SB 246

                                1  SENATE BILL 246
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Pat Woods and Heather Berghmans
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO OCCUPATIONAL LICENSURE; AMENDING AND ENACTING
                                12   SECTIONS OF THE MASSAGE THERAPY PRACTICE ACT; DEFINING "MASSAGE
                                13   THERAPY ESTABLISHMENT"; REQUIRING LICENSURE OF MASSAGE THERAPY
                                14   ESTABLISHMENTS; PROVIDING A PENALTY.
                                15
                                16   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                17        SECTION 1.    Section 61-12C-3 NMSA 1978 (being Laws 1991,
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                                18   Chapter 147, Section 3, as amended) is amended to read:
                                19        "61-12C-3.    DEFINITIONS.--As used in the Massage Therapy
                                20   Practice Act:
                                21  A.   "board" means the massage therapy board;
                                22  B.   "continuing education" means courses, seminars,
                                23   workshops and classes in areas related to the practice of
                                24   massage therapy, such as:
                                25  (1)   massage;
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                                1  (2)    bodywork;
                                2  (3)    health care;
                                3  (4)    psychology;
                                4  (5)    anatomy and physiology;
                                5  (6)    business;
                                6  (7)    insurance;
                                7  (8)    ethics;
                                8  (9)    professional development;
                                9  (10)   movement therapy;
                                10  (11)   stress management;
                                11  (12)   exempt modalities listed in Subsection C
                                12   of Section 61-12C-5.1 NMSA 1978;
                                13  (13)   cardiopulmonary resuscitation or first
                                14   aid; and
                                15  (14)   complementary alternative medicine
                                16   modalities determined by the board to be related to the
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                                17   practice of massage therapy;
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                                18  C.   "continuing education provider" means:
                                19  (1)    an individual who was an active
                                20   New Mexico registered independent massage therapy instructor on
                                21   [the effective date of this 2019 act] February 4, 2019;
                                22  (2)    a massage therapy school regulated by the
                                23   requisite regulatory agency where the massage therapy school is
                                24   located;
                                25  (3)    a national or international professional
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                                1    association for massage therapists;
                                2  (4)   an individual or an organization approved
                                3    by a national or international massage therapy continuing
                                4    education approval agency;
                                5  (5)   a health care professional organization;
                                6    or
                                7  (6)   accredited post-secondary educational
                                8    institutions;
                                9  D.   "department" means the regulation and licensing
                                10   department;
                                11  E.   "jurisprudence" means the statutes and rules of
                                12   the state pertaining to the practice of massage therapy;
                                13  F.   "massage therapist" means an individual licensed
                                14   to practice massage therapy pursuant to the Massage Therapy
                                15   Practice Act;
                                16  G.   "massage therapy" means the treatment of soft
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                                17   tissues for therapeutic purposes, primarily comfort and relief
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                                18   of pain; it is a health care service that includes gliding,
                                19   kneading, percussion, compression, vibration, friction, nerve
                                20   strokes, stretching the tissue and exercising the range of
                                21   motion and may include the use of oils, salt glows, hot or cold
                                22   packs or hydrotherapy.    Synonymous terms for massage therapy
                                23   include massage, therapeutic massage, body massage, myomassage,
                                24   bodywork, body rub or any derivation of those terms.    "Massage
                                25   therapy" does not include the diagnosis or treatment of illness
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                                1    or disease or any service or procedure for which a license to
                                2    practice medicine, nursing, chiropractic, physical therapy,
                                3    occupational therapy, acupuncture or podiatry is required by
                                4    law; [and]
                                5  H.   "massage therapy establishment" means a facility
                                6    or premises at which massage therapy is offered or performed;
                                7    provided that "massage therapy establishment" does not include:
                                8  (1)   a health facility:
                                9  (a)   licensed pursuant to Section 24A-1-5
                                10   NMSA 1978;
                                11  (b)   owned, managed or operated by a
                                12   federal agency of the United States, including the United
                                13   States department of defense, the veterans health
                                14   administration of the United States department of veterans
                                15   affairs or the bureau of Indian affairs of the United States
                                16   department of the interior; or
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                                17  (c)   authorized under Chapter 23 NMSA
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                                18   1978;
                                19  (2)   a health care facility as defined in
                                20   Section 59A-57-3 NMSA 1978; or
                                21  (3)   a health care office or premises owned or
                                22   directly operated or managed on a daily basis by a person or
                                23   persons licensed pursuant to:
                                24  (a)   the Chiropractic Physician Practice
                                25   Act;
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                                1  (b)   the Medical Practice Act;
                                2  (c)   the Nursing Practice Act;
                                3  (d)   the Physical Therapy Act; or
                                4  (e)   the Physician Assistant Act; and
                                5  [H.] I.   "massage therapy school" means a facility
                                6    providing an educational program in massage therapy that is
                                7    registered with the board."
