New Mexico Massage Therapy Board Statutes and Rules
Board Statutes and Rules
This domain tests the legal architecture: the Massage Therapy Act, the Board's rulemaking and disciplinary authority, and the procedural limits that come from the Uniform Licensing Act.
Core rules
- The New Mexico Massage Therapy Act, NMSA 1978, Chapter 61, Article 12D, creates the Massage Therapy Board and authorizes it to license therapists, approve schools, adopt rules, investigate complaints, and impose discipline.
- The Board sits within the Regulation and Licensing Department and adopts rules published in the New Mexico Administrative Code. The Uniform Licensing Act, NMSA 1978, §§61-1-1 et seq., supplies notice, hearing, and appeal procedures for license actions.
- Board authority is statutory: it may deny, suspend, revoke, fine, or place conditions on a license, but it cannot award civil damages to a client or decide criminal guilt.
- Unlicensed practice and false representation as a licensed massage therapist are violations enforceable by the Board and may also be criminal matters.
Worked example
A client files a complaint alleging sexual misconduct during a session. The Board opens an investigation, gives the therapist notice, holds a hearing, and suspends the license. Reasoning: the Act and Uniform Licensing Act authorize the Board to investigate and sanction after due process. The Board does not award the client money damages; that would require a civil court.
Traps
Do not assume local city ordinances replace state law. Do not treat a Board complaint as a criminal trial with the same burden and rules. Do not ignore rule amendments in the NMAC. Do not think the Board can discipline someone who is not licensed-it refers unlicensed practice for enforcement.