46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO LICENSING; ADMINISTRATIVELY ATTACHING CERTAIN PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO THE REGULATION AND LICENSING DEPARTMENT; LIMITING THE HIRING OF STAFF, AGENTS AND ATTORNEYS OF CERTAIN PROFESSIONAL AND OCCUPATIONAL BOARDS; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-2-5 NMSA 1978 (being Laws 1973, Chapter 353, Section 4, as amended) is amended to read:
"61-2-5. BOARD CREATED--TERMS--APPOINTMENT--CONTINUANCE--REMOVAL.--
A. There is created a six-member "board of
optometry" [composed]. The board shall be administratively
attached to the regulation and licensing department. The board
consists of four persons who have resided in and have been
continuously engaged in the practice of optometry in New Mexico
for at least five years immediately prior to their appointment
and two persons who shall represent the public. The public
members of the board shall not have been licensed as [an
optometrist] optometrists, nor shall the public members have
any significant financial interest, whether direct or indirect,
in the occupation regulated.
B. Professional members of the board shall be
appointed by the governor from a list of five names for each
vacancy submitted to him by the state organization affiliated
with the American optometric association. Not more than one
professional board member shall maintain his place of business
or reside in any one county, and professional appointments
shall be made on a geographical basis to effect representation
of all areas of the state. Board members shall be appointed
for staggered terms of five years or less, each. The [terms]
term of each board member shall be made in such a manner that
the term of one board member ends on June 30 of each year.
Board members shall serve until their successors have been
appointed and qualified. A professional member vacancy shall
be filled for the unexpired term by the appointment by the
governor of a licensed optometrist from the general area of the
state represented by the former member. All members of the
board of optometry in office on the effective date of the
Optometry Act shall serve out their unexpired terms.
C. The governor may remove [any] a member from the
board for the neglect of [any] a duty required by law, for
incompetence, for improper or unprofessional conduct as defined
by board regulation or for [any] a reason that would justify
the suspension or revocation of his license to practice
optometry.
D. [No] A board member shall not serve more than
two consecutive terms, and [any] a member failing to attend,
after proper notice, three consecutive meetings shall
automatically be removed as a board member unless excused for
reasons set forth in board regulations.
E. In the event of a vacancy for any reason, the board secretary shall immediately notify the governor, the board members and the state optometric association of the vacancy, the reason for its occurrence and the action taken by the board, so as to expedite the appointment of a new board member."
Section 2. Section 61-2-6 NMSA 1978 (being Laws 1973, Chapter 353, Section 5, as amended) is amended to read:
"61-2-6. ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--
A. The board shall annually elect a chairman, a
vice chairman and a secretary-treasurer; each [of whom] shall
serve until his successor is elected and qualified.
B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may be called by the chairman and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.
C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.
D. The board shall:
(1) administer and enforce the provisions of the Optometry Act;
(2) adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules and regulations for the implementation and enforcement of the provisions of the Optometry Act;
(3) adopt and use a seal;
(4) administer oaths and take testimony on
[any] matters within the board's jurisdiction;
(5) keep an accurate record of [all its]
meetings, receipts and disbursements;
(6) keep a record of [all] examinations held,
together with the names and addresses of [all] persons taking
the examinations and the examination results. Within thirty
days after [any] an examination, the board shall give written
notice to each applicant examined of the results of the
examination as to the respective applicant;
(7) certify as passing each applicant who
obtains a grade of at least seventy-five percent on each
subject upon which he is examined; providing that [any] an
applicant failing may apply for re-examination at the next
scheduled examination date;
(8) keep a book of registration in which the
name, address and license number of [all] licensees shall be
recorded, together with a record of [all] license renewals,
suspensions and revocations;
(9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Optometry Act;
(10) develop and administer qualifications for certification for the use of topical ocular pharmaceutical agents and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use topical ocular pharmaceutical agents and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978; and
(11) provide for the suspension of an
optometrist's license for sixty days upon a determination of
use of pharmaceutical agents without prior certification in
accordance with Section 61-2-10 NMSA 1978, after proper notice
and an opportunity to be heard before the board [and
(12) have the power to employ agents or
attorneys]."
