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 pursuant to N.M. Stat. Ann. Chapter 61 unless that individual:

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A. engages in any activity prohibited in Section 4 [61-35-4 N.M. Stat. Ann.] of the Unlicensed Health Care Practice Act; or

B. fails to fulfill the duties set forth in Section 5 [61-35-5 N.M. Stat. Ann.] of the Unlicensed Health Care Practice Act.