TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 7 MASSAGE THERAPISTS
PART 4 REQUIREMENTS FOR LICENSURE
18.104.22.168 ISSUING AGENCY: Regulation and Licensing Department, Massage Therapy Board.
[22.214.171.124 NMAC - Rp, 126.96.36.199 NMAC, 07-28-05]
188.8.131.52 SCOPE: This part applies to applicants for licensure.
[184.108.40.206 NMAC - Rp, 220.127.116.11 NMAC, 07-28-05]
18.104.22.168 STATUTORY AUTHORITY: This part is adopted pursuant to the Massage Therapy Practice Act, Sections 61-12C-8.B, 61-12C-8.C, 61-12C-9 and 61-12C-16.
[22.214.171.124 NMAC - Rp, 126.96.36.199 NMAC, 07-28-05]
188.8.131.52 DURATION: Permanent.
[184.108.40.206 NMAC - Rp, 220.127.116.11 NMAC, 07-28-05]
18.104.22.168 EFFECTIVE DATE: July 28, 2005, unless a later date is cited at the end of a section.
[22.214.171.124 NMAC - Rp, 126.96.36.199 NMAC, 07-28-05]
188.8.131.52 OBJECTIVE: This part is to establish the minimum requirements for applicants applying for licensure by examination, temporary licensure and licensure by credentials, and to establish the licensure procedures.
[184.108.40.206 NMAC - Rp, 220.127.116.11 NMAC, 07-28-05]
18.104.22.168 DEFINITIONS: [RESERVED]
[22.214.171.124 NMAC - Rp, 126.96.36.199 NMAC, 07-28-05; A, 09-04-09]
[Refer to 188.8.131.52 NMAC]
184.108.40.206 LICENSE OR REGISTRATION REQUIRED:
A. Massage therapists: A person must be licensed by the board in order to legally provide or offer to provide massage therapy as defined in 220.127.116.11 NMAC; or to use the title or represent him/herself to be a massage therapist; or to use any other title, abbreviations, letters, figures, signs or devices that indicate the person is a massage therapist.
B. Massage therapy instructors: A person shall be registered by the board, as a registered massage therapy instructor, as set forth in 16.7.6 NMAC, in order to legally provide or offer to provide any massage therapy training as a massage therapy instructor.
C. Massage therapy schools: Massage therapy schools must be registered by the board, as set forth in 16.7.5 NMAC, before they can legally operate and offer education, instruction or training in massage therapy.
[18.104.22.168 NMAC - N, 07-28-05; A, 09-04-09; A, 03-31-15]
22.214.171.124 LICENSURE EXEMPTIONS: The following are exempted from licensure by the board pursuant to Section 61-12C-5.1 of the Massage Therapy Practice Act.
A. Other professionals licensed in or regulated by another New Mexico licensing board or agency rendering services within the scope of their authorizing law or regulation, provided they do not represent themselves as massage therapists.
B. Massage therapy students who are rendering massage therapy services within the course of study of a registered massage therapy school or under the supervision of a registered massage therapy instructor.
C. Massage therapy instructors visiting New Mexico who have met the requirements set forth in 126.96.36.199 NMAC.
D. Sobadores; Hispanic traditional healers; Native American healers; reflexologists whose practices are limited to hands, feet and ears; practitioners of polarity, Trager approach, Feldenkrais method, craniosacral therapy, Rolfing structural integration, reiki, ortho-bionomy or ch’i gung; or practitioners of healing modalities not listed in this subsection who do not manipulate the soft tissues for therapeutic purposes from practicing those skills. However, if any of these persons applies for and is granted a license pursuant to the Massage Therapy Practice Act, that person shall comply with all licensure requirements and be subject to the provisions of the boards’ statute and regulations.
[188.8.131.52 NMAC - N, 07-28-05; A, 09-04-09]
184.108.40.206 GENERAL PROVISIONS FOR LICENSURE:
A. Age: The applicant must be eighteen (18) years of age or older on the date the application is submitted.
B. Pre-requisite education to massage therapy training: The applicant must have completed high school or its equivalent.
C. Photograph: The applicant must provide a 2"x 2" head and shoulders frontal view photograph taken of the applicant within the six (6)-months prior to making application for licensure.
