HB0544

HOUSE BILL 544

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Rod Montoya and Jenifer Jones

AN ACT

RELATING TO LICENSURE; PROVIDING FOR EXPEDITED LICENSURE FOR PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

SECTION 1. Section 61-6A-8 NMSA 1978 (being Laws 2008, Chapter 53, Section 8) is amended to read:

"61-6A-8. TEMPORARY LICENSE--EXPEDITED LICENSE.--

A. The board may issue a temporary license to an applicant who has met all licensure requirements except the examination requirement. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied. The temporary license automatically expires if the applicant fails to take the next scheduled examination, or upon release of official examination results if the applicant fails the examination.

B. The board may issue a temporary license to a person licensed in another state or country who:

(1) is in New Mexico temporarily to teach or assist a New Mexico resident licensed to practice genetic counseling; or

(2) met the requirements for licensure in that state, which were equal to or greater than the requirements for licensure in New Mexico at the time the license was obtained in the other state.

C. The board shall not issue a temporary license to a person who qualifies for the temporary license under Subsection A of this section more than two consecutive times within the five-year period immediately following the issuance of the first temporary license.

D. A person practicing genetic counseling under a temporary license shall be supervised by a licensed genetic counselor or physician.

E. The board shall grant an expedited license to a qualified applicant who:

(1) is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

(2) pays the required fees."

SECTION 2. Section 61-6B-3 NMSA 1978 (being Laws 2008, Chapter 54, Section 3) is amended to read:

"61-6B-3. LICENSE REQUIRED--EXCEPTIONS--PRACTICE LIMITATIONS--APPLICABILITY.--

A. On and after July 1, 2010, a person who is engaged in the practice of polysomnography must have a valid polysomnographic technologist license issued by the board. It shall be unlawful for a person to engage in the practice of polysomnography after that date unless the person has a valid polysomnographic technologist license issued by the board.

[B. Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under the Polysomnography Practice Act shall not be deemed to be in violation of that act.]

B. The board shall grant an expedited license to a qualified applicant who:

(1) is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

(2) pays the required fees."

SECTION 3. A new section of the Physician Assistant Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 4. A new section of the Anesthesiologist Assistants Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 5. Section 61-7A-8 NMSA 1978 (being Laws 1989, Chapter 387, Section 8) is repealed and a new Section 61-7A-8 NMSA 1978 is enacted to read:

"61-7A-8. [NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 6. Section 61-11-10 NMSA 1978 (being Laws 1969, Chapter 29, Section 9, as amended) is amended to read:

"61-11-10. [RECIPROCAL] EXPEDITED LICENSURE.--The board [may] shall issue [a] an expedited license [with or without examination] to a person who:

[A. is licensed as a pharmacist by examination in another state that under equivalent conditions will grant reciprocal licensure to persons licensed as pharmacists by examination in this state; and

B. produces evidence satisfactory to the board that he has the age, education, experience and qualifications required of applicants for licensure by examination under the provisions of the Pharmacy Act. Any person who was registered by examination in another state prior to May 20, 1940 is required to satisfy only those requirements in existence in this state at the time he was registered in the other state.] A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 7. Section 61-12F-1 NMSA 1978 (being Laws 2011, Chapter 31, Section 4) is amended to read:

"61-12F-1. SHORT TITLE.--[Sections 4 through 14 of this act] Chapter 61, Article 12F NMSA 1978 may be cited as the "Naprapathic Practice Act"."

SECTION 8. A new section of the Naprapathic Practice Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 9. Section 61-12G-1 NMSA 1978 (being Laws 2019, Chapter 244, Section 1) is amended to read:

"61-12G-1. SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 61, Article 12G NMSA 1978 may be cited as the "Naturopathic Doctors' Practice Act"."

SECTION 10. A new section of the Naturopathic Doctors' Practice Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 11. A new section of the Medical Imaging and Radiation Therapy Health and Safety Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The department shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 12. A new section of the Architectural Act is enacted to read:

"[NEW MATERIAL] EXPEDITED REGISTRATION.--The board shall grant expedited registration to a qualified applicant who:

A. is currently registered or licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 13. Section 61-17A-5 NMSA 1978 (being Laws 1993, Chapter 171, Section 5, as amended) is amended to read:

"61-17A-5. LICENSE REQUIRED--EXPEDITED LICENSURE.--

A. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall practice barbering, hairstyling or cosmetology for compensation either directly or indirectly.

B. Unless licensed pursuant to the Barbers and Cosmetologists Act, no person shall operate a school or establishment for compensation.

C. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall teach barbering, hairstyling, cosmetology or electrology for compensation.

D. Unless licensed by the board pursuant to the Barbers and Cosmetologists Act, no person shall practice as a manicurist-pedicurist, esthetician or electrologist for compensation.

E. The board shall grant an expedited license to a qualified applicant who:

(1) is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

(2) pays the required fees."

SECTION 14. Section 61-27B-33 NMSA 1978 (being Laws 2007, Chapter 115, Section 33) is repealed and a new Section 61-27B-33 NMSA 1978 is enacted to read:

"61-27B-33. [NEW MATERIAL] EXPEDITED LICENSURE.--The department shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 15. Section 61-29-9 NMSA 1978 (being Laws 1959, Chapter 226, Section 8, as amended) is amended to read:

"61-29-9. QUALIFICATIONS FOR LICENSE--EXPEDITED LICENSE.--

A. Licenses shall be granted only to persons who meet the requirements for licensure prescribed by law and are deemed by the commission to be of good repute and competent to transact the business of a qualifying broker or an associate broker in a manner that safeguards the interests of the public.

