HOUSE BILL 423

44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

INTRODUCED BY

Rick Miera







AN ACT

RELATING TO LICENSING; AMENDING AND REPEALING SECTIONS OF THE MASSAGE THERAPY PRACTICE ACT.



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

Section 1. Section 61-12C-1 NMSA 1978 (being Laws 1991, Chapter 147, Section 1, as amended) is amended to read:

"61-12C-1. SHORT TITLE.--Chapter 61, Article 12C NMSA 1978 may be cited as the "Massage Therapy and Bodywork Practice Act"."

Section 2. Section 61-12C-2 NMSA 1978 (being Laws 1991, Chapter 147, Section 2) is amended to read:

"61-12C-2. LEGISLATIVE PURPOSE.--[The legislature recognizes that the practice of massage therapy is potentially dangerous to the public. Therefore, it is necessary and] In the interest of public health, safety and welfare [to regulate the practice of massage therapy] and to protect the public from unlawful, improper and incompetent practice of massage therapy or bodywork, it is necessary to regulate that practice."

Section 3. Section 61-12C-3 NMSA 1978 (being Laws 1991, Chapter 147, Section 3, as amended) is amended to read:

"61-12C-3. DEFINITIONS.--As used in the Massage Therapy and Bodywork Practice Act:

[A. "approved massage therapy school" means a facility registered with the board that meets established standards of training and curriculum;

B.] A. "board" means the [board of] massage therapy and bodywork board;

[C.] B. "department" means the regulation and licensing department;

C. "jurisprudence" means the statutes and rules of the state pertaining to the practice of massage therapy and bodywork;

D. "massage therapist" or "bodyworker" means a person [who uses the title of massage therapist, is] licensed to practice massage therapy or bodywork pursuant to the Massage Therapy and Bodywork Practice Act [and administers massage therapy for compensation];

E. "massage therapy" or "body work" means [the treatment of soft tissues for therapeutic purposes as defined in Section 61-12C-4 NMSA 1978; and

F. "jurisprudence" means the statutes and rules of the state pertaining to the practice of massage therapy] conducting an assessment of or manipulating muscles, ligaments, tendons, muscle attachments and pressure points to effect a change in soft tissues of the human body to produce comfort or the relief of pain primarily for therapeutic purposes;

F. "massage therapy or body work school" means a facility providing a curriculum in massage therapy that is registered with the board; and

G. "massage therapy or body work training program" means a program providing massage therapy training that is not a massage therapy school and is registered with the board."

Section 4. Section 61-12C-5 NMSA 1978 (being Laws 1991, Chapter 147, Section 5, as amended) is amended to read:

"61-12C-5. LICENSE OR REGISTRATION REQUIRED.--[Effective April 30, 1992]

A. [it is unlawful for any] A person [to practice] shall not provide or offer to provide massage therapy or bodywork for compensation [to offer services as a massage therapist for compensation or to purport to be a massage therapist] unless that person [possesses a license to practice massage therapy under the provisions of the Massage Therapy Practice Act and] is a massage therapist or bodyworker.

B. [no] A person shall not use the title of or represent himself to be a massage therapist or bodyworker or use any other title, abbreviations, letters, figures, signs or devices that indicate [that] the person is a massage therapist or bodyworker unless he is [licensed to practice massage therapy pursuant to the provisions of the Massage Therapy Practice Act] a massage therapist or bodyworker.

C. A person shall not provide or offer to provide massage therapy or bodywork training as a massage therapy or bodywork instructor unless he is registered as a massage therapy or bodywork instructor pursuant to Section 61-12C-9 NMSA 1978.

D. A person shall not maintain, manage or operate a school or training program offering education, instruction or training in massage therapy or bodywork unless the school or program is a massage therapy or bodywork school or instruction program."

