New Mexico Professional Engineer Licensing Law

New Mexico Code · 49 sections

The following is the full text of New Mexico’s professional engineer licensing law statutes as published in the New Mexico Code. For the official version, see the New Mexico Legislature.

N.M. Stat. Ann. § 61-1-2

As used in the Uniform Licensing Act:

A.  "board" means:

(1)       the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

(2)       the manufactured housing committee and the manufactured housing division of the regulation and licensing department;

(3)       the crane operators licensure examining council;

(4)       a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;

(5)       the cannabis control division of the regulation and licensing department; and

(6)       any other state agency to which the Uniform Licensing Act is applied by law;

B.  "applicant" means a person who has applied for a license;

C.  "expedited license", whether by examination, endorsement, credential or reciprocity, means a license issued to a person in this state based on licensure in another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

D.  "initial license" means the first regular license received from a board for a person who has not been previously licensed;

E.  "license" means a certificate, permit or other authorization to engage in a profession or occupation regulated by a board;

F.   "licensing jurisdiction" means another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

G.  "party" means a respondent licensee, applicant or unlicensed person who is the subject of a disciplinary proceeding or the civil administrative prosecutor representing the state and the board;

H.  "probation" means to allow, for a stated period of time, the conduct authorized by a license, subject to conditions or other restrictions that are reasonably related to the grounds for probation;

I.    "regular license" means a license that is not issued as a temporary or provisional license;

J.   "revocation" means to prohibit the conduct authorized by the license for an indefinite period of time; and

K.  "suspension" means to prohibit, for a stated period of time, the conduct authorized by the license.

History:  1953 Comp., § 67-26-2, enacted by Laws 1957, ch. 247, § 2; 1959, ch. 223, § 13; 1969, ch. 6, § 1; 1971, ch. 54, § 2; 1973, ch. 259, § 4; 1977, ch. 245, § 165; 1978 Comp., § 61-1-2 ,1981, ch. 62, § 16; 1981, ch. 349, § 1; 1983, ch. 295, § 26; 1989, ch. 6, § 49; 1989, ch. 51, § 26; 1989, ch. 387, § 16; 1990, ch. 75, § 24; 1991, ch. 147, § 26; 1993, ch. 49, § 31; 1993, ch. 171, § 25; 1993, ch. 295, § 1; 2002, ch. 83, § 1; 2022, ch. 39, § 1; 2023, ch. 190, § 1; 2024, ch. 38, § 18.

ANNOTATIONS

The 2024 amendment, effective July 1, 2024, added the cannabis control division to the list of agencies under the definition of "board" as used in the Uniform Licensing Act; and in Subsection A, added a new Paragraph A(5) and redesignated former Paragraph A(5) as Paragraph A(6).

The 2023 amendment, effective July 1, 2023, defined "party," "probationer," "revocation" and "suspension"; added new Subsections G and H and redesignated former Subsections G through I as Subsections I through K, respectively; in Subsection J, deleted "revoke a license" and added "revocation", and after "by the license", added "for an indefinite period of time"; and in Subsection K, deleted "suspend a license" and added "suspension", and deleted "'Suspend a license' also means to allow, for a stated period of time, the conduct authorized by the license, subject to conditions that are reasonably related to the grounds for suspension.".

The 2022 amendment, effective May 18, 2022, included "the crane operators licensure examining council" within the definition of "board", revised the definition of "license", removed the definition of "emergency", and defined "expedited license", "initial license", "licensing jurisdiction" and "regular license", as used in the Uniform Licensing Act; in Subsection A, added a new Paragraph A(3) and redesignated former Paragraphs A(3) and A(4) as Paragraphs A(4) and A(5), respectively; added new Subsections C and D and redesignated former Subsection C as Subsection E; in Subsection E, after "to engage in", deleted "each of the professions and occupations" and added "a profession or occupation", and after "regulated by", deleted "the boards enumerated in Subsection A of this section" and added "a board"; added new Subsections F and G and redesignated former Subsections D and E as Subsections H and I, respectively; and deleted former Subsection F, which defined "emergency".

The 2002 amendment, effective March 5, 2002, added Subsection F.

The 1993 amendment, effective June 18, 1993, rewrote Subsection A.

The 1991 amendment, effective June 14, 1991, in Subsection A, added Paragraphs (35) and (36), designated former Paragraph (35) as Paragraph (37) and made a related stylistic change, and made a minor stylistic change in Subsection E.

The 1990 amendment, effective May 16, 1990, in Subsection A, substituted "professional engineers and surveyors" for "professional engineers and land surveyors" in Paragraph (16), substituted "construction industries commission and construction industries division" for "construction industries committee and division" in Paragraph (20), deleted "Polygraphy Act and the" preceding "Private Investigators Act" in Paragraph (25), added present Paragraphs (28) to (34), designated former Paragraph (28) as present Paragraph (35), and made a minor stylistic change.

The 1989 amendment, effective July 1, 1989, in Subsection A(20), substituted "regulation and licensing department" for "commerce and industry department"; in Subsection A(24), inserted "manufactured housing" preceding "division" and substituted "regulation and licensing department" for "commerce and industry department"; added Subsection A(27); and redesignated former Subsection A(27) as Subsection A(28).

N.M. Stat. Ann. § 61-15-1

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]. It shall be unlawful for any person to practice architecture in this state unless that person is duly registered or exempt under the provisions of the Architectural Act.

History: Laws 1931, ch. 155, § 1; 1939, ch. 82, § 1; 1941 Comp., § 51-1401; 1953 Comp., § 67-12-1; 1987, ch. 282, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.

Cross references. — For engineering practice, see 61-23-1 NMSA 1978 et seq.

The 1987 amendment, effective June 19, 1987, deleted the Subsection A designation at the beginning, substituted "in the Architectural Act" for "and from six months after the passage of this act" at the end of the first sentence, and in the second sentence inserted "or exempt" following "is duly registered" and substituted "the Architectural Act" for "this act except as hereinafter provided" at the end.

Registration not required for licensed engineers. — Professional engineers licensed under 67-21-1 to 67-21-25, 1953 Comp. (now repealed) (now Section 61-23-1 NMSA 1978 et seq.), need not secure registration under this act. They are authorized to draw plans and construct buildings and to do many acts similar to those of registered architects. The two laws are similar, but need not be read together, since they are each for the purpose of regulating separate and distinct professions in which the actual practice calls for doing similar acts. 1939 Op. Att'y Gen. No. 39-3205 (rendered prior to enactment of Engineering and Land Surveying Practice Act).

Registration and residence prerequisites to county employment. — A county may not employ an architect who is not a resident of New Mexico and who has not obtained state registration. 1947 Op. Att'y Gen. No. 47-5072.

Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).

For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Architects § 1 et seq.

Failure of architect to procure license as affecting validity or enforceability of contracts, 30 A.L.R. 851, 42 A.L.R. 1226, 118 A.L.R. 646.

Architect's or engineer's compensation as affected by inability to carry out plan or specifications at amount satisfactory to employer, 127 A.L.R. 410.

Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.

What amounts to architectural or engineering services within license requirements, 82 A.L.R.2d 1013.

Architect's liability for personal injury or death allegedly caused by improper or defective plans or design, 97 A.L.R.3d 455.

6 C.J.S. Architects § 4.

N.M. Stat. Ann. § 61-15-2

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. These services include predesign services, programming and planning, providing designs, drawings, specifications, other technical submissions, administration of construction contracts, coordination of technical submissions prepared by others and such other professional services as may be necessary to the planning, progress and completion of any architectural services. An architect who has complied with all of the laws of New Mexico relating to the practice of architecture has a right to engage in the incidental practice of activities properly classifiable as engineering; provided that the architect does not hold himself out to be an engineer or as performing engineering services and further provided that the architect performs only that part of the work for which the architect is professionally qualified and uses qualified professional engineers, architects or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, rules and ordinances of the state or its political subdivisions pertaining to documents bearing an architect's professional seal;

C.  "board" means the board of examiners for architects;

D.  "construction administration", when performed by an architect, means the interpretation of the drawings and specifications, the establishment of standards of acceptable workmanship and the observation of construction to determine its consistency with the general intent of the construction documents. Inspection of buildings by contractors, subcontractors or building inspectors or their agents shall not constitute construction administration;

E.  "incidental practice" means the performance of other professional services that are related to an architect's performance of architectural services;

F.   "intern architect" means a person who is actively pursuing completion of the requirements for diversified training in accordance with rules of the board;

G.  "practice of architecture" means rendering or offering to render architectural services in connection with the design, construction, enlargement or alteration of a building or group of buildings and the space within the site surrounding those buildings, which have as their principal purpose human occupancy or habitation. "Practice of architecture" does not include the practice of engineering as defined in the Engineering and Surveying Practice Act [61-23-1 NMSA 1978] but may include such engineering work as is incidental practice;

H.  "project" means the building or group of buildings and the space within the site surrounding the buildings as defined by the construction documents; and

I.    "responsible charge" means that all architectural services have been or will be performed under the direction, guidance and restraining power of a registered architect who has exercised professional judgment with respect thereto.

History: 1978 Comp., § 61-15-2, enacted by Laws 1979, ch. 362, § 2; 1987, ch. 282, § 3; 1999, ch. 263, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.

Repeals and reenactments. — Laws 1979, ch. 362, § 2, repealed former 61-15-2 NMSA 1978, relating to definitions of "practice of architecture," "general administration of construction" and "building," and enacted a new 61-15-2 NMSA 1978.

The 1999 amendment, effective June 18, 1999, in Subsection B, inserted "as defined by rule of the board", substituted "predesign services, programming and planning, providing designs" for "planning, providing preliminary studies, designs", substituted "administration of construction contracts, coordination of technical submissions prepared by others and such" for "and the observation of construction for the purpose of assuring substantial compliance with drawings and specifications and include such" in the first sentence, deleted language allowing engineers to engage in activities properly classified as architecture insofar as it is incidental to work as an engineer, and added the language beginning "codes, rules and ordinances" at the end of the subsection; in Subsection D, substituted the term "construction administration" for the term "construction observation of a construction contract" twice and deleted "periodic" preceding "observation"; deleted former Subsection E, which defined "direct supervision"; added Subsections E, F, H and I, and redesignated former Subsection F as Subsection G; and in Subsection G, substituted "architectural services" for "any service which requires architectural education, training and experience" in the first sentence, and added the second sentence.

The 1987 amendment, effective June 19, 1987, alphabetized and relettered the subsections; rewrote Subsection B; in Subsection D substituted "construction observation of a construction contract" for "general administration of a construction contract" at the beginning, and added "when performed by a person engaged in the practice of architecture" to the end of the first sentence and added the second sentence; inserted Subsection E; and rewrote Subsection F.

Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).

N.M. Stat. Ann. § 61-23-1

Chapter 61, Article 23 NMSA 1978 may be cited as the "Engineering and Surveying Practice Act".

History: Laws 1987, ch. 336, § 1; 1993, ch. 218, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336, repealed former 61-23-1 NMSA 1978, as amended by Laws 1947, ch. 110, § 2, relating to replacement of reference marks which have been removed or obliterated, effective June 19, 1987, and enacted a new section.

The 1993 amendment, effective July 1, 1993, substituted "Chapter 61, Article 23 NMSA 1978" for "Sections 1 through 32 of this act".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 69 to 75.

53 C.J.S. Licenses §§ 5, 7, 34 to 40, 50 to 63.

N.M. Stat. Ann. § 61-23-10

61-23-10. Duties and powers of the board. (Repealed effective July 1, 2030.)

A. The board shall administer the provisions of the Engineering and Surveying Practice Act and exercise the authority granted the board in that act. The board is the sole state agency with the power to certify the qualifications of professional engineers and professional surveyors. The board may engage such personnel, including an executive director, as it deems necessary.

B. The board may promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are reasonable for the proper performance of its duties and the regulation of its procedures, meeting records and examinations and the conduct of examinations. The board shall promulgate rules of professional responsibility for professional engineers and professional surveyors that are not exclusive to the practice of engineering or exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.

C. The professional engineering committee shall promulgate rules of professional responsibility exclusive to the practice of engineering. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.

D. The professional surveying committee shall promulgate rules of professional responsibility exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.

E. The joint engineering and surveying standing committee has exclusive authority over practice disputes between engineers and surveyors to determine if proposed rules of professional responsibility are exclusive to the practice of engineering or exclusive to the practice of surveying so that rulemaking authority is delegated to the engineering committee or to the surveying committee. Determination of exclusive practice of engineering or surveying requires an affirmative vote by no less than three members of the joint committee. If an affirmative vote of three members cannot be achieved, the determination of exclusivity shall be made by the full board.

F. To effect the provisions of the Engineering and Surveying Practice Act, the board may, under the chair's hand and the board's seal, subpoena witnesses and compel the production of books, papers and documents in any disciplinary action conducted in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] against a licensee or a person practicing or offering to practice without licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If a person refuses to obey a subpoena so issued or refuses to testify or produce any books, papers or documents, the board may apply to a court of competent jurisdiction for an order to compel the requisite action. If a person willfully fails to comply with such an order, that person may be held in contempt of court.

G. The board may apply for injunctive relief to enforce the provisions of the Engineering and Surveying Practice Act or to restrain any violation of that act. The members of the board shall not be personally liable under this proceeding.

H. The board may subject an applicant for licensure to such examinations as it deems necessary to determine the applicant's qualifications.

I. The board shall create enforcement advisory committees composed of licensees as necessary. Each committee shall include at least four licensees in the same category as the respondent. An engineering enforcement advisory committee shall have at least one licensee in the same branch as the respondent. Enforcement advisory committees shall provide technical assistance to the board and its staff. The board shall select members from a list of volunteers submitting their resumes and letters of interest.

J. No action or other legal proceedings for damages shall be instituted against the board, a board member or an agent, an employee or a member of an advisory committee of the board for any act done in good faith and in the intended performance of any power or duty granted pursuant to the Engineering and Surveying Practice Act or for any neglect or default in the good faith performance or exercise of any such power or duty.

K. The board, in cooperation with the board of examiners for architects and the board of landscape architects, shall create a joint standing committee to be known as the "joint practice committee". In order to safeguard life, health and property and to promote the public welfare, the committee shall have as its purpose the promotion and development of the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of the committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.

L. As used in the Engineering and Surveying Practice Act, "incidental practice" shall be defined by identical rules of the board and the board of examiners for architects.

History: Laws 1987, ch. 336, § 10; 1993, ch. 218, § 7; 1999, ch. 259, § 6; 2005, ch. 69, § 5; 2022, ch. 39, § 86.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-10 NMSA 1978, as amended by Laws 1963, ch. 43, § 25, relating to reimbursement of board members, effective June 19, 1987, and enacted a new section.

The 2022 amendment, effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the State Rules Act when promulgating rules and to follow the provisions of the Uniform Licensing Act in disciplinary matters; in Subsection B, after "The board", deleted "shall have the power to adopt and amend all bylaws and" and added "may promulgate", after "rules", deleted "of procedure consistent with the constitution and the laws of this state" and added "in accordance with the State Rules Act"; and in Subsection F, after "in any disciplinary action", added "conducted in accordance with the Uniform Licensing Act".

The 2005 amendment, effective June 17, 2005, provides that the board is the sole authority to certify the qualifications of professional engineers and professional surveyors' authorizes the professional engineering committee and the professional surveying committee to adopt and promulgate rules of professional responsibility exclusive to engineering and surveying respectively, and provides that the joint engineering and surveying standing committee has exclusive authority over practice disputes between engineer and surveyors to determine to determine if proposed rules of professional responsibility are exclusive to one practice or the other in order to delegate rule making authority to the proper committee.

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section; added Subsection F, and redesignated subsequent subsections accordingly; substituted "board member or an agent, and employee or a member of an advisory committee" for "board member or employee" in Subsection G; and deleted "of registration for professional engineers and surveyors" following "regulations of the board" in Subsection I.

