NM Massage Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Scope of massage therapy

Massage therapy involves manual manipulation of soft tissue for therapeutic purposes, including stroking, kneading, and compression, but excludes diagnosis, prescription, and spinal adjustment.

Informed consent

Before treatment, the therapist must explain the massage, its risks and benefits, and obtain the client's voluntary agreement, documenting it in the client record.

Draping requirements

Clients must be draped to protect modesty and privacy at all times, except for the specific area being massaged, using appropriate draping techniques.

Confidentiality obligation

Client health information and treatment records must be kept secure and not disclosed without written authorization, except as required by law.

Contraindications for massage

Massage must be refused when contraindications exist, such as fever, contagious skin conditions, acute inflammation, or when the client is impaired by alcohol or drugs.

Unprofessional conduct

Grounds for discipline include sexual misconduct, practicing beyond scope, failing to maintain records, practicing while impaired, and other conduct defined in Board rules.

Infection control standards

Therapists must maintain a clean environment, sanitize equipment and linens, and follow universal precautions to prevent disease transmission.

License display

A licensee must display their license or a copy at the primary practice location and present it upon request by the Board or a client.

Massage Therapy Board composition

The Board has five members: three licensed massage therapists, one physician, and one public member, appointed by the Governor for staggered three-year terms.

Board authority

The Board adopts rules, sets fees, approves schools, administers exams, issues licenses, and imposes discipline including reprimand, probation, suspension, or revocation.

Quorum requirement

A majority of Board members (three) constitutes a quorum, and official actions require a majority vote of those present, except as otherwise specified.

Complaint and hearing process

The Board investigates complaints and must provide notice and an opportunity for a hearing under the Uniform Licensing Act before imposing discipline.

Reporting convictions

Licensees must report any criminal conviction to the Board in writing within 30 days of the conviction.

Cease and desist orders

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

Rulemaking process

Board rules must follow the State Rules Act, including publication in the New Mexico Register and a public comment period before adoption.

Address change notification

Licensees must notify the Board in writing within 30 days of any change of address or name; failure may result in a fine or discipline.

Initial licensure requirements

Applicants must be at least 18, have a high school diploma or equivalent, complete a 650-hour Board-approved program, and pass a Board-approved exam.

Licensure by reciprocity

Therapists licensed in another state with equivalent requirements may apply for licensure by reciprocity, submitting verification and possibly passing a jurisprudence exam.

Renewal cycle and CE

Licenses expire annually on October 31; renewal requires a completed application, fee, and attestation of 16 CE hours, including 2 hours in ethics.

Late renewal fee

A late fee is assessed for renewals after the expiration date; practicing with an expired license constitutes unlicensed practice and may lead to discipline.

Inactive status

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

Reinstatement of license

Reinstatement after expiration requires a reinstatement application, payment of all fees, and evidence of continuing education for the lapsed period, as determined by the Board.

Criminal background check

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

Temporary license

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

Minimum education hours

Initial education must include at least 650 clock hours at a Board-approved school, covering anatomy, physiology, kinesiology, pathology, massage techniques, ethics, and clinical practice.

Curriculum distribution

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 and business.

Continuing education hours

Licensees must complete 16 hours of CE per annual renewal cycle, including at least 2 hours in ethics and 2 hours in safe practices or communicable disease prevention.

CE provider approval

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

CE record retention

Licensees must keep CE completion records for at least four years and provide them to the Board upon request; failure may result in discipline.

CE waiver

The Board may waive CE requirements for documented medical hardship or active military service upon written request with supporting documentation.

Instructor qualifications

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

School licensing requirements

Schools must be licensed by the Board, meet facility and equipment standards, and provide students with copies of the Massage Therapy Practice Act and Board rules.