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State Laws for Ministers
New Mexico

Marriage
Chapter 40
40-1-1. [Marriage is civil contract requiring consent of parties.] Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential.

40-1-2. Clergymen or civil magistrates may solemnize; fees. A. A person may solemnize the contract of matrimony by means of an ordained clergyman or authorized representative of a federally recognized Indian tribe, without regard to the sect to which he may belong or the rites and customs he may practice.

40-1-3. Ceremony by religious society.
It is lawful for any religious society or federally recognized Indian tribe to celebrate marriage conformably with its rites and customs, and the secretary of the society or the person presiding over the society or federally recognized Indian tribe shall make and transmit a transcript to the county clerk certifying to the marriages solemnized.

40-1-4. [Lawful marriages without the state recognized.] All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.

40-1-8. [Contracting or performing ceremony for unlawful marriage; penalty.]
If any person prohibited from contracting marriage by the foregoing sections, shall violate the provisions thereof by contracting marriage contrary to the provisions of said sections, he or they shall be punished by fine on conviction thereof, in any sum not less than fifty dollars [($50.00)]; and every person authorized under the laws of this state to celebrate marriages, who shall unite in wedlock any of the persons whose marriage is declared invalid by the previous sections of this chapter, on conviction thereof, shall be fined in any sum not less than fifty dollars [($50.00)].

40-1-10. License required; county clerk.
Each couple desiring to marry in New Mexico shall obtain a license from a county clerk and file the same for recording in the county issuing the license, following the marriage ceremony.

40-1-14. [Production of license and proof of legal qualifications.]
All persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk authorizing said marriage. Nothing in this chapter shall excuse any person from exercising the same care in satisfying himself as to the legal qualifications of any parties desiring him to perform the marriage ceremony, now required of him by law, in addition to the authority conferred by the license aforesaid.

40-1-15. [Certification of marriages; recording and indexing.] It shall be the duty of all persons performing the marriage ceremony in this state as herein provided, to certify said marriage to the county clerk within ninety days from the date of marriage. The county clerk shall immediately upon receipt of said certificate cause the same to be properly recorded and indexed in a permanent record book kept for that purpose as a part of the county records.

Counseling/healing
Chapter 28 Human rights
28-22-2A. free exercise of religion" means an act or a refusal to act that is substantially motivated by religious belief;

ARTICLE 9 Psychologists
61-9-16. Scope of act. (Repealed effective July 1, 2010.).
A. Nothing in the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978] shall be construed to limit:
E. Nothing in the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978] shall be construed to prevent an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice. F. Specifically exempted from the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978] are:
(3) duly ordained, commissioned or licensed ministers of a church; lay pastoral-care assistants; science of mind practitioners providing uncompensated counselor or therapist services on behalf of a church; and Christian science practitioners;
      (7) practitioners of Native American healing arts.

ARTICLE 9A Counseling and Therapy 61-9A-6. Exemptions. (Repealed effective July 1, 2016.) A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:
      (2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice. B. Specifically exempted from the Counseling and Therapy Practice Act are:
      (3) duly ordained, commissioned or licensed ministers of a church providing pastoral services on behalf of a church

ARTICLE 12C Massage Therapy Practice 61-12C-5.1. Exemptions. (Repealed effective July 1, 2016.)
Nothing in the Massage Therapy Practice Act [Chapter 61, Article 12C NMSA 1978] shall be construed to prevent:
A. qualified members of other recognized professions that are licensed or regulated under New Mexico law from rendering services within the scope of their license or regulation; provided they do not represent themselves as massage therapists;
D. sobadores; Hispanic traditional healers; Native American healers; reflexologists whose practices are limited to hands, feet and ears; or other healers who do not manipulate the soft tissues for therapeutic purposes from practicing those skills.

ARTICLE 14A Acupuncture and Oriental Medicine Practice 61-14A-6. Exemptions. (Repealed effective July 1, 2018.)
A. Nothing in the Acupuncture and Oriental Medicine Practice Act [Chapter 61, Article 14A NMSA 1978] is intended to limit, interfere with or prevent
B. The Acupuncture and Oriental Medicine Practice Act [Chapter 61, Article 14A NMSA 1978] shall not apply to or affect the following practices if the person does not hold himself out as a doctor of oriental medicine or as practicing acupuncture or oriental medicine:
      (1) the administering of gratuitous services in cases of emergency;
      (2) the domestic administering of family remedies;
      (3) the counseling about or the teaching and demonstration of breathing and exercise techniques;
      (4) the counseling or teaching about diet and nutrition;
      (5) the spiritual or lifestyle counseling of a person or spiritual group or the practice of the religious tenets of a church;
      (6) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements;


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