The 1993 amendment, effective July 1, 1993, added the second sentence of Subsection A; deleted "or the Engineering and Surveying Practice Act" following "laws of this state" in the first sentence of Subsection B; substituted "examiners for architects" for "architectural examiners" and " 'joint practice committee' " for " 'architect-engineer-landscape architect joint practice committee', to resolve disputes concerning these professions" in the first sentence and added the second sentence of Subsection G; added Subsection H; and made minor stylistic changes throughout the section.

N.M. Stat. Ann. § 61-23-11

61-23-11. Receipts and disbursement; fund created. (Repealed effective July 1, 2030.)

A. The "professional engineers' and surveyors' fund" is created in the state treasury. The executive director of the board shall receive and account for all money received under the provisions of the Engineering and Surveying Practice Act and shall pay that money to the state treasurer for deposit in the fund. Money in this fund shall be paid out only by warrant of the secretary of finance and administration upon the state treasurer, upon itemized vouchers approved by the chair and attested by the executive director of the board. All money in the fund is appropriated for the use of the board. Earnings from investment of the fund shall accrue to the credit of the fund.

B. The executive director of the board shall give a surety bond to the state in such sum as the board may determine. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund.

C. The board may make expenditures of the fund for any purpose that in the opinion of the board is reasonably necessary for the proper performance of its duties pursuant to the Engineering and Surveying Practice Act, including the expenses of the board's delegates to the conventions of, and for membership dues to, the national council of examiners for engineering and surveying and any of its subdivisions or any other body of similar purpose.

History: Laws 1987, ch. 336, § 11; 1993, ch. 218, § 8; 1999, ch. 259, § 7; 2017, ch. 42, § 3.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-11 NMSA 1978, as enacted by Laws 1957, ch. 211, § 7, relating to removal of board members, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, in Subsection A, after "approved by the", changed "chairman" to "chair".

The 1999 amendment, effective June 18, 1999, added "fund created" to the section heading; substituted references to "fund" for references to "professional engineers' and surveyors' fund" throughout the section; and in Subsection A, added the first and last sentences, and substituted "the fund" for "a separate fund" in the second sentence.

The 1993 amendment, effective July 1, 1993, substituted "executive director" for "secretary" in the first and second sentences of Subsection A and in the first sentence of Subsection B; and substituted "examiners for engineering and surveying" for "engineering examiners" near the end of Subsection C.

N.M. Stat. Ann. § 61-23-13

61-23-13. Roster of licensed professional engineers and professional surveyors. (Repealed effective July 1, 2030.)

A roster showing the names and addresses of all licensed professional engineers and licensed professional surveyors shall be maintained by the board and shall be placed on file with the state commission of public records and made available to the public.

History: Laws 1987, ch. 336, § 13; 1993, ch. 218, § 10; 1999, ch. 259, § 9; 2012, ch. 46, § 2; 2017, ch. 42, § 5.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-13 NMSA 1978, as amended by Laws 1979, ch. 363, § 7, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, removed the provision requiring the board to maintain and place a list of all licensed professional engineers and licensed professional surveyors with the secretary of state’s office; in the catchline, after "engineers and", added "professional"; and after "licensed professional engineers and", added "licensed", and after "placed on file with", deleted "the secretary of state and".

The 2012 amendment, effective July 1, 2012, required the board to provide a roster of engineers and surveyors to the public; deleted former language which required the board to prepare a roster in even-numbered years and a supplement to the roster in odd numbered years; to make the roster and supplement available to licensees, and permitted the board to distribute or sell the roster to the public; and after "professional surveyors shall be", added "maintained by the board and shall be placed on file with the secretary of state and the state commission of public records and made available to the public".

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" in the section heading and first sentence, and substituted "made available to each licensee" for "mailed to each registrant" in the last sentence.

The 1993 amendment, effective July 1, 1993, substituted "executive director" for "secretary" in the first and second sentences; and, in the third sentence, substituted "registrant no later than November 30 of each year" for "person so registered" and inserted "and the state commission of public records".

N.M. Stat. Ann. § 61-23-14

61-23-14. Certification as an engineer intern; requirements. (Repealed effective July 1, 2030.)

A. An applicant for certification as an engineer intern shall file the appropriate application that demonstrates that the applicant:

(1) is of good moral character and reputation as determined by board rules;

(2) has obtained at least a senior status in a board-approved, four-year curriculum in engineering or in a board-approved, four-year curriculum in engineering technology that is accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology; and

(3) has three references, one of whom shall be a licensed professional engineer.

B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for certification as an engineer intern.

C. An applicant may be certified as an engineer intern upon successfully completing the examination; provided that the applicant has:

(1) graduated from a board-approved engineering curriculum of four years or more or graduated from an engineering master's program that is accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying; or

(2) graduated from a board-approved, four-year engineering technology program accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology and augmented by at least two years of board-approved, post-graduate engineering experience.

D. The certification as engineer intern does not permit the intern to practice as a professional engineer. Certification as an engineer intern is intended to demonstrate that the intern has obtained certain skills in engineering fundamentals and is pursuing a career in engineering.

History: 1978 Comp., § 61-23-14, enacted by Laws 1993, ch. 218, § 11; 1999, ch. 259, § 10; 2005, ch. 69, § 6; 2023, ch. 79, § 2.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed a former 61-23-14 NMSA 1978, as amended by Laws 1979, ch. 363, § 8, relating to receipts and disbursements, effective June 19, 1987, and enacted former 61-23-14 NMSA 1978.

Laws 1993, ch. 218, § 11 repealed former 61-23-14 NMSA 1978, as enacted by Laws 1987, ch. 336, § 14, which concerned the requirements for registration as a professional engineer or certification as an engineering intern, and enacted a new section, effective July 1, 1993.

The 2023 amendment, effective June 16, 2023, revised the qualifications for certification as an engineer intern; in Subsection A, Paragraph A(1), after "reputation", added "as determined by board rules", and in Paragraph A(2), after "accredited by the", deleted "technical" and added "engineering technology"; and in Subsection C, Paragraph C(1), after "board-approved", deleted "four-year", and after "engineering curriculum", added "of four years or more or graduated from an engineering master's program that is accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying", and in Paragraph C(2), after "accredited by the", deleted "technology" and added "engineering technology".

The 2005 amendment, effective June 17, 2005, eliminates the limitation in Subsection B on the number of examinations an applicant may take.

The 1999 amendment, effective June 18, 1999, deleted "related science curriculum" following "curriculum in engineering" in Subsection A(2); substituted "licensed professional" for "registered professional" in Subsection A(3); and deleted "related science curriculum or" preceding 'engineering technology program" in Subsection C(2).

N.M. Stat. Ann. § 61-23-14.1

61-23-14.1. Licensure as a professional engineer; requirements. (Repealed effective July 1, 2030.)

A. Licensure as a professional engineer may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application in which it shall be demonstrated that the applicant:

(1) is of good moral character and reputation as determined by board rules; and

(2) has five references, three of whom shall be licensees practicing in the branch of engineering for which the applicant is applying and who have personal knowledge of the applicant's engineering experience and reputation. The use of non-licensed engineer references having personal knowledge of the applicant's engineering experience and reputation may be accepted by the board if a satisfactory written explanation is given.

B. An applicant may be licensed through examination if the applicant can demonstrate the following:

(1) the applicant is certified as an engineer intern and has at least one of the following combinations of education and experience; provided that experience shall only be considered after receiving the first qualifying engineering degree:

(a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience;

(b) received a bachelor's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience;

(c) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience;

(d) received a master's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills through evaluation the required curricular content and educational standards as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience;

(e) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least two years of engineering experience; or

(f) at least six years of board-approved engineering experience after graduation from a school offering a board-approved, four-year engineering technology curriculum accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology, including the two years for engineer intern certification; or

(2) the applicant is not certified as an engineer intern and has at least one of the following:

(a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has twelve years of engineering experience subsequent to receiving the degree;

(b) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least six years of engineering experience subsequent to receiving the degree; or

(c) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least four years of engineering experience subsequent to receiving the degree.

C. Upon successfully completing the examination, required experience and all the requirements as noted in this section, the applicant shall be eligible to be licensed as a professional engineer upon action of the board.

D. An applicant may be licensed by endorsement or comity if the applicant:

(1) is currently licensed as an engineer in another state, the District of Columbia or a territory of the United States; provided that the licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required by the licensure or the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed;

(2) is currently licensed as an engineer in a foreign country and can demonstrate, to the board's satisfaction, evidence that the licensure was based on standards that equal or exceed those currently required for licensure by the Engineering and Surveying Practice Act and can satisfactorily demonstrate to the board competence in current engineering standards and procedures; or

(3) is not applying for licensure in the structural discipline but is currently licensed as an engineer in another state, the District of Columbia or a territory of the United States; provided that the applicant:

(a) has been actively licensed for the continuous ten years immediately preceding application to New Mexico;

(b) has not received any form of disciplinary action related to the practice of engineering or professional conduct from any jurisdiction within the five years preceding application to New Mexico;

(c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction; and

(d) has passed the principles and practice of engineering examination administered by the national council of examiners for engineering and surveying relevant to the discipline in which the applicant is seeking licensure.

History: 1978 Comp., § 61-23-14.1, enacted by Laws 1993, ch. 218, § 12; 1999, ch. 259, § 11; 2003, ch. 233, § 3; 2005, ch. 69, § 7; 2012, ch. 46, § 3; 2017, ch. 42, § 6; 2019, ch. 220, § 3; 2023, ch. 79, § 3.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, revised the qualifications for licensure as a professional engineer; in Subsection A, Paragraph A(1), after "reputation", added "as determined by board rules"; in Subsection B, Paragraph B(1), after "following", added "combinations of education and experience; provided that experience shall only be considered after receiving the first qualifying engineering degree", in Subparagraph B(1)(a), after "engineering experience", deleted "subsequent to receiving the degree", in Subparagraph B(1)(b), after "engineering experience", deleted "in the United States subsequent to receiving the degree", in Subparagraph B(1)(c), after "engineering experience", deleted "subsequent to receiving the degree", in Subparagraph B(1)(d), after "engineering experience", deleted "in the United States subsequent to receiving the degree", in Subparagraph B(1)(e), after "engineering experience", deleted "subsequent to receiving the degree", and in Subparagraph B(1)(f), after "accredited by the", added "engineering"; and in Subsection D, Paragraph D(3), after "is", added "not applying for licensure in the structural discipline but is", and added Subparagraph D(3)(d).

The 2019 amendment, effective June 14, 2019, provided additional grounds for reciprocity for engineers licensed in other jurisdictions; and in Subsection D, added Paragraph D(3).

The 2017 amendment, effective July 1, 2017, revised the requirements for licensure as a professional engineer; in Subsection A, in Paragraph A(2), after "experience and reputation", deleted "other than professional engineers"; and in Subsection B, in Subparagraph B(1)(a), after "recognized by the board from a", deleted "board-approved engineering curriculum" and added "program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying", after "and has", added "at least", added new Subparagraph B(1)(b) and redesignated former Subparagraph B(1)(b) as Subparagraph B(1)(c), in Subparagraph B(1)(c), after "recognized by the board from a", deleted "board-approved engineering curriculum" and added "program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying", added new Subparagraph B(1)(d) and redesignated former Subparagraphs B(1)(c) and B(1)(d) as Subparagraphs B(1)(e) and B(1)(f), in Subparagraph B(2)(a), after "recognized by the board from a", deleted "board-approved engineering curriculum" and added "program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying", and in Subparagraph B(2)(b), after "recognized by the board from a", deleted "board-approved engineering curriculum" and added "program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying".

Applicability. — Laws 2017, ch. 42, § 20 provided that the provisions of Section 61-23-14.1 NMSA 1978 apply to persons initially applying for licensure as a professional engineer on or after July 1, 2017.

The 2012 amendment, effective July 1, 2012, changed the experience requirements for licensure; in Subsection B, deleted former language which provided internship, educational, and experience requirements for licensure; deleted former Subsection B which permitted applicants to take examinations approved by the board; and added Subsection B.

The 2005 amendment, effective June 17, 2005, changed the qualification in Subsection A.(e) to require a minimum of twelve years of engineering experience subsequent to the awarding or an engineering degree; provided in Subsection B that the board approves the appropriate examination and provided in Subsection C that the applicant must successfully complete the exam, the required experience and other requirements of this section to be eligible for a license.

The 2003 amendment, effective June 20, 2003, deleted Paragraph A(2) and redesignated former Paragraph A(2) as Paragraph A(3); substituted "meets one of the following requirements:" for "either" in present Paragraph (2); redesignated former Paragraphs A(3) and A(4) as Subparagraphs A(2)(a) and A(2)(b); and inserted Paragraphs A(c) through A(e).

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; deleted "related science or" preceding "engineering technology curriculum" in Subsection A(5).

61-23-15, 61-23-16. Repealed. ANNOTATIONS

Repeals. — Laws 1993, ch. 218, § 41 repealed former 61-23-15 and 61-23-16 NMSA 1978, as enacted by Laws 1987, ch. 336, §§ 15 and 16, concerning registration as a professional surveyor and certification as a surveying intern, effective July 1, 1993. For provisions of former sections, see the 1992 NMSA 1978 on NMOneSource.com.

N.M. Stat. Ann. § 61-23-17

61-23-17. Application and examination fees. (Repealed effective July 1, 2030.)

A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references.

B. All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act. No fees shall be refundable.

C. Any application may be denied for fraud, deceit, conviction of a felony or any crime that may impede the ability of the applicant to perform professionally as determined by board rules.

History: 1987, ch. 336, § 17; 2005, ch. 69, § 8; 2012, ch. 46, § 4; 2020, ch. 6, § 48; 2023, ch. 79, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-17 NMSA 1978, as enacted Laws 1979, ch. 363, § 11, relating to general requirements for registration or certification as an engineer, effective June 19, 1987, and enacted a new section.

The 2023 amendment, effective June 16, 2023, revised the conditions for which an application for licensure under the Engineering and Surveying Practice Act may be denied; and in Subsection C, after "or any crime", deleted "involving moral turpitude" and added "that may impede the ability of the applicant to perform professionally as determined by board rules".

The 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".

The 2012 amendment, effective July 1, 2012, eliminated the concept of registration as a professional engineer and in Subsection A, in the first sentence, after "examination", deleted "registration" and added "licensure".

The 2005 amendment, effective June 17, 2005, changes "his" to "the applicant's" in Subsection A.

N.M. Stat. Ann. § 61-23-18

61-23-18. Engineering; examinations. (Repealed effective July 1, 2030.)

The examinations for engineering certification and licensure shall be held at least once a year at a time and place the board directs. The engineering committee shall determine the passing grade on examinations.

History: Laws 1987, ch. 336, § 18; 1993, ch. 218, § 13; 1999, ch. 259, § 12.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-18 NMSA 1978, as amended by Laws 1979, ch. 363, § 13, relating to application and examination fees, effective June 19, 1987, and enacted a new section.

The 1999 amendment, effective June 18, 1999, substituted "certification and licensure" for "certification and registration" in the first sentence.

The 1993 amendment, effective July 1, 1993, rewrote the section to the extent that a detailed comparison is impracticable.

N.M. Stat. Ann. § 61-23-19

61-23-19. Engineering; licenses; seals; incidental architectural work; supplemental surveying work. (Repealed effective July 1, 2030.)

A. The board shall issue licenses pursuant to the provisions of the Engineering and Surveying Practice Act. The board shall provide for the proper authentication of all documents.

B. The board shall regulate the use of seals and may approve alternative authentications to physical or electronic seals.

C. An engineer shall have the right to engage in activities properly classified as architecture insofar as it is incidental to the engineer's work as an engineer; provided that the engineer shall not make any representation as being an architect or as performing architectural services unless duly registered as such.

