1. A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of activities properly classified as engineering; provided that the architect shall not make any representation as being a professional engineer or as performing engineering services; and further provided that the architect shall perform only that part of the work for which the architect is professionally qualified and shall use qualified professional engineers or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, regulations and ordinances of the state or its political subdivisions pertaining to all documents bearing the architect's professional seal.
2. B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers engineering services to the public; and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer. Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 or within off-premises easements constitutes engineering services to the public and is subject to the Engineering and Surveying Practice Act.
3. C. A rural electric distribution cooperative shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that the cooperative's services are not offered to the public and are performed only within the legal boundaries of the property that the cooperative owns, leases, has an easement or right of way on or lawfully operates.

History: 1978 Comp., § 61-23-22, enacted by Laws 1993, ch. 218, § 17; 1998, ch. 43, § 1; 2017, ch. 42, § 10; 2023, ch. 79, § 6; 2025, ch. 41, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-32 NMSA 1978, as amended by Laws 1979, ch. 363, § 17, relating to organizations permitted to practice, effective June 19, 1987, and enacted former 61-23-22 NMSA 1978.

Laws 1993, ch. 218, § 17 repealed former 61-23-22 NMSA 1978, as enacted by Laws 1987, ch. 336, § 22, providing exemptions from the Engineering and Surveying Practice Act, and enacted a new section, effective July 1, 1993.

The 2025 amendment, effective June 20, 2025, created an exemption from the Engineering and Surveying Practice Act for rural electric distribution cooperatives; and added Subsection C.

The 2023 amendment, effective June 16, 2023, provided the condition that the engineering services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language in the section; in Subsection A, added "professional" preceding "engineer"; and in Subsection B, after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer", after "Section 61-23-26 NMSA 1978", added "or within off-premises easements", and after "to the public and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act".

The 2017 amendment, effective July 1, 2017, clarified that performing engineering services on public works projects constitutes engineering services to the public and is not exempt from the provisions of the Engineering and Surveying Practice Act; in Subsection A, after "the architect shall not", deleted "hold himself out to be" and added "make any representation as being"; and in Subsection B, after "employed by a", deleted "firm, association or corporation" and added "business entity", after "operation of the", deleted "employer’s" and added "business entity’s", after "the employee nor the", deleted "employer" and added "business entity", and added the last sentence.

The 1998 amendment, effective May 20, 1998, deleted Subsection B and redesignated Subsection C as Subsection B.