TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 7 MASSAGE
THERAPISTS
PART 1 GENERAL PROVISIONS
16.7.1.1 ISSUING AGENCY: Regulation and Licensing Department, Massage
Therapy Board.
[16.7.1.1
NMAC - Rp, 16.7.1.1 NMAC, 11/15/2019]
16.7.1.2 SCOPE:
This part applies to the board, licensees, registrants, applicants, and
the general public.
[16.7.1.2
NMAC - Rp, 16.7.1.2 NMAC, 11/15/2019]
16.7.1.3 STATUTORY AUTHORITY: This part is adopted pursuant to the Massage
Therapy Practice Act, Subsections E and F of Section 61-12C-7, Subsection A of Section 61-12C-8 and Section 61-12C-11 NMSA 1978.
[16.7.1.3
NMAC - Rp, 16.7.1.3 NMAC, 11/15/2019]
16.7.1.4 DURATION: Permanent.
[16.7.1.4
NMAC - Rp, 16.7.1.4 NMAC, 11/15/2019]
16.7.1.5 EFFECTIVE DATE: November 15, 2019, unless a later date is
cited at the end of a section.
[16.7.1.5
NMAC - Rp, 16.7.1.5 NMAC, 11/15/2019]
16.7.1.6 OBJECTIVE: This part is to establish the requirements
for display of licenses and certificates, name change, address change,
verification of licensure procedures, board meetings, and inspection of public
records.
[16.7.1.6
NMAC - Rp, 16.7.1.6 NMAC, 11/15/2019]
16.7.1.7 DEFINITIONS:
A. “Academic hour” means a credit hour or semester hour taken in an academic setting that is equivalent to 15 class or contact hours.
B. “Active status” means a license that is current and authorized the licensee or
registrant to perform the practice or service authorized by the license or
registration.
C. “Board” means the New Mexico board of massage therapy, hereinafter referred to as the board.
D. “Board administrator” or
“administrator”
means the staff person assigned certain express or implied executive and
administrative function of the board as defined by board regulations or as
required to carry out the provisions of the act.
E. “Class hour” or “contact hour” means no less than 50 minutes of any one-clock hour during which the student/massage therapist participates in a learning activity in the physical presence and under the tutelage of an instructor.
F. “Client” means a
recipient of “professional services” or a massage therapy student. In the case of individuals not able to give
legal consent their legal guardian shall be the client for decision making
purposes.
G. “Clinical practicum” means that a student is
providing hands-on massage therapy to members of the
public under the supervision of a massage therapy instructor. That instructor must be physically present on
the premises for advice and assistance.
The student must be enrolled at a registered massage therapy school or
being trained by a massage therapy instructor.
Clinical practicum does not include classroom practice.
H. “Compensation” means a gain, whether monetary,
trade or barter, for massage therapy services.
I. “Complainant”
means the complaining party of a complaint filed against a licensee(s),
registrant(s), or applicant(s) for licensure or registration.
J. “Complaint”
means a sworn written complaint.
K. “Confidential
information” means personally identifiable information revealed by a
client.
L. “Continuing Education Provider” means:
(1) an individual who was an active New Mexico registered
independent massage therapy instructor on 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) an accredited post-secondary educational institution.
M. “Curriculum”
means the subject that will be taught, including the knowledge, skills, and abilities, as required in the course
syllabus, that students will acquire from the course.
N. “Examining agency”
means the national certification board for therapeutic massage and bodywork
(NCBTMB) or the federation of state massage therapy boards (FSMTB), or other
examination or certification agency approved by the board.
O. “Expired status”
means a license that has not been reactivated from inactive status and can no
longer be reactivated.
P. “Grace period”
refers to the 60 day period following the renewal date when a massage
therapist, licensee, or massage school registrant may renew a license or
registration (that was not renewed timely) with a penalty fee. A licensee or registrant may still practice
or provide the services authorized by the license or registration during those
60 days.
Q. “Grace period
status” refers to the license or registration that has not been renewed by
the renewal date assigned to it, but has not yet been placed on inactive
status.
R. “Hands-On”
refers to a massage modality or technique that involves palpation or soft
tissue manipulation.
S. “Inactive status”
occurs when a massage therapist’s license is not renewed by the end of the grace
period allowed for in the licensee’s renewal cycle. A license can also be placed on inactive
status for a period of two years. If the
inactive license is not reactivated within those two years, it automatically
expires, lapses and becomes null and void.
T. “Inactive status period” refers to a period not to exceed two years and only applies to massage therapists. Massage therapists may not practice during their inactive status period.
U. “Jurisprudence”
means an examination covering the Massage Therapy Practice Act and the board’s
rules and regulations, 16.7 NMAC.