D. Application fee: The applicant must pay the required application-processing fee as set forth in Subsection D of 220.127.116.11 NMAC of the board's regulations.
E. Board-approved application form: The applicant must provide a completed, legible board-approved application form that must either be typed or printed in black ink, along with any other documents required in the board’s application process.
(1) Incomplete application for licensure forms will be returned to the applicant for completion;
(2) Faxed application for licensure forms will not be accepted.
F. First aid and Cardiopulmonary Resuscitation (CPR): The applicant must have completed four (4) contact course hours of cardiopulmonary resuscitation (CPR) to include automatic external defibrillator (CPR/AED) and four (4) contact course hours of first aid and must provide proof, with the application, of current certification in basic life support accepted by EMS safety services, the american heart association or the American red cross. No on-line courses will be accepted. Courses must be maintained in current standing.
[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 07-28-05; A, 09-04-09; A, 03-31-15]
126.96.36.199 MASSAGE SCHOOL REQUIREMENT: The applicant for licensure as a massage therapist must have graduated from a massage therapy school approved to operate as a private post-secondary educational institution or its equivalent.
A. Out-of-state or multiple schools: The applicant who has graduated from an out-of-state massage therapy school or who has attended more than one massage therapy school must make arrangements for the school to provide the following items.
(1) The board's form “A” completed and submitted directly to the board by the massage therapy school(s) that the applicant attended as provided in 188.8.131.52 NMAC;
(2) An official transcript submitted directly to the board by the school(s) that meets the requirements in Subsection B of 184.108.40.206 NMAC;
(3) Proof that the school is approved to operate as a private post-secondary educational institution or its equivalent. The respective state’s department of higher education usually grants this approval. The name of the agency or entity may vary from state to state.
B. Official transcripts of massage therapy training: The applicant shall make arrangements for official transcript(s) to be sent directly to the board by the educational institution documenting that the applicant has completed a minimum of six hundred fifty (650) hours of massage therapy training as provided in 220.127.116.11 NMAC.
(1) If more than one massage therapy school was attended, at least one official transcript must document a minimum of 300 class hours of training in massage therapy as defined in 18.104.22.168 NMAC above;
(2) Continuing education (CE) or continuing education units (CEU) may be accepted toward the educational requirements for licensure;
(3) If official transcripts are not available due to unusual circumstances (example: school closure, destroyed records), the applicant will be responsible to provide satisfactory evidence to the board that he/she has met the required massage therapy training. The board shall consider such documentation on a case-by-case basis.
[22.214.171.124 NMAC - Rp, 126.96.36.199 NMAC, 07-28-05]
188.8.131.52 MINIMUM HOURS OF MASSAGE THERAPY TRAINING: The applicant must have completed at least a six hundred fifty (650) hour program in massage therapy training. The massage therapy training must meet the following minimum curriculum requirements:
A. one hundred sixty five (165) hours minimum of anatomy and physiology, to include:
(3) kinesiology; and
(4) forty (40) hours minimum of pathology.
B. one hundred fifty (150) hours minimum of training in massage therapy as defined in 184.108.40.206 NMAC.
(1) The massage therapy training shall include contraindications of massage therapy;
(2) A minimum of one hundred (100) hours of hands on training must be completed before the student is allowed to begin a clinical practicum as defined in 220.127.116.11 NMAC.
C. seventy five (75) hours minimum of general instruction to include.
(3) thirty (30) hours minimum of professional ethics;
(4) four (4) hours of first aid; and
(5) four (4) hours of cardiopulmonary resuscitation to include automatic external defibrillation (CPR/AED).
D. Electives may include:
(1) additional massage therapy;
(2) related hands-on modalities;
(3) additional anatomy and physiology;
(4) clinical practicum (not to exceed one hundred fifty (150) hours);
(9) breathing and stretching techniques;
(10) theory; and
(11) other courses with prior board approval. See 18.104.22.168 NMAC for instructions.
E. The total number of hours in the massage therapy program is a minimum of six hundred fifty (650) hours.
F. If an applicant is missing a core curriculum course or is missing a small portion of the core curriculum to complete the six hundred fifty (650) hour requirement, the applicant may obtain the training course(s) from a registered independent massage therapy instructor, or from a massage therapy school that meets the requirements in 22.214.171.124 NMAC.
