July
22, 2003
New Mexico Licensed Chiropractor
RE: Utilizing Massage Therapy Services
Dear New Mexico Licensed Chiropractor,
The New Mexico Massage Therapy Board hereby notifies all New Mexico
licensed chiropractors that the practice of "massage therapy"
is regulated in the State of New Mexico under the Massage Therapy Practice
Act, NMSA 1978, §§ 61-12C-1 etseq.
Any person practicing "massage therapy", as defined by NMSA.
1978, § 61-12C-3(E), must be licensed under the Massage Therapy
Practice Act unless they qualify for one of the exemptions specified
by NMSA 1978, § 61-12C-5.1.
If anyone in your office is practicing "massage therapy" without
a massage therapist license and does not qualify under Section 61-12C-5.1
exemption, then the individual(s) must immediately cease and desist
from practicing "massage therapy" until a proper license is
obtained pursuant to the Massage Therapy Practice Act.
We have enclosed a copy of NMSA 1978, § 61-12C-3.E and § 61-12C-5.1
for your information and review.
Please visit the Massage Therapy Board's website at www.rld. state,
nm.us/b&c/massage for the full text of the Massage Therapy Practice
Act and Administrative Rules. The website also offers helpful information
for anyone interested in seeking a massage therapy license including
downloadable applications and forms.
You may also call (505) 476-7090 or send an email message to MassageBoard(a)state.nm.us.
if you have any questions.
Thank you for your cooperation and compliance.
Very truly yours,
Geraldine Mascarenas
Program Manager
61-12C-3.
Definitions. (Repealed effective July 1, 2006.). (1999)
As used in the Massage Therapy Practice Act [this article]:
A. "board" means the massage therapy board;
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;
D. "massage therapist" means a person licensed to practice
massage therapy pursuant to the Massage Therapy Practice Act;
E. "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; and
F. "massage therapy school" means a facility providing an
educational program in massage therapy that is registered with the board.
History: Laws 1991, ch. 147, § 3; 1993, ch. 173,
§ 2; 1999, ch. 240, § 3. Delayed repeals. - See 61-12C-28
NMSA 1978.
The 1993 amendment, effective June 18, 1993, substituted "registered
with" for "certified by" in Subsection A; inserted "therapy"
preceding "for compensation" in Subsection D; substituted
"Section 61-12C-4 NMSA 1978" for "Section 4 of the Massage
Therapy Practice Act" in Subsection E; added Subsection F; and
made minor stylistic changes throughout the section.
The 1999 amendment, effective July 1, 1999, deleted former Subsection
A which defined "approved massage therapy school"; redesignated
former Subsections B and C as Subsections A and B; added Subsection
C; in Subsection D, substituted "a person licensed to practice
massage therapy pursuant to the Massage Therapy Practice Act" for
"a person who uses the title of massage therapist, is licensed
pursuant to the Massage Therapy Practice Act and administers massage
therapy for compensation"; in Subsection E, substituted the language
beginning "primarily comfort and relief of pain" for "as
defined in Section 61-12C-4 NMSA 1978"; deleted former Subsection
F, which defined "jurisprudence"; and added Subsection F.
61-12C-5.1. Exemptions. (Repealed effective
July 1, 2006.). (2001)
Nothing in the Massage Therapy Practice Act [Chapter 61, Article 12C
NMSA 1978] 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;
B. students from rendering massage therapy services within the course
of study of an approved massage therapy school and under the supervision
of a licensed massage therapy instructor;
C. visiting massage therapy instructors from another state or territory
of the United States, the District of Columbia or any foreign nation
from teaching massage therapy; provided the instructor is duly licensed
or registered, if required, and is qualified
in his place of residence for the practice of massage therapy. The board
shall establish by rule the duration of stay for a visiting massage
therapy instructor; and
D. sobadores; Hispanic traditional healers; Native American healers;
reflexologists whose practices are limited to hands, feet and ears;
or other healers who do not manipulate the soft tissues for therapeutic
purposes from practicing those skills. Healers who use these practices
and who apply for a license or registration pursuant to the Massage
Therapy Practice Act [Chapter 61, Article 12C NMSA 1978] shall comply
with all licensure requirements of that act.
History: Laws 2001, ch. 121, § 1. Delayed repeals. - See 61-12C-28
NMSA 1978.
Effective dates. - Laws 2001, ch. 121 contains no effective date provision,
but, pursuant to N.M. Const., art. IV, § 23, is effective June
15, 2001, 90 days after adjournment of the legislature.
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