V. “Lapsed status”
means the license or registration is null and void, is no longer valid and
cannot be reactivated.
W. “Licensee” means a person whose
professional conduct is subject to regulation by the board.
X. “Manual” means by use of hands or body.
Y. “Massage therapist” means a person licensed to
practice massage therapy pursuant to the New Mexico Massage Therapy Practice
Act, Subsection E of Section 61-12C-E NMSA 1978.
Z. “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.
AA. “Massage Therapy Practice
Act” refers to Sections 61-12C-1 NMSA 1978 et seq. (as amended through
2019).
BB. “Massage therapy school” means a facility providing an educational program in massage therapy.
CC. “MBLEx” means the massage and bodywork licensing examination, as offered by the federation of state massage therapy boards “FSMTB”.
DD. “Mechanical” means any tool or device that mimics or
enhances the actions possible by the hands.
EE. “National
certification examination” means the national certification examination for
therapeutic massage and bodywork (NCETMB) or the national certification
examination for therapeutic massage (NCETM).
FF. “Notice of contemplated action” means
the administrative process used by the board for a licensee, registrant or
applicant for licensure or registration to be afforded notice and an
opportunity to be heard in a formal hearing before the board, before the board
has authority to take any action which would result in denial, suspension,
revocation, restriction, probation, monitoring, censuring, etc., of a license,
registration, application or licensure or registration.
GG. “Null and void status”
means the license or registration is no longer valid and cannot be reactivated.
HH. “Official examination results” means official pass/fail reports that
the applicant has made arrangements to be sent directly to the board by the
national certification board for therapeutic massage and bodywork or the
federation of state massage therapy boards.
II. “Official transcripts” means those
transcripts provided to the board office by the massage therapy school where
the applicant received training.
JJ. “Permanent
license” means
a license issued once the applicant has met all the requirements for licensure
as set forth in this regulation, but which must be kept updated by meeting the
board's renewal and continuing education requirements, and which is subject to
disciplinary action by the board for violations of the board's statute or
regulations, up to an including revocation.
KK. “Professional massage
therapy experience” means lawful massage therapy services performed for
compensation.
LL. “Professional relationship” means a business relationship
between a licensee and a client for the purpose of the client obtaining the
licensee's “professional services.
MM. “Professional services” means all
actions of the licensee in the context of a “professional relationship” with a
client.
NN. “Related
hands-on modalities” means manual therapies, not directly defined as
massage therapy.
OO. “Renew”
means to begin again after an interval of time; to make valid again for a
further period.
PP. “Renewal date”
means the deadline date upon which the license or registration must be made
valid again for another period of time.
QQ. “Respondent” means a licensee, registrant or
applicant for licensure or registration who is governed under the Massage Therapy
Practice Act, and who is the subject of a complaint.
RR. “Sexual
conduct” includes, but is not limited to, sexual intercourse, indecent
exposure, sexual assault, non-therapeutic anogenital
contact or any offer or agreement to engage in any such activities.
SS. “Soft tissue”
includes skin, adipose, muscle and myofascial tissues.
TT. “Student” means an
individual currently enrolled in or attending class(es) in a massage therapy program under the jurisdiction of
the New Mexico state board of massage therapy.
UU. “Syllabus” means a
detailed outline of a course including at least: the name of the course, course
description, goals and objectives, required prerequisites, number of
educational hours, detailed timeline, provisions for
make-up work, required text, and reading resources, instructional materials and
handouts, requirements for successful completion and method of evaluation.
VV. “Teaching assistant” means an
individual who assists an instructor in class.
Any instruction to students must be performed while under the direct
supervision of the instructor.
WW. “Temporary license”
means 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.
XX. “Treatment of soft
tissues” is the repetitive manipulation of soft tissues from more than one
anatomical point by manual or mechanical means to accomplish homeostasis or pain
relief in the tissues being deformed.
YY. “Uniform Licensing Act” refers to Sections 61-1-1 NMSA 1978 et seq.
(as amended through 2003).
[16.7.1.7
NMAC - Rp, 16.7.1.7 NMAC, 11/15/2019]
16.7.1.8 SCOPE OF PRACTICE: As defined by the Massage Therapy Practice Act, the practice
of massage therapy consists of the assessment of the soft tissue structures of
the body; the treatment and prevention of physical dysfunction and pain of soft
tissue; and joint movement within normal physiologic range of motion to relieve
pain or to develop, maintain, rehabilitate or augment physical function.
