1. A. Pursuant to the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], the board may take disciplinary action against an individual licensed pursuant to the Massage Therapy Practice Act.
2. 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:
3. (1) is guilty of fraud, deceit or misrepresentation;
4. (2) attempted to use as the licensee's own the license of another;
5. (3) allowed the use of the licensee's license by another;
6. (4) has been adjudicated as mentally incompetent by regularly constituted authorities;
7. (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;
8. (6) is guilty of unprofessional or unethical conduct or a violation of the code of ethics;
9. (7) is habitually or excessively using controlled substances or alcohol;
10. (8) is guilty of false, deceptive or misleading advertising;
11. (9) is guilty of aiding, assisting or advertising an unlicensed individual in the practice of massage therapy;
12. (10) is grossly negligent or incompetent in the practice of massage therapy;
13. (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 shall be conclusive evidence of the conviction; or
14. (12) 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 [Chapter 14, Article 4 NMSA 1978].
15. 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.
16. 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.
17. 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.

History: Laws 1991, ch. 147, § 24; 1993, ch. 173, § 18; 1999, ch. 240, § 18; 2019, ch. 40, § 10.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-12C-28 NMSA 1978.

The 2019 amendment, effective February 4, 2019, changed the criminal standard for the massage therapy board to impose disciplinary action on a massage therapy licensee, required the board to establish guidelines for the disposition of disciplinary cases; in the heading, deleted "denial"; in Paragraph B(5), after "convicted of", deleted "any offense punishable by incarceration in a state penitentiary or federal prison" and added "a crime that substantially relates to the qualifications, functions or duties of a massage therapist"; and in Subsection D, after "The board", deleted "may" and added "shall".

The 1999 amendment, effective July 1, 1999, rewrote Subsection A; added the present Subsection B designation and redesignated former Subsections B through D as Subsections C through E; substituted "The board has authority to take an action set forth in Section 61-1-3 NMSA 1978" for "set forth in the Uniform Licensing Act"; in Subsection B(1), deleted "in procuring or attempting to procure a license or registration provided for in the Massage Therapy Practice Act" following "deceit or misrepresentation"; in Subsection B(5), substituted "has been convicted of any offense punishable by incarceration in a state penitentiary or federal prison" for "has been convicted or found guilty, regardless of adjudication, of a crime, in any jurisdiction, that directly relates to the practice of massage therapy or to the ability to practice massage therapy. Any plea of nolo contendere shall be considered a conviction for the purposes of this section", and added the last sentence; and added Subsection B(12).

The 1993 amendment, effective June 18, 1993, in Subsection A, inserted "impose a fine not to exceed one thousand dollars ($1,000), place on probation as specified by the board or" near the beginning, "temporary license or registration" near the middle and "registrant" near the end of the introductory paragraph, substituted "a license" for "any license" in Paragraph (1), inserted "or registration" following "license" in Paragraphs (1) to (3) and (11), added "or a violation of the code of ethics" at the end of Paragraph (6), inserted "or unregistered" in Paragraph (9), inserted "or registrant" near the middle and substituted the language beginning "conviction shall" for "the juridiction making such revocation, suspension or denial shall be conclusive evidence thereof" at the end of Paragraph (11); rewrote Subsection C, which made violation of the Massage Therapy Practice Act a petty misdemeanor and provided a fine not exceeding $500 or imprisonment up to six months in jail or both; and added Subsection D.