Section 3. Section 61-4-3 NMSA 1978 (being Laws 1968, Chapter 3, Section 3, as amended) is amended to read:
"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--COMPENSATION.--
A. There is created the "chiropractic board". The
board shall be administratively attached to the regulation and
licensing department. The board shall consist of six persons.
Four shall have been continuously engaged in the practice of
chiropractic in New Mexico for five years immediately prior to
their appointment. Two persons shall represent the public and
shall not have practiced chiropractic in this state or any
other jurisdiction. [No] A person shall not be appointed to
the board who is an officer or employee of or who is
financially interested in any school or college of
chiropractic, medicine, surgery or osteopathy.
B. Members of the board shall be appointed by the
governor for staggered terms [one of the members shall be
appointed for a term ending July 1, 1980, one for a term ending
July 1, 1981, one for a term ending July 1, 1982, one for a
term ending July 1, 1983 and one for a term ending July 1,
1984. Thereafter, appointments shall be made for terms] of
five years or less and [be made] in [such] a manner that the
term of one board member expires on July 1 of each year. A
list of five names for each professional member vacancy shall
be submitted by the New Mexico chiropractic [associations]
association to the governor for his consideration in the
appointment of board members. A vacancy shall be filled by
appointment for the unexpired term. Board members shall serve
until their successors have been appointed and qualified.
C. The board shall annually elect a chairman and a
secretary-treasurer. A majority of the board constitutes a
quorum. The board shall meet quarterly. Special meetings may
be called by the chairman and shall be called upon the written
request of two members of the board. Notification of special
meetings shall be made by certified mail unless such notice is
waived by the entire board and the action noted in the minutes.
Notice of all regular meetings shall be made by regular mail at
least ten days prior to the meeting, and copies of the minutes
of all meetings shall be mailed to each board member within
thirty days after [any] a meeting.
D. [Any] A board member failing to attend three
consecutive meetings, either regular or special, shall
automatically be removed as a member of the board.
E. The board shall adopt a seal.
F. The board shall promulgate and file, in accordance with the State Rules Act, all rules and regulations necessary for the implementation and enforcement of the provisions of the Chiropractic Physician Practice Act, including educational requirements for a chiropractic assistant.
G. The board shall cause examinations to be held at least twice a year, and all applicants shall be notified in writing of each examination.
H. The board, for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness, shall establish by regulations adopted in accordance with the provisions of the Uniform Licensing Act mandatory continuing education requirements for chiropractors licensed in this state.
I. Failure to comply with the rules and regulations adopted by the board shall be grounds for investigation, which may lead to revocation of license.
J. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance for each day necessarily spent in the discharge of their duties."
Section 4. Section 61-5A-8 NMSA 1978 (being Laws 1994, Chapter 55, Section 8) is amended to read:
"66-5A-8. BOARD CREATED.--
A. There is created the nine-member "New Mexico board of dental health care". The board shall be administratively attached to the regulation and licensing department. The board shall consist of five dentists, two dental hygienists and two public members. The dentists shall be actively practicing and have been licensed practitioners and residents of New Mexico for a period of five years preceding the date of appointment. The dental hygienist members shall be members of the committee and shall be elected annually to sit on the board by those sitting on the committee. The appointed public members shall be residents of New Mexico and shall have no financial interest, direct or indirect, in the professions regulated in the Dental Health Care Act.
B. The governor may appoint the dentist members
from a list of names submitted by the New Mexico dental
association. There shall be one member from each district.
All board members shall serve until their successors have been
appointed. [No] A member shall not be employed by or receive
remuneration from a dental or dental hygiene educational
institution.
C. Appointments for dentists and public members shall be for terms of five years. Dentists' appointments shall be made so that the term of one dentist member expires on July 1 of each year. Public members' five-year terms begin at the date of appointment.
D. [Any] A board member failing to attend three
board or committee meetings, either regular or special, during
the board member's term shall automatically be removed as a
member of the board unless excused from attendance by the board
for good cause shown.
E. [No] A board member shall not serve more than
two full terms.
