New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 7 - MASSAGE THERAPISTS
Part 1 - Massage Therapists - General Provisions
Section 16.7.1.7 - DEFINITIONS

A. "Academic hour" means a credit hour or semester hour taken in an academic setting that is equivalent to 15 class or contact hours.

B. "Active status" means a license that is current and authorized the licensee or registrant to perform the practice or service authorized by the license or registration.

C. "Board" means the New Mexico board of massage therapy, hereinafter referred to as the board.

D. "Board administrator" or "administrator" means the staff person assigned certain express or implied executive and administrative function of the board as defined by board regulations or as required to carry out the provisions of the act.

E. "Class hour" or "contact hour" means no less than 50 minutes of any one-clock hour during which the student/massage therapist participates in a learning activity in the physical presence and under the tutelage of an instructor.

F. "Client" means a recipient of "professional services" or a massage therapy student. In the case of individuals not able to give legal consent their legal guardian shall be the client for decision making purposes.

G. "Clinical practicum" means that a student is providing hands-on massage therapy to members of the public under the supervision of a massage therapy instructor. That instructor must be physically present on the premises for advice and assistance. The student must be enrolled at a registered massage therapy school or being trained by a massage therapy instructor. Clinical practicum does not include classroom practice.

H. "Compensation" means a gain, whether monetary, trade or barter, for massage therapy services.

I. "Complainant" means the complaining party of a complaint filed against a licensee(s), registrant(s), or applicant(s) for licensure or registration.

J. "Complaint" means a sworn written complaint.

K. "Confidential information" means personally identifiable information revealed by a client.

L. "Continuing Education Provider" means:

M. "Curriculum" means the subject that will be taught, including the knowledge, skills, and abilities, as required in the course syllabus, that students will acquire from the course.

N. "Examining agency" means the national certification board for therapeutic massage and bodywork (NCBTMB) or the federation of state massage therapy boards (FSMTB), or other examination or certification agency approved by the board.

O. "Expired status" means a license that has not been reactivated from inactive status and can no longer be reactivated.

P. "Grace period" refers to the 60 day period following the renewal date when a massage therapist, licensee, or massage school registrant may renew a license or registration (that was not renewed timely) with a penalty fee. A licensee or registrant may still practice or provide the services authorized by the license or registration during those 60 days.

Q. "Grace period status" refers to the license or registration that has not been renewed by the renewal date assigned to it, but has not yet been placed on inactive status.

R. "Hands-On" refers to a massage modality or technique that involves palpation or soft tissue manipulation.

S. "Inactive status" occurs when a massage therapist's license is not renewed by the end of the grace period allowed for in the licensee's renewal cycle. A license can also be placed on inactive status for a period of two years. If the inactive license is not reactivated within those two years, it automatically expires, lapses and becomes null and void.

T. "Inactive status period" refers to a period not to exceed two years and only applies to massage therapists. Massage therapists may not practice during their inactive status period.

U. "Jurisprudence" means an examination covering the Massage Therapy Practice Act and the board's rules and regulations, 16.7 NMAC.

V. "Lapsed status" means the license or registration is null and void, is no longer valid and cannot be reactivated.

W. "Licensee" means a person whose professional conduct is subject to regulation by the board.

X. "Manual" means by use of hands or body.

Y. "Massage therapist" means a person licensed to practice massage therapy pursuant to the New Mexico Massage Therapy Practice Act, Subsection E of Section 61-12C-E NMSA 1978.

Z. "Massage therapy" means the treatment of soft tissues for therapeutic purposes, primarily comfort and relief of pain; it is a health care service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, stretching the tissue and exercising the range of motion and may include the use of oils, salt glows, hot or cold packs or hydrotherapy. Synonymous terms for massage therapy include massage, therapeutic massage, body massage, myomassage, bodywork, body rub or any derivation of those terms. "Massage therapy" does not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic, physical therapy, occupational therapy, acupuncture or podiatry is required by law.

AA. "Massage Therapy Practice Act" refers to Sections 61-12C-1 NMSA 1978 et seq. (as amended through 2019).

BB. "Massage therapy school" means a facility providing an educational program in massage therapy.

CC. "MBLEx" means the massage and bodywork licensing examination, as offered by the federation of state massage therapy boards "FSMTB".

DD. "Mechanical" means any tool or device that mimics or enhances the actions possible by the hands.

EE. "National certification examination" means the national certification examination for therapeutic massage and bodywork (NCETMB) or the national certification examination for therapeutic massage (NCETM).

FF. "Notice of contemplated action" means the administrative process used by the board for a licensee, registrant or applicant for licensure or registration to be afforded notice and an opportunity to be heard in a formal hearing before the board, before the board has authority to take any action which would result in denial, suspension, revocation, restriction, probation, monitoring, censuring, etc., of a license, registration, application or licensure or registration.

GG. "Null and void status" means the license or registration is no longer valid and cannot be reactivated.

HH. "Official examination results" means official pass/fail reports that the applicant has made arrangements to be sent directly to the board by the national certification board for therapeutic massage and bodywork or the federation of state massage therapy boards.

II. "Official transcripts" means those transcripts provided to the board office by the massage therapy school where the applicant received training.

JJ. "Permanent license" means a license issued once the applicant has met all the requirements for licensure as set forth in this regulation, but which must be kept updated by meeting the board's renewal and continuing education requirements, and which is subject to disciplinary action by the board for violations of the board's statute or regulations, up to an including revocation.

KK. "Professional massage therapy experience" means lawful massage therapy services performed for compensation.

LL. "Professional relationship" means a business relationship between a licensee and a client for the purpose of the client obtaining the licensee's "professional services.

MM. "Professional services" means all actions of the licensee in the context of a "professional relationship" with a client.

NN. "Related hands-on modalities" means manual therapies, not directly defined as massage therapy.

OO. "Renew" means to begin again after an interval of time; to make valid again for a further period.

PP. "Renewal date" means the deadline date upon which the license or registration must be made valid again for another period of time.

QQ. "Respondent" means a licensee, registrant or applicant for licensure or registration who is governed under the Massage Therapy Practice Act, and who is the subject of a complaint.

RR. "Sexual conduct" includes, but is not limited to, sexual intercourse, indecent exposure, sexual assault, non-therapeutic anogenital contact or any offer or agreement to engage in any such activities.

SS. "Soft tissue" includes skin, adipose, muscle and myofascial tissues.

TT. "Student" means an individual currently enrolled in or attending class(es) in a massage therapy program under the jurisdiction of the New Mexico state board of massage therapy.

UU. "Syllabus"means a detailed outline of a course including at least: the name of the course, course description, goals and objectives, required prerequisites, number of educational hours, detailed timeline, provisions for make-up work, required text, and reading resources, instructional materials and handouts, requirements for successful completion and method of evaluation.

VV. "Teaching assistant" means an individual who assists an instructor in class. Any instruction to students must be performed while under the direct supervision of the instructor.

WW. "Temporary license" means a license issued one-time only for a maximum period of three months to practice massage therapy while the application for permanent license is in process, and which may only be issued to applicants who have never sat for a licensing examination.

XX. "Treatment of soft tissues" is the repetitive manipulation of soft tissues from more than one anatomical point by manual or mechanical means to accomplish homeostasis or pain relief in the tissues being deformed.

YY. "Uniform Licensing Act" refers to Sections 61-1-1 NMSA 1978 et seq. (as amended through 2003).