Nothing in the Naturopathic Doctors' Practice Act shall be construed to prohibit or to restrict:

1. A. the practice of a health care profession by an individual who is licensed, certified or registered under other laws of this state and who is performing services within the individual's authorized scope of practice;
2. B. the practice of naturopathic medicine by a student enrolled in an approved naturopathic medical educational program; provided that the practice of naturopathic medicine by a student is performed pursuant to a course of instruction or an assignment from an instructor and under the direct supervision of the instructor who is a licensee or a duly licensed professional in the instructed field;
3. C. any person that sells a vitamin or herb from providing information about the vitamin or herb;
4. D. the practice of naturopathic medicine by persons who are licensed to practice in any other state or district in the United States and who enter this state to consult with a naturopathic doctor of this state; provided that the consultation is limited to examination, recommendation or testimony in litigation; or

5. E. any person or practitioner who is not licensed as a naturopathic doctor from recommending ayurvedic medicine, herbal remedies, nutritional advice, homeopathy or other therapy that is within the scope of practice of the Unlicensed Health Care Practice Act 61-35-1 through 61-35-8 NMSA 1978; provided that the person or practitioner shall not:

   1. (1) use a title protected pursuant to 61-12G-10 NMSA 1978 of the Naturopathic Doctors' Practice Act;
   2. (2) represent or assume the character or appearance of a licensee; or
   3. (3) otherwise use a name, title or other designation that indicates or implies that the person is a licensee.

[16.10.22.21 NMAC - N, 3/24/2020]