Chapter 61

A. In addition to any other authority provided by law, the board has the power to: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are necessary to carry out the provisions of the Funeral Services Act; (2) promulgate rules implem…

The board shall: A. administer the provisions of the Funeral Services Act; B. provide for the examination, licensing and renewal of applicants or licensees; and C. provide for the inspection of establishments and crematories. History: 1978 Comp., § 61-32-7, enacted by Laws 1993, …

2030.) A. Inspection of establishments and crematories, including all records, financial or otherwise, is authorized during regular business hours. Acceptance of a license shall include permission for the board or its designee to enter the premises without legal process. B. An es…

funeral arranger; embalmer; funeral service intern; direct disposer; conversion of certain licenses; temporary licenses. (Repealed effective July 1, 2030.) A. A license to practice as a funeral service practitioner shall be issued to any person who files a completed application, …

Chapter 61, Article 33 NMSA 1978 may be cited as the "Utility Operators Certification Act". History: 1953 Comp., § 67-40-1, enacted by Laws 1973, ch. 394, § 1; recompiled as 1978 Comp., § 61-33-1; Laws 1992, ch. 44, § 1.

A. Whenever, on the basis of any information, the department determines that a person has violated, is violating or threatens to violate any requirement of the Utility Operators Certification Act, any rule adopted pursuant to that act or any condition of a certification issued un…

As used in the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]: A. "certified operator" means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities…

A. The administration and enforcement of the Utility Operators Certification Act is vested in the department. B. The department shall: (1) approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of…

The commission may adopt rules relating to the administration and enforcement of the Utility Operators Certification Act. The commission shall: A. adopt rules that classify public water supply systems and public wastewater facilities based on: (1) size and type of system or facil…

endorsement. A. An applicant for certification as a certified operator shall: (1) make application on forms furnished by the department; (2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and (3) except as provided in Section 61…

It is unlawful to operate or allow the operation of a public water supply system or public wastewater facility unless the system or facility is operated by or under the supervision of a certified operator who meets or exceeds the appropriate certification level. History: 1953 Com…

The department, in accordance with the provisions of the Uniform Licensing Act [61- 1-1 to 61-1-31 NMSA 1978] relating to notice and hearing, may suspend or revoke a certification upon the grounds that the certified operator: A. committed fraud or deceit in procuring the certific…

A. It is unlawful for any person not certified as an operator to: (1) use the title "certified operator" or words of similar import in connection with the person's employment; (2) represent himself as a certified operator; or (3) perform the duties of a certified operator, except…

A. The commission shall establish by regulation a variance procedure for public water supply system and public wastewater facility operating authorities. B. Any variance procedure established by the commission shall not allow an operating authority more than six months to obtain …

Chapter 61, Article 34 NMSA 1978 may be cited as the "Signed Language Interpreting Practices Act". History: Laws 2007, ch. 248, § 1; 2013, ch. 166, § 6.

A. Notwithstanding Subsection B of Section 8 [61-34-8 NMSA 1978] of the Signed Language Interpreting Practices Act, a licensee may renew a license every two years by submitting a completed renewal application provided by the board. B. The board may require continuing education fo…

Except as provided in Section 61-1-34 NMSA 1978, the board may, by rule, establish a schedule of fees as follows: A. an initial nonrefundable biennial licensure fee not to exceed two hundred fifty dollars ($250); B. a nonrefundable biennial license renewal fee not to exceed two h…

The Signed Language Interpreting Practices Act is enforceable according to the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 2007, ch. 248, § 12.

A. The "signed language interpreting practices fund" is created in the state treasury. B. All money received by the board under the Signed Language Interpreting Practices Act shall be deposited with the state treasurer for credit to the signed language interpreting practices fund…

A. In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend a license held or applied for under the Signed Language Interpreting Practices Act, upon grounds that the licensee or applicant: (1) is gui…

A person who violates a provision of the Signed Language Interpreting Practices Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978. History: Laws 2007, ch. 248, § 15.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Signed Language Interpreting Practices Act. History: Laws 2007, ch. 248, § 16.