Section 5. Section 61-12C-6 NMSA 1978 (being Laws 1991, Chapter 147, Section 6, as amended) is amended to read:

"61-12C-6. EXEMPTIONS.--Nothing in the Massage Therapy and Bodywork 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 they do not represent themselves as massage therapists or bodyworkers;

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

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

D. sobadores, [and] Hispanic traditional healers, Native American healers [from using traditional Hispanic or Native American healing practices], reflexologists who are limited to hands and feet 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 and Bodywork Practice Act shall comply with all licensure requirements of that act.

Section 6. Section 61-12C-7 NMSA 1978 (being Laws 1991, Chapter 147, Section 7, as amended) is amended to read:

"61-12C-7. BOARD CREATED--MEMBERSHIP.--

A. [There is created] The [board of] "massage therapy and bodywork board" is created. The board [shall be] is administratively attached to the department.

B. The board [shall consist] consists of five members who are New Mexico residents. Members of the board shall be appointed by the governor to terms of four years. The terms shall be staggered, and the governor shall make appointments of two two-year terms, two three-year terms and one four-year term, if necessary to produce staggered terms. Three members of the board shall be massage therapists or bodyworkers, each with at least five years of massage therapy or bodywork practice [in New Mexico] and who are actively engaged in the practice of massage therapy or bodywork during their tenure as members. Two members of the board shall be public members [The initial three professional members appointed shall meet the requirements for licensure and be licensed by the deadline specified for licensure in the Massage Therapy Practice Act. The public members shall not] who have not been licensed [or] and have [any] no financial interest, direct or indirect, in the profession [regulated] of massage therapy or bodywork.

C. Each member of the board shall hold office [until the expiration of the term for which appointed or] until a successor has been appointed and qualified.

D. No board member shall serve more than two full consecutive terms.

E. The board shall elect annually a [chairman] chair and [such] other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be [called by the chairman or upon the written request of three or more members of the board] held in accordance with the Open Meetings Act. Three members, at least one of whom [is] must be a public member, shall constitute a quorum.

F. [Any] A board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three consecutive board meetings.

G. Members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 7. Section 61-12C-8 NMSA 1978 (being Laws 1991, Chapter 147, Section 8, as amended) is amended to read:

"61-12C-8. BOARD [DUTIES] POWERS.--The board [shall have] has the power to:

A. adopt and file, in accordance with the State Rules Act, rules [and regulations] necessary to carry out the provisions of the Massage Therapy and Bodywork Practice Act, in accordance with the provisions of the Uniform Licensing Act;

B. provide for the evaluation of the qualifications of applicants for licensure or registration under the Massage Therapy and Bodywork Practice Act;

C. provide for the issuance of licenses or registrations to applicants who meet the requirements of the Massage Therapy and Bodywork Practice Act;

D. provide for the inspection, when required, of the business premises of any licensee or registrant during regular business hours;

E. establish minimum training and educational standards for licensure as a massage therapist or bodyworker or registration as a massage therapy or bodywork instructor;

F. establish a process for [approval] registration of massage therapy and bodywork training programs and massage therapy or bodywork schools;

[G. provide for the investigation of persons engaging in practices that may violate the provisions of the Massage Therapy Practice Act;

H. revoke, suspend or deny a license or registration in accordance with the provisions of the Uniform Licensing Act;]

G. pursuant to the Uniform Licensing Act, conduct hearings on charges against applicants, licensees or registrants and take actions described in Section 61-1-3 NMSA 1978;

H. bring an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Massage Therapy and Bodywork Practice Act;

I. issue cease and desist orders to persons violating the provisions of the Massage Therapy and Bodywork Practice Act or any rule adopted by the board pursuant to that act;

[I.] J. adopt an annual budget;

[J.] K. adopt a code of [ethics and] professional conduct;

[K.] L. provide for the investigation of complaints against licensees [The board may issue investigation subpoenas prior to the issuance of a notice of contemplated action as set forth in Section 61-1-4 NMSA 1978]; and

M. publish at least annually combined or separate lists of licensed massage therapists or bodyworkers, registered massage therapy or bodywork instructors, registered massage therapy or bodywork schools and registered massage therapy or bodywork training programs."

