2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12C - Massage Therapy Practice
Section 61-12C-24.1 - Denial of license. (Repealed effective July 1, 2028.)
A. Pursuant to the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], the board may deny the issuance of a massage therapist license to an applicant.
B. The board has authority to take an action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that the applicant:
(1) is guilty of fraud, deceit or misrepresentation;
(2) attempted to use as the applicant's own the license of another;
(3) allowed the use by another of the applicant's license issued in another jurisdiction;
(4) has been adjudicated as mentally incompetent by regularly constituted authorities;
(5) has been convicted of a crime that substantially relates to the qualifications, functions or duties of a massage therapist. 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 the practice of massage therapy in New Mexico without a New Mexico license;
(10) is grossly negligent or incompetent in the practice of massage therapy;
(11) has had a license 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 applicant similar to acts described in this section. A certified copy of the record of conviction shall be conclusive evidence of the conviction; or
(12) is guilty of failing to comply with a provision of the Massage Therapy Practice Act or rules of the board adopted pursuant to that act and filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History: Laws 2019, ch. 40, § 13.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-12C-28 NMSA 1978.
Emergency clauses. — Laws 2019, ch. 40, § 15 contained an emergency clause and was approved February 4, 2019.