G. The board will accept professional work experience (not to exceed one hundred fifty (150) hours) from applicants with documented proof accounting for all hours by completing Form C. These hours must have been performed legally and the applicant must provide proof of licensure or registration during the time the work was performed.
[126.96.36.199 NMAC - N, 07-28-05; A, 06-08-06; A, 09-04-09; A, 03-31-15]
188.8.131.52 FORM “A” FROM MASSAGE SCHOOL REQUIREMENT:
A. The following circumstances require that the applicant’s massage school(s) submit a completed “form A for massage school” to the board office along with an official transcript and proof that the massage therapy school(s) is/was approved to operate as a private post-secondary educational institution or its equivalent at the time the applicant attended the school(s):
(1) if the applicant attended a massage school that is located out-of-state; or
(2) if the applicant has attended more than one massage therapy school whether in-state or out-of-state; or
(3) if the applicant graduated from a massage therapy school more than two (2) years ago.
B. The “form A for massage school” contains four sections corresponding to Subsections A, B, C, and D of 184.108.40.206 NMAC, and each section must be completed correctly to prevent delays in the applicant’s licensure process.
(1) An hourly breakdown must be provided for each course/category/subject listed that the school provided in the curriculum that the applicant completed. If a subject is taught within another subject, the school should provide a written explanation on school letterhead and attached to the form “A”;
(2) If there are no hours specified next to a course/category/subject, it will be an indication to the board that the course/category/subject was NOT part of the school’s curriculum.
[220.127.116.11 NMAC - N, 07-28-05; A, 09-04-09]
18.104.22.168 ELECTIVE COURSES IN THE “OTHER” CATEGORY: If an applicant has attended a massage therapy training program that is not a registered massage therapy school and/or provides proof of completion of elective courses that falls under the "other" category in Paragraph (11) of Subsection D of 22.214.171.124 NMAC, the course(s) will be reviewed on a case-by-case basis and may be accepted by the board. The applicant must provide the following.
A. A separate written request for consideration of the course(s).
B. An official transcript that clearly names the course(s) to be considered.
C. A copy of the school catalog that clearly describes the course(s) to be considered. In accordance with Paragraph (2) of Subsection B of 126.96.36.199 NMAC, continuing education will NOT be accepted.
D. An administrative review fee as set forth in Paragraph 7 of Subsection A of 188.8.131.52 NMAC.
[184.108.40.206 NMAC - N, 07-28-05]
220.127.116.11 DOCUMENTS IN A FOREIGN LANGUAGE: Any document submitted in a foreign language must be accompanied by an accurate translation in English.
A. Each translated document must bear the affidavit of the certified translator attesting to it being a true and complete translation of the original document:
B. The affidavit must also contain the translator's contact information, including name, address and phone number of the organization that granted the translator certification:
C. Each translated document must bear a notary seal and signature swearing that the document is that of the applicants; and
D. Translation of any document relevant to a person's application will be at the expense of the applicant.
[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 07-28-05; A, 03-31-15]
126.96.36.199 SPECIFIC PROVISIONS FOR A TEMPORARY LICENSE: A license issued one (1)-time only for a maximum period of three (3) months to practice massage therapy while the application for permanent license is in process, and which may only be issued to applicants who have never sat for a licensing examination.
A. Qualifications for temporary license:
(1) The applicant for temporary license must meet all the requirements set forth in Sections 188.8.131.52 through 184.108.40.206 NMAC;
(2) The applicant for temporary license must not have previously sat for the national certification examination for therapeutic massage and bodywork (NCETMB), the national certification examination for therapeutic massage (NCETM) or the massage board licensing examination (MBLEx);
(3) The applicant may obtain a temporary license while waiting to sit for the national examination;
(4) Upon submitting the application for licensure, the applicant for a temporary license must submit a temporary license fee, as set forth in Subsection D of 220.127.116.11 NMAC;
(5) The board may deny issuance of a temporary license for the same reasons a permanent license may be denied.
B. Issuance of the temporary license:
(1) The applicant for temporary license may not begin work until the temporary license has been issued by the board, has been received by the licensee, and has been publicly posted in principal place of practice;
(2) The temporary licensee may not advertise in the yellow pages or other similar advertising book;
(3) The temporary licensee must keep the board informed at all times of any change in address and contact phone number(s);
(4) If the temporary license has not yet expired and the board receives official notice that the temporary licensee has passed a national examination, the temporary license will automatically become null and void. Provided that all other requirements have been met, a permanent license will be issued when payment of the initial license fee has been made.
