New Mexico Septic System Licensing Law

New Mexico Code · 7 sections

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

N.M. Stat. Ann. § 61-12B-3

As used in the Respiratory Care Act:

A.  "board" means the advisory board of respiratory care practitioners;

B.  "department" means the regulation and licensing department or that division of the department designated to administer the provisions of the Respiratory Care Act;

C.  "respiratory care" means a health care profession, under medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation and care of patients with deficiencies and abnormalities that affect the cardiopulmonary system and associated aspects of other system functions, and the terms "respiratory therapy" and "inhalation therapy" where such terms mean respiratory care;

D.  "practice of respiratory care" includes:

(1)       direct and indirect cardiopulmonary care services that are of comfort, safe, aseptic, preventative and restorative to the patient;

(2)       cardiopulmonary care services, including the administration of pharmacological, diagnostic and therapeutic agents related to cardiopulmonary care necessary to implement treatment, disease prevention, cardiopulmonary rehabilitation or a diagnostic regimen, including paramedical therapy and baromedical therapy;

(3)       specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of cardiopulmonary abnormalities, including pulmonary function testing, hemodynamic and physiologic monitoring of cardiac function and collection of arterial and venous blood for analysis;

(4)       observation, assessment and monitoring of signs and symptoms, general behavior, general physical response to cardiopulmonary care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics;

(5)       implementation based on observed abnormalities, appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a physician authorized to practice medicine or other person authorized by law to prescribe, or the initiation of emergency procedures or as otherwise permitted in the Respiratory Care Act;

(6)       establishing and maintaining the natural airways, insertion and maintenance of artificial airways, bronchopulmonary hygiene and cardiopulmonary resuscitation, along with cardiac and ventilatory life support assessment and evaluation; and

(7)       the practice performed in a clinic, hospital, skilled nursing facility, private dwelling or other place deemed appropriate or necessary by the department;

E.  "expanded practice" means the practice of respiratory care by a respiratory care practitioner who has been prepared through a formal training program to function beyond the scope of practice of respiratory care as defined by rule of the department;

F.   "respiratory care practitioner" means a person who is licensed to practice respiratory care in New Mexico;

G.  "respiratory care protocols" means a predetermined, written medical care plan, which can include standing orders;

H.  "respiratory therapy training program" means an education course of study as defined by rule of the department; and

I.    "superintendent" means the superintendent of regulation and licensing.

History: Laws 1984, ch. 103, § 3; 1987, ch. 329, § 1; 1987, ch. 346, § 1; 1993, ch. 150, § 1; 2001, ch. 188, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-12B-16 NMSA 1978.

The 2001 amendment, effective June 15, 2001, in Subsection D, inserted "or other person authorized by law to prescribe," in Paragraph (5), substituted "assessment and evaluation" for "diagnosis" in Paragraph (6), in Paragraph (7), deleted "of respiratory care" following "practice", substituted "department" for "board"; in Subsection E, substituted "been prepared through a formal training program" for "completed a recognized program of study", inserted "as defined by rule of the department"; in Subsection F, deleted the last sentence, which read "The respiratory care practitioner may transcribe and implement a physician's written and verbal orders pertaining to the practice of respiratory care and"; redesignated the language formerly in Subsection F beginning "'respiratory care protocols'" as Subsection G; redesignated the former Subsections G and H as Subsections H and I; in present Subsection H, substituted "an education course of study as defined by rule of the department" for "a program accredited or recognized by the American medical association's committee on allied health education and accreditation in collaboration with the joint review committee for respiratory therapy education".

The 1993 amendment, effective June 18, 1993, substituted "cardiopulmonary" for "pulmonary" or "respiratory" in Paragraphs (1), (2) and (4) of Subsection D; added "and baromedical therapy" at the end of Paragraph (2) of Subsection D; inserted "and venous" near the end of Paragraph (3) of Subsection D; deleted "under the laws of New Mexico" following "practice medicine" in Paragraph (5) of Subsection D; added current Subsection E; and redesignated former Subsections E to G as Subsections F to H.