F. In the event of [any] a vacancy, the secretary
of the board shall immediately notify the governor, the board
and [the] committee members and the New Mexico dental
association of the reason for its occurrence and action taken
by the board, so as to expedite appointment of a new board
member.
G. The board shall meet quarterly every year. The board may also hold special meetings and emergency meetings in accordance with rules of the board upon written notice to all members of the board and committee.
H. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance; however, the secretary-treasurer may be compensated at the discretion of the board.
I. A simple majority of the board members currently serving shall constitute a quorum, provided at least two of that quorum are not dentist members and three are dentist members.
J. The board shall elect officers annually as deemed necessary to administer its duties and as provided in its rules and regulations."
Section 5. Section 61-5A-9 NMSA 1978 (being Laws 1994, Chapter 55, Section 9) is amended to read:
"61-5A-9. COMMITTEE CREATED.--
A. There is created the seven-member "New Mexico
dental hygienists committee". The committee shall be
administratively attached to the regulation and licensing
department. The committee shall consist of five dental
hygienists, one dentist and one public member. The dental
hygienists [must] shall be actively practicing and have been
licensed practitioners and residents of New Mexico for a period
of five years preceding the date of their appointment. The
dentist and public member shall be members of the board and
shall be elected annually to sit on the committee by those
members sitting on the board.
B. The governor may appoint the dental hygienists
from a list of names submitted by the New Mexico dental
[hygienists'] hygienists association. There may be one member
from each district. The list submitted shall consist, whenever
possible, of names of dental hygienists in the district being
considered but may also include names of dental hygienists
at-large. No more than two dental hygienists shall serve from
the same district at one time. [All] Members shall serve until
their successors have been appointed. [No] A member shall not
be employed by or receive remuneration from a dental or dental
hygiene educational institution.
C. Appointments for dental hygienist members shall be for terms of five years. Appointments shall be made so that the term of one dental hygienist expires on July 1 of each year.
D. [Any] A committee member failing to attend three
committee or board meetings, either regular or special, during
the committee member's term shall automatically be removed as a
member of the committee unless excused from attendance by the
committee for good cause shown. Members of the committee not
sitting on the board shall not be required to attend board
disciplinary hearings.
E. [No] A committee member shall not serve more
than two full terms.
F. In the event of [any] a vacancy, the secretary
of the committee shall immediately notify the governor, the
committee and board members and the New Mexico dental
[hygienists'] hygienists hygienists association of the reason
for its occurrence and action taken by the committee, so as to
expedite appointment of a new committee member.
G. The committee shall meet quarterly every year.
The committee may also hold special meetings and emergency
meetings in accordance with the committee rules [and
regulations] upon written notification to all members of the
committee and the board.
H. Members of the committee shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
I. A simple majority of the committee members currently serving shall constitute a quorum, provided at least one of that quorum is not a hygienist member.
J. The committee shall elect officers annually as deemed necessary to administer its duties and as provided in the committee rules and regulations."
Section 6. Section 61-5A-10 NMSA 1978 (being Laws 1994, Chapter 55, Section 10) is amended to read:
"61-5A-10. POWERS AND DUTIES OF THE BOARD AND
COMMITTEE.--In addition to any other authority provided by law,
the board, [or] and the committee where designated, shall have
the power to:
A. enforce and administer the provisions of the Dental Health Care Act;
B. adopt, publish, [and] file and revise, in
accordance with the Uniform Licensing Act and the State Rules
Act, all rules [and regulations] as may be necessary to:
(1) regulate the examination and licensure of dentists and, through the committee, regulate the examination and licensure of dental hygienists;
(2) provide for the examination and certification of dental assistants by the board;
(3) provide for the regulation of dental technicians by the board; and
(4) regulate the practice of dentistry, dental assisting and, through the committee, regulate the practice of dental hygiene;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the board or the committee, as appropriate;
E. keep an accurate record of all meetings, receipts and disbursements;
