Chapter 61 — Chapter 61

2028.) The board: A. shall select and provide for the administration of examinations for licensure no less often than semiannually; B. shall establish the passing scores for the New Mexico laws and regulation examinations; C. shall determine eligibility of individuals for licensu…

Chapter 61, Article 14E NMSA 1978 may be cited as the "Medical Imaging and Radiation Therapy Health and Safety Act". History: Laws 1983, ch. 317, § 1; 2009, ch. 106, § 1.

A. There is created in the state treasury the "radiologic technology fund". B. All fees received by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act shall be deposited with the state treasurer. The state treasurer shall place the money to…

Licensing Act. The board, pursuant to the advice and recommendation of the advisory council, may deny, revoke or suspend any license held or applied for under the Medical Imaging and Radiation Therapy Health and Safety Act, pursuant to the procedures established in the Uniform Li…

It is a misdemeanor for any person, firm, association or corporation to: A. knowingly or willfully employ as a medical imaging professional or radiation therapist any person who is required to but does not possess a valid license or certificate of limited practice to engage in th…

The purpose of the Medical Imaging and Radiation Therapy Health and Safety Act is to maximize the protection practicable for the citizens of New Mexico from ionizing and non-ionizing radiation in the practice of medical imaging. This purpose is effectuated by establishing require…

The administration and enforcement of the Medical Imaging and Radiation Therapy Health and Safety Act is vested in the department. History: Laws 1983, ch. 317, § 3; 1993, ch. 140, § 2; 2009, ch. 106, § 3.

As used in the Medical Imaging and Radiation Therapy Health and Safety Act: A. "advisory council" means the medical imaging and radiation therapy advisory council; B. "board" means the environmental improvement board; C. "certificate of limited practice" means a certificate issue…

The board shall, pursuant to the advice and recommendations of the advisory council and following the procedures set forth in Section 74-1-9 NMSA 1978: A. adopt and promulgate such rules, regulations and licensure standards as may be necessary to effectuate the provisions of the …

creation and organization. A. The "medical imaging and radiation therapy advisory council" is established, consisting of eleven members. The members shall be appointed by the governor, after consultation with the secretary of environment and professional organizations representin…

The division, pursuant to the rules and regulations promulgated by the board, shall: A. maintain and enforce licensure standards for magnetic resonance, radiography, radiation therapy technology, nuclear medicine technology, diagnostic medical sonography and radiology and licensu…

A. It is unlawful, unless licensed by the department as a medical imaging professional or radiation therapist, for any person to: (1) use ionizing or non-ionizing radiation on humans; (2) use any title, abbreviation, letters, figures, signs or other devices to indicate that the p…

A person having a valid certificate of limited practice may authorize diagnostic radiography procedures outside the normal scope of a limited radiographic practitioner if the person issued the certificate of limited practice is employed in an area having a federal designation as …

The department may issue a temporary certificate to practice as a radiologic technologist to a person who satisfactorily completes an approved program in radiologic technology, provided that the temporary certificate: A. is applied for within one year of graduation; B. is valid o…

After the promulgation of rules and regulations, except as provided in Section 61-1- 34 NMSA 1978, the department shall charge and collect the following fees: A. an application fee not to exceed ten dollars ($10.00); B. an examination fee not to exceed one hundred fifty dollars (…

This act [61-14F-1 to 61-14F-19 NMSA 1978] may be cited as the "Uniform Athlete Agents Act". History: Laws 2009, ch. 169, § 1.

A. An agency contract shall be in a record, signed or otherwise authenticated by the parties. B. An agency contract shall state or contain: (1) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agen…

A. Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic di…

A. A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. B. A student athlete shall not waive the right to cancel an agency contract. C. If a student athlete cancels…

A. An athlete agent shall retain the following records for a period of five years: (1) the name and address of each individual represented by the athlete agent; (2) any agency contract entered into by the athlete agent; and (3) any direct costs incurred by the athlete agent in th…

A. An athlete agent, with the intent to induce a student athlete to enter into an agency contract, shall not: (1) give any materially false or misleading information or make a materially false promise or representation; (2) furnish anything of value to a student athlete before th…

An athlete agent who violates the provisions of Section 14 [61-14F-14 NMSA 1978] of the Uniform Athlete Agents Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 2009, ch. 169, § 15.

A. An educational institution has a right of action against an athlete agent for damages caused by a violation of the provisions of the Uniform Athlete Agents Act. In an action pursuant to this section, the court may award to the prevailing party costs and reasonable attorney fee…

The secretary may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars ($25,000) for a violation of the Uniform Athlete Agents Act. History: Laws 2009, ch. 169, § 17.

In applying and construing the Uniform Athlete Agents Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2009, ch. 169, § 18.