N.M. Stat. Ann. § 61-12G-2

As used in the Naturopathic Doctors' Practice Act:

A.  "approved naturopathic medical educational program" means an educational program that the board has approved as meeting the requirements of Section 4 [61-12G-4 NMSA 1978] of the Naturopathic Doctors' Practice Act that prepares naturopathic doctors for the practice of naturopathic medicine;

B.  "association" means an entity that is approved by the American association of naturopathic physicians, which entity represents the interests of naturopathic doctors in the state;

C.  "biological product" means any of the following that is applicable to the prevention, treatment or cure of a disease or condition of human beings:

(1)       a virus;

(2)       a therapeutic serum;

(3)       a toxin;

(4)       an antitoxin;

(5)       a vaccine;

(6)       blood;

(7)       a blood component or derivative;

(8)       an allergenic product;

(9)       a protein, except any chemically synthesized polypeptide;

(10)     a product that is analogous to any of the products listed in Paragraphs (1) through (9) of this subsection; or

(11)     arsphenamine, a derivative of arsphenamine or any other trivalent organic arsenic compound;

D.  "board" means the New Mexico medical board established pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];

E.  "clinical laboratory procedure" means the use of venipuncture consistent with naturopathic medical practice, commonly used diagnostic modalities consistent with naturopathic practice, the recording of a patient's health history, physical examination, ordering and interpretation of radiographic diagnostics and other standard imaging and examination of body orifices, excluding endoscopy and colonoscopy.  "Clinical laboratory procedure" includes the practice of obtaining samples of human tissues, except surgical excision beyond surgical excision that is authorized as a minor office procedure;

F.   "controlled substance" means a drug, substance or immediate precursor enumerated in Schedules I through V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978];

G.  "council" means the naturopathic doctors' advisory council;

H.  "dangerous drug" has the same meaning as set forth in Section 26-1-2 NMSA 1978;

I.    "drug" has the same meaning as set forth in Section 26-1-2 NMSA 1978;

J.   "homeopathic medicine" means a system of medicine based on the use of infinitesimal doses of substances capable of producing symptoms similar to those of the disease treated, as listed in the homeopathic pharmacopoeia of the United States;

K.  "hygiene" means the use of preventive techniques, including personal hygiene, asepsis, public health and safety;

L.   "laboratory examination" means:

(1)       phlebotomy;

(2)       a clinical laboratory procedure;

(3)       an orificial examination;

(4)       a physiological function test; or

(5)       a screening or test that the board has authorized naturopathic doctors to perform, when indicated, which results are interpreted by the naturopathic doctor;

M.  "legend drug" means a drug that is an unscheduled dangerous drug;

N. license" means a license issued by the board to an individual pursuant to the Naturopathic Doctors' Practice Act and board rules authorizing that individual to practice naturopathic medicine in the state;

O.  "licensee" means a naturopathic doctor licensed by the board to practice naturopathic medicine in the state;

P.  "minor office procedure" means minor surgical care and procedures, including:

(1)       surgical care incidental to superficial laceration, lesion or abrasion, excluding surgical care to treat a lesion suspected of malignancy;

(2)       the removal of foreign bodies located in superficial structures, excluding the globe of the eye;

(3)       trigger point therapy;

(4)       dermal stimulation;

(5)       allergy testing and treatment; and

(6)       the use of antiseptics and topical or local anesthetics;

Q.  "naturopathic doctor" means an individual licensed pursuant to the Naturopathic Doctors' Practice Act as a naturopathic doctor to practice naturopathic medicine in the state;

R.  "naturopathic medicine" means:

(1)       a system of health care for the prevention, diagnosis and treatment of human health conditions, injury and disease;

(2)       the promotion or restoration of health; and

(3)       the support and stimulation of a patient's inherent self-healing processes through patient education and the use of naturopathic therapies and therapeutic substances;

S.  "naturopathic physical medicine" means the use of one or more of the following physical agents in a manner consistent with naturopathic medical practice on a part or the whole of the body, by hand or by mechanical means, in the resolution of a human ailment or conditions:

(1)       air;

(2)       water;

(3)       heat;

(4)       cold;

(5)       sound;

(6)       light;

(7)       electromagnetism;

(8)       colon hydrotherapy;

(9)       soft tissue therapy;

(10)     joint mobilization;

(11)     therapeutic exercise; or

(12)     naturopathic manipulation;

T.   "naturopathic therapy" means the use of:

(1)       naturopathic physical medicine;

(2)       suggestion;

(3)       hygiene;

(4)       a therapeutic substance;

(5)       a dangerous drug;

(6)       nutrition and food science;

(7)       homeopathic medicine;

(8)       a clinical laboratory procedure; or

(9)       a minor office procedure;

