04/29/2009
House bill 664, was signed into law by Governor Richardson on April 7, 2009.The bill, sponsored by Representative W. Ken Martinez, creates “The Unlicensed Health Care Act.” The bill essentially states that a complementary and alternative health care practitioner who is not licensed in New Mexico as a health care practitioner shall not be in violation of any licensing laws unless the practitioner engages in a scope of practice that exceeds his or her training or practices a profession that is already licensed by the state.
Massage therapy is not included under the definition of complementary and alternative health care practice, however a host of other modalities and practices are listed in the law, including, but not limited to: aromatherapy, ayurveda, traditional healing practices, energy healing, and polarity therapy. Many of the practices commonly excluded from massage therapy licensing will now have to comply with this law.
Anyone will be able to practice any of the professions included under the definition of “complementary and alternative services” but must simply provide a client with a disclosure document. The superintendent of the Regulation and Licensing Department is now authorized to promulgate rules as necessary to implement the law, including the imposition of penalties up to $10,000 for violations.
To be clear, massage therapists should not be affected by this new law. If you practice massage therapy, you are licensed by the state and can practice the modalities you are trained in, including those listed in this new law as complementary and alternative practices.
To read the entire bill go to http://www.nmlegis.gov/Sessions/09%20Regular/final/HB0664.pdf.
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