TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 7 MASSAGE THERAPISTS
PART 12 LICENSE/REGISTRATION RENEWAL
16.7.12.1 ISSUING AGENCY: Regulation and Licensing
Department, Massage Therapy Board
[16.7.12.1
NMAC - Rp, 16.7.12.1 NMAC, 06-24-05]
16.7.12.2 SCOPE: This part applies to
licensees and registrants.
[16.7.12.2
NMAC - Rp, 16.7.12.2 NMAC, 06-24-05]
16.7.12.3 STATUTORY AUTHORITY: This
part is adopted pursuant to the Massage Therapy Practice Act, Section 61-12C-17
and 61-12C-18.
[16.7.12.3
NMAC - Rp, 16.7.12.3 NMAC, 06-24-05]
16.7.12.4 DURATION: Permanent.
[16.7.12.4
NMAC - Rp, 16.7.12.4 NMAC, 06-24-05]
16.7.12.5 EFFECTIVE DATE: June 24, 2005, unless a later date is cited
at the end of a section.
[16.7.12.5
NMAC - Rp, 16.7.12.5 NMAC, 06-24-05]
16.7.12.6 OBJECTIVE: This part is to establish the requirements
for renewal of massage therapy licenses, massage therapy instructor
registrations, and massage therapy school registrations; the inactive status
and reactivation of inactive massage therapy licenses and massage therapy
instructor registrations.
[16.7.12.6
NMAC - Rp, 16.7.12.6 NMAC, 06-24-05]
16.7.12.7 DEFINITIONS: [RESERVED]
[16.7.12.7
NMAC - N, 06-24-05; A, 09-30-05; A, 09-04-09]
[Refer
to 16.7.1.7 NMAC]
16.7.12.8 GENERAL PROVISIONS FOR ALL
LICENSEES AND REGISTRANTS:
A. Administrative
provisions relative to the renewal process:
(1) Licenses and registrations expire on an
annual or biennial basis on October 31. The specific annual or biennial
schedule for each license or registration type is further detailed in 16.7.4.20
NMAC, with the understanding that an instructor’s registration renewal date
must coincide with his/her massage therapy license renewal date (see Paragraph
(1) of Subsection A of 16.7.6.8 NMAC).
(2) A current license or registration renewal
form shall be mailed to the last known address on file with the board.
(3) Each licensee and registrant must inform
the board of any change in contact information, such as address or telephone
number.
(4) Failure to receive the renewal notice
shall not relieve the licensee or registrant from the responsibility of
renewing the license or registration by the renewal date.
(5) The licensee or registrant shall complete
the renewal application form in the manner stated on the form. The form must be submitted with the requested
documentation and required fee(s) as set forth in 16.7.3 NMAC.
(6) Incomplete renewal applications will be
returned to the licensee or registrant for completion, which might result in
the assessment of late penalty fees.
B. Grace period provisions:
(1) Renewal applications for licenses or
registrations postmarked or hand-delivered after October 31 must also be
accompanied by the late renewal penalty fee established in 16.7.3 NMAC. If October 31 falls on a weekend, a renewal
postmarked or hand-delivered on the next business day will be considered
timely.
(2) After the renewal date of October 31, there
is a sixty-day grace period ending December 30 of the same year during which
the license or registration may still be renewed, and during which the licensee
or registrant may still practice or provide the services authorized by the
license or registration.
(3) Massage therapists and massage therapy
instructors who have not renewed their licenses or registrations with a
postmark date of December 30, or the next business day if December 30 falls on
a weekend in the same year as their renewal cycle, will automatically be placed
on inactive status as of December 31 of that year.
(4) Massage therapy schools that have not
renewed their registrations with a postmark date of December 30, or the next
business day if December 30 falls on a weekend, will automatically expire and
become null and void immediately.
[16.7.12.8
NMAC - Rp, 16.7.12.8 NMAC, 06-24-05; A, 09-30-05]
16.7.12.9 GENERAL PROVISIONS ONLY FOR MASSAGE THERAPISTS AND
INSTRUCTORS:
A. Inactive status issues for massage
therapists and massage therapy instructors:
(1) Massage therapists and massage therapy
instructors whose licenses or registrations have been placed on inactive status
may not provide the services authorized by the license or registration.