D. The board shall recognize that there may be occasions when professional engineers need to obtain supplemental survey information for the planning and design of an engineering project. A professional engineer who has primary engineering responsibility and control of an engineering project may perform supplemental surveying work in obtaining data incidental to that project. Supplemental surveying work may be performed by a professional engineer only on a project for which the engineer is providing engineering design services.

History: Laws 1987, ch. 336, § 19; 1993, ch. 218, § 14; 1999, ch. 259, § 13; 2012, ch. 46, § 5; 2017, ch. 42, § 7; 2019, ch. 220, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-19 NMSA 1978, as amended by Laws 1979, ch. 363, § 14, relating to examinations, effective June 19, 1987, and enacted a new section.

The 2019 amendment, effective June 14, 2019, authorized the board of licensure for professional engineers and professional surveyors to approve alternative authentications to physical or electronic seals; and in Subsection B, after "use of seals", added "and may approve alternative authentications to physical or electronic seals".

The 2017 amendment, effective July 1, 2017, provided rules for supplemental surveying work for the planning and design of an engineering project; in the catchline, changed "license" to "licenses", and added "incidental architectural work; supplemental surveying work"; and added Subsection D.

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; in the title after "Engineering", deleted "certificate" and added "license"; in Subsection A, in the first sentence, after "board shall issue", deleted "certificates of licensure" and added "licenses"; and in Subsection C, after "engineer shall not", deleted "hold himself out to be" and added "make any representation as being".

The 1999 amendment, effective June 18, 1999, substituted "certificates of licensure pursuant to" for "certificates of registration under" in Subsection A.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

N.M. Stat. Ann. § 61-23-2

The legislature declares that it is a matter of public safety, interest and concern that the practices of engineering and surveying merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practices of engineering and surveying. In order to safeguard life, health and property and to promote the public welfare, any person in either public or private capacity practicing or offering to practice engineering or surveying shall be required to submit evidence that the person is qualified to so practice and shall be licensed as provided in the Engineering and Surveying Practice Act. It is unlawful for any person to practice, offer to practice, engage in the business, act in the capacity of, advertise or use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is a professional, licensed engineer or surveyor unless that person is licensed or exempt under the provisions of the Engineering and Surveying Practice Act. A person who engages in the business or acts in the capacity of an engineer or surveyor in New Mexico, except as otherwise provided in Sections 61-23-22 and 61-23-27.10 NMSA 1978, with or without a New Mexico license, has thereby submitted to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of any provision of Chapter 61, Article 23 NMSA 1978. The practice of engineering or surveying shall be deemed a privilege granted by the board based on the qualifications of the individual as evidenced by the licensee's certificate, which shall not be transferable.

History: Laws 1987, ch. 336, § 2; 1993, ch. 218, § 2; 1999, ch. 259, § 1; 2003, ch. 233, § 1; 2017, ch. 42, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-2 NMSA 1978, as amended by Laws 1947, ch. 110, § 3, relating to right of entry on public and private property, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, made technical revisions; replaced each occurrence of "he" or "his" with "the person" or "the person’s" throughout the section, and in the fourth sentence, after "capacity of", deleted "a professional engineer or professional" and added "an engineer or".

The 2003 amendment, effective June 20, 2003, substituted "engage in the business, act in the capacity of, advertise" for "in New Mexico" in the third sentence; and added the fourth sentence pertaining to professional engineers or surveyors.

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section, and substituted "by the board" for "by the state board of registration for professional engineers and surveyors" in the last sentence.

The 1993 amendment, effective July 1, 1993, substituted "professional, licensed or registered engineer" for "professional engineer, engineer, professional surveyor" and deleted "which shall be construed in accordance with this declaration of policy" at the end of the third sentence, and added the final sentence.

Broad interpretation of licensing act violated freedom of speech. — Where respondent, who was a hydrologist and a member of the board of directors of a conservancy district, investigated the use of demolition and construction waste as rip-rap in ditches and prepared and presented a report to the board of directors criticizing the conservancy district’s use of the rip-rap to prevent erosion; respondent used a civil engineering mathematical formula to compare the conveyance capacity of ditches that had rip-rap with ditches that had sandy bottoms and asserted that the rip-rap reduced conveyance capacity, led to flooding and bank erosion that could lead to failure; respondent criticized the district’s engineer who directed the use of the rip-rap; respondent reiterated multiple times that respondent was not an engineer and insisted that the district hire a registered engineer to review respondent’s report and to address the issue; and petitioner determined that respondent had practiced engineering without a license, because respondent had applied engineering principles, equations and concepts to investigate and evaluate the flow of water in the district’s ditches, the petitioner’s broad interpretation and application of Section 61-23-23 NMSA 1978 violated respondent’s right to freedom of speech. New Mexico Bd. of Licensure v. Turner, 2013-NMCA-067, 303 P.3d 875.

N.M. Stat. Ann. § 61-23-20

61-23-20. Engineering; licensure and renewal fees; expirations. (Repealed effective July 1, 2030.)

A. Licensure shall be for a period of two years as prescribed in the rules of procedure. Initial licenses shall be issued in accordance with the board's rules.

B. The board shall establish by rule a biennial fee for professional engineers. Except as provided in Section 61-1-34 NMSA 1978, licensure renewal is accomplished upon payment of the required fee and satisfactory completion of the requirements of professional development.

C. The executive director of the board shall send a renewal notice to each licensee's last known address. Notice shall be sent at least one month in advance of the date of expiration of the license.

D. Each licensee shall have the responsibility to notify the board of any change of address within thirty days of the change.

E. Upon receipt of a renewal fee and fulfillment of other requirements, the board shall issue a licensure renewal card that shall show the name and license number of the licensee and shall state that the person named has been granted licensure to practice as a professional engineer for the biennial period.

F. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial period. A delinquent licensee may renew a license by the payment of twice the biennial renewal fee at any time before March 1, but the delinquent licensee shall not practice during this period. Should the licensee apply to renew an expired license after the March 1 deadline has elapsed, the licensee shall submit a formal application and fee as provided in Section 61-23-17 NMSA 1978. The board, in considering the reapplication, may consider the applicant's qualifications for licensure if the requirements for licensure have changed since the applicant was first licensed. The board may adopt rules for inactive and retired status.

History: Laws 1987, ch. 336, § 20; 1993, ch. 218, § 15; 1999, ch. 259, § 14; 2005, ch. 69, § 9; 2012, ch. 46, § 6; 2017, ch. 42, § 8; 2020, ch. 6, § 49; 2023, ch. 79, § 5.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-20 NMSA 1978, as amended by Laws 1979, ch. 363, § 15, relating to certificates and seals, effective June 19, 1987, and enacted a new section.

The 2023 amendment, effective June 16, 2023, allowed renewal notifications to be sent by mail or other means; and in Subsection C, substituted "sent" for "mailed".

The 2020 amendment, effective July 1, 2020, provided an exception to the license renewal fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection B, added "Except as provided in Section 61-1-34 NMSA 1978".

The 2017 amendment, effective July 1, 2017, revised certain language regarding qualifications for licensure that the board may consider; in Subsection F, after "reapplication,", deleted "need not question" and added "may consider", after "qualifications for licensure", deleted "unless" and added "if", after the next occurrence of "the", deleted "qualifications" and added "requirements for licensure", and after "changed since the", deleted "license expired" and added "applicant was first licensed".

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; established deadlines for notification of change of address and for renewal of a license by a delinquent licensee; prohibited a delinquent licensee from practicing until the license is renewed; in Subsection A, in the second sentence, after "Initial", deleted "certificates of licensure" and added "licenses"; in Subsection D, after "change of address", added "within thirty days of the change"; in Subsection F, in the first sentence, after "on or before", deleted "the last day" and added "December 31" and after "of the", added "applicable", in the second sentence, after "A", deleted "licensee, however, shall be permitted to reinstate a certificate without penalty upon payment of the required fee within sixty days of the last day of the biennial period. After expiration of this grace period, a", after "may renew a", deleted "certificate" and added "license", and after "renewal fee at any time", deleted "up to twelve months after the renewal fee became due", added "before March 1, but the delinquent licensee shall not practice during this period", and in the third sentence, after "Should the licensee", deleted "wish" and added "apply", after "renew an expired", deleted "certificate" and added "license", and after "license after the", deleted "twelve-month period" and added "March 1 deadline".

The 2005 amendment, effective June 17, 2005, provided that initial certification of licensure shall be issued in accordance with the board's rules.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; in Subsection A, deleted "regulations and" preceding "rules of procedure" in the first sentence; and added the last sentence in Subsection F.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

N.M. Stat. Ann. § 61-23-21

61-23-21. Practice of engineering. (Repealed effective July 1, 2030.)

A. No business entity shall be licensed pursuant to the Engineering and Surveying Practice Act. No business entity shall practice or offer to practice engineering in the state except as provided in the Engineering and Surveying Practice Act.

B. Professional engineers may engage in the practice of engineering and perform engineering work pursuant to the Engineering and Surveying Practice Act as individuals or through a business entity. In the case of an individual, the individual shall be a professional engineer pursuant to the Engineering and Surveying Practice Act. All plans, designs, drawings, specifications or reports that are involved in such practice, or that are issued by or for the practice, shall bear the seal and signature of the professional engineer in responsible charge of and directly responsible for the work issued. In the case of practice through a business entity that is a partnership, at least one of the partners shall be a professional engineer pursuant to the Engineering and Surveying Practice Act, and all plans, designs, drawings, specifications or reports that are involved in such practice, or that are issued by or for the partnership, shall bear the seal and signature of the professional engineer in responsible charge of and directly responsible for such work when issued. In the case of practice through a business entity other than a partnership, services or work involving the practice of engineering may be offered through that business entity; provided that the person in responsible charge of the activities of the business entity that constitute engineering practice is a professional engineer who has authority to bind such business entity by contract; and further provided that all plans, designs, drawings, specifications or reports that are involved in engineering practice, or that are issued by or for such business entity, bear the seal and signature of a professional engineer in responsible charge of and directly responsible for the work when issued.

C. An individual or business entity may not use or assume a name involving the terms "engineer", "professional engineer", "engineering", "registered" or "licensed" engineer or any modification or derivative of such terms unless that individual or business entity is qualified to practice engineering in accordance with the requirements of the Engineering and Surveying Practice Act.

D. In the case of practice through a business entity offering or providing services or work involving the practice of engineering, an authorized company officer and the professional engineer who is employed by the business entity and in responsible charge shall place on file with the board a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional engineer or authorized company officer, the affidavit shall be promptly revised and resubmitted to the board.

History: Laws 1987, ch. 336, § 21; 1993, ch. 218, § 16; 1999, ch. 259, § 15; 2017, ch. 42, § 9.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-21 NMSA 1978, as amended by Laws 1979, ch. 363, § 16, relating to registration and renewal fees and expirations, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, provided additional rules for the practice of engineering through a business entity; replaced "firm, partnership, corporation or joint stock association" with "business entity" throughout the section; in Subsection B, after "Engineering and Surveying Practice Act as individuals", deleted "partners", after "specifications or reports that are involved in such practice," added "or that are", after "In the case of practice through", added "a business entity that is a", after "specifications or reports that are involved in such practice", added "or that are", after "In the case of practice through a", deleted "joint stock association or corporation", and added "business entity other than a partnership", after "specifications or reports that are involved in engineering practice", added "or that are"; in Subsection C, after "in accordance with the requirements", deleted "in this section" and added "of the Engineering and Surveying Practice Act"; and added Subsection D.

The 1999 amendment, effective June 18, 1999, substituted "licensed pursuant to" for "registered under" in the first sentence of Subsection A, and made minor stylistic changes throughout the section.

The 1993 amendment, effective July 1, 1993, rewrote the catchline; deleted "or surveying" following "engineering" in the second sentence of Subsection A; in Subsection B, substituted "engage in the practice of engineering and perform engineering work" for "practice" in the first sentence, inserted the second and third sentences, and rewrote the last sentence; deleted former Subsection C, pertaining to professional surveyors; redesignated former Subsection D as present Subsection C; in Subsection C, inserted "individual" in two places, substituted "'registered' or 'licensed' engineer" for "'surveyor', 'professional surveyor' or 'surveying'", and deleted "or surveying" following "practice engineering"; and made minor stylistic changes throughout the section.

Qualifying as expert witness. — Even though a biomechanical engineer was not licensed as an engineer, the trial court did not abuse its discretion by qualifying him to testify as an expert witness regarding causation of temporomandibular joint injuries. Baerwald v. Flores, 1997-NMCA-002, 122 N.M. 679, 930 P.2d 816, cert. denied, 122 N.M. 589, 929 P.3d 981.

N.M. Stat. Ann. § 61-23-22

61-23-22. Engineering; exemptions. (Repealed effective July 1, 2030.)

A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of activities properly classified as engineering; provided that the architect shall not make any representation as being a professional engineer or as performing engineering services; and further provided that the architect shall perform only that part of the work for which the architect is professionally qualified and shall use qualified professional engineers or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, regulations and ordinances of the state or its political subdivisions pertaining to all documents bearing the architect's professional seal.

B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers engineering services to the public; and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer. Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 or within off-premises easements constitutes engineering services to the public and is subject to the Engineering and Surveying Practice Act.

C. A rural electric distribution cooperative shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that the cooperative's services are not offered to the public and are performed only within the legal boundaries of the property that the cooperative owns, leases, has an easement or right of way on or lawfully operates.

History: 1978 Comp., § 61-23-22, enacted by Laws 1993, ch. 218, § 17; 1998, ch. 43, § 1; 2017, ch. 42, § 10; 2023, ch. 79, § 6; 2025, ch. 41, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-32 NMSA 1978, as amended by Laws 1979, ch. 363, § 17, relating to organizations permitted to practice, effective June 19, 1987, and enacted former 61-23-22 NMSA 1978.

Laws 1993, ch. 218, § 17 repealed former 61-23-22 NMSA 1978, as enacted by Laws 1987, ch. 336, § 22, providing exemptions from the Engineering and Surveying Practice Act, and enacted a new section, effective July 1, 1993.

The 2025 amendment, effective June 20, 2025, created an exemption from the Engineering and Surveying Practice Act for rural electric distribution cooperatives; and added Subsection C.

The 2023 amendment, effective June 16, 2023, provided the condition that the engineering services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language in the section; in Subsection A, added "professional" preceding "engineer"; and in Subsection B, after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer", after "Section 61-23-26 NMSA 1978", added "or within off-premises easements", and after "to the public and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act".

The 2017 amendment, effective July 1, 2017, clarified that performing engineering services on public works projects constitutes engineering services to the public and is not exempt from the provisions of the Engineering and Surveying Practice Act; in Subsection A, after "the architect shall not", deleted "hold himself out to be" and added "make any representation as being"; and in Subsection B, after "employed by a", deleted "firm, association or corporation" and added "business entity", after "operation of the", deleted "employer’s" and added "business entity’s", after "the employee nor the", deleted "employer" and added "business entity", and added the last sentence.

The 1998 amendment, effective May 20, 1998, deleted Subsection B and redesignated Subsection C as Subsection B.

N.M. Stat. Ann. § 61-23-23.1

61-23-23.1. Authority to investigate; civil penalties for unlicensed persons; engineering. (Repealed effective July 1, 2030.)

A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a professional engineer within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional engineer or to solicit or propose to perform work involving the practice of engineering.

B. If after the hearing the board determines that based on the evidence the person committed a violation pursuant to the Engineering and Surveying Practice Act, it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to seven thousand five hundred dollars ($7,500) per violation.

C. In determining the amount of the civil penalty it imposes, the board shall consider:

(1) the seriousness of the violation;

(2) the economic benefit to the violator that was generated by the violator's commission of the violation;

(3) the violator's history of violations; and

(4) any other considerations the board deems appropriate.

D. A person aggrieved by the board's decision may appeal a decision made or an order issued pursuant to Subsection B of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.

E. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Engineering and Surveying Practice Act is a misdemeanor, and upon conviction the person shall be sentenced pursuant to Section 31-19-1 NMSA 1978. Conviction shall be grounds for further action against the person by the board and for judicial sanctions or relief, including a petition for injunction.

