This law provides a license for dietitians and certain nutritionists, restricting the titles Dietitian and Nutritionist, but allows for some exemptions.
Unless otherwise licensed by the state, no person shall engage in nutrition or dietetics practice, or use or include the titles or represent himself to be a dietitian, nutritionist or nutrition associate.
However, there is a separate law, the Unlicensed Health Care Practice Act, which provides broader exemptions across the board for Alternative and Complementary Health Care Practitioners including those providing nutrition care. This law provides a safe harbor for holistic practitioners, however they must continue to abstain from attempting, or giving the impression that you are authorized to, diagnose, treat, or cure a medical condition.
Section 61-7A-4 (3) of the law states that nothing within the law is intended to:
(3) prevent an individual who does not hold himself out as a dietitian, nutritionist or nutrition associate from furnishing oral or written nutritional information on food, food materials or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with the marketing and distribution of those products;
The Unlicensed Health Care Practice Act, passed in 2009, states that:
“A complementary and alternative health care practitioner who is not licensed, certified or registered in New Mexico as a health care practitioner shall not be in violation of any licensing law relating to health care services..” However the law states numerous criteria for this that restrict providers from encroaching on the practice of medicine, and other certain licensed activities, such as massage therapy.
The law defines “complementary and alternative health care service” as the broad domain of complementary and alternative healing methods and treatments including:
(1) anthroposophy;
(2) aromatherapy;
(3) ayurveda;
(4) culturally traditional healing practices, including practices by a curandera, sobadora, partera, medica and arbolaira, and healing traditions, including plant medicines and foods, prayer, ceremony and song;
(5) detoxification practices and therapies;
(6) energetic healing;
(7) folk practices;
(8) Gerson therapy and colostrum therapy;
(9) healing practices utilizing food, dietary supplements, nutrients and the physical forces of heat, cold, water, touch and light;
(10) healing touch;
(11) herbology or herbalism;
(12) homeopathy;
(13) meditation;
(14) mind-body healing practices;
(15) naturopathy;
(16) nondiagnostic iridology;
(17) noninvasive instrumentalities;
(18) polarity therapy; and
(19) holistic kinesiology and other muscle testing techniques;
Important
New Mexico requires certain disclosures for complementary and alternative health care practitioners.
A complementary and alternative health care practitioner shall:
A. provide to a patient prior to rendering services a patient information document, either in writing in plain language that the patient understands or, if the patient cannot read, orally in a language the patient understands, containing the following:
(1) the complementary and alternative health care practitioner’s name, title and business address and telephone number;
(2) a statement that the complementary and alternative health care practitioner is not a health care practitioner licensed by the state of New Mexico;
(3) a statement that the treatment to be provided by the complementary and alternative health care practitioner is complementary or alternative to health care services provided by health care practitioners licensed by the state of New Mexico;
(4) the nature and expected results of the complementary and alternative health care services to be provided;
(5) the complementary and alternative health care practitioner’s degrees, education, training, experience or other qualifications regarding the complementary and alternative health care services to be provided;
(6) the complementary and alternative health care practitioner’s fees per unit of service and method of billing for such fees and a statement that the patient has a right to reasonable notice of changes in complementary and alternative health care services or charges for complementary and alternative health care services;
(7) a notice that the patient has a right to complete and current information concerning the complementary and alternative health care practitioner’s assessment and recommended complementary and alternative health care services that are to be provided, including the expected duration of the complementary and alternative health care services to be provided and the patient’s right to be allowed access to the patient’s records and written information from the patient’s
records;
(8) a statement that patient records and transactions with the complementary and alternative health care practitioner are confidential unless the release of these records is authorized in writing by the patient or otherwise provided by law;
(9) a statement that the patient has a right to coordinated transfer when there will be a change in the provider of complementary and alternative health care services; and
(10) the name, address and telephone number of the department and notice that a patient may file complaints with the department; and
B. obtain a written acknowledgment from a patient, or if the patient cannot write an oral acknowledgment witnessed by a third party, stating that the patient has been provided with a copy of the information document. The patient shall be provided with a copy of the written acknowledgment, which shall be maintained for three years by the complementary and alternative health care practitioner providing the complementary and alternative health care service.
Source: Guidance from the New Mexico Regulation and Licensing Departmentq