Section 8. Section 61-12C-9 NMSA 1978 (being Laws 1991, Chapter 147, Section 9, as amended) is amended to read:

"61-12C-9. REQUIREMENTS FOR LICENSURE [REGISTERED] OF MASSAGE THERAPISTS AND BODYWORKERS AND REGISTRATION OF MASSAGE THERAPY AND BODYWORK INSTRUCTORS.--

A. The board shall issue a license to practice massage therapy or bodywork to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant:

(1) has reached the age of majority;

(2) has completed all educational requirements established by the board;

(3) has completed a curriculum at a massage therapy or bodywork school or a massage therapy or bodywork training program [approved by the board, at a school approved by the board, that program] being at least six hundred fifty hours in length that includes at least five hundred hours of massage therapy or bodywork instruction; [provided that if the approved training program is] if the applicant has completed a curriculum of less than six hundred fifty hours, the applicant shall provide documentation of up to [three] one hundred fifty hours of alternative qualifying experience, including [but not limited to] professional massage therapy or bodywork experience, apprenticeship training in massage therapy, bodywork, clinical or internship training and prior experience in a health career, to be approved by the board; and

(4) demonstrates professional competence by passing [a written examination as] all examinations prescribed by [the] board rule.

[B. The board may also require a practical examination as a condition for licensure.

C.] B. The board shall register as a massage therapy or bodywork instructor any applicant who:

(1) is currently licensed as a massage therapist or bodyworker; and

[(2) proves to the board's satisfaction that he meets the minimum requirement of two years of experience in his area of instruction]

(2) has completed the educational and experience requirements established by the board, which requirements shall meet minimum standards of training and curriculum for massage therapy or bodywork instructors established by the board.

C. An initial license or registration issued pursuant to this section may be for a period of up to two years pursuant to board rule."

Section 9. Section 61-12C-10 NMSA 1978 (being Laws 1991, Chapter 147, Section 10, as amended) is amended to read:

"61-12C-10. [APPROVED] REQUIREMENTS FOR REGISTRATION OF MASSAGE THERAPY AND BODYWORK SCHOOLS [REGISTRATION] AND MASSAGE THERAPY AND BODYWORK TRAINING PROGRAMS.--

A. The board shall establish by rule procedures for [approval] the registration of massage therapy or bodywork schools and massage therapy and bodywork training programs and shall register massage therapy and bodywork schools and massage therapy and bodywork training programs that meet the [educational] requirements of the Massage Therapy and Bodywork Practice Act and rules adopted by the board pursuant to that act.

B. The board shall establish minimum standards of training and curriculum for [approved training programs and for approved] massage therapy and bodywork schools. [At a minimum, approved] Massage therapy and bodywork schools shall provide [training programs] a curriculum that [include] includes a minimum of [three] six hundred fifty hours of training [This] and shall include instruction in:

(1) anatomy;

(2) physiology;

(3) massage therapy or body work;

(4) business;

[(5) hydrotherapy;

(6)] (5) first aid;

[(7)] (6) cardiopulmonary resuscitation; and

[(8)] (7) professional ethics.

C. The board shall establish a list of [approved] registered massage therapy and bodywork schools and [shall register any institution that meets the requirements of the board and files a current curriculum and list of instructors.

D. An approved massage therapy school shall register annually with the board] massage therapy and bodywork training programs."

Section 10. Section 61-12C-11 NMSA 1978 (being Laws 1991, Chapter 147, Section 11, as amended) is amended to read:

"61-12C-11. DISPLAY OF LICENSE OR REGISTRATION.--A massage therapy or bodywork license or registration issued by the board shall at all times be posted in a conspicuous place in the holder's principal place of business."

Section 11. Section 61-12C-12 NMSA 1978 (being Laws 1991, Chapter 147, Section 12, as amended) is amended to read:

"61-12C-12. ASSIGNABILITY OF LICENSE.--A license or registration issued pursuant to the Massage Therapy and Bodywork Practice Act is not assignable or transferable."