History: Laws 2003, ch. 233, § 4; 2012, ch. 46, § 7.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Compiler's notes. — This section was originally enacted by the legislature as 61-23-23 NMSA 1978, but it was redesignated by the compiler because of the existence of a former 61-23-23 NMSA 1978 that was repealed in 1993.

The 2012 amendment, effective July 1, 2012, provided that a valid license is required to act as an engineer or to seek work involving the practice of engineering; increased the penalty; in Subsection A, added the last sentence; and in Subsection B, after "penalty up to", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".

N.M. Stat. Ann. § 61-23-24

61-23-24. Engineering; violations; disciplinary action; penalties; reissuance of licenses. (Repealed effective July 1, 2030.)

A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may suspend, refuse to renew or revoke a license, impose a fine not to exceed seven thousand five hundred dollars ($7,500), place on probation for a specific period of time with specific conditions or reprimand any professional engineer who is found by the board to have:

(1) practiced or offered to practice engineering in New Mexico in violation of the Engineering and Surveying Practice Act;

(2) attempted to use the license of another;

(3) given false or forged evidence to the board or to a board member for obtaining a license;

(4) falsely impersonated another licensee of like or different name;

(5) attempted to use an expired, suspended or revoked license;

(6) falsely purported to be a professional engineer by claim, sign, advertisement or letterhead;

(7) violated the rules of professional responsibility for professional engineers adopted and promulgated by the board;

(8) been disciplined in another state for action that would constitute a violation of either or both the Engineering and Surveying Practice Act or the rules adopted by the board;

(9) been convicted of a felony; or

(10) procured, aided or abetted any violation of the provisions of the Engineering and Surveying Practice Act or the rules of the board.

B. Except as provided in Subsection C of Section 61-23-21 NMSA 1978, nothing in the Engineering and Surveying Practice Act shall prohibit the general use of the word "engineer", "engineered" or "engineering" so long as such words are not used in an offer to the public to perform engineering work as defined in Subsections F and H of Section 61-23-3 NMSA 1978.

C. The board may by rule establish the guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include minimum and maximum fines, periods of probation or conditions of probation or reissuance of a license.

D. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Uniform Licensing Act is a misdemeanor and shall be grounds for further action against the licensee by the board and for judicial sanctions or relief.

E. A person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against a licensed professional engineer. The charges shall be in writing and shall be sworn to by the person making the charges and filed with the executive director of the board. All charges shall be referred to the engineering committee, acting for the board. No action that would have any of the effects specified in Subsection D, E or F of Section 61-1-3 NMSA 1978 may be initiated later than two years after the discovery by the board, but in no case shall an action be brought more than ten years after the completion of the conduct that constitutes the basis for the action. All charges, unless dismissed as unfounded, trivial, resolved by reprimand or settled informally, shall be heard in accordance with the provisions of the Uniform Licensing Act by the engineering committee acting for the board or by the board.

F. Persons making charges shall not be subject to civil or criminal suits; provided that the charges are made in good faith and are not frivolous or malicious.

G. The board or a board member may initiate proceedings pursuant to the provisions of this section in accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying Practice Act shall deny the right of appeal from the decision and order of the board in accordance with the provisions of the Uniform Licensing Act.

H. The board, for reasons it deems sufficient, may reissue a license to a person whose license has been revoked or suspended if a majority of the members of the engineering committee, acting for the board, or of the board votes in favor of the reissuance. A new license bearing the original license number to replace a revoked, lost, destroyed or mutilated license may be issued subject to the rules of the board with payment of a fee.

I. A violation of any provision of the Engineering and Surveying Practice Act is a misdemeanor punishable upon conviction by a fine of not more than seven thousand five hundred dollars ($7,500) or by imprisonment of no more than one year, or both.

J. The attorney general or district attorney of the proper district or special prosecutor retained by the board shall prosecute violations of the Engineering and Surveying Practice Act by a nonlicensee.

K. The practice of engineering in violation of the provisions of the Engineering and Surveying Practice Act shall be deemed a nuisance and may be restrained and abated by injunction without bond in an action brought in the name of the state by the district attorney or on behalf of the board by the attorney general or the special prosecutor retained by the board. Action shall be brought in the county where the violation occurs.

History: 1978 Comp., § 61-23-24, enacted by Laws 1993, ch. 218, § 18; 1999, ch. 259, § 16; 2005, ch. 69, § 10; 2012, ch. 46, § 8; 2017, ch. 42, § 11; 2022, ch. 39, § 87.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-24 NMSA 1978, as amended by Laws 1979, ch. 363, § 19, relating to registration by endorsement, effective June 19, 1987, and enacted former 61-23-24 NMSA 1978.

Laws 1993, ch. 218, § 18 repealed former 61-23-24 NMSA 1978, as enacted by Laws 1987, ch. 336, § 24, concerning violations and disciplinary actions, and enacted a new section, effective July 1, 1993.

The 2022 amendment, effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the Uniform Licensing Act in disciplinary matters; and in Subsection A, added "In accordance with the Uniform Licensing Act".

The 2017 amendment, effective July 1, 2017, removed the provision related to the adoption of rules of professional responsibility for professional engineers, and revised references to Section 61-23-3 NMSA 1978; in Subsection B, after "Subsections", deleted "E" and added "F", and after the next "and", deleted "L" and added "H"; in Subsection H, after "payment of a fee", added a period and deleted "determined by the board."; and deleted Subsection I and redesignated former Subsections J through L as Subsections I through K, respectively.

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; increased the fine; eliminated requirements for the publication and amendment of rules; in the title, after "reissuance of", deleted" and added "licenses"; in Subsections A and H, substituted "license" for "certificate of licensure" throughout the sections; in Subsection A, after "not to exceed", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)"; in Subsection I, deleted former language which provided for the publication and amendment of rules of professional responsibility; and in Subsection J, after "not more than" deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".

The 2005 amendment, effective June 17, 2005, provided in Subsection I that the professional engineering committee shall adopt, revise and amend rules of professional responsibility for professional engineers.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; deleted "and regulations" following "rules" in Subsections A(8) and A(10); added the exception at the beginning of Subsection B; in Subsection E, deleted "the Uniform Licensing Act" preceding "Subsection D, E, or F" in the third sentence, and inserted "or settled informally" in the last sentence.

N.M. Stat. Ann. § 61-23-24.1

61-23-24.1. Engineering; professional development. (Repealed effective July 1, 2030.)

The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board.

History: 1978 Comp., § 61-23-24.1, enacted by Laws 1993, ch. 218, § 19.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

N.M. Stat. Ann. § 61-23-26

61-23-26. Engineering; public work. (Repealed effective July 1, 2030.)

It is unlawful for the state or any of its political subdivisions or any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer.

History: Laws 1987, ch. 336, § 26; 1993, ch. 218, § 20; 1999, ch. 259, § 17; 2017, ch. 42, § 12.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-26 NMSA 1978, as amended by Laws 1979, ch. 363, § 21, relating to violations and penalties, effective June 19, 1987, and enacted a new section.

The 2017 amendment, effective July 1, 2017, removed the provision requiring professional surveying to be executed under the charge of a licensed professional surveyor, and removed provisions exempting certain public works projects; in the catchline, added "Engineering"; deleted the subsection designation "A.", after "political subdivisions", added "or any person", after "involving engineering unless the", deleted "plans and specifications involving", after "engineering", deleted "have been prepared by and are" and added "is", and after "under the responsible charge of a licensed professional engineer", deleted the remainder of the paragraph, which provided an exemption for certain public works projects; and deleted Subsection B, which provided an exemption for certain construction surveys of engineering and architectural public works projects from the Engineering and Surveying Practice Act.

The 1999 amendment, effective June 18, 1999, deleted "Engineering" at the beginning of the section heading, and substituted "licensed" for "registered" twice in Subsection A.

The 1993 amendment, effective July 1, 1993, deleted former Subsection A, pertaining to adoption of rules governing the practice of engineering and surveying in public works project; redesignated former Subsections B and C as present Subsections A and B; deleted "professional" preceding "engineering" in two places in Subsection A; and made a minor stylistic change in Subsection A.

N.M. Stat. Ann. § 61-23-27

61-23-27. Engineering; public officer; licensure required. (Repealed effective July 1, 2030.)

No person except a licensed professional engineer shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that includes the performance or responsible charge of engineering work.

History: Laws 1987, ch. 336, § 27; 1993, ch. 218, § 21; 1999, ch. 259, § 18.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-27 NMSA 1978, as amended by Laws 1979, ch. 363, § 22, relating to injunctions, effective June 19, 1987, and enacted a new section.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" in the section heading, and "licensed" for "registered" in the section.

The 1993 amendment, effective July 1, 1993, added "Engineering" at the beginning of the catchline, deleted "or professional surveyor, whichever is applicable" following "professional engineer", substituted "that includes" for "which requires", and deleted "or surveying work" at the end of the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63C Public Officers and Employees § 50 to 52.

67 C.J.S. Officers and Public Employees § 34.

61-23-27.1, 61-23-27.2. Repealed. ANNOTATIONS

Repeals. — Laws 1999, ch. 259, § 35 repealed 61-23-27.1 and 61-23-27.2 NMSA 1978, as enacted by Laws 1993, ch. 218, §§ 22 and 23, relating to certification of surveyor interns and registration of professional surveyors, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

N.M. Stat. Ann. § 61-23-27.10

61-23-27.10. Surveying exemptions. (Repealed effective July 1, 2030.)

A surveyor employed by a business entity who performs only the surveying services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers surveying services to the public; and provided further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor; and provided further that the surveying services performed do not include any determination, description, portraying, measuring or monumentation of the boundaries of a tract of land. Performance of surveying on public works projects pursuant to Section 61-23-27.13 NMSA 1978 or within off-premises easements constitutes work within a public space and is subject to the Engineering and Surveying Practice Act.

History: 1978 Comp., § 61-23-27.10, enacted by Laws 1993, ch. 218, § 31; 1999, ch. 259, § 26; 2017, ch. 42, § 15; 2023, ch. 79, § 11.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, provided the condition that the surveying services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language; deleted "An employee of" and added "A surveyor employed by", after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor", after "Section 61-23-27.13 NMSA 1978", added "or within off-premises easements", and after "public space and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act".

The 2017 amendment, effective July 1, 2017, clarified that the performance of surveying on public works projects is not exempt from the Engineering and Surveying Practice Act; after "An employee of a", deleted "firm, association or corporation" and added "business entity", after "involved in the operation of the", deleted "employer’s" and added "business entity’s", after "the employee nor the", deleted "employer" and added "business entity", after "and provided", added "further", and added the last sentence.

The 1999 amendment, effective June 18, 1999, deleted the former subsection designations; deleted former Subsection A, which read "Officers and employees of the government of the United States engaged within New Mexico in the practice of surveying for the government, provided that they offer no surveying services to the public, and further provided that services do not affect the public, shall be exempt from the Engineering and Surveying Practice Act"; substituted "An employee of a firm" for "A surveyor employed by the firm" at the beginning of the section; and added the second proviso at the end of the section.

N.M. Stat. Ann. § 61-23-27.11

61-23-27.11. Surveying; violations; disciplinary actions; penalties; reissuance of licenses. (Repealed effective July 1, 2030.)

A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may suspend, refuse to renew or revoke the license, impose a fine not to exceed seven thousand five hundred dollars ($7,500), place on probation for a specific period of time with specific conditions or reprimand a professional surveyor who is found by the board to have:

(1) practiced or offered to practice surveying in New Mexico in violation of the Engineering and Surveying Practice Act;

(2) attempted to use the license of another;

(3) given false or forged evidence to the board or to a board member for obtaining a license;

(4) falsely impersonated another licensee of like or different name;

(5) attempted to use an expired, suspended or revoked license;

(6) falsely purported to be a professional surveyor by claim, sign, advertisement or letterhead;

(7) violated the rules of professional responsibility for professional surveyors adopted and promulgated by the board;

(8) been disciplined in another state for action that would constitute a violation of either or both the Engineering and Surveying Practice Act or the rules adopted by the board pursuant to the Engineering and Surveying Practice Act;

(9) been convicted of a felony; or

(10) procured, aided or abetted any violation of the provisions of the Engineering and Surveying Practice Act or the rules adopted by the board.

B. The board may by rule and in accordance with the Uniform Licensing Act establish the guidelines for the disposition of disciplinary cases involving specific types of violations. Guidelines may include minimum and maximum fines, periods of probation or conditions of probation or reissuance of a license.

C. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Uniform Licensing Act is a misdemeanor and shall be grounds for further action against the licensee by the board and for judicial sanctions or relief.

D. A person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against a professional surveyor. Such charges shall be in writing, shall be sworn to by the person making them and shall be filed with the executive director of the board. No action that would have any of the effects specified in Subsection D, E or F of Section 61-1-3 NMSA 1978 may be initiated later than two years after the discovery by the board, but in no case shall such an action be brought more than ten years after the completion of the conduct that constitutes the basis for the action. All charges shall be referred to the professional surveying committee, acting for the board, or to the board. All charges, unless dismissed as unfounded, trivial, resolved by reprimand or settled informally, shall be heard in accordance with the provisions of the Uniform Licensing Act by the surveying committee, acting for the board, or by the board.

E. Persons making charges shall not be subject to civil or criminal suits if the charges are made in good faith and are not frivolous or malicious.

F. The board or a board member may initiate proceedings pursuant to the provisions of this section in accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying Practice Act shall deny the right of appeal from the decision and order of the board in accordance with the provisions of the Uniform Licensing Act.

G. The board, for reasons it deems sufficient, may reissue a license to a person whose license has been revoked or suspended; provided that a majority of the members of the surveying committee, acting for the board, or of the board votes in favor of reissuance. A new license bearing the original license number to replace a revoked, lost, destroyed or mutilated license may be issued subject to the rules of the board with payment of a fee determined by the board.

H. A violation of any provision of the Engineering and Surveying Practice Act is a misdemeanor punishable upon conviction by a fine of not more than seven thousand five hundred dollars ($7,500) or by imprisonment of no more than one year, or both.

I. The attorney general or district attorney of the proper district or special prosecutor retained by the board shall prosecute violations of the Engineering and Surveying Practice Act by a nonlicensee.

J. The practice of surveying in violation of the provisions of the Engineering and Surveying Practice Act shall be deemed a nuisance and may be restrained and abated by injunction without bond in an action brought in the name of the state by the district attorney or on behalf of the board by the attorney general or the special prosecutor retained by the board. Action shall be brought in the county in which the violation occurs.

History: 1978 Comp., § 61-23-27.11, enacted by Laws 1993, ch. 218, § 32; 1999, ch. 259, § 27; 2005, ch. 69, § 14; 2012, ch. 46, § 13; 2017, ch. 42, § 16; 2022, ch. 39, § 88.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2022 amendment, effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the Uniform Licensing Act in disciplinary matters; in Subsection A, added "In accordance with the Uniform Licensing Act"; and in Subsection B, after "The board may by rule", added "and in accordance with the Uniform Licensing Act".

The 2017 amendment, effective July 1, 2017, removed the provision requiring the professional surveying committee to prepare and adopt rules of professional responsibility for professional surveyors; in Subsection D, after "misconduct against a", deleted "licensee" and added "professional surveyor", and after "Uniform Licensing Act by the", deleted "professional"; in Subsection G, after "a majority of the members of the", deleted "professional"; and deleted Subsection H and redesignated former Subsections I through K as Subsections H through J, respectively.

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; increased the fine; eliminated requirements for the publication and amendment of rules; in the title, after "reissuance of", deleted "certificates" and added "licenses"; in Subsections A and G, substituted "license" for "certificate of licensure" throughout the sections; in Subsection A, after "not to exceed", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)"; in Subsection H, deleted former language which provided for the publication and amendment of rules of professional responsibility; and in Subsection I, after "not more than", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".