F. grant, deny, review, suspend and revoke licenses and certificates to practice dentistry, dental assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation dentists, dental assistants and, through the committee, dental hygienists, in accordance with the Uniform Licensing Act for any cause stated in the Dental Health Care Act;
G. maintain records in which the name, address and
license number of [all] licensees shall be recorded, together
with a record of [all] license renewals, suspensions,
revocations, probations, stipulations, censures, reprimands and
fines;
[H. hire staff and administrators as necessary to
carry out the provisions of the Dental Health Care Act;
I.] H. establish ad hoc committees whose members
shall be appointed by the chairman with the advice and consent
of the board or committee, as it deems necessary for carrying
on its business;
[J.] I. have the authority to pay per diem and
mileage to individuals who are appointed by the board or the
committee to serve on ad hoc committees;
[K.] J. have the authority to hire or contract with
investigators to investigate possible violations of the Dental
Health Care Act;
[L. have the authority to hire an attorney to give
advice and counsel in regard to any matter connected with the
duties of the board and the committee, to represent the board
or the committee in any legal proceedings and to aid in the
enforcement of the laws in relation to the Dental Health Care
Act and to fix the compensation to be paid to such attorney;
provided, however, such attorney shall be compensated from the
funds of the board;
M.] K. have the authority to issue investigative
subpoenas prior to the issuance of a notice of contemplated
action for the purpose of investigating complaints against
dentists, dental assistants and, through the committee, dental
hygienists licensed under the Dental Health Care Act; and
[N.] L. establish continuing education or continued
competency requirements for dentists, certified dental
assistants in expanded functions, dental technicians and,
through the committee, dental hygienists."
Section 7. Section 61-8-5 NMSA 1978 (being Laws 1977, Chapter 221, Section 5, as amended) is amended to read:
"61-8-5. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL.--
A. There is created a "board of podiatry". The board shall be administratively attached to the regulation and licensing department. The board shall consist of five members, three of whom shall be podiatrists licensed to practice in New Mexico who have been actively engaged in the practice of podiatry for at least three consecutive years immediately prior to their appointments and two members who shall represent the public and who shall not have been licensed as podiatrists, nor shall the public members have any significant financial interest, whether direct or indirect, in the occupation regulated.
B. Members of the board required to be licensed
podiatrists shall be appointed by the governor. Board members
shall be appointed for staggered terms of five years each, made
in [such] a manner that the terms of not more than two board
members end on December 31 of each year commencing with 1978.
Board members shall serve until their successors have been
appointed and qualified. A vacancy shall be filled for the
unexpired term by appointment by the governor. [All members of
the state board of podiatry in office on the effective date of
the Podiatry Act shall serve out their unexpired terms.]
C. The governor may remove [any] a member from the
board for neglect of [any] a duty required by law, for
incompetence, for improper or unprofessional conduct as defined
by board rule or for any reason that would justify the
suspension or revocation of his license to practice podiatry.
D. [No] A board member shall not serve more than
two consecutive full terms, and [any] a member failing to
attend, after proper notice, three consecutive meetings shall
automatically be removed as a board member unless excused for
reasons set forth in board rules.
E. In the event of a vacancy [for any reason], the
secretary of the board shall immediately notify the governor
and the board members of the vacancy, the reason for its
occurrence and the action taken by the board, so as to expedite
the appointment of a new board member."
Section 8. Section 61-8-6 NMSA 1978 (being Laws 1977, Chapter 221, Section 6, as amended) is amended to read:
"61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--
A. The board shall hold a regular meeting at least annually and shall elect annually a chairman, vice chairman and secretary-treasurer from its membership, each of whom shall serve until his successor is selected and qualified.
B. The board shall hold a minimum of one examination for licensure each year in the month of June or July at a place and at a time designated by the board. Notice of the examination shall be given to all applicants at least thirty days prior to the date of the examination.
C. Special meetings may be called by the chairman and shall be called upon the written request of any three board members. Notice of all meetings shall be made in conformance with the Open Meetings Act.
D. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
E. The board shall:
(1) administer and enforce the provisions of the Podiatry Act;
(2) adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Podiatry Act;
(3) adopt and use a seal;
(4) conduct hearings, administer oaths and take testimony on any matters within the board's jurisdiction;
(5) keep an accurate record of [all] its
meetings, receipts and disbursements;
(6) keep a record of [all] licensure
examinations held, together with the names and addresses of
[all] persons taking the examinations and the examination
results. Within forty-five days after any examination, the
board shall give written notice to each applicant examined of
the results of the examination as to the respective applicant;
(7) certify as passing each applicant who obtains a passing score, as defined by board rule, on examinations administered or approved by the board;
(8) keep records of registration in which the
name, address and license number of [all] licensed podiatrists
are recorded, together with a record of [all] license renewals,
suspensions and revocations;
(9) grant, deny, renew, suspend or revoke licenses to practice podiatry or take other actions provided in Section 61-1-3 NMSA 1978 in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Podiatry Act;
(10) adopt and promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry;
(11) adopt and promulgate rules and prepare and administer examinations for the licensure and regulation of podiatric assistants as are necessary to protect the public. The rules shall include definitions and limitations on the practice of podiatric assistants, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of podiatric assistants and provisions for the suspension or revocation of licenses;
(12) determine by rule all qualifications and requirements for applicants seeking licensure as podiatrists or podiatric assistants; and
(13) adopt rules and prepare and administer
examinations for applicants seeking licensure as foot and ankle
radiation technologists [and
(14) have the power to employ agents or
attorneys]."
Section 9. Section 61-9-5 NMSA 1978 (being Laws 1989, Chapter 41, Section 5, as amended by Laws 1996, Chapter 51, Section 6 and also by Laws 1996, Chapter 54, Section 3) is amended to read:
"6l-9-5. STATE BOARD OF EXAMINERS--PSYCHOLOGY FUND.--
A. There is created a "New Mexico state board of
psychologist examiners" [consisting]. The board shall be
administratively attached to the regulation and licensing
department. The board shall consist of eight members appointed
by the governor who are residents of New Mexico and who shall
serve for three-year staggered terms. The members shall be
appointed as follows:
(1) four members shall be professional members who are licensed under the Professional Psychologist Act as psychologists. The governor shall appoint the professional members from a list of names nominated by the New Mexico psychological association, the state psychologist association and the New Mexico school psychologist association;
(2) one member shall be licensed under the Professional Psychologist Act as a psychologist or psychologist associate; and
(3) three members shall be public members who are laymen and have no significant financial interest, direct or indirect, in the practice of psychology.
B. [Each] A member shall hold office until the
expiration of his appointed term or until a successor is duly
appointed. When the term of [each] a member ends, the governor
shall appoint his successor for a term of three years. [Any] A
vacancy occurring in the board membership other than by
expiration of term shall be filled by the governor by
appointment for the unexpired term of the member. The governor
may remove [any] a board member for misconduct, incompetency or
neglect of duty.
C. All money received by the board shall be credited to the "psychology fund". Money in the psychology fund at the end of the fiscal year shall not revert to the general fund and shall be used in accordance with the provisions of the Professional Psychologist Act. The members of the board may be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."
Section 10. Section 61-9-6 NMSA 1978 (being Laws 1963, Chapter 92, Section 5, as amended by Laws 1996, Chapter 51, Section 7 and also by Laws 1996, Chapter 54, Section 4) is amended to read:
"61-9-6. BOARD--MEETING--POWERS.--
A. The board shall, annually in the month of July,
hold a meeting and elect from its membership a chairman, vice
chairman and secretary-treasurer. The board shall meet at
[such] other times as it deems necessary or advisable or as
deemed necessary and advisable by the chairman or a majority of
its members or the governor. Reasonable notice of all meetings
shall be given in the manner prescribed by the board. A
majority of the board constitutes a quorum at [any] a meeting
or hearing.
B. The board is authorized to:
(1) adopt and from time to time revise such
rules and regulations not inconsistent with the law as may be
necessary to carry into effect the provisions of the
Professional Psychologist Act. [Such] The rules and
regulations shall include [but not be limited to] a code of
conduct for psychologists and psychologist associates in the
state;
[(2) employ, within the funds available, an
administrator and other personnel necessary for the proper
performance of its work under the Professional Psychologist
Act;
(3)] (2) adopt a seal, and the administrator
shall have the care and custody of the seal;
[(4)] (3) examine for, approve, deny, revoke,
suspend and renew the licensure of psychologist and
psychologist associate applicants as provided in the
Professional Psychologist Act;
[(5)] (4) conduct hearings upon complaints
concerning the disciplining of a psychologist or psychologist
associate; and
[(6)] (5) cause the prosecution and enjoinder
of [all] persons violating the Professional Psychologist Act
and incur necessary expenses therefor.