(2) Massage therapists and massage therapy
instructors who practice with an inactive license or registration are subject
to disciplinary action by the board.
(3) The inactive status period shall last two
years, beginning on the December 30 that the license or registration is placed
on inactive status.
(4) The licensee or registrant must monitor the
period of inactive status.
(5) The board will NOT send any notices of the
upcoming expiration of inactive status to the licensees or registrants.
B. Reactivation from
inactive status - therapists and instructors only:
(1) Massage therapy
licenses and massage therapy instructor registrations will expire if not
reactivated within two years from the date the license or registration was
placed on inactive status.
(2) The required reactivation form must be
requested from the board office a minimum of one month prior to the expiration
of the inactive status period.
(3) The licensee or registrant shall complete
and return the completed reactivation form with the required proof of
completion of continuing education as set forth in 16.7.11 NMAC, along with the
reactivation fee and late renewal penalty fee as set forth in 16.7.3.NMAC.
(4) The reactivation application and required
enclosures must be postmarked or hand-delivered to the board office no later
than two years from the December 30 of the year in which the license or
registration was placed on inactive status.
Failure to do so will cause the license or registration to expire,
lapse, and become null and void.
(5) Reactivation applications received with a
postmark date or hand-delivered after December 30 will be returned to the
expired licensee or registrant because the license may no longer be
reactivated.
[16.7.12.9
NMAC - Rp, 16.7.12.8, 9, and 10 NMAC, 06-24-05; A, 09-30-05]
16.7.12.10 MASSAGE THERAPISTS:
A. Massage
therapists will renew their licenses on or before the renewal date of October
31 of the biennial renewal cycle first established when their initial licenses
were issued.
B. Some massage
therapists will renew on the odd-numbered year, while others will renew on the
even-numbered year.
C. The general
provisions in 16.7.12.8, 16.7.12.9, and 16.7.12.10 NMAC explain the policy and
procedure for massage therapist license renewal.
D. Massage
therapists must meet the continuing education requirements and must maintain
documentation of continuing education as set forth in 16.7.11 NMAC.
[16.7.12.10
NMAC - Rp, 16.7.12.10 NMAC, 06-24-05, A, 09-30-05]
16.7.12.11 MASSAGE THERAPY INSTRUCTORS:
A. Prerequisite
requirements: The registrant must hold a current
active New Mexico massage therapy license.
B. Instructor
registration renewal: The general
provisions in 16.7.12.8, 16.7.12.9, and 16.7.12.10 NMAC explain the policy and
procedure for massage therapy instructor registration renewal.
(1) Each instructor’s
registration comes up for renewal at the same time the registrant's massage
therapy license comes up for renewal.
(2) Registrants will
renew their registration on or before October 31 of the registrant’s biennial
renewal year. If October 31 falls on a
weekend, a renewal postmarked or hand-delivered on the next business day will
be considered timely.
(3) Registrants must meet the continuing
education requirements and must maintain documentation of continuing education
as set forth in 16.7.11 NMAC.
(4) Independent
instructor registrants will be responsible for submitting their massage therapy
training curriculum with their renewal.
(5) School based
instructor registrants who teach at a registered massage therapy school are not
required to submit a curriculum with their renewal.
[16.7.12.11
NMAC - Rp, 16.7.12.9 NMAC, 06-24-05; A, 09-30-05]
16.7.12.12 MASSAGE THERAPY SCHOOLS:
A. Massage therapy
school registrations shall be renewed annually by October 31 or by the next
business day if the October 31 falls on a weekend.
B. The general
provisions in 16.7.12.8 NMAC explain the general policy and procedure for
massage therapy school renewal.
C. Registrants will submit a curriculum of the
massage therapy training program annually to the board to document compliance
with the course requirements set forth in 16.7.5 NMAC.