The 2005 amendment, effective June 17, 2005, provided in Subsection H that the professional surveying committee shall adopt, revise and amend rules of professional responsibility for the professional surveyors.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes throughout the section; inserted "or settled informally" in the last sentence of Subsection D; and made minor stylistic changes throughout the section.

N.M. Stat. Ann. § 61-23-27.13

61-23-27.13 NMSA 1978 or within off-premises easements constitutes work within a public space and is subject to the Engineering and Surveying Practice Act.

History: 1978 Comp., § 61-23-27.10, enacted by Laws 1993, ch. 218, § 31; 1999, ch. 259, § 26; 2017, ch. 42, § 15; 2023, ch. 79, § 11.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, provided the condition that the surveying services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language; deleted "An employee of" and added "A surveyor employed by", after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor", after "Section 61-23-27.13 NMSA 1978", added "or within off-premises easements", and after "public space and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act".

The 2017 amendment, effective July 1, 2017, clarified that the performance of surveying on public works projects is not exempt from the Engineering and Surveying Practice Act; after "An employee of a", deleted "firm, association or corporation" and added "business entity", after "involved in the operation of the", deleted "employer’s" and added "business entity’s", after "the employee nor the", deleted "employer" and added "business entity", after "and provided", added "further", and added the last sentence.

The 1999 amendment, effective June 18, 1999, deleted the former subsection designations; deleted former Subsection A, which read "Officers and employees of the government of the United States engaged within New Mexico in the practice of surveying for the government, provided that they offer no surveying services to the public, and further provided that services do not affect the public, shall be exempt from the Engineering and Surveying Practice Act"; substituted "An employee of a firm" for "A surveyor employed by the firm" at the beginning of the section; and added the second proviso at the end of the section.

N.M. Stat. Ann. § 61-23-27.15

61-23-27.15. Authority to investigate; civil penalties for unlicensed persons; surveying. (Repealed effective July 1, 2030.)

A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a professional surveyor within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional surveyor or to solicit or purport to perform work involving the practice of surveying.

B. If after the hearing the board determines that based on the evidence the person committed a violation under the Engineering and Surveying Practice Act, it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to seven thousand five hundred dollars ($7,500) per violation.

C. In determining the amount of the civil penalty it imposes, the board shall consider:

(1) the seriousness of the violation;

(2) the economic benefit to the violator that was generated by the violator's commission of the violation;

(3) the violator's history of violations; and

(4) any other considerations the board deems appropriate.

D. A person aggrieved may appeal a decision made or an order issued pursuant to Subsection B of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.

E. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Engineering and Surveying Practice Act is a misdemeanor and upon conviction the person shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Conviction shall be grounds for further action against the person by the board and for judicial sanctions or relief, including a petition for injunction.

History: Laws 2003, ch. 233, § 5; 2012, ch. 46, § 14.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2012 amendment, effective July 1, 2012, provided that a valid license is required to act as an surveyor or to seek work involving the practice of surveying; increased the penalty; in Subsection A, added the last sentence; and in Subsection B, after "penalty up to", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".

N.M. Stat. Ann. § 61-23-27.4

61-23-27.4. Licensure as a professional surveyor; general requirements. (Repealed effective July 1, 2030.)

A. Licensure as a professional surveyor may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application to demonstrate that the applicant:

(1) is of good moral character and reputation as determined by board rules;

(2) is certified as a surveyor intern;

(3) has at least four years of board-approved surveying experience if graduated from a four-year, board-approved surveying curriculum as defined by board rule;

(4) has five references, three of which shall be from licensed professional surveyors having personal knowledge of the applicant's surveying experience; and

(5) if graduated from a board-approved, four-year related science curriculum as specifically defined by board rules, has a minimum of four years of board-approved surveying experience subsequent to certification as a surveyor intern.

B. The applicant's experience pursuant to Paragraphs (3) and (5) of Subsection A of this section shall, at a minimum, include three years of increasingly responsible experience in boundary surveying and four years of increasingly responsible experience under the direct supervision of a licensed professional surveyor.

C. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for licensure as a professional surveyor.

D. Upon successfully completing the examination, the applicant shall be eligible to be licensed as a professional surveyor upon action of the board.

E. If otherwise qualified, an applicant may be licensed if the applicant is currently licensed as a professional surveyor in:

(1) another state, the District of Columbia or a territory of the United States; provided that:

(a) licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required for licensure and the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed; and

(b) the applicant has passed examinations the board deems necessary to determine the applicant's qualifications, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in this state;

(2) another state, the District of Columbia or a territory of the United States; and provided further that the applicant:

(a) has been actively licensed for the continuous fifteen years immediately preceding application to New Mexico;

(b) has not received any form of disciplinary action related to the practice of surveying or professional conduct from any jurisdiction within the five years preceding application to New Mexico;

(c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction; and

(d) has passed examinations the board deems necessary to determine the applicant's qualifications, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in New Mexico; or

(3) a foreign country and can demonstrate to the board's satisfaction:

(a) evidence that the licensure was based on standards that equal or exceed those currently required for licensure by the Engineering and Surveying Practice Act; and

(b) competence in current surveying standards and procedures by passing examinations the board deems necessary to determine the applicant's qualification, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in New Mexico.

History: 1978 Comp., § 61-23-27.4, enacted by Laws 1993, ch. 218, § 25; 1999, ch. 259, § 20; 2005, ch. 69, § 11; 2012, ch. 46, § 10; 2023, ch. 79, § 8.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, provided additional comity provisions for licensure as a professional surveyor, and clarified language; in Subsection A, Paragraph A(1), after "reputation", added "as determined by board rules"; and in Subsection E, added a new Paragraph E(2) and redesignated former Paragraph E(2) as Paragraph E(3).

The 2012 amendment, effective July 1, 2012, changed the experience requirements for licensure; in Subsection A, in Paragraph (3), after "board approved surveying curriculum", deleted "or has a minimum of eight years of board-approved surveying experience, including the four years of experience required for surveying intern certification, if graduated from a four-year, board-approved related science curriculum; and" and added "as defined by board rule", and added Paragraph (5); in Subsection B, after "experience pursuant to", deleted "Paragraph" and added "Paragraphs", and after "Paragraphs (3)", added "and (5)".

The 2005 amendment, effective June 17, 2005, required the applicant to demonstrate at least four years of board-approved surveying experience if the applicant has graduated from a four year, board approved curriculum or has a minimum of eight years of board-approved surveying experience, including the four years of experience required for surveying intern certification.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes in the section heading and throughout the section; deleted "effective July 1, 1995" at the end of the section heading and at the beginning of Subsection A; in Subsection A(3), substituted the language beginning "if graduated from a four-year" for "after graduation; and"; and inserted "pursuant to Paragraph (3) of Subsection A of this section" in Subsection B.

N.M. Stat. Ann. § 61-23-27.5

61-23-27.5. Surveying; application and examination fees. (Repealed effective July 1, 2030.)

A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references.

B. All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act. Fees shall not be refundable.

C. Any application may be denied for fraud, deceit, conviction of a felony or for any crime that may impede the ability of the applicant to perform professionally as determined by board rules.

History: 1978 Comp., § 61-23-27.5, enacted by Laws 1993, ch. 218, § 26; 1999, ch. 259, § 21; 2017, ch. 42, § 13; 2020, ch. 6, § 50; 2023, ch. 79, § 9.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, provided that any application for licensure may be denied for any crime that may impede the ability of the applicant to perform professionally as determined by board rules; and in Subsection C, after "any crime", deleted "involving moral turpitude" and added "that may impede the ability of the applicant to perform professionally as determined by board rules".

The 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".

The 2017 amendment, effective July 1, 2017, in Subsection A, after "a detailed summary of", deleted "his" and added "the applicant’s".

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" in the first sentence of Subsection A.

N.M. Stat. Ann. § 61-23-27.7

61-23-27.7. Surveying; licensure and renewal fees; expirations. (Repealed effective July 1, 2030.)

A. Licensure for surveyors shall be for a period of two years as prescribed in the rules of procedure. Initial certificates of licensure shall be issued to coincide with the biennial period. Initial licenses shall be issued in accordance with the board's rules.

B. The board shall establish by rule a biennial fee for professional surveyors. Except as provided in Section 61-1-34 NMSA 1978, renewal shall be granted upon payment of the required fee and satisfactory completion of the requirements of professional development.

C. The executive director of the board shall send a renewal notice to each licensee's last known address. Notice shall be sent at least one month in advance of the date of expiration of the license.

D. It shall be the responsibility of the licensee to notify the board of any change of address and to keep the license current.

E. Upon receipt of a renewal fee and fulfillment of other requirements, the board shall issue a licensure renewal card that shall show the name and license number of the licensee and shall state that the person named has been granted licensure to practice as a professional surveyor for the biennial period.

F. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial period. A delinquent licensee may renew a license by the payment of twice the biennial renewal fee at any time before March 1, but the delinquent licensee shall not practice during this period. Should the licensee wish to renew an expired license after the March 1 deadline has elapsed, the licensee shall submit a formal application as provided in Section 61-23-27.4 NMSA 1978. The board, in considering the reapplication, need not question the applicant's qualifications for licensure unless the qualifications have changed since the license expired.

History: 1978 Comp., § 61-23-27.7, enacted by Laws 1993, ch. 218, § 28; 1999, ch. 259, § 23; 2005, ch. 69, § 12; 2012, ch. 46, § 11; 2020, ch. 6, § 51; 2023, ch. 79, § 10.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2023 amendment, effective June 16, 2023, allowed renewal notifications to be sent by mail or other means; and in Subsection C, substituted "sent" for "mailed".

The 2020 amendment, effective July 1, 2020, provided an exception to the license renewal fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection B, added "Except as provided in Section 61-1-34 NMSA 1978".

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; established a deadline for renewal of a license by a delinquent licensee; prohibited a delinquent licensee from practicing until the license is renewed; in Subsections A, D and F, substituted "license" for "certificate of licensure" throughout the sections; in Subsection A, in the first sentence, after "Licensure" added "for surveyors"; in Subsection F, in the first sentence, after "on or before", deleted "the last day" and added "December 31" and after "of the", added "applicable", in the second sentence, after "A", deleted "licensee, however, shall be permitted to reinstate a certificate without penalty upon payment of the required fee within sixty days of the last day of the biennial period. After expiration of this grace period, a", after "may renew a", deleted "certificate" and added "license", and after "renewal fee at any time", deleted "up to twelve months after the renewal fee became due", added "before March 1, but the delinquent licensee shall not practice during this period", and in the third sentence, after "renew an expired", deleted "certificate" and added "license", and after "license after the", deleted "twelve-month period" and added "March 1 deadline".

The 2005 amendment, effective June 17, 2005, provided that initial certificates of licensure shall be issued in accordance with the board's rules.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and made similar changes in the section heading and throughout the section; substituted "as provided in Section 61-23-27.4 NMSA 1978" for "as provided in Section 61-23-27.2 NMSA 1978 or, if after July 1, 1995 as provided in Section 61-23-27.4 NMSA 1978 of the Engineering and Surveying Practice Act" in the next-to-last sentence of Subsection F; and made minor stylistic changes throughout the section.

N.M. Stat. Ann. § 61-23-27.8

61-23-27.8. Surveying licenses and seals. (Repealed effective July 1, 2030.)

A. The board shall issue surveying licenses pursuant to the Engineering and Surveying Practice Act. The board shall provide for the proper authentication of all documents.

B. The board shall regulate the use of seals and may approve alternative authentications to physical or electronic seals.

History: 1978 Comp., § 61-23-27.8, enacted by Laws 1993, ch. 218, § 29; 1999, ch. 259, § 24; 2012, ch. 46, § 12; 2019, ch. 220, § 6.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2019 amendment, effective June 14, 2019, authorized the board of licensure for professional engineers and professional surveyors to approve alternative authentications to physical or electronic seals; and in Subsection B, after "use of seals", added "and may approve alternative authentications to physical or electronic seals".

The 2012 amendment, effective July 1, 2012, eliminated the issuance of certificates of licensure; in the title, after "Surveying", deleted "certificates" and added "licenses"; and in Subsection A, in the first sentence, after "shall issue", deleted "certificates of licensure" and added "surveying licenses".

The 1999 amendment, effective June 18, 1999, substituted "licensure pursuant to" for "registration under" in the first sentence of Subsection A.

N.M. Stat. Ann. § 61-23-27.9

61-23-27.9. Surveying; practice of surveying; mandatory disclosure. (Repealed effective July 1, 2030.)

A. No business entity shall be licensed pursuant to the Engineering and Surveying Practice Act. No business entity shall practice or offer to practice surveying in the state except as provided in the Engineering and Surveying Practice Act.

B. Professional surveyors may engage in the practice of surveying and perform surveying work pursuant to the Engineering and Surveying Practice Act as individuals or through a business entity. In the case of an individual, the individual shall be a professional surveyor pursuant to the Engineering and Surveying Practice Act. All plats, drawings and reports that are involved in the practice, or that are issued by or for the practice, shall bear the seal and signature of a professional surveyor in responsible charge of and directly responsible for the work issued. In the case of practice through a business entity that is a partnership, at least one of the partners shall be a professional surveyor pursuant to the Engineering and Surveying Practice Act. In the case of a single professional surveyor partner, all drawings or reports issued by or for the partnership shall bear the seal of the professional surveyor partner who shall be responsible for the work. In the case of practice through a business entity other than a partnership, services or work involving the practice of surveying may be offered through the business entity; provided the person in responsible charge of the activities of the business entity that constitute the practice of surveying is a professional surveyor who has authority to bind the business entity by contract; and further provided that all drawings or reports that are involved in such practice, or that are issued by or for the business entity, bear the seal and signature of a professional surveyor in responsible charge of and directly responsible for the work when issued.

C. In the case of practice through a business entity offering or providing services or work involving the practice of surveying, an authorized company officer and the professional surveyor who is employed by the business entity and in responsible charge shall place on file with the board a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional surveyor or authorized company officer, the affidavit shall be promptly revised and resubmitted to the board.

D. An individual or business entity may not use or assume a name involving the terms "surveyor", "professional surveyor" or "surveying" or any modification or derivative of those terms unless that individual or business entity is qualified to practice surveying in accordance with the requirements of the Engineering and Surveying Practice Act.

E. For all contracts and agreements for professional surveying services, the surveying services contractor shall provide a written statement indicating:

(1) the minimum terms and conditions of professional liability insurance coverage, including limits and exceptions; or

(2) the absence of professional liability insurance coverage.

History: 1978 Comp., § 61-23-27.9, enacted by Laws 1993, ch. 218, § 30; 1999, ch. 259, § 25; 2005, ch. 69, § 13; 2017, ch. 42, § 14.