U.  "nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of food, water, herbs, roots, bark or natural food elements;

V.  "prescription" has the same meaning as set forth in Section 26-1-2 NMSA 1978;

W. "professional examination" means a competency- based national naturopathic doctor licensing examination administered by the North American board of naturopathic examiners or its successor agency, which board has been nationally recognized to administer a naturopathic examination that represents federal standards of education and training;

X.  "suggestion" means a technique using:

(1)       biofeedback;

(2)       hypnosis;

(3)       health education; or

(4)       health counseling; and

Y.  "therapeutic substance" means any of the following exemplified in a standard naturopathic medical text, journal or pharmacopeia:

(1)       a vitamin;

(2)       a mineral;

(3)       a nutraceutical;

(4)       a botanical medicine;

(5)       oxygen;

(6)       a homeopathic medicine;

(7)       a hormone;

(8)       a hormonal or pharmaceutical contraceptive device; or

(9)       other physiologic substance.

History: Laws 2019, ch. 244, § 2.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 244 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.

N.M. Stat. Ann. § 61-17A-2

As used in the Barbers and Cosmetologists Act:

A.  "barber" means a person, other than a student, who for compensation engages in barbering;

B.  "board" means the board of barbers and cosmetologists;

C.  "cosmetologist" means a person, other than a student, who for compensation engages in cosmetology;

D.  "department" means the regulation and licensing department;

E.  "electrologist" means a person, other than a student, who for compensation removes hair from or destroys hair on the human body through the use of an electric current applied to the body with a needle-shaped electrode or probe;

F.   "enterprise" means a business venture, firm or organization;

G.  "establishment" means an immobile beauty shop, barber shop, electrology clinic, salon or similar place of business in which cosmetology, barbering, eyebrow threading, hairstyling or electrolysis is performed;

H.  "esthetician" means a person, other than a student, who for compensation:

(1)       uses cosmetic preparations, including makeup applications, antiseptics, powders, oils, clays or creams, for the purpose of preserving the health and beauty of the skin and body;

(2)       massages, cleans, stimulates or manipulates the skin for the purpose of preserving the health and beauty of the skin and body; or

(3)       performs activities similar to the activities described in Paragraph (1) or (2) of this subsection on any part of the body of a person;

I.    "eyebrow threading" means a method of hair removal in which a thin thread is doubled, twisted and then rolled over areas of unwanted hair, plucking the hair at the follicle level;

J.   "hair braiding" means twisting, wrapping, weaving, extending, locking or braiding hair and incidental use of topical agents and mechanical devices and includes use of hair extensions, hair fibers, decorative beads and other accessories incidental to hair braiding;

K.  "hairstylist" means a person, other than a student, who for compensation engages in hairstyling;

L.   "manicurist-pedicurist" means a person, other than a student, who for compensation performs work on the nails of a person and applies nail extensions or products to the nails for the purpose of strengthening or preserving the health and beauty of the hands or feet;

M.  "sanitation" means the maintenance of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;

N.  "school" means a public or private instructional facility approved by the board that teaches cosmetology, barbering or hairstyling; and

O.  "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering, hairstyling or electrolysis.

History: Laws 1993, ch. 171, § 2; 1997, ch. 218, § 1; 2017, ch. 108, § 1; 2017, ch. 112, § 3; 2022, ch. 39, § 69; 2025, ch. 39, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.

The 2025 amendment, effective July 1, 2025, defined "hair braiding" as used in the Barbers and Cosmetologists Act; added a new Subsection J and redesignated the succeeding subsections accordingly.

The 2022 amendment, effective May 18, 2022, provided that "department" means the regulation and licensing department, as used in the Barbers and Cosmetologists Act; and added a new Subsection D and redesignated former Subsections D through M as Subsections E through N, respectively.

2017 Amendments. — Laws 2017, ch. 112, § 3, effective June 16, 2017, defined "hairstylist" and revised the definitions of certain terms as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering", added "hairstyling"; added new Subsection H and redesignated the succeeding subsections accordingly; in Subsection K, after "cosmetology", deleted "or", and after "barbering", added "or hairstyling"; and in Subsection L, after "barbering", added "hairstyling".

Laws 2017, ch. 108, § 1, effective June 16, 2017, defined "eyebrow threading" and revised the definition of "establishment" to include "eyebrow threading" as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering", added ", eyebrow threading"; and added new Subsection H and redesignated the succeeding subsections according.

The 1997 amendment added Subsections E, I and K and redesignated former Subsections E to H accordingly, inserted "other than a student" near the beginning of Subsections D and H, rewrote Subsection G, and made minor stylistic changes throughout the section. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.