[16.7.1.8
NMAC - Rp, 16.7.1.8 NMAC, 11/15/2019]
16.7.1.9 MASSAGE THERAPY
LICENSE AND REGISTRATION:
A. License/registration
display:
(1) A
current license/registration must be displayed and must be visible to the
public in the principal place of employment or business of the massage
therapist or registrant;
(2) A
licensee/registrant must practice massage therapy or provide massage therapy
training under the name inscribed on the license or registration;
B. Duplicate/replacement license or wall
certificate:
(1) The
board will issue a duplicate/replacement license or upon receipt of a written
request which states the reason for such duplication or replacement (for example:
it was lost, stolen, destroyed; or name was legally changed). A replacement license is available for a fee
as defined in Subsection D 16.7.3.8 NMAC; and
(2) The
records of the board are to reflect that a duplicate/replacement license or
wall certificate was issued.
C. Name change:
(1) Any
name change requires that a replacement license or registration be issued. The board will issue a replacement license or
registration upon receipt of a copy of the legal document (only marriage certificate, divorce decree or court order
accepted). A change of name form is
available from the board’s website or from the board office; and
(2) A
licensee or registrant not wishing to request a replacement license or
registration must continue to use the name as initially issued on the license
or registration, until the requirements of Paragraph 1 of Subsection C of
16.7.1.8 NMAC, above have been met.
D. Address change: Licenses and registrations
are mailed to the license or registration holder's last mailing address as
noted in the records of the board.
Therefore, licensees and registrants shall maintain a current mailing
address with the board by immediately notifying the board office in writing
whenever a change of an address has occurred.
A change of address form is available from the board’s website or from
the board office.
E. License and registration property of the
board: All licenses and registrations are the
property of the board and will immediately be returned to the board upon
request.
[16.7.1.9
NMAC - Rp, 16.7.1.9 NMAC, 11/15/2019]
16.7.1.10 INSPECTION OF
BOARD RECORDS:
A. The board operates in compliance with the Inspection of
Public Records Act, Sections_14-2-1 through 14-2-16 NMSA
1978.
B. The board
administrator is the custodian of the board's records.
C. Any one may
examine all public records in the board's custody, provided the person gives
advance notice to the board administrator in accordance with the Inspection of
Public Records Act.
D. The board may
provide copies of public records upon request and upon payment of a copying fee
in accordance with Subsection D of 16.7.3.8 NMAC, or as may be ordered by a
court of competent jurisdiction.
E. Only the board’s
staff is authorized to remove original board documents from the board’s office
for the purpose of attending board or committee meetings or other board
business.
F. The board office
is not obligated to create lists, labels or any other materials that are not
already in existence.
[16.7.1.10
NMAC - Rp, 16.7.1.10 NMAC, 11/15/2019]
16.7.1.11 PUBLIC RECORDS: Except as provided herein
and except as otherwise provided by law, all applications, pleadings,
petitions, motions, exhibits, decisions and orders entered following formal
disciplinary proceedings conducted pursuant to the Uniform Licensing Act are
matters of a public record as of the time of filing with or by the board.
[16.7.1.11
NMAC - Rp, 16.7.1.11 NMAC, 11/15/2019]
16.7.1.12 NON-PUBLIC RECORDS:
A. Except as
provided herein and except as otherwise provided by law, the following records
will be considered confidential and are not subject to public inspection:
(1) letters of reference;
(2) medical reports or records of chemical dependency, physical
or mental examinations or treatment;
(3) examination scores; the contents of any examination used to
test for an individual's knowledge or competence;
(4) investigative files; and
(5) matters of opinion.
B. Only board
members and board staff may have access to non-public records, unless approved by
the board attorney or ordered by a court of competent jurisdiction.
[16.7.1.12
NMAC - Rp, 16.7.1.12 NMAC, 11/15/2019]
16.7.1.13 TELEPHONE CONFERENCES: If it is difficult or impossible for a member of the board
to attend a meeting in person, the member may participate through telephone
conference. Each member participating by
telephone conference must be identified when speaking; all participants must be
able to hear each other at the same time; and members of the public attending
the meeting must be able to hear any member of the board who speaks during the
meeting.
[16.7.1.13
NMAC - Rp, 16.7.1.13 NMAC, 11/15/2019]
HISTORY OF 16.7.1 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
State Records Center and Archives under:
Rule
92-1, Definitions, 1/17/1992.
Rule
92-1, Definitions, 9/9/1992.
Regulation
1, Definitions, 1/5/1994.
History of Repealed Material:
16.7.1 NMAC - Massage Therapists - General Provisions filed 5/29/2001,
Repealed effective 11/15/2019.
Other History:
16.7.1 NMAC, Massage Therapists -
General Provisions filed 5/29/2001 was replaced by 16.4.1 NMAC, 16.7.1 NMAC,
Massage Therapists - General Provisions effective 11/15/2019.