N.M. Stat. Ann. § 61-23-3

As used in the Engineering and Surveying Practice Act:

A.  "approved" means acceptable to the board;

B.  "authorized company officer" means an employee of a business entity duly authorized by the business entity to contractually obligate the business entity;

C.  "board" means the state board of licensure for professional engineers and professional surveyors;

D.  "business entity" means a corporation, professional corporation, limited liability corporation, professional limited liability corporation, general partnership, limited partnership, limited liability partnership, professional limited liability partnership, a joint stock association or any other form of business, whether or not for profit;

E.  "conviction" means a final adjudication of guilt, whether pursuant to a plea of nolo contendere or otherwise and whether or not the sentence is deferred or suspended;

F.   "engineer" means a person who has completed engineering education and has training and experience in the application of engineering principles and the interpretation of engineering data;

G.  "engineering accreditation commission" means the engineering accreditation commission of the accreditation board for engineering and technology, incorporated, or any successor commission or organization;

H.  "engineering" or "practice of engineering" means any creative or engineering work that requires engineering education, training and experience in the application of engineering principles and the interpretation of engineering data to such creative work as consultation, investigation, forensic investigation, evaluation, planning and design of engineering works and systems, expert technical testimony, engineering studies and the review of construction for the purpose of ensuring substantial compliance with drawings and specifications; any of which embrace such creative work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, chemical, pneumatic, environmental or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of engineering work.  The "practice of engineering" may include the use of photogrammetric methods to derive topographical and other data.  The "practice of engineering" does not include responsibility for the supervision of construction, site conditions, operations, equipment, personnel or the maintenance of safety in the workplace;

I.    "engineering committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of engineering, including the promulgation and adoption of rules of professional responsibility for professional engineers exclusive to the practice of engineering;

J.   "engineer intern" means a person who has qualified for, taken and passed an examination in fundamental engineering subjects;

K.  "fund" means the professional engineers' and surveyors' fund;

L.   "incidental practice" means the performance of other professional services that are related to a licensee's work as an engineer;

M.  "person" means an individual or business entity;

N.  "professional development" means education by a licensee in order to maintain, improve or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge to maintain licensure;

O.  "professional engineer", "consulting engineer", "licensed engineer" or "registered engineer" means a person who has been licensed as a professional engineer by the board;

P.  "responsible charge" means responsibility for the direction, control and supervision of engineering or surveying work, as the case may be, to ensure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in that profession, and by sealing or signing the documents, the professional engineer or professional surveyor accepts responsibility for the engineering or surveying work, respectively, represented by the documents and that applicable engineering or surveying standards have been met;

Q.  "surveying" or "practice of surveying" means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for:

(1)       the measuring and locating of lines, angles, elevations and natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose of defining location, areas and volumes;

(2)       the monumenting of property boundaries and for the platting and layout of lands and subdivisions;

(3)       the application of photogrammetric methods used to derive topographic and other data;

(4)       the establishment of horizontal and vertical controls that will be the basis for all geospatial data used for future design surveys, including construction staking surveys, surveys to lay out horizontal and vertical alignments, topographic surveys, control surveys for aerial photography for the collection of topographic and planimetric data using photogrammetric methods and construction surveys of engineering and architectural public works projects;

(5)       the preparation and perpetuation of maps, records, plats, field notes, easements and property descriptions; and

(6)       the depiction and transmittal by paper or digital means of any digital geospatial data for use in geographic information systems or land information systems that purports to be the authoritative location of points or features of a survey regulated by the Engineering and Surveying Practice Act, but excludes data used solely for a cadastre, such as assessment and tax mapping purposes, or general representations of surveyed or historic data used for mapping purposes, such as land parcels and built infrastructure;

R.  "surveying committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of surveying, including the promulgation and adoption of rules of professional responsibility for professional surveyors exclusive to the practice of surveying;

S.  "surveyor", "professional surveyor", "licensed surveyor" or "registered surveyor" means a person who is licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property;

T.   "surveyor intern" means a person who is certified as a surveyor intern by the board and who has qualified for, taken and passed an examination in the fundamentals of surveying subjects;

U.  "surveying work" means the work performed in the practice of surveying; and

V.  "supplemental surveying work" means surveying work performed in order to densify, augment and enhance previously performed survey work or site information but excludes the surveying of real property for the establishment of land boundaries, rights of way and easements and the dependent or independent surveys or resurveys of the public land system.

History: Laws 1987, ch. 336, § 3; 1993, ch. 218, § 3; 1999, ch. 259, § 2; 2003, ch. 233, § 2; 2005, ch. 69, § 1; 2012, ch. 46, § 1; 2017, ch. 42, § 2; 2023, ch. 79, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-3 NMSA 1978, as enacted by Laws 1933, ch. 130, § 3, relating to violation of reference mark and entry provisions, effective June 19, 1987, and enacted a new section.

The 2023 amendment, effective June 16, 2023, revised the definition of "engineer," "engineering," "person," "surveyor," and "surveyor intern," and defined "professional engineer"; in Subsection F, after "'engineer'", deleted "'professional engineer', 'consulting engineer', 'licensed engineer' or 'registered engineer'", after "means a person who", deleted "is qualified to practice engineering by reason of the person's intensive preparation and knowledge in the use of mathematics, chemistry, physics and engineering sciences, including the principles and methods of engineering analysis and design acquired by professional education and engineering experience, and who is licensed by the board to practice engineering" and added "has completed engineering education and has training and experience in the application of engineering principles and the interpretation of engineering data"; in Subsection H, after "the application of", deleted "special knowledge of the mathematical, physical and engineering sciences" and added "engineering principles and the interpretation of engineering data"; in Subsection M, after "individual", deleted "corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or a legal or commercial entity" and added "or business entity"; added a new Subsection O and redesignated former Subsections O through U as Subsections P through V, respectively; in Subsection S, after "a person who is", deleted "qualified to practice surveying by reason of the person's intensive preparation and knowledge in the use of mathematics, physical and applied sciences and surveying, including the principles and methods of surveying acquired by education and experience and who is licensed by the board to practice surveying" and added "licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property"; and in Subsection T, after "a person who", added "is certified as a surveyor intern by the board and who".

The 2017 amendment, effective July 1, 2017, defined "authorized company officer", "business entity" and "engineering accreditation commission", and revised the definition of "engineer" as used in the Engineering and Surveying Practice Act; added a new Subsection B and redesignated former Subsection B as Subsection C; added a new Subsection D and redesignated former Subsections C and D as Subsections E and F, respectively; in Subsection F, after "‘engineer’", added "‘professional engineer’, ‘consulting engineer’, ‘licensed engineer’ or ‘registered engineer’", and after "engineering experience", added "and who is licensed by the board to practice engineering"; added a new Subsection G and redesignated former Subsections E through K as Subsections H through N, respectively; deleted former Subsection L and redesignated former Subsections M through S as Subsections O through U, respectively; in Subsection P, Paragraph P(5), after "field notes", added "easements" and added Paragraph P(6); in Subsection R, after "‘surveyor’", deleted "or", and after "‘professional surveyor’", added "‘licensed surveyor’ or ‘registered surveyor’"; and in Subsection U, deleted the last three sentences, which related to supplemental surveying work for the planning and design of an engineering project.

The 2012 amendment, effective July 1, 2012, defined "professional development" as the education to maintain licensure and in Subsection K, after "relevant skills and knowledge", added "to maintain licensure".

The 2005 amendment, effective June 17, 2005, added the promulgation and adoption of rules of professional responsibility for professional engineers as a function of the engineering committee in Subsection F; changed the definition of "surveying" in Subsection N to include the establishment of controls that will be the basis for all geospatial data used for future design surveys; added the promulgation and adoption of rules of professional responsibility for professional surveyors as a function of the surveying committee in subsection, added a definition of "supplemental surveying work" in Subsection S and permitted professional engineers to perform supplemental surveys in certain circumstances.

The 2003 amendment, effective June 20, 2003, inserted Subsection J, and redesignated the remaining subsections accordingly.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration", "licensee" for "registrant", and made similar substitutions throughout the section; added the next-to last sentence in Subsection E; added Subsection H, and redesignated subsequent subsections accordingly; and in the undesignated paragraph at the end of the section, deleted the former last sentence, which read "A registered professional engineer may apply photogrammetric methods to derive topographic and other date", and added the last two sentences.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

N.M. Stat. Ann. § 61-23-30

The engineers and surveyors of the United States and licensed professional engineers and surveyors of the state shall have the right to enter upon the lands and waters of the state and of private persons and of private and public corporations within the state for the purpose of making surveys, inspections, examinations and maps, subject to responsibility for actual damage to crops or other property or for injuries resulting from negligence or malice caused on account of that entry.

History: Laws 1987, ch. 336, § 30; 1999, ch. 259, § 31.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-30 NMSA 1978, as amended by Laws 1983, ch. 111, § 2, relating to termination of agency life and delayed repeal, effective June 19, 1987, and enacted a new section.

The 1999 amendment, effective June 18, 1999, substituted "licensed professional" for "registered professional".

Compiler's notes. — Laws 1987, ch. 333, § 10 purported to amend former 61-23-30 NMSA 1978, as amended by Laws 1981, ch. 241, § 31, relating to termination of agency life, but was not given effect due to the repeal and reenactment by Laws 1987, ch. 336, § 30.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 75 Am. Jur. 2d Trepass § 103, 104.

87 C.J.S. Trespass §§ 52 to 54.

N.M. Stat. Ann. § 61-23-31

Any person holding a valid license as a professional engineer, professional surveyor, professional engineer and surveyor or certification as an engineer intern or surveyor intern granted by the board pursuant to any prior law of New Mexico shall not be required to make a new application or to submit to an examination, but shall be entitled to the renewal of licensure upon the terms and conditions of the Engineering and Surveying Practice Act.

History: Laws 1987, ch. 336, § 31; 1993, ch. 218, § 37; 1999, ch. 259, § 32.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 1999 amendment, effective June 18, 1999, substituted "valid license" for "valid registration" and "renewal of licensure" for "renewal of such registration".

The 1993 amendment, effective July 1, 1993, substituted "professional surveyor, professional engineer and surveyor or certification as an engineer intern, or surveyor intern" for "professional land surveyor, land surveyor or professional engineer and land surveyor or certification as an engineering intern, engineer-in-training or land surveying intern".

N.M. Stat. Ann. § 61-23-31.1

61-23-31.1. Good samaritan. (Repealed effective July 1, 2030.)

A. A professional engineer or professional surveyor who voluntarily, without compensation, at the request of a state or local public official acting in an official capacity, provides aircraft structure, structural, aeronautical, electrical, mechanical, other engineering services or surveying at the scene of a declared national, state or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, flood, collapse or other similar disaster or catastrophic event, such as a terrorist act, shall not be liable for any personal injury, wrongful death, property damage or other loss caused by the engineer's or surveyor's acts, errors or omissions in the performance of any surveying or engineering services for any structure, building, piping or other engineered system, publicly or governmentally owned.

B. The immunity provided shall apply only to a voluntary engineering or surveying service that occurs within thirty days of the emergency, disaster or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers. Nothing in this section shall provide immunity for wanton, willful or intentional misconduct.

History: 1978 Comp., § 61-23-31.1, enacted by Laws 1993, ch. 218, § 38; 2005, ch. 69, § 15.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2005 amendment, effective June 17, 2005, adds aircraft structure and aeronautical services to the list of services that professional engineers and professional surveyors may provide without incurring liability and includes terrorists acts as catastrophic events.

N.M. Stat. Ann. § 61-23-32

The state board of licensure for professional engineers and professional surveyors is terminated on July 1, 2029 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978].  The board shall continue to operate according to the provisions of the Engineering and Surveying Practice Act until July 1, 2030.  Effective July 1, 2030, the Engineering and Surveying Practice Act is repealed.

History: Laws 1987, ch. 336, § 32; 1993, ch. 218, § 39; 1999, ch. 259, § 33; 2005, ch. 208, § 16; 2011, ch. 30, § 5; 2012, ch. 46, § 16; 2017, ch. 42, § 19; 2017, ch. 52, § 7; 2023, ch. 15, § 3; 2023, ch. 79, § 12.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, extended the termination date of the state board of licensure for professional engineers and professional surveyors; changed "July 1, "2023" to "July 1, 2029", and changed "July 1, 2024", to "July 1, 2030".

Laws 2023, ch. 15, § 3 and Laws 2023, ch. 79, § 12, both effective June 16, 2023, enacted identical amendments to this section.  The section was set out as amended by Laws 2023, ch. 79, § 12.  See Section 12-1-8 NMSA 1978.

The 2017 amendment, effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024" in two places.

The 2012 amendment, effective July 1, 2012, added the reference to professional surveyors and in the first sentence, after "engineers and" added "professional".

The 2011 amendment, effective June 17, 2011, changed the termination, operation and repeal dates.

The 2005 amendment, effective June 17, 2005, changed the termination, operation and repeal dates.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration" and "July 1, 2005" for "July 1, 1999" in the first sentence, and substituted "July 1, 2006" for "July 1, 2000" in the last two sentences.

The 1993 amendment, effective July 1, 1993, substituted "1999" for "1993" in the first sentence and "2000" for "1994" in the second and third sentences.

N.M. Stat. Ann. § 61-23-34

61-23-34. Repealed.

History: Laws 2012, ch. 46, § 15; repealed by Laws 2013, ch. 3, § 1.

ANNOTATIONS

Repeals. — Laws 2013, ch. 3, § 1 repealed 61-23-34 NMSA 1978, as enacted by Laws 2012, ch. 46, § 15, relating to notice of boundary surveys for certain land grants, effective March 7, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.

61-23-35. Engineering and surveying university support program. (Repealed effective July 1, 2030.)

A. The board may establish an "engineering and surveying university support program" that provides strategies to enhance recruitment and retention of New Mexico professional engineers and professional surveyors, increase career and educational opportunities and improve interaction with the engineering and surveying professions and institutions of higher education. The program may provide direct educational and training scholarships through qualified New Mexico educational institutions to candidates for the engineering and surveying professions willing to reside and practice in New Mexico. The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students. The amount of funding provided pursuant to the program shall not exceed annually two hundred fifty thousand dollars ($250,000) in the aggregate.

B. The board may request and use appropriations to establish, implement and maintain the engineering and surveying university support program. Any appropriation shall be deposited in the engineering and surveying university support fund.

History: Laws 2019, ch. 220, § 1; 2023, ch. 79, § 13.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, changed the name of the "engineering and surveying scholarship" to the "engineering and surveying university support program"; provided that the engineering and surveying university support program may provide funding for equipment and related materials to support the education of engineering and surveying students at certain educational institutions, and raised the annual funding amount of the engineering and surveying university support program; in the section heading, deleted "scholarship" and added "university support"; and in Subsection A, after "surveying", deleted "scholarship" and added "university support", after "practice in New Mexico", deleted "in an" and added "The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students. The", after "amount", added "of funding provided pursuant to the program shall", and after "annually", deleted "one hundred thousand dollars ($100,000)" and added "two hundred fifty thousand dollars ($250,000)".

61-23-36. Engineering and surveying university support fund created. (Repealed effective July 1, 2030.)

The "engineering and surveying university support fund" is created in the state treasury to support the engineering and surveying university support program. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the board, and money in the fund is appropriated to the board to carry out the purposes of the engineering and surveying university support program. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers approved by the chair and signed by the executive director of the board.

History: Laws 2019, ch. 220, § 2; 2023, ch. 79, § 14.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, changed the name of the "engineering and surveying scholarship fund" to the engineering and surveying university support fund", and substituted each occurrence of "scholarship" with "university support" throughout the section.

ARTICLE 24

Hearing Aid Dealers and Fitters (Repealed.) 61-24-1 to 61-24-21. Repealed. ANNOTATIONS

Repeals. — Laws 1979, ch. 349, § 20, repealed 61-24-1 to 61-24-21 NMSA 1978, relating to hearing aid dealers and fitters. For present provisions, see 61-14B-1 to 61-14B-25 NMSA 1978.

N.M. Stat. Ann. § 61-23-35

A.  The board may establish an "engineering and surveying university support program" that provides strategies to enhance recruitment and retention of New Mexico professional engineers and professional surveyors, increase career and educational opportunities and improve interaction with the engineering and surveying professions and institutions of higher education.  The program may provide direct educational and training scholarships through qualified New Mexico educational institutions to candidates for the engineering and surveying professions willing to reside and practice in New Mexico.  The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students.  The amount of funding provided pursuant to the program shall not exceed annually two hundred fifty thousand dollars ($250,000) in the aggregate.

B.  The board may request and use appropriations to establish, implement and maintain the engineering and surveying university support program.  Any appropriation shall be deposited in the engineering and surveying university support fund.

History: Laws 2019, ch. 220, § 1; 2023, ch. 79, § 13.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, changed the name of the "engineering and surveying scholarship" to the "engineering and surveying university support program"; provided that the engineering and surveying university support program may provide funding for equipment and related materials to support the education of engineering and surveying students at certain educational institutions, and raised the annual funding amount of the engineering and surveying university support program; in the section heading, deleted "scholarship" and added "university support"; and in Subsection A, after "surveying", deleted "scholarship" and added "university support", after "practice in New Mexico", deleted "in an" and added "The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students.  The", after "amount", added "of funding provided pursuant to the program shall", and after "annually", deleted "one hundred thousand dollars ($100,000)" and added "two hundred fifty thousand dollars ($250,000)".