B. Except as otherwise provided in this section, an applicant for a qualifying broker's license or an associate broker's license shall have reached the age of majority. Each applicant for a qualifying broker's license or an associate broker's license shall have passed the real estate broker's examination approved by the commission and shall [(1)] furnish the commission with certificates of completion of ninety hours of classroom instruction consisting of commission-approved thirty-hour courses in real estate principles and practice, real estate law and broker basics. [or

(2) in the case of an out-of-state applicant, furnish the commission with a certified license history from the real estate licensing jurisdiction in the state or states in which the applicant is currently or has been previously licensed as a real estate broker, or certificates of completion of those courses issued by the course sponsor or provider, certifying that the applicant has or had a license in that state and has completed the equivalent of sixty classroom hours of prelicensing education approved by that licensing jurisdiction in real estate principles and practice and real estate law. Upon receipt of such documentation, the commission may waive sixty hours of the ninety hours of prelicensing education required to take the New Mexico real estate broker's examination and may waive the national portion of the examination. The applicant shall complete the commission-approved thirty-hour broker basics class to be eligible to take the state portion of the New Mexico real estate broker's examination.]

C. An applicant for a qualifying broker's license shall have passed the New Mexico real estate broker's examination and had an active associate broker's license or equivalent real estate license for at least two of the last five years immediately preceding application for a qualifying broker's license and shall furnish the commission with a certificate of completion of the commission-approved thirty-hour brokerage office administration course and any additional educational courses required by the commission by rule.

D. Notwithstanding Subsection C of this section, a qualifying broker shall not supervise associate brokers until the qualifying broker has had an active associate broker's or qualifying broker's license or equivalent real estate license for at least four years. Licensees who hold an active or inactive qualifying broker's license on January 1, 2018 are exempt from this subsection.

E. The commission shall grant an expedited license to a qualified applicant who:

(1) is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

(2) pays the required fees.

[E.] F. The commission shall require the information it deems necessary from every applicant to determine that applicant's honesty, trustworthiness and competency."

SECTION 16. Section 61-30-20 NMSA 1978 (being Laws 1990, Chapter 75, Section 20, as amended) is amended to read:

"61-30-20. NONRESIDENT APPLICANTS--[RECIPROCITY] EXPEDITED LICENSURE.--

A. Pursuant to Title 11 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the board shall issue [a] an expedited registration, license or certificate to a nonresident if the applicant's home state complies with Title 11 as determined by the appraisal subcommittee and as provided in Section 61-1-31.1 NMSA 1978.

B. The registration, license or certificate shall be issued upon payment of the application fee, verification that the applicant has complied with the applicant's [resident] home state's current education requirements and the filing with the board of a license history and verification of good standing issued by the licensing board of the [other] home state.

C. The applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court of any county of this state in which a cause of action may arise from the applicant's actions as a real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser or in which the plaintiff may reside, by the service of any processes or pleadings authorized by the laws of this state on the board, the consent stipulating and agreeing that such service of processes or pleadings on the board shall be taken and held in all courts to be as valid and binding as if personal service has been made upon the applicant in New Mexico. In case any process or pleading mentioned in the case is served upon the board, it shall be by duplicate copies, one of which shall be filed in the office of the board and the other immediately forwarded by registered mail to the nonresident real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser to whom the processes or pleadings are directed."

SECTION 17. Section 61-32-10 NMSA 1978 (being Laws 1993, Chapter 204, Section 10, as amended) is repealed and a new Section 61-32-10 NMSA 1978 is enacted to read:

"61-32-10. [NEW MATERIAL] EXPEDITED LICENSURE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

B. pays the required fees."

SECTION 18. Section 61-33-5 NMSA 1978 (being Laws 1973, Chapter 394, Section 5, as amended) is amended to read:

"61-33-5. APPLICATION REQUIREMENTS--FEES--FUND CREATED [ENDORSEMENT].--

A. An applicant for certification as a certified operator shall:

(1) make application on forms furnished by the department;

(2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and

(3) except as provided in Section 61-1-34 NMSA 1978, pay in advance to the department fees set by rule not to exceed:

(a) for examination for certification in each classification. . . . . . . . . . . . . . . . . . . .$100;

(b) for renewal of a certificate after a period set by rule. . . . . . . . . . . . . . . . . $40.00; and

B. Fees collected pursuant to Subsection A of this section shall be deposited with the state treasurer in the "public water supply system operator and public wastewater facility operator fund" [hereby created. The fund shall be used solely for the purpose of administering and enforcing] to be used solely to administer and enforce the Utility Operators Certification Act. The fund shall be administered by the department. Money in the fund shall be retained by the department for use, subject to appropriation by the legislature. Balances in the fund at the end of any fiscal year shall not revert to the general fund, but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.

[C. The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico.]

C. The department may grant an expedited certificate to a qualified applicant who:

(1) is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978; and

(2) pays the required fees.

D. Fees shall not be increased more than once per calendar year. The first increase of the fees shall not result in any fee greater than thirty dollars ($30.00). Any subsequent increase of the fees shall not be more than five percent of the existing fee."

SECTION 19. A new section of the Signed Language Interpreting Practices Act is enacted to read:

"[NEW MATERIAL] EXPEDITED LICENSE.--The board shall grant an expedited license to a qualified applicant who:

A. is currently licensed in good standing in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978;

B. is certified by a nationally recognized signed language interpreter organization or equivalent organization as provided by rule; and

C. pays the required fees."

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