                                8  SECTION 2.    Section 61-12C-8 NMSA 1978 (being Laws 1991,
                                9    Chapter 147, Section 8, as amended) is amended to read:
                                10        "61-12C-8.    BOARD POWERS.--The board has the power to:
                                11  A.   adopt and file, in accordance with the State
                                12   Rules Act, rules necessary to carry out the provisions of the
                                13   Massage Therapy Practice Act, in accordance with the provisions
                                14   of the Uniform Licensing Act;
                                15  B.   provide for the evaluation of the qualifications
                                16   of applicants for licensure as a massage therapist or
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                                17   registration as a massage therapy school under the Massage
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                                18   Therapy Practice Act;
                                19  C.   provide for the issuance of massage therapist
                                20   licenses to applicants who meet the requirements of the Massage
                                21   Therapy Practice Act;
                                22  D.   establish minimum curricula for massage therapy
                                23   schools and provide for the issuance and revocation of massage
                                24   therapy school registrations;
                                25  E.   establish minimum standards for massage therapy
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                                1    establishments and provide for the issuance and revocation of
                                2    massage therapy establishment licenses;
                                3  [E.] F.    establish instructor qualifications for
                                4    hands-on massage therapy instruction within the minimum
                                5    curricula;
                                6  [F.] G.    provide for the inspection, when required,
                                7    of the business establishment or premises of any licensee or
                                8    registrant [during regular business hours] as follows:
                                9  (1)    inspections of massage therapy
                                10   establishments may be conducted at any time, including when the
                                11   establishment is in operation or customers are present; and
                                12  (2)    a licensee or operator of a massage
                                13   therapy establishment shall be given an opportunity to
                                14   accompany the board-designated official conducting an
                                15   inspection and to receive a report of the inspection within
                                16   fourteen days after the inspection;
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                                17  [G.] H.    establish minimum training and educational
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                                18   standards for licensure as a massage therapist;
                                19  [H.] I.    pursuant to the Uniform Licensing Act,
                                20   conduct hearings on charges against applicants or licensees and
                                21   take actions described in Section 61-1-3 NMSA 1978;
                                22  [I.] J.    bring an action for injunctive relief in
                                23   district court seeking to enjoin a person from violating the
                                24   provisions of the Massage Therapy Practice Act;
                                25  [J.] K.    issue cease and desist orders to persons
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                                1    violating the provisions of the Massage Therapy Practice Act or
                                2    any rule adopted by the board pursuant to that act;
                                3  [K.] L.    adopt an annual budget;
                                4  [L.] M.    adopt a code of professional conduct for
                                5    massage therapists;
                                6  [M.] N.    provide for the investigation of complaints
                                7    against licensees and registrants; and
                                8  [N.] O.    publish at least annually combined or
                                9    separate lists of licensed massage therapists and registered
                                10   massage therapy schools."
                                11        SECTION 3.    Section 61-12C-11 NMSA 1978 (being Laws 1991,
                                12   Chapter 147, Section 11, as amended) is amended to read:
                                13        "61-12C-11.      DISPLAY OF LICENSE OR REGISTRATION.--
                                14  A.   A massage therapy license or registration issued
                                15   by the board shall at all times be posted in a conspicuous
                                16   place in the holder's principal place of business.
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                                17  B.   An original or a renewal massage therapy license
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                                18   or registration issued by the board on or after July 1, 2026
                                19   shall include a current photograph of the licensee or
                                20   registration holder."
