NM Massage Law cheat sheet

Massage therapy is defined as the manipulation of soft tissue for therapeutic purposes, including but not limited to stroking, kneading, friction, vibration, percussion, and compression, and may include the use of heat, cold, water, and topical preparations.

A licensed massage therapist may not diagnose, prescribe, or treat illness or injury; performing spinal adjustments or internal organ manipulation is outside the scope.

Practice without a license is prohibited; a licensee must carry and display their license or a copy at the primary place of practice and present it upon request by the Board or a client.

Informed consent must be obtained before treatment; the therapist must explain the nature of the massage, any potential risks, and the expected outcomes, and document the client's consent.

Proper draping is required to protect client modesty and privacy; the client must be draped at all times except for the area being massaged, and the therapist must use appropriate draping techniques.

Confidentiality of client information is mandatory; client records, including health history and treatment notes, must be kept secure and not disclosed without written authorization except as required by law.

A therapist must refuse to perform massage when contraindications exist (e.g., fever, contagious skin conditions, acute inflammation) or when the client is under the influence of alcohol or drugs.

The Board may discipline a licensee for unprofessional conduct, including sexual misconduct, practicing beyond scope, failure to maintain records, or practicing while impaired.

Massage therapists must maintain a clean and safe environment, including proper sanitation of equipment and linens, and adherence to universal precautions and infection control standards.

The New Mexico Massage Therapy Board is established under the Massage Therapy Practice Act (NMSA 1978, Sections 61-12C-1 et seq.) and is administratively attached to the Regulation and Licensing Department.

The Board consists of five members appointed by the Governor: three licensed massage therapists, one physician, and one public member; members serve staggered three-year terms and may not serve more than two consecutive terms.

The Board has the authority to adopt rules, set fees, approve educational programs, administer examinations, issue and renew licenses, and impose disciplinary actions including reprimand, probation, suspension, or revocation.

A quorum for Board meetings is a majority of members (three), and official actions require a majority vote of those present, except for disciplinary actions which may require a higher threshold as specified in rules.

The Board may conduct investigations and hearings upon complaints; it must provide notice and an opportunity for a hearing in accordance with the Uniform Licensing Act (NMSA 1978, Sections 61-1-1 et seq.).

Licensees must report to the Board any change of address within 30 days and any criminal conviction within 30 days of the conviction.

The Board may issue cease and desist orders and impose civil penalties for unlicensed practice, and may seek injunctive relief through the district court.

The Board's rulemaking must follow the State Rules Act, including publication in the New Mexico Register and a public comment period.

The Board may establish advisory committees and approve continuing education providers; it must maintain a public roster of licensees and make it available upon request.

To be licensed, an applicant must be at least 18 years old, have a high school diploma or equivalent, complete a Board-approved massage therapy program of at least 650 hours, and pass a Board-approved examination (e.g., MBLEx).

Licensure by reciprocity is available for therapists licensed in another state with equivalent requirements; the applicant must submit verification of licensure and may need to pass a jurisprudence examination.

Licenses expire annually on October 31; renewal requires submission of a completed application, payment of the renewal fee, and attestation of completion of 16 hours of continuing education, including 2 hours in ethics.

A late renewal fee is assessed for licenses renewed after the expiration date; practicing with an expired license is unlicensed practice and subject to disciplinary action.

A licensee may request inactive status; while inactive, the licensee may not practice and must still renew the license and pay fees to maintain the status.

A license may be reinstated after expiration by submitting a reinstatement application, paying all fees, and providing evidence of continuing education for the lapsed period, as determined by the Board.

The Board may require a criminal background check for initial licensure and for reinstatement; convictions may be grounds for denial if directly related to the practice of massage therapy.

Licensees must notify the Board in writing within 30 days of any change of name or address; failure to do so may result in a fine or disciplinary action.

A temporary license may be issued to applicants who have completed all requirements except the examination, allowing practice under supervision for a limited period.

Initial education must consist of a minimum of 650 clock hours of instruction at a Board-approved school, covering anatomy, physiology, kinesiology, pathology, massage techniques, ethics, business practices, and supervised clinical practice.

The curriculum must include at least 100 hours of anatomy and physiology, 100 hours of massage theory and practice, 50 hours of pathology, and 20 hours of ethics, business, and law.

Continuing education (CE) requirements: 16 hours per renewal cycle (annually), of which at least 2 hours must be in ethics and 2 hours in safe practices or communicable disease prevention.

CE hours must be obtained from Board-approved providers or programs; the Board may accept CE from other states if the provider is approved by a national or state accrediting body.

A licensee must maintain records of CE completion for at least 4 years and provide them to the Board upon request; failure to provide documentation may result in disciplinary action.

The Board may waive CE requirements for documented medical hardship or active military service; requests must be made in writing with supporting documentation.

Instructors at approved schools must have a minimum of 3 years of licensed massage experience and completed instructor training or equivalent, as determined by the Board.

Schools must be licensed by the Board and meet facility, equipment, and instructor qualifications; they must also provide students with a copy of the Massage Therapy Practice Act and Board rules.

CE providers must be approved by the Board and must issue certificates of completion that include the provider's name, the licensee's name, the course title, date, and number of hours.