifiable letters from employers; and
(h) work log consisting of appointment dates and time periods
worked on clients.
(2) Documentation
of completion of 50 contact hours of instructional experience of professional
teaching or workshop instruction.
C. As part of any
application for a renewal of a massage therapy school registration, the
applicant shall submit a list of all instructors providing hands-on massage
therapy instruction within their minimum curricula. A school shall only submit
supporting documentation as to an instructor’s qualifications if it has not
previously provided such documentation to the board.
D. First Renewal
Following Adoption of these Rules: All
currently-registered massage therapy schools shall provide documentation to the
board as to the qualifications of all instructors providing hands-on massage
therapy instruction within their minimum curricula in their next renewal
applications. A school does not need to
submit supporting documentation as to an instructor’s qualifications if that
instructor was a registered massage therapy instructor, independent or
school-based, as of February 4, 2019.
E. The board shall not grant an initial registration or a renewal application for any massage therapy school who fails to submit the necessary documentation related to its instructors within the minimum curricula.
[16.7.5.13
NMAC - N, 11/15/2019]
16.7.5.14 REQUIREMENTS FOR TEACHING ASSISTANTS WITHIN THE
MINIMUM CURRICULA: Registered
massage therapy schools may utilize persons to assist massage therapy
instructors within the minimum curricula in providing instruction to massage
therapy students working toward obtaining their massage therapy license. Such persons shall be considered teaching
assistants.
A. The teaching assistant must be a licensed massage therapist.
B. The teaching assistant must be supervised by a massage
therapy instructor who is physically present in the room.
C. Experience as a teaching assistant shall apply to the
50-hour requirement outlined in Paragraph (3) of Subsection B of 16.7.6 NMAC.
D. It is the responsibility of the registered massage therapy
school to ensure that the teaching assistant complies with the board's
regulations.
[16.7.5.14
NMAC - N, 11/15/2019]
HISTORY
OF 16.7.5 NMAC:
Pre-NMAC
History: The material in this part is derived from
that previously filed with the State Records Center and Archives under: Rule
92-7, Approval of Massage Therapy Schools/Instructors, 3/26/1992;
Rule
92-7, Massage Therapy Schools/Instructors, 9/9/1992;
Regulation
7, Massage Therapy Schools/Instructors, 1/5/1994.
History
of Repealed Material:
16
NMAC 7.5, Requirements for Schools and Mentorship Training Programs - Repealed
12/24/1999.
16.7.5
NMAC, Requirements for Schools filed 5/29/2001 - Repealed 11/15/2019.
Other History:
16.7.5
NMAC, Requirements for Schools filed 5/29/2001 was replaced by 16.7.5 NMAC,
Requirements for Schools effective 11/15/2019.