A. The "massage therapy board" is created. The board is administratively attached to the department.
B. The board consists of five members who are New Mexico residents. Members of the board shall be appointed by the governor to terms of four years. The terms shall be staggered, and the governor shall make appointments of two two-year terms, two three-year terms and one four-year term, if necessary to produce staggered terms. Three members of the board shall be massage therapists, each with at least five years of massage therapy practice and who are actively engaged in the practice of massage therapy during their tenure as members. Two members of the board shall be public members who have not been licensed and have no financial interest, direct or indirect, in the profession of massage therapy.
C. Each member of the board shall hold office until a successor has been appointed and qualified.
D. No board member shall serve more than two full consecutive terms.
E. The board shall elect annually a chair and other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Three members, at least one of whom must be a public member, shall constitute a quorum.
F. A board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three consecutive board meetings.
G. Members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History: Laws 1991, ch. 147, § 7; 1993, ch. 173, § 6; 1999, ch. 240, § 6.
Delayed repeals. — For delayed repeal of this section, see 61-12C-28 NMSA 1978.
The 1999 amendment, effective July 1, 1999, substituted "massage therapy board" for "board of massage therapy" in Subsection A; in Subsection B, inserted "to terms of four years" in the second sentence, inserted the third sentence, substituted "massage therapy practice and who are actively engaged in the practice of massage therapy during their tenure as members" for "massage therapy practice in New Mexico" in the fourth sentence, deleted the former sixth sentence relating to the initial three professional members appointed to the board and their licensure, and made stylistic changes; in Subsection C, deleted "until the expiration of the term for which appointed or" preceding "until a successor"; in Subsection D, substituted "two full consecutive terms" for "two consecutive terms"; in Subsection E, rewrote the third sentence, which formerly read "Meetings shall be called by the chairman or upon the written request of three or more members of the board", and substituted "is a public member" for "must be a public member" in the fourth sentence.
The 1993 amendment, effective June 18, 1993, inserted "each" in the third sentence of Subsection B; deleted former Subsection C, pertaining to initial appointments to the board; redesignated former Subsections D to F as Subsections C to E; added "and qualified" at the end of Subsection C; and added current Subsection F.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12C - Massage Therapy Practice
Section 61-12C-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-12C-2 - Legislative purpose. (Repealed effective July 1, 2028.)
Section 61-12C-2.1 - Scope of practice. (Repealed effective July 1, 2028.)
Section 61-12C-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-12C-5 - License required. (Repealed effective July 1, 2028.)
Section 61-12C-5.1 - Exemptions. (Repealed effective July 1, 2028.)
Section 61-12C-7 - Board created; membership. (Repealed effective July 1, 2028.)
Section 61-12C-8 - Board powers. (Repealed effective July 1, 2028.)
Section 61-12C-11 - Display of license or registration. (Repealed effective July 1, 2028.)
Section 61-12C-12 - Assignability of license. (Repealed effective July 1, 2028.)
Section 61-12C-13 - Examinations. (Repealed effective July 1, 2028.)
Section 61-12C-14 - Temporary license. (Repealed effective July 1, 2028.)
Section 61-12C-16 - Licensure by credentials. (Repealed effective July 1, 2028.)
Section 61-12C-17 - License renewal; continuing education. (Repealed effective July 1, 2028.)
Section 61-12C-18 - Inactive status. (Repealed effective July 1, 2028.)
Section 61-12C-20 - License fees. (Repealed effective July 1, 2028.)
Section 61-12C-21 - Advertising. (Repealed effective July 1, 2028.)
Section 61-12C-23 - Fund created. (Repealed effective July 1, 2028.)
Section 61-12C-24.1 - Denial of license. (Repealed effective July 1, 2028.)
Section 61-12C-25 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-12C-26 - Protected actions. (Repealed effective July 1, 2028.)
Section 61-12C-27 - Offenses; criminal penalties. (Repealed effective July 1, 2028.)
Section 61-12C-28 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)