N.M. Stat. Ann. § 61-23-36

The "engineering and surveying university support fund" is created in the state treasury to support the engineering and surveying university support program.  The fund consists of appropriations, gifts, grants, donations and income from investment of the fund.  Any income earned on investment of the fund shall remain in the fund.  Money in the fund shall not revert to any other fund at the end of a fiscal year.  The fund shall be administered by the board, and money in the fund is appropriated to the board to carry out the purposes of the engineering and surveying university support program.  Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers approved by the chair and signed by the executive director of the board.

History: Laws 2019, ch. 220, § 2; 2023, ch. 79, § 14.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, changed the name of the "engineering and surveying scholarship fund" to the engineering and surveying university support fund", and substituted each occurrence of "scholarship" with "university support" throughout the section.

N.M. Stat. Ann. § 61-23-4

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 Engineering and Surveying Practice Act.

History: Laws 1987, ch. 336, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-4 NMSA 1978, as amended by Laws 1979, ch. 363, § 1, relating to short title, effective June 19, 1987, and enacted a new section.

N.M. Stat. Ann. § 61-23-5

A.  There is created the "state board of licensure for professional engineers and professional surveyors" that shall consist of five licensed professional engineers, at least one of whom shall be in engineering education, three licensed professional surveyors and two public members.

B.  The members of the board shall be appointed by the governor for staggered terms of five years. The appointees shall have the qualifications required by Section 61-23-6 NMSA 1978. The appointments shall be made in such a manner that the terms of not more than two members expire in each year. Each member of the board shall receive a certificate of appointment from the governor. Before the beginning of the term of office, the appointee shall file with the secretary of state a written oath or affirmation for the faithful discharge of official duty. A member of the board may be reappointed but may not serve more than two consecutive full terms. A member shall not be reappointed to the board for at least two years after serving two consecutive full terms. The board may designate any former board member to assist it in an advisory capacity.

C.  Each member may hold office until the expiration of the term for which appointed or until a successor has been duly qualified and appointed. In the event of a vacancy for any cause that results in an unexpired term, if not filled within three months by official action, the board may appoint a provisional member to serve until the governor acts. Vacancies on the board shall be filled by appointment by the governor for the balance of the unexpired term.

History: Laws 1987, ch. 336, § 5; 1993, ch. 218, § 4; 1999, ch. 259, § 3; 2005, ch. 69, § 2.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-5 NMSA 1978, as amended by Laws 1979, ch. 363, § 2, relating to declaration of policy, effective June 19, 1987, and enacted a new section.

The 2005 amendment, effective June 17, 2005, changes "surveyors" to "professional surveyors".

The 1999 amendment, effective June 18, 1999, in Subsection A, substituted "licensure" for "registration" and twice substituted "licensed" for "registered".

The 1993 amendment, effective July 1, 1993, in Subsection A, deleted "or surveying" following "engineering" and substituted "two public members" for "one public member"; in Subsection B, substituted "Section 61-23-6 NMSA 1978" for "Section 6 of the Engineering and Surveying Practice Act" in the second sentence, divided the former fourth sentence into the present fourth and fifth sentences by deleting "and", inserted "the appointee" in the fifth sentence, inserted "full" near the end of the sixth sentence, and added the final two sentences; and made minor stylistic changes in Subsections A and C.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.

N.M. Stat. Ann. § 61-23-6

61-23-6. Board members; qualifications. (Repealed effective July 1, 2030.)

A. Each engineer member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of engineering as a professional engineer for at least ten years, including responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico, or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years, and shall be a professional engineer licensed in New Mexico.

B. Each surveyor member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of surveying as a professional surveyor for at least ten years, including responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.

C. Each public member shall be a citizen of the United States, a resident of New Mexico, shall not have been licensed nor be qualified for licensure as an engineer, surveyor, architect or landscape architect and shall not have any significant financial interest, direct or indirect, in the professions regulated.

History: Laws 1987, ch. 336, § 6; 1993, ch. 218, § 5; 1999, ch. 259, § 4; 2005, ch. 69, § 3.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-6 NMSA 1978, as amended by Laws 1979, ch. 363, § 3, relating to definitions, effective June 19, 1987, and enacted a new section.

The 2005 amendment, effective June 17, 2005, requires that engineer members of the board have had responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico and that surveyor members have had responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section, and deleted "and at least thirty-five years of age" following "resident of New Mexico" in Subsection C.

The 1993 amendment, effective July 1, 1993, substituted "engineer" for "engineering" in the first sentence and inserted "or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years" in the second sentence of Subsection A; inserted "architect or landscape architect" and substituted "professions" for "occupation" in Subsection C; and made minor stylistic changes throughout the section.

N.M. Stat. Ann. § 61-23-8

61-23-8. Removal of members of board. (Repealed effective July 1, 2030.)

The governor may remove, after notice and hearing, any member of the board for misconduct, incompetency, neglect of duty, malfeasance in office or for any reason prescribed by law for removal of state officials.

History: Laws 1987, ch. 336, § 8.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-8 NMSA 1978, as amended by Laws 1979, ch. 363, § 4, relating to state board of registration for professional engineers and land surveyors, effective June 19, 1987, and enacted a new section.

N.M. Stat. Ann. § 61-23-9

61-23-9. Board; organization; meetings. (Repealed effective July 1, 2030.)

A. There shall be an "engineering committee" composed of the five members of the board who serve as licensed professional engineers and one of the public members, who shall be appointed to the committee by the board. The engineering committee shall meet in conjunction with all board meetings. The bylaws or rules of the board shall provide a procedure for giving notice of all meetings and for holding special and emergency meetings. A quorum of the committee shall be a majority of the committee. In the event of a lack of a quorum and at the request of the committee, other board members may be substituted for a non-attending member in order to have a quorum. The committee shall elect a chair and vice chair from the committee members at the last committee meeting prior to July 1 of each year.

B. There shall be a "surveying committee" composed of the three members of the board who serve as licensed professional surveyors and one of the public members, who shall be appointed to the committee by the board. The surveying committee shall meet in conjunction with all board meetings. The bylaws or rules of the board shall provide a procedure for giving notice of all meetings and for holding special and emergency meetings. A quorum of the committee shall be a majority of the committee. In the event of a lack of a quorum and at the request of the committee, other board members may serve on this committee. The committee shall elect a chair and vice chair from the committee members at the last committee meeting prior to July 1 of each year.

C. All matters that come before the board that pertain exclusively to engineering or exclusively to surveying shall be referred to the respective committee for disposition. The committee action on such matters shall be the action of the board. Committee actions shall be reported to the board.

D. There shall be a joint engineering and surveying standing committee of the board composed of two members from the professional engineering committee, the public member and the chair, and two members from the professional surveying committee, the public member and the chair. If the public member is currently the chair of either committee, the vice chair will serve as the professional member on the standing committee.

E. The board shall hold at least four regular meetings each year. At least one meeting shall be held at the state capitol. The bylaws or rules of the board shall provide procedures for giving notice of all meetings and for holding special meetings. The board shall elect annually a chair, a vice chair and a secretary, who shall be members of the board. A member of the board shall not be elected to the same office for more than two consecutive years. A quorum of the board shall be a majority of the board. Any board member failing to attend three consecutive regular meetings is automatically removed as a member of the board. The board shall have an official seal.

History: Laws 1987, ch. 336, § 9; 1993, ch. 218, § 6; 1999, ch. 259, § 5; 2005, ch. 69, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-9 NMSA 1978, as amended by Laws 1979, ch. 363, § 5, relating to qualifications of board members, and enacted a new section, effective June 19, 1987.

The 2005 amendment, effective June 17, 2005, provides that in the event of a lack of a quorum at a meeting of the engineering committee and at the request of the committee, other board members may be substituted for a non-attending member in order to have a quorum, creating a joint engineering and surveying standing committee of the board.

The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" in Subsections A and B, and substituted "bylaws or rules" for "bylaws or regulations" throughout the section.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

N.M. Stat. Ann. § 61-24B-3

As used in the Landscape Architects Act:

A.  "board" means the board of landscape architects;

B.  "general administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents;

C.  "landscape architect" means an individual registered under the Landscape Architects Act to practice landscape architecture;

D.  "landscape architect in training" means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act; and

E.  "landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined by Chapter 61, Articles 15 and 23 NMSA 1978.

History: Laws 1985, ch. 151, § 3; 2001, ch. 155, § 1; 2007, ch. 126, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.

The 2007 amendment, effective June 15, 2007, adds the definition of "landscape architect in training".

The 2001 amendment, effective June 15, 2001, in Subsection D, substituted "'landscape architecture'" means the art, profession or science of designing land improvements" for "'landscape architectural services' means the practice of landscape architecture"; deleted Paragraphs (1), (2) and (3) that listed the dominant purposes of the services of landscape architecture; and substituted "Chapter 61, Articles 15 and 23 NMSA 1978" for "Sections 61-15-2 and 61-23-6 NMSA 1978".

N.M. Stat. Ann. § 61-24B-5

A.  The following shall be exempt from the provisions of the Landscape Architects Act as long as they do not hold themselves out as landscape architects or use the term "landscape architect" without being registered pursuant to the Landscape Architects Act:

(1)       landscape architects who are not legal residents of or who have no established place of business in this state who are acting as consulting associates of a landscape architect registered under the provisions of the Landscape Architects Act; provided that the nonresident landscape architect meets equivalent registration qualifications in the landscape architect's own state or country;

(2)       landscape architects acting solely as officers or employees of the United States; and

(3)       a person making plans for a landscape associated with a single-family residence or a multifamily residential complex of four units or less except when it is part of a larger complex.

B.  Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent a professional architect, engineer or land surveyor from engaging in landscape architecture within the limits of the architect's, engineer's or land surveyor's licensure.

C.  Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent the landscape architects in training, drafters, students, clerks or superintendents and other employees of registered landscape architects from acting under the instructions, control or supervision of the landscape architect or to prevent the employment of superintendents on the construction, enlargement or alterations of landscape improvements or any appurtenances thereto or to prevent such superintendents from acting under the immediate personal supervision of landscape architects by whom the plans and specifications of any landscape architectural services were prepared.

History: Laws 1985, ch. 151, § 5; 1999, ch. 272, § 31; 2001, ch. 155, § 3; 2007, ch. 126, § 2.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.

The 2007 amendment, effective June 15, 2007, provides that the Landscape Architects Act does not prevent landscape architects in training from acting under the supervision of a landscape architect.

The 2001 amendment, effective June 15, 2001, added the Subsection A designation to the first paragraph and redesignated former Subsections A and B as Paragraphs A(1) and A(2); deleted "or any interstate railroad system; and" from the end of present Paragraph A(2); deleted "landscape designers, land planners, agriculturalists, soil conservationists, agronomists, horticulturists, foresters, tree experts, arborists, gardeners, contract landscape caretakers, landscape nurserymen, graders or contractors, or cultivators of land and any person making plans for property owned by himself" from the beginning of former Subsection C; inserted Paragraph A(3) and the Subsection designations B and C; and deleted "registered" preceding "landscape architect" in two places in present Subsection C.

The 1999 amendment, effective June 18, 1999, deleted "resident" following "consulting associates of a" in Subsection A.

N.M. Stat. Ann. § 61-24B-7

The board shall:

A.  promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Landscape Architects Act;

B.  provide for the examination, registration and re-registration of applicants;

C.  adopt and use a seal;

D.  administer oaths and take testimony on matters within the board's jurisdiction;

E.  grant, deny, renew, suspend or revoke certificates of registration to practice landscape architecture in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the Landscape Architects Act;

F.   grant, deny, renew, suspend or revoke landscape architect in training certificates in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act;

G.  conduct hearings upon charges relating to discipline of a registrant or the denial, suspension or revocation of a certificate of registration; and

H.  in cooperation with the state board of examiners for architects and the state board of licensure for professional engineers and surveyors, create a joint standing committee to be known as the "joint practice committee" to safeguard life, health and property and to promote the public welfare.  The committee shall promote and develop the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions.  The composition of this committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.

History: Laws 1985, ch. 151, § 7; 1987, ch. 301, § 4; 2001, ch. 155, § 5; 2003, ch. 408, § 25; 2007, ch. 126, § 3; 2022, ch. 39, § 89.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.

Cross references. — As to the duties of the state board of examiners for professional architects, see 61-15-4 NMSA 1978.

As to the powers of the state board of registration for professional engineers and land surveyors, see 61-23-10 NMSA 1978.

The 2022 amendment, effective May 18, 2022, clarified that the board of landscape architects is required to follow the provisions of the State Rules Act when promulgating rules; and in Subsection A, after "promulgate rules", added "in accordance with the State Rules Act to implement".

The 2007 amendment, effective June 15, 2007, adds new Subsection F to provide powers and duties of the board for architect in training certification.

The 2003 amendment, effective July 1, 2003, deleted former Subsection B, regarding employment of persons necessary to carry out the provisions of the Act, and redesignated the subsequent subsections accordingly.

The 2001 amendment, effective June 15, 2001, in Subsection H, substituted "in cooperation" for "participate", "state board of licensure" for "state board of registration", "create" for "in creating", "the 'joint practice committee'" for "the 'architect-engineer-landscape architect joint practice committee'", and substituted the current goals of the committee beginning "to safeguard the life, health and property" and ending with "concerning the professions" for "to resolve disputes concerning these professions".

N.M. Stat. Ann. § 61-24D-5

A.  A person who is not a licensee shall not:

(1)       conduct home inspections, develop a report or otherwise engage in the business of home inspection;

(2)       in the course of conducting business, use the title "home inspector", "certified home inspector", "registered home inspector", "licensed home inspector", "professional home inspector" or any other title, abbreviation, letters, figures or signs that indicate the person is a licensed home inspector; or

(3)       use the terms "state licensed" or "licensed" to refer to an inspection conducted or a report prepared by a person who is not a licensee.

B.  A business entity shall not provide home inspection services unless all of the home inspectors employed by the business are licensees.

C.  A business entity shall not use, in connection with the name or signature of the business, the title "home inspectors" to describe the business entity's services unless each person employed by the business as a home inspector is a licensee.

D.  The Home Inspector Licensing Act does not apply to a person:

(1)       licensed by the state as an engineer, an architect, a real estate qualifying or associate broker, a real estate appraiser, a certified general appraiser, a residential real estate appraiser or a pest control operator, when acting within the scope of the person's license;

(2)       licensed by the state or a political subdivision of the state as an electrician, a general contractor, a plumber or a heating and air conditioning technician, when acting within the scope of the person's license;

(3)       regulated by the state as an insurance adjuster, when acting within the scope of the person's license;

(4)       employed by the state or a political subdivision of the state as a code enforcement official, when acting within the scope of the person's employment;

(5)       who performs an energy audit of a residential property;

(6)       who performs a warranty evaluation of components, systems or appliances within a resale residential property for the purpose of issuing a home warranty; provided that all warranty evaluation reports include a statement that the warranty evaluation performed is not a home inspection and does not meet the standards of a home inspection pursuant to the provisions of the Home Inspector Licensing Act.  A home warranty company shall not refer to a warranty evaluation as a home inspection;

(7)       who in the scope of the person's employment performs safety inspections of utility equipment in or attached to residential real property pursuant to the provisions of Chapter 62 NMSA 1978 or rules adopted by the public regulation commission; and

(8)       hired by the owner or lessor of residential real property to perform an inspection of the components of the residential real property for the purpose of preparing a bid or estimate for performing construction, remodeling or repair work in the residential real property.

History: Laws 2019, ch. 239, § 5.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.