Commerce Act. The provisions of the Uniform Athlete Agents Act governing the legal effect, validity or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 o…

As used in the Uniform Athlete Agents Act: A. "agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports- services contract or an endorsement contract; B. "athlete agent" means…

A. By acting as an athlete agent in this state, a nonresident individual appoints the secretary as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. B. The secretary may issue subp…

A. Except as otherwise provided in Subsection B of this section, an individual shall not act as an athlete agent in this state without holding a certificate of registration pursuant to Section 6 [61-14F-6 NMSA 1978] or 8 [61-14F-8 NMSA 1978] of the Uniform Athlete Agents Act. B. …

A. An applicant for registration shall submit an application for registration to the secretary in a form prescribed by the secretary. An application filed under this section is a public record. The application shall be in the name of an individual and, except as otherwise provide…

A. Except as otherwise provided in Subsection B of this section, the secretary shall issue a certificate of registration to an individual who complies with Subsection A of Section 5 [61-14F-5 NMSA 1978] of the Uniform Athlete Agents Act or whose application has been accepted purs…

A. The secretary may suspend, revoke or refuse to renew a certificate of registration for conduct that would have justified denial of registration pursuant to Subsection B of Section 6 [61-14F-6 NMSA 1978] of the Uniform Athlete Agents Act. B. The secretary may deny, suspend, rev…

The secretary may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. History: Laws 2009, ch. 169, § 8.

Except as provided in Section 61-1-34 NMSA 1978, an application for registration or renewal of registration shall be accompanied by a fee in the following amount: A. two hundred fifty dollars ($250) for an initial application for registration; B. two hundred dollars ($200) for an…

In order to safeguard life, health and property and to promote public welfare, any person practicing architecture in this state shall be required to submit evidence that he is qualified to practice and shall be registered as provided in the Architectural Act [61- 15-1.1 NMSA 1978…

Chapter 61, Article 15 NMSA 1978 may be cited as the "Architectural Act". History: 1978 Comp., § 61-15-1.1, enacted by Laws 1979, ch. 362, § 1; 1987, ch. 282, § 2.

A. A person who knowingly uses a forged architectural registration seal on a document for the purpose of permitting the constructing of a building for human habitation or occupancy is guilty of a fourth degree felony, punishable pursuant to Section 31-18-15 NMSA 1978. B. Each of …

effective July 1, 2030.) The provisions of the Criminal Offender Employment Act [28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Architectural Act [61-15-1.1 NMSA 1978]. History: 1953 Comp., § 67-12-10, enacted by Laws 1974, ch. 7…

A. In accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may refuse to issue, may suspend or may revoke any certificate of registration as an architect, and the board may impose disciplinary conditions, including a letter of censu…

effective July 1, 2030.) The board of examiners for architects is terminated on July 1, 2029 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of the Architectural Act until July 1, 2030. Effective July 1, 2030, the Arch…

As used in the Architectural Act [61-15-1.1 NMSA 1978]: A. "architect" means any individual registered under the Architectural Act to practice architecture; B. "architectural services" means the services, as defined by rule of the board, performed in the practice of architecture.…

qualifications. (Repealed effective July 1, 2030.) A. The "board of examiners for architects" is created consisting of seven members appointed by the governor for staggered terms of three years each. Six of the members shall be architects having ten years or more experience in th…

2030.) A. The board shall hold at least four regular meetings each year. Any board member failing to attend three consecutive regular meetings is automatically removed as a member of the board. A majority of the board members constitutes a quorum. B. A board member may participat…

ANNOTATIONS Repeals. — Laws 1987, ch. 282, § 15 repeals 61-15-4.1 NMSA 1978, as enacted by Laws 1983, ch. 63, § 1 relating to development, adoption and enforcement of rules governing the practice of architecture on public projects, effective June 19, 1987. For former provisions s…

2030.) A. The board shall keep a record of its proceedings. The records of the board shall be prima facie evidence of the proceedings of the board set forth in the record and a transcript of the record, duly certified by the board under seal, shall be admissible in evidence with …

2030.) A. To be eligible for registration, a person shall be of good character and repute. B. An applicant for registration shall submit evidence satisfactory to the board that the applicant is fully qualified to practice architecture in New Mexico. C. All applicants for registra…

2030.) A. The board shall issue a certificate of registration to each architect. An architect may, upon registration, obtain the seal of the design authorized by the board, which bears the registrant's name and the legend "Registered Architect--State of New Mexico". All plans, sp…

2030.) A. The following are exempt from the provisions of the Architectural Act: (1) architects who have no established places of business in this state and who are not registered pursuant to the Architectural Act may act as consulting associates of an architect registered under …

A. The state and its political subdivisions are not exempt from the requirements of the Architectural Act. B. A person who is not an architect may prepare building plans and specifications, unless the building plans and specifications involve public safety or health, but the work…

It is unlawful for any person who sells at public auction any personal property belonging to another: A. to bid on any article placed by him at auction; or B. employ or in any way allow puffers to bid for him at an auction. History: Laws 1889, ch. 95, § 1; C.L. 1897, § 1290; Code…