44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO LICENSING; ENACTING A NEW SECTION OF THE NMSA 1978 TO EXEMPT CERTAIN PERSONS AND ACTIVITIES FROM THE APPLICATION OF THE MASSAGE THERAPY PRACTICE ACT; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Massage Therapy Practice Act is enacted to read:

"[NEW MATERIAL] EXEMPTIONS.--Nothing in the Massage Therapy Practice Act shall be construed to prevent:

A. qualified members of other recognized professions that are licensed or regulated under New Mexico law from rendering services within the scope of their license or regulation; provided that they do not represent themselves as massage therapists;

B. students from rendering massage therapy services within the course of study of an approved massage therapy school and under the supervision of a licensed massage therapy instructor;

C. visiting massage therapy instructors from another state or territory of the United States, the District of Columbia or any foreign nation from teaching massage therapy; provided that the instructor is duly licensed or registered, if required, and is qualified in his place of residence for the practice of massage therapy. The board shall establish by rule the duration of stay for a visiting massage therapy instructor; and

D. sobadores, Hispanic traditional healers, Native American healers, reflexology practioners whose practice is limited to hands, feet and ears or other healers who do not manipulate the soft tissues for therapeutic purposes from practicing those skills. Healers who use these practices but apply for a license or registration pursuant to the Massage Therapy Practice Act shall comply with all licensure requirements of that act."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.