D. After the grace
period, which ends on December 30, an owner/operator of a massage therapy
school who has not renewed the school’s registration shall no longer maintain,
manage or operate the "massage therapy school" as defined in 16.7.12.7
NMAC or in Section 61-12C-3.F of the Massage Therapy Practice Act, or offer
education, instruction, or training in "massage therapy" as defined
in Section 61-12C-3.E of the Massage Therapy Practice Act.
E. The
registration shall expire, lapse and become null and void if not timely
renewed.
[16.7.12.12
NMAC - Rp, 16.7.12.10 NMAC, 06-24-05; A, 09-30-05]
16.7.12.13 APPROVED RENEWAL APPLICATION: Upon approval of the
licensee's or registrant's renewal application, the board will issue a renewal
license or registration to the licensee or registrant.
[16.7.12.13
NMAC - N, 06-24-05]
16.7.12.14 RENEWAL LICENSE OR REGISTRATION
DISPLAY: The renewal license or registration shall be
displayed by the licensee or registrant in a conspicuous place in the
licensee's or registrant's principal practice location or place of business.
[16.7.12.14
NMAC - N, 06-24-05]
16.7.12.15 EXPIRATION OF LICENSE OR
REGISTRATION:
A. If a massage
therapist or instructor does not reactivate his/her license or registration by
the end of the inactive status period, the license or registration will
automatically expire without notice from the board and become null and void.
B. If a massage
therapy school has not renewed its registration by the end of the sixty-day
(60) grace period, the registration will automatically expire without notice
from the board and will become null and void.
C. Expired licenses
and registrations cannot be reactivated.
D. Licensees and
registrants formerly licensed or registered by the board whose registrations have
expired must make application to the board and comply with the same
requirements as any previously unlicensed or unregistered applicant.
E. A former licensee or registrant with an
expired license or registration may not provide or offer to provide massage
therapy services, instruction, education or training in massage therapy as
defined in Section 61-12C-3.E of the Massage Therapy Practice Act or in Part 1
and Part 4 of the board's rules and regulations. Practicing or providing the services formerly
authorized by the expired license or registration is a violation of the law and
is subject to disciplinary action by the board.
[16.7.12.15
NMAC - N, 06-24-05]
16.7.12.16 UNLICENSED PRACTICE PROHIBITED:
A. Massage
therapists, massage therapy instructors, and massage therapy schools may not
render or attempt to render massage therapy services, instruction as a massage
therapy instructor, or training and instruction as a massage therapy school
without the required current and valid license or registration issued by the
board as provided in NMSA 1978, Section 61-12C-27 of the Massage Therapy
Practice Act.
B. In accordance
with the Uniform Licensing Act, Section 61-1-3.2, NMSA 1978 (2003 Repl. Pamp),
any person, company, firm, or entity who is not licensed or registered by the
board is subject to disciplinary actions and proceedings by the board if it is
determined that he, she, or it, has been offering or providing massage therapy,
offering or providing massage therapy instruction; or offering or providing educational
training in massage therapy in New Mexico without a valid New Mexico license or
registration.
C. The board may impose a civil penalty in an
amount not to exceed one thousand dollars ($1,000) against any person, company,
firm, or entity that violates the Massage Therapy Practice Act by practicing
without a valid New Mexico license.
D. In addition, the board may assess
the person, company, firm, or entity engaging in the unlicensed practice of
massage therapy, massages therapy instruction, or massage therapy education,
the administrative costs, including investigative costs and the costs of
conducting a hearing.
E. Reports of unlicensed practice may be reported to the
board for investigation by phone, fax, mail, or e-mail. An approved complaint form is available from
the board office or downloadable from the board's website at www.rld.state.nm.us/b&c/massage.
[16.7.12.16 NMAC - N, 06-24-05]
HISTORY
OF 16.7.12 NMAC:
Pre-NMAC
History: The material in this part is derived from
that previously filed with the State Records Center and Archives under:
Rule
11, License/Massage Therapy School Renewals, 9-3-93.
History
of Repealed Material:
16 NMAC
7.12, License/Registration Renewal; Registration - Repealed 12-24-99
16.7.12
NMAC, License/Registration Renewal - Repealed 06-24-05