Section 12. Section 61-12C-13 NMSA 1978 (being Laws 1991, Chapter 147, Section 13, as amended) is amended to read:

"61-12C-13. EXAMINATIONS.--

A. [Examinations shall be held at least twice each year on a date and at a location established by the board. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application.] The board shall establish by rule the [examination application deadline and other rules relating to] required examinations and the procedures for taking and retaking [licensure examinations] them. The board shall determine the passing grade on examinations.

B. The board shall specify by rule the general areas of competency to be covered by examinations for licensure and ensure that the examinations measure adequately both an applicant's competency and knowledge of related statutory requirements. Professional testing services may be utilized for the examinations.

[C. After taking the written examination, each applicant may be tested in the practical application of massage therapy techniques in such a manner and by such methods as shall reveal the applicant's skill and knowledge.

D. All licensing examinations shall be conducted in such a manner that the applicants shall be known to the board by number until the examination is completed and the grade determined. A record of each examination shall be filed in the board office and available for inspection for a period of not less than two years immediately following the examination.]"

Section 13. Section 61-12C-14 NMSA 1978 (being Laws 1991, Chapter 147, Section 14, as amended) is amended to read:

"61-12C-14. TEMPORARY LICENSE.--

A. Prior to examination, an applicant for licensure may obtain a temporary license to engage in the practice of massage therapy [provided that] or bodywork if the applicant meets all the requirements for licensure except completion of the examination.

B. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied. [If approved, the applicant shall be issued the initial license for the remainder of the year.]

C. No more than one temporary license may be issued to an individual, and no temporary license shall be issued to an applicant who has previously failed the examinations."

Section 14. Section 61-12C-16 NMSA 1978 (being Laws 1991, Chapter 147, Section 16, as amended) is amended to read:

"61-12C-16. LICENSURE BY CREDENTIALS.--After successful completion of a jurisprudence examination, the board may license an applicant, provided that he possesses a valid license or registration to practice massage therapy or bodywork issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation and has met educational and examination requirements [substantially equivalent] equal to or exceeding those established pursuant to the Massage Therapy and Bodywork Practice Act."

Section 15. Section 61-12C-17 NMSA 1978 (being Laws 1991, Chapter 147, Section 17, as amended) is amended to read:

"61-12C-17. LICENSE OR REGISTRATION RENEWAL--CONTINUING EDUCATION.--

A. Massage therapy licenses and massage therapy or bodywork instructor registrations shall expire biennially. [and] Massage therapy or bodywork school registrations and massage therapy or bodywork training program registrations shall expire annually. [on a date] Expiration dates shall be established by rule.

[B. Each licensee shall renew his license by submitting a renewal application on a form provided by the board. Initial licenses may be valid for one or two years, depending on assigned license number and board rule.

C.] B. The board may establish continuing educational requirements as a condition of the renewal of massage therapy or bodywork licenses

[D. Each massage therapy school shall renew its registration by submitting a renewal application and providing a description of its current curriculum and list of all instructors] and massage therapy or bodywork instructor registrations.

C. A license or registration shall be renewed by submitting a renewal application on a form provided by the board.

[E.] D. A sixty-day grace period shall be allowed each license or registration holder after the end of the renewal period, during which time a license or registration may be renewed upon payment of the renewal fee and a late fee as prescribed by the board."

Section 16. Section 61-12C-18 NMSA 1978 (being Laws 1991, Chapter 147, Section 18) is amended to read:

"61-12C-18. INACTIVE STATUS.--

A. [Any license] A massage therapy or bodywork license or massage therapy or bodywork instructor registration not renewed at the end of the sixty-day grace period shall be placed on inactive status for a period not to exceed two years. At the end of two years, if the license or registration has not been reactivated, it shall automatically expire.

