The State of New Mexico has enacted legislation commonly known as The Unlicensed Health Care Practice Act. The purpose of this Act was to allow the practice of complementary and alternative health care.

Under the Act, client’s of any person practicing under the umbrella of the Act have the full right to information that the state has deemed important to such client as outlined below.

What follows is the full statute of the State of New Mexico:

AN ACT
RELATING TO HEALTH CARE; ENACTING THE UNLICENSED HEALTH CARE
PRACTICE ACT; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.–This act may be cited as the
“Unlicensed Health Care Practice Act”.
Section 2. DEFINITIONS.–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 complementary and
alternative healing methods and treatments including:
(1) anthroposophy;
(2) aromatherapy;
(3) ayurveda;
(4) culturally traditional healing
practices, including practices by a curandera, sobadora,
partera, medica and arbolaira, and healing traditions,
including plant medicines and foods, prayer, ceremony and
song;
(5) detoxification practices and therapies;
(6) energetic healing;
(7) folk practices;
(8) Gerson therapy and colostrum therapy;
(9) healing practices utilizing food,
dietary supplements, nutrients and the physical forces of
heat, cold, water, touch and light;
(10) healing touch;
(11) herbology or herbalism;
(12) homeopathy;
(13) meditation;
(14) mind-body healing practices;
(15) naturopathy;
(16) nondiagnostic iridology;
(17) noninvasive instrumentalities;
(18) polarity therapy; and
(19) holistic kinesiology and other muscle
testing techniques;
C. “controlled substance” means a drug or
substance listed in Schedules I through V of the Controlled
Substances Act or rules adopted pursuant to that act;
D. “conventional medical diagnosis” means a
medical term that is commonly used and understood in
conventional western medicine;
E. “dangerous drug” means a drug that is required
by an applicable federal or state law or rule to be dispensed
pursuant to a prescription; that is restricted to use by
licensed practitioners; or that is required by federal law to
be labeled with any of the following statements prior to being
dispensed or delivered:
(1) “Caution: federal law prohibits
dispensing without prescription.”;
(2) “Caution: federal law restricts this
drug to use by or on the order of a licensed veterinarian.”;
or
(3) “Rx only”;
F. “department” means the regulation and licensing
department;
G. “health care practitioner” means an individual
who provides health care services;
H. “health care service” means any service
relating to the physical and mental health and wellness of an
individual; and
I. “sexual contact” means touching the primary
genital area, groin, anus, buttocks or breast of a patient or
allowing a patient to touch another’s primary genital area,
groin, anus, buttocks or breast and includes sexual
intercourse, cunnilingus, fellatio or anal intercourse,
whether or not there is any emission, or introducing any
object into the genital or anal openings of another.

Section 3. LICENSING EXEMPTION.–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 individual:
A. engages in any activity prohibited in Section 4
of the Unlicensed Health Care Practice Act; or
B. fails to fulfill the duties set forth in
Section 5 of the Unlicensed Health Care Practice Act.

Section 4. PROHIBITED ACTS.–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. directly manipulate the joints or spine of an
individual;
F. physically invade the body except for the use
of non-prescription topical creams, oils, salves, ointments,
tinctures or any other preparations that may penetrate the
skin without causing harm;
G. make a recommendation to discontinue current
medical treatment prescribed by a licensed health care
practitioner;
H. make a specific conventional medical diagnosis;
I. have sexual contact with a current patient or
former patient within one year of rendering service;
J. falsely advertise or provide false information
in documents described in Subsection A of Section 5 of the
Unlicensed Health Care Practice Act;
K. illegally use dangerous drugs or controlled
substances;
L. reveal confidential information of a patient
without the patient’s written consent;
M. engage in fee splitting or kickbacks for
referrals;
N. refer to the practitioner’s self as a licensed
doctor or physician or other occupational title pursuant to
Chapter 61 NMSA 1978; or
O. perform massage therapy on an individual
pursuant to the Massage Therapy Practice Act.

Section 5. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
PRACTITIONER–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 direction, a complementary and alternative health care
practitioner shall:
A. provide to a patient prior to rendering
services a patient information document, either in writing in
plain language that the patient understands or, if the patient
cannot read, orally in a language the patient understands,
containing the following:
(1) the complementary and alternative health
care practitioner’s name, title and business address and
telephone number;
(2) a statement that the complementary and
alternative health care practitioner is not a health care
practitioner licensed by the state of New Mexico;
(3) a statement that the treatment to be
provided by the complementary and alternative health care
practitioner is complementary or alternative to health care
services provided by health care practitioners licensed by the
state of New Mexico;
(4) the nature and expected results of the
complementary and alternative health care services to be
provided;
(5) the complementary and alternative health
care practitioner’s degrees, education, training, experience
or other qualifications regarding the complementary and
alternative health care services to be provided;
(6) the complementary and alternative health
care practitioner’s fees per unit of service and method of
billing for such fees and a statement that the patient has a
right to reasonable notice of changes in complementary and
alternative health care services or charges for complementary
and alternative health care services;
(7) a notice that the patient has a right to
complete and current information concerning the complementary
and alternative health care practitioner’s assessment and
recommended complementary and alternative health care services
that are to be provided, including the expected duration of
the complementary and alternative health care services to be
provided and the patient’s right to be allowed access to the
patient’s records and written information from the patient’s
records;
(8) a statement that patient records and
transactions with the complementary and alternative health
care practitioner are confidential unless the release of these
records is authorized in writing by the patient or otherwise
provided by law;
(9) a statement that the patient has a right
to coordinated transfer when there will be a change in the
provider of complementary and alternative health care
services; and
(10) the name, address and telephone number
of the department and notice that a patient may file
complaints with the department; and
B. obtain a written acknowledgment from a patient,
or if the patient cannot write an oral acknowledgment
witnessed by a third party, stating that the patient has been
provided with a copy of the information document. The patient
shall be provided with a copy of the written acknowledgment,
which shall be maintained for three years by the complementary
and alternative health care practitioner providing the
complementary and alternative health care service.

Section 6. APPLICABILITY.–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 board and not reinstated;
B. individuals convicted of a felony for a crime
against a person who have not satisfied the terms of the
person’s sentence as provided by law;
C. individuals convicted of a felony related to
health care who have not satisfied the terms of the person’s
sentence as provided by law; and
D. individuals who have been deemed mentally
incompetent by a court of law.
Section 7. DISCIPLINARY ACTIONS.–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 Act against the complementary and
alternative health care practitioner if that practitioner is
found to have violated a provision of the Unlicensed Health
Care Practice Act:
A. provide written notice to the complementary and
alternative health care practitioner requesting the
practitioner to correct the activity that is a violation of
the Unlicensed Health Care Practice Act; this action shall be
the first option if the offense is a violation of the
disclosure requirements of the Unlicensed Health Care Practice
Act;
B. issue a cease and desist order against the
complementary and alternative health care practitioner
pertaining to the provision of complementary and alternative
health care services that are not in compliance with the
provisions of the Unlicensed Health Care Practitioner Act; or
C. impose a civil penalty in an amount not to
exceed ten thousand dollars ($10,000) for each violation.
Section 8. DUTIES OF THE SUPERINTENDENT.–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.
Section 9. SEVERABILITY.–If any part or application of
this act is held invalid, the remainder or its application to
other situations or persons shall not be affected.
Section 10. EFFECTIVE DATE.–The effective date of the
provisions of this act is July 1, 2009.