N.M. Stat. Ann. § 61-30-10

61-30-10. Registration, license or certification required; exceptions. (Repealed effective July 1, 2030.)

A. It is unlawful for any person in this state to engage or attempt to engage in the business of developing or communicating real estate appraisals or appraisal reports without first registering as a real estate appraiser trainee or obtaining a license or certificate from the board under the provisions of the Real Estate Appraisers Act.

B. No person, unless certified by the board as a state certified real estate appraiser under a general certification or residential certification, shall:

(1) assume or use any title, designation or abbreviation likely to create the impression of a state certified real estate appraiser;

(2) use the term "state certified" to describe or refer to any appraisal or evaluation of real estate prepared by the person;

(3) assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser firm, partnership, corporation or group; or

(4) assume or use any title, designation or abbreviation likely to create the impression of certification under a general certificate or describe or refer to any appraisal or evaluation of nonresidential real estate by the term "state certified" if the preparer's certification is limited to residential real estate.

C. A real estate appraiser trainee is only authorized to prepare appraisals of all types of real estate or real property under direct supervision of the supervisory appraiser holding a residential or general certificate; provided that such person does not assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser or licensure as a state licensed residential real estate appraiser.

D. The scope of practice for:

(1) a real estate appraiser trainee is appraisal of those properties that the supervisory appraiser is permitted by the supervisory appraiser's current credential and that the supervisory appraiser is qualified to appraise. All real estate appraiser trainees must comply with the competency rule of the uniform standards of professional appraisal practice;

(2) a state licensed residential real estate appraiser is appraisal of non-complex, one-to-four residential units having a transaction value of less than one million dollars ($1,000,000) and complex one-to-four residential units having a transaction value less than two hundred fifty thousand dollars ($250,000). "Complex one-to-four family residential property appraisal" means one in which the property to be appraised, the form of ownership or the market conditions are typical. The state licensed residential real estate appraiser must comply with the competency rule of the uniform standards of professional appraisal practice;

(3) a state certified residential real estate appraiser is appraisal of one-to-four residential units without regard to value or complexity. This classification includes the appraisal of vacant or unimproved land that is utilized for one-to-four family purposes or for which the highest and best use is for one-to-four family purposes, and the classification does not include the appraisal of subdivisions for which a development analysis or appraisal is necessary. All state certified residential real estate appraisers must comply with the competency rule of the uniform standards of professional appraisal practice; and

(4) a state certified general real estate appraiser is appraisal of all types of property. All state certified general real estate appraisers must comply with the competency rule of the uniform standards of professional appraisal practice.

E. The requirement of registration, licensing or certification shall not apply to a qualifying or associate broker, as defined under the provisions of Chapter 61, Article 29 NMSA 1978, who gives an opinion of the price of real estate for the purpose of marketing, selling, purchasing, leasing or exchanging such real estate or any interest therein or for the purpose of providing a financial institution with a collateral assessment of any real estate in which the financial institution has an existing or potential security interest. The opinion of the price shall not be referred to or construed as an appraisal or appraisal report and shall not be used as the primary basis to determine the value of real estate for the purpose of loan origination.

F. The requirement of registration, licensing or certification shall not apply to real estate appraisers of the property tax division of the taxation and revenue department, to a county assessor or to the county assessor's employees, who as part of their duties are required to engage in real estate appraisal activity as a county assessor or on behalf of the county assessor and no additional compensation fee or other consideration is expected or charged for such appraisal activity, other than such compensation as is provided by law.

G. The prohibition of Subsection A of this section does not apply to persons whose real estate appraisal activities are limited to the appraisal of interests in minerals, including oil, natural gas, liquid hydrocarbons or carbon dioxide, and property held or used in connection with mineral property, if that person is authorized in the person's state of residence to practice and is actually engaged in the practice of the profession of engineering or geology.

H. The process of analyzing, without altering, an appraisal report, except appraisal reviews as defined by the uniform standards of professional appraisal practice, that is part of a request for mortgage credit is considered a specialized service as defined in Subsection S of Section 61-30-3 NMSA 1978 and is exempt from the requirements of registration, licensing or certification.

History: Laws 1990, ch. 75, § 10; 1991, ch. 183, § 1; 1992, ch. 54, § 7; 1993, ch. 269, § 7; 2003, ch. 328, § 7; 2013, ch. 111, § 1; 2014, ch. 33, § 6.

N.M. Stat. Ann. § 61-6-2

A.  There is created the "New Mexico medical board", consisting of eleven members.  The board shall be composed of two public members, one physician assistant and eight reputable physicians, at least two of whom shall be osteopathic physicians and at least two of whom shall be medical physicians.  The osteopathic physicians and the medical physicians shall be of known ability, shall be graduates of medical colleges or schools in good standing and shall have been licensed physicians in and bona fide residents of New Mexico for a period of five years immediately preceding the date of their appointment.  The physician assistant shall have been a licensed physician assistant and a resident of New Mexico for at least five years immediately preceding the date of appointment.  Public members of the board shall be residents of New Mexico, shall not have been licensed by the board as a health care practitioner over which the board has licensure authority and shall have no significant financial interest, direct or indirect, in the occupation regulated.

B.  The governor shall appoint the medical physician members from a list of names submitted to the governor by the New Mexico medical society or its authorized governing body or council.  The list shall contain five names of qualified medical physicians for each medical physician member to be appointed.  Medical physician member vacancies shall be filled in the same manner.

C.  The governor shall appoint osteopathic physician members from a list of names submitted to the governor by the New Mexico osteopathic medical association or its authorized governing body or council.  The list shall contain five names of qualified osteopathic physicians for each osteopathic physician member to be appointed.  Osteopathic physician member vacancies shall be filled in the same manner.

D.  The governor shall appoint the physician assistant member from a list of names submitted to the governor by the New Mexico academy of physician assistants or its authorized governing body or council.  The list shall contain five names of qualified physician assistants.

E.  Members shall be appointed to four-year terms, staggered so that not more than three terms expire in a year.  All board members shall hold office until their successors are appointed.

F.   A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown.

History: Laws 1923, ch. 44, § 1; C.S. 1929, § 110-101; 1941 Comp., § 51-501; Laws 1949, ch. 139, § 1; 1953 Comp., § 67-5-1; Laws 1955, ch. 44 [§ 1]; 1969, ch. 46, § 1; 1979, ch. 40, § 1; 1978 Comp., § 61-6-1, recompiled as § 61-6-2 by Laws 1989, ch. 269, § 2; 1991, ch. 189, § 9; 2003, ch. 19, § 2; 2021, ch. 54, § 17.

ANNOTATIONS

Compiler's notes. — Laws 1989, ch. 269, § 32 repealed former 61-6-2 NMSA 1978, as amended by Laws 1955, ch. 44, § 1, relating to meetings and quorums of the board, effective July 1, 1989. For present comparable provisions, see 61-6-3 NMSA 1978.

Cross references. — For Uniform Licensing Act, see 61-1-1 NMSA 1978 et seq.

The 2021 amendment, effective June 18, 2021, increased the number of members of the New Mexico medical board from nine members to eleven members, increased the number of physicians to be appointed to the board, required that at least two of the members be osteopathic physicians and two of the members be medical physicians, and prohibited health care practitioners over which the board has licensure authority from being public members of the board; in Subsection A, after "consisting of", changed "nine" to "eleven", after "physician assistant and", changed "six" to "eight", after "reputable physicians", added "at least two of whom shall be osteopathic physicians and at least two of whom shall be medical physicians.  The osteopathic physicians and the medical physicians shall be", and after "shall not have been licensed by the board", deleted "or have practiced as a physician" and added "as a health care provider over which the board has licensure authority"; and added a new Subsection C and redesignated former Subsections C through E as Subsections D through F, respectively.

Temporary provisions. — Laws 2021, ch. 54, § 48 provided:

A.        On June 18, 2021, all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the board of osteopathic medicine are transferred to the New Mexico medical board.

B.        On June 18, 2021, all contractual obligations of the board of osteopathic medicine are binding on the New Mexico medical board.

C.        On June 18, 2021, all references in law to the board of osteopathic medicine shall be deemed to be references to the New Mexico medical board.

The 2003 amendment, effective June 20, 2003, substituted "New Mexico medical board" for "Board of medical examiners" in the section heading; in Subsection A, substituted "'New Mexico medical board, consisting of nine members" for "board of medical examiners, consisting of eight members" in the first sentence, inserted "one physician assistant" preceding "and six reputable", deleted "as defined in Section 61-6-6 NMSA 1978" in the second sentence, inserted the present third sentence, and inserted "by the board" in the last sentence; added present Subsection C and redesignated former Subsections C and D as Subsections D and E, and rewrote present Subsection D.

Temporary provisions. — Laws 2003, ch. 19, § 28, effective June 20, 2003, provided that all functions, personnel, appropriations, money, records, equipment, supplies and other property of the New Mexico board of medical examiners shall be transferred to the New Mexico medical board; all contracts of the New Mexico board of medical examiners shall be binding and effective on the New Mexico medical board; and all references in law to the New Mexico board of medical examiners shall be deemed to be references to the New Mexico medical board.

The 1991 amendment, effective June 14, 1991, in Subsection A, increased the membership of the board from six members to eight members and, in the second sentence, substituted "two public members and six reputable physicians" for "one public member and five reputable physicians" and "licensed physicians" for "registered practitioners"; deleted former Subsection C which read "Two of the physician members of the board first appointed shall hold their offices for a period of two years, and the remaining three physician members shall hold their offices for a period of four years. Thereafter, the physician members shall hold their offices for a period of four years. All board members shall hold office until their successors are appointed and qualified"; designated former Subsections D and E as Subsections C and D, rewriting present Subsection C which read "The public member shall be appointed to a four-year term"; and made related and minor stylistic changes in Subsections A and B.

The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-1 NMSA 1978; inserted "or schools" near the middle of the second sentence of Subsection A; substituted the present provisions of Subsection D for " The public member, upon the effective date of this act, shall be appointed to a term expiring January 1, 1982. Thereafter the public member shall be appointed to a four-year term"; substituted all of the present language of Subsection E following "removed" for "as a member of this board"; and made minor stylistic changes throughout the section.

County and municipal officials exceeded their authority by enacting abortion-related ordinances preempted by state law. — Where several counties and municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt of any abortion-related instrumentality and creating licensing schemes exclusive to abortion clinics and providers, and where the state of New Mexico sought a writ of mandamus and stay of respondents enforcement of the ordinances and to invalidate the ordinances as preempted by state law, the writ of mandamus was granted because the ordinances plainly conflicted with the provisions of the Medical Practice Act, which vests the medical board with exclusive licensing and disciplinary authority for a physician's practice of medicine.  The pervasive regulatory scheme under the Medical Practice Act demonstrates the legislature's intent to occupy the field of medical licensure specifically, and state professional licensure generally.  State ex rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.

Governor's power not usurped. — Requirement that the governor appoint to the board of medical examiner's nominees who were submitted by the New Mexico medical society, where only the governor has this prerogative, would not unconstitutionally usurp the governor's power. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Review of board's proceedings. — On review of proceedings of board of medical examiners, court is limited to a determination of whether the board's order was reasonable, lawful and had substantial evidence to support it. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Corporation to perform medical services. — Because the legislature chose to expressly prohibit the corporate practice, apart from professional corporations, in the case of dentists and podiatrists, and chose to expressly permit, with limitation, other forms of corporate practice in the case of psychologists and engineers, it may be inferred from the legislature's silence in the case of medical doctors that a corporation may be formed to provide medical services. 1987 Op. Att'y Gen. No. 87-39.

A corporation, organized and controlled by non-physicians, may provide medical services to the general public through employed physicians, unless prohibited by statute or unless it exercises lay control of medical judgment or engages in lay exploitation of the medical profession in a manner prohibited by public policy. 1987 Op. Att'y Gen. No. 87-39.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 131, 135.

Optometry as within statute relating to practice of medicine, 22 A.L.R. 1173.

Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Liability to patient for results of medical or surgical treatment by one not licensed as required by law, 57 A.L.R. 978.

Practice of medicine or surgery, interstate commerce clause as affecting requirement of license, 82 A.L.R. 1388.

Right of corporation or individual, not himself licensed, to practice medicine or surgery through licensed employees, 103 A.L.R. 1240.

Newspapers, magazines or radio, practice of medicine through, 114 A.L.R. 1506.

Dentist as a physician or surgeon within statutes, 115 A.L.R. 261.

Treatment by electricity as practice of medicine or surgery within statute, 115 A.L.R. 957.

Medical practice acts, health service plan as violation of, 119 A.L.R. 1290.

Prescriptions, one who fills under reciprocal arrangement with physician, as subject to charge of practice of medicine without license, 121 A.L.R. 1455.

Application to masseurs of statutes governing practice of medicine, 17 A.L.R.2d 1183.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice medicine from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.

Malpractice in diagnosis and treatment of brain injuries, diseases or conditions, 29 A.L.R.2d 501.

Liability for injury by X-ray, 41 A.L.R.2d 329.

Illegal practice of medicine under statute, ordinance or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.

Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.

Malpractice: treatment of fractures or dislocations, 54 A.L.R.2d 200.

Liability of physician for extending operation or treatment beyond that expressly authorized, 56 A.L.R.2d 695.

Liability of physician for lack of diligence in attending patient, 57 A.L.R.2d 379.

Liability of physician who abandons case, 57 A.L.R.2d 432.

Malpractice in nose and throat treatment, 58 A.L.R.2d 216.

Malpractice in administering medicine to which patient is unusually susceptible or allergic, 64 A.L.R.2d 1281.

Malpractice in treatment of tuberculosis, 75 A.L.R.2d 814.

Malpractice in treatment of the ear, 76 A.L.R.2d 783.

Physician's or surgeon's malpractice in connection with care and treatment of hemophiliac or diagnosis of hemophilia, 1 A.L.R.3d 1107.

Practice by attorneys and physicians as corporate entities or associations under professional service corporation statutes, 4 A.L.R.3d 383.

Physician's or surgeon's malpractice in connection with diagnosis or treatment of rectal or anal disease, 5 A.L.R.3d 916.

Malpractice in connection with intravenous or other forced or involuntary feeding of patient, 6 A.L.R.3d 668.

Validity and construction of contract exempting hospital or doctor from liability for negligence to patient, 6 A.L.R.3d 704.

Liability of physician, surgeon, anesthetist or dentist for injury resulting from foreign object left in patient, 10 A.L.R.3d 9.

Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.

Liability in connection with insertion of prosthetic or other corrective devices in patient's body, 14 A.L.R.3d 967.

Liability of physician or hospital where patient suffers heart attack or the like while undergoing unrelated medical procedure, 17 A.L.R.3d 796.

Malpractice in diagnosis and treatment of diseases or conditions of the heart or vascular system, 19 A.L.R.3d 825.

Doctor's liability for mistakenly administering drug, 23 A.L.R.3d 1334.

Medical malpractice, and measure and element of damages, in connection with sterilization or birth control procedures, 27 A.L.R.3d 906.

Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364.

Malpractice in connection with diagnosis and treatment of epilepsy, 30 A.L.R.3d 988.

Physician's failure to advise patient to consult specialist or one qualified in a method of treatment which physician is not qualified to give, 35 A.L.R.3d 349.

Attending physician's liability for injury caused by equipment furnished by hospital, 35 A.L.R.3d 1068.

Liability of physician or dentist for injury to patient from physical condition of office premises, 36 A.L.R.3d 1341.

Liability for negligence in diagnosing or treating aspirin poisoning, 36 A.L.R.3d 1358.

Surgeon's liability for inadvertently injuring organ other than that intended to be operated on, 37 A.L.R.3d 464.

Release of one responsible for injury as affecting liability of physician or surgeon for negligent treatment of injury, 39 A.L.R.3d 260.

Recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.

Physician's tort liability for unauthorized disclosure of confidential information about patient, 48 A.L.R.4th 668.

Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21; 73 C.J.S. Public Administrative Law and Procedure § 13.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)