                                21        SECTION 4.    Section 61-12C-17 NMSA 1978 (being Laws 1991,
                                22   Chapter 147, Section 17, as amended) is amended to read:
                                23        "61-12C-17.      LICENSE RENEWAL--CONTINUING EDUCATION.--
                                24  A.   Except as provided for initial licensure in
                                25   Subsection B of Section 61-12C-9 NMSA 1978, massage therapy
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                                1    licenses shall expire biennially.       Expiration dates shall be
                                2    established by rule.
                                3  B.   The board may establish continuing education
                                4    requirements as a condition of the renewal of massage therapy
                                5    licenses.
                                6  C.   All courses offered by continuing education
                                7    providers shall be acceptable to meet continuing education
                                8    requirements regardless of the location where the course is
                                9    offered.
                                10  D.   A continuing education provider who is an
                                11   individual who was an active New Mexico registered independent
                                12   massage therapy instructor on [the effective date of this 2019
                                13   act] February 4, 2019 shall submit to the board a syllabus and
                                14   one-time fee for any course not previously approved by the
                                15   board.
                                16  E.   Within thirty days of application, the board may
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                                17   approve or deny the application of an individual who is not a
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                                18   continuing education provider to offer a particular continuing
                                19   education course; provided that the individual submits:
                                20  (1)   a copy of any relevant license;
                                21  (2)   proof of a minimum of two years'
                                22   experience in the area of instruction;
                                23  (3)   a course syllabus for the proposed course;
                                24  (4)   a resume; and
                                25  (5)   a one-time fee to be determined by the
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                                1    board by rule.
                                2  F.   A license shall be renewed by submitting a
                                3    renewal application on a form provided by the board.
                                4  G.   A sixty-day grace period shall be allowed each
                                5    licensee after the end of the renewal period, during which time
                                6    a license may be renewed upon payment of the renewal fee and a
                                7    late fee as prescribed by the board."
                                8  SECTION 5.    Section 61-12C-18 NMSA 1978 (being Laws 1991,
                                9    Chapter 147, Section 18, as amended) is amended to read:
                                10        "61-12C-18.    INACTIVE STATUS.--
                                11  A.   A massage therapy license not renewed at the end
                                12   of the sixty-day grace period shall be placed on inactive
                                13   status for a period not to exceed two years.    At the end of two
                                14   years, if the license has not been reactivated, it shall
                                15   automatically expire.
                                16  B.   If within a period of two years from the date
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                                17   the massage therapy license was placed on inactive status the
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                                18   licensee wishes to resume practice, the licensee shall notify
                                19   the board in writing, and, upon proof of completion of any
                                20   continuing education or refresher courses prescribed by rule of
                                21   the board and payment of an amount set by the board in lieu of
                                22   all lapsed renewal fees, the license shall be restored in full.
                                23  C.   A massage therapy establishment license not
                                24   renewed at the end of the sixty-day grace period shall be
                                25   placed on inactive status for a period not to exceed two years.
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                                1    At the end of two years, if the license has not been
                                2    reactivated, it shall automatically expire.
                                3  D.   If within a period of two years from the date a
                                4    massage therapy establishment license was placed on inactive
                                5    status pursuant to this section the licensee wishes to resume
                                6    maintenance, management or operation of the massage therapy
                                7    establishment, the licensee shall notify the board in writing,
                                8    and, upon proof of compliance with health and safety standards
                                9    as prescribed by rule of the board, along with payment in an
                                10   amount set by the board in lieu of all lapsed renewal fees, the
                                11   license shall be restored."
                                12        SECTION 6.    Section 61-12C-24 NMSA 1978 (being Laws 1991,
                                13   Chapter 147, Section 24, as amended) is amended to read:
                                14        "61-12C-24.     SUSPENSION, REVOCATION AND REINSTATEMENT OF
                                15   LICENSES.--
                                16  A.   Pursuant to the Uniform Licensing Act, the board
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                                17   may take disciplinary action against an individual licensed
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                                18   pursuant to the Massage Therapy Practice Act.