B. If within a period of two years from the date the license or registration was placed on inactive status the massage therapist or bodyworker or massage therapy or bodywork instructor wishes to resume practice, the board shall be notified in writing, and, upon proof of completion of any continuing education or refresher courses prescribed by [regulation] rule of the board and payment of an amount set by the board in lieu of all lapsed renewal fees, the license or registration shall be restored in full."

Section 17. Section 61-12C-20 NMSA 1978 (being Laws 1991, Chapter 147, Section 20, as amended) is amended to read:

"61-12C-20. LICENSE FEES.--[A.] The board shall establish by rule a schedule of reasonable fees for applications, examinations, licenses, registrations, inspections, renewals, [placement on inactive status] penalties, reactivation and necessary administrative fees,

[B. The initial licensure application fee shall not exceed fifty dollars ($50.00).

C. The initial license fee shall not exceed one hundred fifty dollars ($150).

D. The examination fee shall not exceed four hundred dollars ($400).

E. The biennial renewal fee shall not exceed three hundred dollars ($300).

F. The fee for reactivation of an inactive license shall not exceed four hundred dollars ($400).

G. A late renewal fee shall not exceed one hundred dollars ($100).

H. The registration fee for an approved massage therapy school shall not exceed one hundred dollars ($100).

I. The registration fee for a massage therapy instructor shall not exceed fifty dollars ($50.00)] but no single fee shall exceed five hundred dollars ($500). All fees collected shall be deposited in the massage therapy and bodywork fund."

Section 18. Section 61-12C-21 NMSA 1978 (being Laws 1991, Chapter 147, Section 21, as amended) is amended to read:

"61-12C-21. ADVERTISING.--[Each] A massage therapist, bodyworker, massage therapist or bodywork instructor, massage therapy or bodywork school and massage therapy or bodywork training program licensed [under the provisions of] or registered pursuant to the Massage Therapy and Bodywork Practice Act shall include the number of [his] the license or registration, and the designation as [either] a [license or registration] "massage therapist", "bodyworker", "registered massage therapy instructor", "registered massage therapy or bodywork school" or "registered massage therapy or bodywork training program" in any advertisement of massage therapy or bodywork services [appearing in any newspaper, airwave transmission, telephone directory or other advertising medium] as established by board rule."

Section 19. Section 61-12C-22 NMSA 1978 (being Laws 1991, Chapter 147, Section 22) is amended to read:

"61-12C-22. POWER OF COUNTY OR MUNICIPALITY TO REGULATE MASSAGE AND BODYWORK.--A county or municipality, within its jurisdiction, may regulate persons licensed pursuant to the Massage Therapy and Bodywork Practice Act. Regulation shall not be inconsistent with the provisions of that act. This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to that act."

Section 20. Section 61-12C-23 NMSA 1978 (being Laws 1991, Chapter 147, Section 23) is amended to read:

"61-12C-23. FUND CREATED.--There is created in the state treasury the "massage therapy and bodywork fund". Money in the fund is appropriated to the board for the purpose of carrying out the provisions of the Massage Therapy and Bodywork Practice Act. All funds received or collected by the board or the department under the Massage Therapy and Bodywork Practice Act shall be deposited with the state treasurer, who shall place the money to the credit of the massage therapy and bodywork fund. No balance in the fund at the end of any fiscal year shall revert to the general fund."

Section 21. Section 61-12C-24 NMSA 1978 (being Laws 1991, Chapter 147, Section 24, as amended) is amended to read:

"61-12C-24. DENIAL, SUSPENSION, REVOCATION AND REINSTATEMENT OF LICENSES.--

[A. The board may impose a fine not to exceed one thousand dollars ($1,000), place on probation as specified by the board or refuse to issue or renew or may deny, suspend or revoke any license, temporary license or registration held or applied for under the Massage Therapy Practice Act in accordance with the procedures]

A. Pursuant to the Uniform Licensing Act, the board may take disciplinary action against a person licensed or registered pursuant to the Massage Therapy and Bodywork Practice Act.