C. Surrender of temporary license required:
(1) If a temporary license holder fails the national examination, the temporary license immediately becomes null and void and must be surrendered directly to the board office within fifteen (15) days of the examination date; and the privileges to practice authorized by the temporary license are no longer valid;
(2) Expired or null and void temporary licenses shall be surrendered to the board;
(3) If an applicant, who holds a temporary license that must be surrendered, has misplaced or lost the temporary license and cannot return it to the board as required, the applicant must provide the board with an affidavit attesting that the license has been lost or misplaced and that the applicant is no longer practicing massage therapy.
[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 07-28-05; A, 03-31-15]
126.96.36.199 SPECIFIC PROVISION FOR PERMANENT LICENSURE: The applicant must meet all the requirements set forth in Sections 188.8.131.52 through 184.108.40.206 NMAC, in addition to the following requirements:
A. Jurisprudence examination: The applicant for permanent licensure must successfully pass the board's jurisprudence examination as set forth in 220.127.116.11 NMAC.
B. National certification examination: The applicant must successfully pass the national certification examination for therapeutic massage and bodywork (NCETMB), or the national examination for therapeutic massage (NCETM) as provided in 18.104.22.168 NMAC, and must make arrangements for the national examining agency to send official examination results, as defined in 22.214.171.124 NMAC, directly to the board.
C. MBLEx: The applicant must successfully pass the massage and bodywork licensing examination, and must make arrangements for the examining agency to send official examination results directly to the board.
D. Licensure fee: Upon written notification, sent by the board that the applicant has met all other requirements for licensure, the applicant must submit the initial license fee as stated in the notification based on the fee structure set forth in Subsection A of 126.96.36.199 NMAC.
(1) The initial licensure fee must be paid in full before the permanent license will be issued;
(2) If the applicant fails to pay the initial license fee within thirty (30) days of receipt of the notification of approval, the application will be deemed withdrawn and subject to the provisions in 188.8.131.52 NMAC.
[184.108.40.206 NMAC - N, 07-28-05; A, 09-04-09; A, 03-31-15]
220.127.116.11 REQUIREMENTS FOR LICENSURE BY CREDENTIALS:
A. In addition to the requirements in Sections 18.104.22.168 through 22.214.171.124 and 126.96.36.199 NMAC, the applicant for licensure by credentials must provide verification of a current, valid massage therapy license in another state/territory of the United States, the District of Columbia or foreign nation.
(1) Verification of licensure or registration as a massage therapist must be sent directly to the board by the other licensing jurisdiction;
(2) The license to practice massage therapy must be in good standing. A prior disciplinary action by another licensing jurisdiction, related to health, safety and welfare, or any other civil or criminal issues will be evaluated by the board on a case by case basis. The review may lead to the issuance of a conditional or provisional license or to other disciplinary action up to and including denial of licensure.
B. The applicant must have met educational and examination requirements in the other jurisdiction equal to or exceeding New Mexico’s educational and examination requirements.
[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 07-28-05; A, 09-04-09]
220.127.116.11 APPLICATION EXPIRATION, WITHDRAWAL, AND DESTRUCTION:
A. Expiration or withdrawal of application: The application for licensure expires as follows and all previously paid fees will be forfeited if:
(1) the applicant fails to complete all requirements for temporary or permanent licensure within one (1) year from the date the applicant's application file is started by board office staff; or
(2) the applicant withdraws the application, either by notifying the board in writing or by not paying the initial license fee within the time allowed in Subsection C of 18.104.22.168 NMAC.
B. If the applicant still wishes to seek licensure after the application has expired or been withdrawn and it is still within one (1) year after the application expired was withdrawn, the applicant shall complete the following procedure.
(1) Submit a "reapplication form for withdrawn or expired application;”
(2) Submit whatever the application fee is at the time of reapplication;
(3) Complete any other requirements or submit any other documentation pending when the application was expired or withdrawn.
C. Application destruction: The board will maintain the expired or withdrawn application file for a period of one (1) year after the expiration or withdrawal date.