                                19  B.   The board has authority to take an action set
                                20   forth in Section 61-1-3 NMSA 1978 upon a finding by the board
                                21   that the licensee:
                                22  (1)   is guilty of fraud, deceit or
                                23   misrepresentation;
                                24  (2)   attempted to use as the licensee's own the
                                25   license of another;
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                                1  (3)    allowed the use of the licensee's license
                                2    by another;
                                3  (4)    has been adjudicated as mentally
                                4    incompetent by regularly constituted authorities;
                                5  (5)    has been convicted of a crime that
                                6    substantially relates to the qualifications, functions or
                                7    duties of a massage therapist.     A copy of the record of
                                8    conviction, certified by the clerk of the court entering the
                                9    conviction, is conclusive evidence of conviction;
                                10  (6)    is guilty of unprofessional or unethical
                                11   conduct or a violation of the code of ethics;
                                12  (7)    is habitually or excessively using
                                13   controlled substances or alcohol;
                                14  (8)    is guilty of false, deceptive or
                                15   misleading advertising;
                                16  (9)    is guilty of aiding, assisting or
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                                17   advertising an unlicensed individual in the practice of massage
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                                18   therapy;
                                19  (10)   is grossly negligent or incompetent in
                                20   the practice of massage therapy;
                                21  (11)   has had a license to practice massage
                                22   therapy revoked, suspended or denied in any jurisdiction,
                                23   territory or possession of the United States or another country
                                24   for acts of the licensee similar to acts described in this
                                25   section.    A certified copy of the [record of conviction] order
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                                1    of revocation, suspension or denial shall be conclusive
                                2    evidence of the [conviction; or] revocation, suspension or
                                3    denial;
                                4  (12)   performs massage therapy at or maintains,
                                5    manages or operates a massage therapy establishment that is not
                                6    licensed pursuant to the Massage Therapy Practice Act;
                                7  (13)   refuses to allow an inspection of a
                                8    massage therapy establishment; provided that the board-
                                9    designated official provides proper identification to the
                                10   licensee or operator of the massage therapy establishment; or
                                11  [(12)] (14)   is guilty of failing to comply
                                12   with a provision of the Massage Therapy Practice Act or rules
                                13   of the board adopted pursuant to that act and filed in
                                14   accordance with the State Rules Act.
                                15  C.   Disciplinary proceedings may be instituted by
                                16   sworn complaint of any individual, including members of the
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                                17   board, and shall conform with the provisions of the Uniform
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                                18   Licensing Act.
                                19  D.   The board shall establish the guidelines for the
                                20   disposition of disciplinary cases.       Guidelines may include
                                21   minimum and maximum fines, periods of probation, conditions of
                                22   probation or reissuance of a license.
                                23  E.   Licensees who have been found culpable and
                                24   sanctioned by the board shall be responsible for the payments
                                25   of all costs of the disciplinary proceedings."
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                                1  SECTION 7.     Section 61-12C-24.1 NMSA 1978 (being Laws
                                2    2019, Chapter 40, Section 13) is amended to read:
                                3  "61-12C-24.1.       DENIAL OF LICENSE.--
                                4  A.   Pursuant to the Uniform Licensing Act, the board
                                5    may deny the issuance of a massage therapist license to an
                                6    applicant.
                                7  B.   The board has authority to take an action set
                                8    forth in Section 61-1-3 NMSA 1978 upon a finding by the board
                                9    that the applicant:
                                10  (1)   is guilty of fraud, deceit or
                                11   misrepresentation;
                                12  (2)   attempted to use as the applicant's own
                                13   the license of another;
                                14  (3)   allowed the use by another of the
                                15   applicant's license issued in another jurisdiction;
                                16  (4)   has been adjudicated as mentally
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                                17   incompetent by regularly constituted authorities;
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                                18  (5)   has been convicted of a crime that
                                19   substantially relates to the qualifications, functions or
                                20   duties of a massage therapist.      A copy of the record of
                                21   conviction, certified by the clerk of the court entering the
                                22   conviction, is conclusive evidence of conviction;
                                23  (6)   is guilty of unprofessional or unethical
                                24   conduct or a violation of the code of ethics;
                                25  (7)   is habitually or excessively using
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                                1    controlled substances or alcohol;
                                2  (8)    is guilty of false, deceptive or
                                3    misleading advertising;
                                4  (9)    is guilty of aiding, assisting or
                                5    advertising the practice of massage therapy in New Mexico
                                6    without a New Mexico license;
                                7  (10)   is grossly negligent or incompetent in
                                8    the practice of massage therapy;
                                9  (11)   has had a license to practice massage
                                10   therapy revoked, suspended or denied in any jurisdiction,
                                11   territory or possession of the United States or another country
                                12   for acts of the applicant similar to acts described in this
                                13   section.    A certified copy of the [record of conviction] order
                                14   of revocation, suspension or denial shall be conclusive
                                15   evidence of the [conviction; or] revocation, suspension or
                                16   denial;
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                                17  (12)   has performed massage therapy:
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                                18  (a)   without holding a valid license at
                                19   the time the massage therapy was performed; or
                                20  (b)   at a massage therapy establishment
                                21   that was not licensed at the time the massage therapy was
                                22   performed; or
                                23  (13)   has at any time maintained, managed or
                                24   operated a massage therapy establishment not licensed pursuant
                                25   to the Massage Therapy Practice Act; or
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                                1  [(12)] (14)   is guilty of failing to comply
                                2    with a provision of the Massage Therapy Practice Act or rules
                                3    of the board adopted pursuant to that act and filed in
                                4    accordance with the State Rules Act."
