Chapter 61 — Chapter 61

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.

History: Laws 2017, ch. 136, § 1; 1978 Comp., § 61-36-1, recompiled and amended as § 61-3B-1 by Laws 2022, ch. 39, § 20.

History: Laws 2017, ch. 136, § 2; 1978 Comp., § 61-36-2, recompiled as § 61-3B-2 by Laws 2022, ch. 39, § 105.

History: Laws 2017, ch. 136, § 3; 1978 Comp., § 61-36-3, recompiled and amended as § 61-3B-3 by Laws 2022, ch. 39, § 21.

History: Laws 2017, ch. 136, § 4; 1978 Comp., § 61-36-4, recompiled as § 61-3B-4 by Laws 2022, ch. 39, § 105.

History: Laws 2017, ch. 136, § 5; 2020, ch. 6, § 61; 1978 Comp., § 61-36-5, recompiled as § 61-3B-5 by Laws 2022, ch. 39, § 105.

History: Laws 2017, ch. 136, § 6;1978 Comp., § 61-36-6, recompiled and amended as § 61-3B-6 by Laws 2022, ch. 39, § 22.

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…

The alcoholic beverage control division of the regulation and licensing department, the department of public safety and the appropriate law enforcement authorities in each county and municipality may conduct random, unannounced inspections of facilities where tobacco products are…

A. The department of public safety has authority over all investigations and enforcement activities required under the Tobacco Products Act, except for those provisions relating to the issuance, denial, suspension or revocation and administrative sanctions of licenses unless its …

A. The division has the authority over all matters relating to the issuance, denial, suspension, revocation and other administrative penalties or transfer of licenses under the Tobacco Products Act. The director may request the department of public safety to provide investigatory…

A. For the purpose of administering the licensing provisions of the Tobacco Products Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require that person…

When a municipality or county, including a home rule municipality or an urban county, adopts an ordinance, charter amendment or regulation pertaining to the sales of tobacco products, the ordinance, charter amendment or regulation shall be consistent with the provisions of the To…

The provisions of the Tobacco Products Act do not apply to the lawful purchase or use by a minor of a tobacco-cessation product approved by the federal food and drug administration. History: Laws 2020, ch. 46, § 25.

safety requirements. A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor. B. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed packa…

sale of tobacco products. A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act. B. The division shal…

renewal requirements; fees. A. A person shall not manufacture tobacco products at any location in the state without first obtaining a manufacturer license issued by the division to that person for that location. B. An application for a manufacturer license or manufacturer license…

requirements; fees. A. A person shall not distribute tobacco products from any location in the state without first obtaining a distributor license issued by the division to that person for that location. B. An application for a distributor license or distributor license renewal s…

requirements; fees. A. A person shall not sell tobacco products at any location in the state without first obtaining a retailer license issued by the division to that person or that person's employer for that location. B. An application for a retailer license or for a retailer li…

If the information submitted in an application pursuant to the Tobacco Products Act for a license or for a license renewal changes, the licensee shall notify the division within ten business days of the change. If a change in the information required for an application results in…

A. Beginning January 1, 2021, the division shall begin issuing licenses. B. The division shall grant or deny an application for a license or for a license renewal made pursuant to the Tobacco Products Act after the complete application is submitted to the division. The division s…

History: Laws 2023, ch. 197, § 1; recompiled as § 60-13B-1 NMSA 1978.

History: Laws 2023, ch. 197, § 10; recompiled as § 60-13B-10 NMSA 1978.

History: Laws 2023, ch. 197, § 11; recompiled as § 60-13B-11 NMSA 1978.

History: Laws 2023, ch. 197, § 12; recompiled as § 60-13B-12 NMSA 1978.