The board has the power to:

1. A. adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Massage Therapy Practice Act, in accordance with the provisions of the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978];
2. B. provide for the evaluation of the qualifications of applicants for licensure as a massage therapist or registration as a massage therapy school under the Massage Therapy Practice Act;
3. C. provide for the issuance of massage therapist licenses to applicants who meet the requirements of the Massage Therapy Practice Act;
4. D. establish minimum curricula for massage therapy schools and provide for the issuance and revocation of massage therapy school registrations;
5. E. establish instructor qualifications for hands-on massage therapy instruction within the minimum curricula;
6. F. provide for the inspection, when required, of the business premises of any licensee or registrant during regular business hours;
7. G. establish minimum training and educational standards for licensure as a massage therapist;
8. H. pursuant to the Uniform Licensing Act, conduct hearings on charges against applicants or licensees and take actions described in Section 61-1-3 NMSA 1978;
9. I. bring an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Massage Therapy Practice Act;
10. J. issue cease and desist orders to persons violating the provisions of the Massage Therapy Practice Act or any rule adopted by the board pursuant to that act;
11. K. adopt an annual budget;
12. L. adopt a code of professional conduct for massage therapists;
13. M. provide for the investigation of complaints against licensees and registrants; and
14. N. publish at least annually combined or separate lists of licensed massage therapists and registered massage therapy schools.

History: Laws 1991, ch. 147, § 8; 1993, ch. 173, § 7; 1999, ch. 240, § 7; 2019, ch. 40, § 4.

ANNOTATIONS

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

The 2019 amendment, effective February 4, 2019, expanded the powers of the massage therapy board, including the power to establish minimum curricula for massage therapy schools, to provide for the issuance and revocation of massage therapy school registrations, and to establish instructor qualifications within the minimum curricula, and removed references to "massage therapy instructors"; and added new Subsections D and E, and redesignated former Subsections D through L as Subsections F through N, respectively.

The 1999 amendment, effective July 1, 1999, substituted "Board powers" for "Board duties" in the section heading, and "The board has the power to" for "The board shall have the power to" in the first sentence; in Subsection D, substituted "any licensee or registrant" for "any licensee"; in Subsection E, inserted "as a massage therapist or registration as a massage therapy instructor"; rewrote Subsections F to H; in Subsection J, substituted "a code of professional conduct" for "a code of ethics and"; in Subsection K, deleted "The board may issue investigation subpoenas prior to the issuance of a notice of contemplated action as set forth in Section 61-1-4 NMSA 1978"; and added Subsection L.

The 1993 amendment, effective June 18, 1993, inserted "have the power to" in the introductory paragraph; added current Subsection A; redesignated former Subsections A to I as Subsections B to J; substituted "provide for the evaluation of" for "evaluate" at the beginning and inserted "or registration" in Subsection B; substituted "provide for the issuance of" for "issue", inserted "or registrations" and substituted "who meet" for "to meet" in Subsection C; substituted "provide for the inspection" for "inspect" and inserted "of" in Subsection D; substituted "provide for the investigation of" for "investigate" in Subsection G; inserted "or registration" in Subsection H; deleted former Subsections J and K, pertaining to establishment of policies regarding continuing education and the adoption of rules and regulations; added current Subsection K; and made a minor stylistic change.