As used in the Signed Language Interpreting Practices Act: A. "board" means the signed language interpreting practices board; B. "consumer" means a person using the services of a signed language interpreter; C. "deaf, hard-of-hearing or deaf-blind person" means a person who has e…

For the purposes of the Signed Language Practices Act, a person is interpreting if the person advertises, offers to practice, is employed in a position described as interpreting or holds out to the public or represents in any manner that the person is an interpreter in this state…

Unless licensed pursuant to the Signed Language Interpreting Practices Act, a person shall not: A. practice as an interpreter or perform interpreting services: (1) for compensation or where compensation could be reasonably expected; or (2) where effective communication is mandate…

The Signed Language Interpreting Practices Act does not apply to: A. nonresident interpreters working in New Mexico less than thirty calendar days per year; B. interpreting in religious or spiritual settings; C. interpreting in informal settings for friends, families or guests; D…

A. A communication is confidential when it is not intended to be disclosed to third persons other than those present to further the interest of the person requiring the interpreting. B. A licensed signed language interpreter shall not disclose confidential information obtained in…

A. The "signed language interpreting practices board" is created. B. The board is administratively attached to the department with administrative staff provided by the department. C. The governor shall appoint the members to serve on the board. D. The board shall consist of seven…

A. The board shall: (1) administer and enforce provisions of the Signed Language Interpreting Practices Act; (2) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] setting forth the qualifications of applicants for licensure and the provisio…

A. The board shall issue a license as a community signed language interpreter to a person who: (1) files a completed application that is accompanied by the required fees; and (2) submits satisfactory evidence that the person: (a) has reached the age of majority; (b) is of good mo…

This act [61-35-1 to 61-35-8 NMSA 1978] may be cited as the "Unlicensed Health Care Practice Act". History: Laws 2009, ch. 141, § 1.

As used in the Unlicensed Health Care Practice Act: A. "complementary and alternative health care practitioner" means an individual who provides complementary and alternative health care services; B. "complementary and alternative health care service" means the broad domain of co…

A complementary and alternative health care practitioner who is not licensed, certified or registered in New Mexico as a health care practitioner shall not be in violation of any licensing law relating to health care services pursuant to Chapter 61 NMSA 1978 unless that individua…

A complementary and alternative health care practitioner shall not: A. perform surgery on an individual; B. set fractures on an individual; C. administer x-ray radiation to an individual; D. prescribe or dispense dangerous drugs or controlled substances to an individual; E. direc…

duties. Except for persons providing health care services pursuant to Section 61-6-17 NMSA 1978 or to employees or persons acting pursuant to the direction of licensed health care facilities or licensed health care providers while working within the scope of their employment or d…

The following individuals shall not provide complementary and alternative health care services pursuant to the Unlicensed Health Care Practice Act: A. former health care practitioners whose license, certification or registration has been revoked or suspended by any health care bo…

If the department determines that a complementary and alternative health care practitioner practicing pursuant to the Unlicensed Health Care Practice Act may have violated a provision of that act, it may take one or more of the following actions pursuant to the Uniform Licensing …

The superintendent of regulation and licensing is expressly authorized to promulgate rules as necessary to implement the provisions of the Unlicensed Health Care Practice Act. History: Laws 2009, ch. 141, § 8.

This act [61-37-1 to 61-37-25 NMSA 1978] may be cited as the "Tobacco Products Act". History: Laws 2020, ch. 46, § 1.

A. A license issued pursuant to the Tobacco Products Act shall not be transferred from the licensee to another person. B. The transfer of a license from one location to another may be approved by the division, provided that the licensee shall submit an application for license loc…

The "tobacco products administration fund" is created as a nonreverting fund in the state treasury. The fund consists of fees and administrative penalties collected by the division pursuant to the Tobacco Products Act, appropriations by the legislature, gifts, grants and donation…

All fees collected by the division pursuant to the Tobacco Products Act shall be deposited into the tobacco products administration fund. History: Laws 2020, ch. 46, § 12; 2022, ch. 39, § 103.

If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by t…

A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products. B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure…

products. A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products. B. Tobacco products may be sold by vending machines only in age-controlled locations wher…

prohibited. A. A person shall not provide free samples of tobacco products without the express written approval of the director. B. The provisions of Subsection A of this section shall not apply to an individual who provides free samples of tobacco products, e-cigarettes or nicot…

A retailer shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located a printed sign or decal that reads as follows: "IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.". History: Laws …

A person who manufactures, distributes or sells tobacco products without a license required pursuant to the Tobacco Products Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Contraband tobacco products seized by…

license suspension or revocation; administrative penalties. The division may suspend or revoke a license of a licensee, require the use of identification verification software for a designated period of time or impose an administrative penalty against a licensee in an amount not …

As used in the Tobacco Products Act: A. "child-resistant packaging" means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein wit…