(1) After that date, the file will be purged from the board's records and destroyed;
(2) The applicant whose application has been purged from the board's records must complete the entire application process again if, in the future, they are interested in licensure.
D. Temporary license unavailable: The option for a temporary license will no longer be available to a person whose application has expired, been withdrawn, or been destroyed from the board's records.
[22.214.171.124 NMAC - N, 07-28-05; A, 03-31-15]
126.96.36.199 INITIAL LICENSE PERIOD: The applicant who has met all the requirements for licensure shall be issued an initial license for a period of up to two years, depending on when in the renewal cycle the initial license is issued, in order to schedule the license to renew on October 31.
A. The first renewal cycle may be for as short a period as one year and the initial license fee may be prorated accordingly based on the fee structure set forth in Subsection A of 188.8.131.52 NMAC.
B. After the license is renewed the first time, the license will be scheduled into a biennial cycle and will be renewed every two years.
[184.108.40.206 NMAC - Rp, 220.127.116.11 NMAC, 07-28-05]
18.104.22.168 DISPLAY OF LICENSE: While performing massage therapy the, licensee must display their current license to practice massage therapy in a conspicuous place of their practice location or place of their business.
[22.214.171.124 NMAC - N, 07-28-05; A, 03-31-15]
126.96.36.199 ADDRESS AND EMPLOYMENT PRACTICE CHANGES: It is the licensee’s responsibility to provide written notification to the board of any changes in addresses, phone numbers, and practice location(s) within thirty (30) days in order that renewal notices and other correspondence from the board will be received by the licensee in a timely manner, and in order for the board to be able to maintain accurate licensing records. A form is available for this purpose from the board office or from the board's website at www.rld.state.nm.us, or a letter to the board advising of the changes will also be adequate.
[188.8.131.52 NMAC - N, 07-28-05; A, 03-31-15]
184.108.40.206 ELECTRONIC APPLICATIONS: In accordance with the Uniform Electronic Transactions Act, Sections 14-16-1 through 14-16-21 NMSA 1978,, the board or its designee will accept electronic application.
A. A person seeking licensure as a New Mexico massage therapist or registrant may do so by submitting an electronic application. Applicants shall submit all information as required by 16.7.4 NMAC.
B. A massage therapist may renew his or her license, and a registrant may renew his or her registration, electronically through a designated website provided by the board. A person renewing his or her license or certificate shall submit all documentation as required by 16.7.12 NMAC
C. A massage therapist or registrant who is currently on inactive status may submit an electronic applications requesting reactivation of his or her license or registration. A person requesting reactivation of his or her license or registration shall submit all documentation as required by the Massage Therapy Practice Act, Section 61-12C-18 NMSA 1978, and 220.127.116.11 and 18.104.22.168 NMAC.
D. A person whose massage therapy license or registration has been suspended or revoked, or has expired, may in accordance with the Massage Therapy Act, the board’s rules and any lawful board or court order, submit an electronic application seeking reinstatement. Applicants shall submit all information as required by the Massage Therapy Practice Act, NMSA 1978. Chapter 61, Article 12C NMSA and the board’s rules.
[22.214.171.124 NMAC - N 03-31-15]
HISTORY OF 16.7.4 NMAC:
Pre-NMAC History: The material in this part is derived from that previously filed with the State Records Center and Archives under: Rule 92-2, Requirements for Licensure, 1-17-92
Rule 92-2, Requirements for Licensure, 9-9-92;
Regulation 2, Requirements for Licensure, 1-5-94;
Rule 92-3, Licensure Without Examination, 1-17-92;
Rule 92-3, Licensure by Credentials, 9-9-92;
Regulation 3, Licensure by Credentials, 1-5-94;
Rule 92-4, Application Procedure, 1-17-92;
Rule 92-4, Application Procedure, 9-9-92;
Regulation 4, Application Procedure, 1-5-94;
Rule 92-5, Provisional License, 1-17-92;
Rule 92-5, Provisional License, 9-9-92;
Regulation 5, Temporary License, 1-5-94
History of Repealed Material:
16 NMAC 7.4, Requirements for Licensure - Repealed 12-24-99
16.7.4 NMAC, Requirements for Licensure - Repealed 7-28-05.