                                5  SECTION 8.    Section 61-12C-27 NMSA 1978 (being Laws 1993,
                                6    Chapter 173, Section 20, as amended) is amended to read:
                                7  "61-12C-27.      OFFENSES--CRIMINAL PENALTIES.--An individual
                                8    who does any of the following is guilty of a misdemeanor and
                                9    shall be sentenced pursuant to Section 31-19-1 NMSA 1978:
                                10  A.   violates a provision of the Massage Therapy
                                11   Practice Act or rules adopted pursuant to that act;
                                12  B.   renders or attempts to render massage therapy
                                13   services without the required current valid license issued by
                                14   the board; [or]
                                15  C.   maintains, manages or operates a massage therapy
                                16   establishment that is not licensed pursuant to the Massage
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                                17   Therapy Practice Act; or
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                                18  [C.] D.    advertises or uses a designation, diploma
                                19   or certificate implying that the individual is a massage
                                20   therapist or massage therapy school unless the individual holds
                                21   a current valid license or registration issued by the board."
                                22        SECTION 9.    A new section of the Massage Therapy Practice
                                23   Act is enacted to read:
                                24        "[NEW MATERIAL] MASSAGE THERAPY ESTABLISHMENT--LICENSE--
                                25   REQUIREMENTS.--
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                                1  A.   The board shall establish by rule procedures for
                                2    the licensure of massage therapy establishments and shall issue
                                3    licenses to massage therapy establishments that meet the
                                4    requirements of the Massage Therapy Practice Act and rules
                                5    adopted by the board pursuant to that act.
                                6  B.   The board shall establish minimum health and
                                7    safety standards for massage therapy establishments."
                                8  SECTION 10.     A new section of the Massage Therapy Practice
                                9    Act is enacted to read:
                                10        "[NEW MATERIAL] MASSAGE THERAPY ESTABLISHMENT--LICENSE
                                11   RENEWAL--SUSPENSION--REVOCATION--APPLICABILITY.--
                                12  A.   On or after January 1, 2027, a person shall not
                                13   maintain, manage or operate a massage therapy establishment
                                14   unless the establishment is a licensed massage therapy
                                15   establishment.
                                16  B.   Massage therapy establishment licenses shall
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                                17   expire biennially.    Expiration dates shall be established by
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                                18   rule of the board.
                                19  C.   A license shall be renewed by submitting a
                                20   renewal application on a form provided by the board.
                                21  D.   A sixty-day grace period shall be allowed each
                                22   licensee after the end of the renewal period, during which time
                                23   a license may be renewed upon payment of the renewal fee and a
                                24   late fee as prescribed by the board.
                                25  E.   Proceedings to determine whether to suspend or
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                                1    revoke the license of a massage therapy establishment may be
                                2    instituted by sworn complaint of any individual, including a
                                3    member of the board, and shall conform with the provisions of
                                4    the Uniform Licensing Act."
                                5  SECTION 11.   EFFECTIVE DATE.--The effective date of the
                                6    provisions of this act is July 1, 2026.
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