N.M. Stat. Ann. § 61-17A-3

Barbering includes any one or any combination of the following practices when done upon the upper part of the human body for cosmetic purposes for the public generally, upon male or female:

A.  shaving or trimming the beard or cutting the hair;

B.  curling and waving, including permanent waving, the hair;

C.  giving facial and scalp massage or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances;

D.  shampooing, bleaching or dyeing the hair or applying tonics; or

E.  applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, neck or upper part of the body.

History: Laws 1993, ch. 171, § 3.

ANNOTATIONS

Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.

N.M. Stat. Ann. § 61-17A-4

Cosmetology means the practice of those services that include:

A.  arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical apparatus or appliances;

B.  using cosmetic preparations, antiseptics, tonics, lotions or creams or massaging, cleansing, stimulating, manipulating, beautifying or performing similar work on the body of a person;

C.  manicuring and pedicuring the nails of a person;

D.  caring for and servicing wigs and hair pieces; or

E.  removing of unwanted hair except by means of electrology.

History: Laws 1993, ch. 171, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.

N.M. Stat. Ann. § 61-33-2

As used in the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]:

A.  "certified operator" means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities;

B.  "commission" means the water quality control commission;

C.  "department" means the department of environment;

D.  "domestic liquid waste" means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;

E.  "domestic liquid waste treatment unit" means any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;

F.   "operate" means performing any activity, function, process control decision or system integrity decision regarding water quality or water quantity that has the potential to affect the proper functioning of a public water supply system or public wastewater facility or to affect human health, public welfare or the environment;

G.  "person" means any agency, department or instrumentality of the United States and any of its officers, agents or employees, the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation;

H.  "public wastewater facility" means a system of structures, equipment and processes designed to collect and treat domestic and industrial waste and dispose of the effluent, but does not include:

(1)       any domestic liquid waste treatment unit; or

(2)       any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency under the requirements of the federal Clean Water Act of 1977; and

I.    "public water supply system" means:

(1)       a system for the provision through pipes or other constructed conveyances to the public of water for human consumption or domestic purposes if the system:

(a) has at least fifteen service connections; or

(b) regularly serves an average of at least twenty-five individuals at least sixty days of the year; and

(2)       includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system.

History: 1978 Comp., § 61-33-2, enacted by Laws 1992, ch. 44, § 2; 2001, ch. 181, § 1; 2005, ch. 285, § 1.

ANNOTATIONS

Cross references. — For the federal Clean Water Act of 1977, see 33 U.S.C.S. § 1251 et seq.

Repeals and reenactments. — Laws 1992, ch. 44, § 2 repealed former 61-33-2 NMSA 1978, as amended by Laws 1977, ch. 253, § 67, and enacted a new section, effective March 6, 1992.

The 2005 amendment, effective July 1, 2005, changes "commission" to "department", "water supply systems" to "public water supply systems" and "wastewater facilities" to "public wastewater facilities" in Subsection A; deletes the former definition of "certified supervisor" as a person certified by the commission to operate water supply systems or wastewater facilities and who performs on-site coordinations, direction and inspection of the operations of public wastewater or public water supply facilities; deletes former provision of Subsection B which included the department in the definition of the "commission" when the department acted under the Utility Operators Certification Act; defines "domestic liquid waste treatment unit" in Subsection E to include any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978; deletes aerobic treatment units as being included in a "domestic liquid waste treatment unit" in Subsection E; and adds Subsection F to define "operate".

The 2001 amendment, effective June 15, 2001, in Paragraph I(1) inserted "through pipes or other constructed conveyances" and deleted "piped" preceding "water".

N.M. Stat. Ann. § 61-5C-2

As used in the Dental Amalgam Waste Reduction Act:

A.  "amalgam" means a dental restorative material that is typically composed of mercury, silver, tin and copper, along with other metallic elements, and that is used by a dentist to restore a cavity in a tooth;

B.  "amalgam separator" means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system and that meets a minimum removal efficiency in accordance with international standards contained in ISO 11143, Dental Equipment-Amalgam Separators, published by the international organization for standardization; and

C.  "dental office" means a fixed physical structure in which dental services are provided to patients by dentists and dental professionals licensed or certified by the New Mexico board of dental health care under the management of a licensed owner, operator or designee.

History: Laws 2013, ch. 206, § 2.

ANNOTATIONS

Effective dates. — Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.

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