B. The board has authority to take an action set forth in [the Uniform Licensing Act] Section 61-1-3 NMSA 1978 upon a finding by the board that the licensee, registrant or applicant:

(1) is guilty of fraud, deceit or misrepresentation [in procuring or attempting to procure a license or registration provided for in the Massage Therapy Practice Act];

(2) attempted to use as his own the license or registration of another;

(3) allowed the use of his license or registration by another;

(4) has been adjudicated as mentally incompetent by regularly constituted authorities;

(5) has been convicted [or found guilty, regardless of adjudication, of a crime, in any jurisdiction, that directly relates to the practice of massage therapy or to the ability to practice massage therapy. Any plea of nolo contendere shall be considered a conviction for the purposes of this section] of any offense punishable by incarceration in a state penitentiary or federal prison. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of conviction;

(6) is guilty of unprofessional or unethical conduct or a violation of the code of ethics;

(7) is habitually or excessively using controlled substances or alcohol;

(8) is guilty of false, deceptive or misleading advertising;

(9) is guilty of aiding, assisting or advertising any unlicensed or unregistered person in the practice of massage therapy;

(10) is grossly negligent or incompetent in the practice of massage therapy; [or]

(11) has had a license or registration to practice massage therapy revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee or registrant similar to acts described in this section. A certified copy of the record of conviction shall be conclusive evidence of [such] the conviction; or

(12) is guilty of failing to comply with a provision of the Massage Therapy and Bodywork Practice Act or rules of the board adopted pursuant to that act and filed in accordance with the State Rules Act.

[B.] C. Disciplinary proceedings may be instituted by sworn complaint of any person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.

[C.] D. The board may establish the guidelines for the disposition of [the] disciplinary cases. [Such] Guidelines may include but shall not be limited to minimum and maximum fines, periods of probation, conditions of probation or reissuance of a license or registration.

[D.] E. License and registration holders who have been found culpable and sanctioned by the board shall be responsible for the payments of all costs of the disciplinary proceedings."

Section 22. Section 61-12C-25 NMSA 1978 (being Laws 1991, Chapter 147, Section 25) is amended to read:

"61-12C-25. CRIMINAL OFFENDER'S CHARACTER EVALUATION.--The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Massage Therapy and Bodywork Practice Act."

Section 23. Section 61-12C-27 NMSA 1978 (being Laws 1993, Chapter 173, Section 20) is amended to read:

"61-12C-27. OFFENSES--CRIMINAL PENALTIES.--[Any person who violates any provision of the Massage Therapy Practice Act is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a period not to exceed one year or both.] A person who does any of the following is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978:

A. violates a provision of the Massage Therapy and Bodywork Practice Act or rules adopted pursuant to that act;

B. renders or attempts to render massage therapy or bodywork services, instruction as a massage therapy or bodywork instructor, instruction as a massage therapy or bodywork school or massage therapy or bodywork training program without the required current valid license or registration issued by the board; or

C. advertises or uses a designation, diploma or certificate implying that he is a massage therapist, bodyworker, massage therapy or bodywork instructor, massage therapy or bodywork school or massage therapy or bodywork training program unless he holds a current valid license or registration issued by the board."

Section 24. Section 61-12C-28 NMSA 1978 (being Laws 1993, Chapter 173, Section 21) is amended to read:

"61-12C-28. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of massage therapy and bodywork is terminated on [July 1, 1999] July 1, 2006 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of Chapter 61, Article 12C NMSA 1978 until [July 1, 2000] July 1, 2007. Effective [July 1, 2000, Article 12C of] July 1, 2007, Chapter 61, Article 12C NMSA 1978 is repealed."

Section 25. REPEAL.--Sections 61-12C-4 and 61-12C-6 NMSA 1978 (being Laws 1991, Chapter 147, Sections 4 and 6, as amended) are repealed.

Section 26. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.

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