C. Within sixty days after the close of each fiscal
year, the board shall submit a written [or printed] report,
reviewed and signed by the board members, to the governor
concerning the work of the board during the preceding fiscal
year. The report shall include the names of [all]
psychologists and psychologist associates to whom licenses have
been granted; [any] cases heard and decisions rendered in
relation to the work of the board; the recommendations of the
board as to future policies; [the names, remuneration and
duties of any employees of the board] and an account of all
money received and expended by the board."
Section 11. Section 61-10-5 NMSA 1978 (being Laws 1933, Chapter 117, Section 4, as amended) is amended to read:
"61-10-5. BOARD OF EXAMINERS--APPOINTMENT--TERMS--MEETINGS--MEMBERSHIP--EXAMINATIONS.--
A. There is created the "board of osteopathic medical examiners". The board shall be administratively attached to the regulation and licensing department. The board consists of five members appointed by the governor; three members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two members shall represent the public. The public members of the board shall not have been licensed as osteopathic physicians, nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated.
B. Board members' terms shall be for five years.
The vacancy of the term of [any] a member shall be filled by
appointment by the governor to the unexpired portion of the
five-year term. A board member whose term has expired shall
serve until his successor is appointed.
C. The board shall meet during the first quarter of the fiscal year and shall elect officers for the ensuing fiscal year. The board may hold other meetings as it deems necessary. A majority of the board constitutes a quorum.
D. The board shall have and use a common seal and is authorized to make and adopt all necessary rules and regulations relating to the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978.
E. Examinations shall be made at least twice a year at the time and place fixed by the board. All applicants shall be given written notice of examinations at a reasonable prior date.
F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.
G. [Any] A board member failing to attend three
consecutive meetings, either regular or special, shall
automatically be removed as a member of the board."
Section 12. Section 61-11-4 NMSA 1978 (being Laws 1969, Chapter 29, Section 3, as amended) is amended to read:
"61-11-4. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL.--
A. There is created the "board of pharmacy". The board shall be administratively attached to the regulation and licensing department. The board consists of nine members, each of whom shall be a citizen of the United States and a resident of New Mexico.
B. Five members shall be pharmacists appointed by
the governor for staggered terms of five years each from lists
submitted to the governor by the New Mexico pharmaceutical
association, which lists contain the names of two pharmacists
residing in each of the five pharmacy districts. [One of the
pharmacist members shall be appointed for a term ending July 1,
1970 and one pharmacist member shall be appointed for a term
ending on July 1 of each of the following four years.
Thereafter] Appointments of pharmacist members shall be made
for five years or less each and made in such a manner that the
term of one pharmacist member expires on July 1 of each year.
One pharmacist member shall be appointed from each pharmacy
district. [Each] A pharmacist member of the board shall have
been actively engaged in the pharmaceutical profession in this
state for at least three years immediately prior to his
appointment and shall have had a minimum of eight years of
practical experience as a pharmacist. A vacancy shall be
filled by appointment by the governor for the unexpired term
from lists submitted by the New Mexico pharmaceutical
association to the governor. Pharmacist members shall reside
in the district from which they are appointed.
C. Three members of the board shall be appointed by
the governor to represent the public. The public members of
the board shall not have been licensed as pharmacists or have
any significant financial interest, whether direct or indirect,
in the profession regulated. A vacancy in a public member's
term shall be filled by appointment by the governor for the
unexpired term. Initial appointments of public members shall
be made for staggered terms of five years or less [each] and
made in such a manner that not more than two public members'
terms shall expire on July 1 of each year.
D. One member of the board shall be a pharmacist appointed at large from a list submitted to the governor by the New Mexico society of health systems pharmacists. The member shall be appointed by the governor to a term of five years. A vacancy in the member's term shall be filled by appointment by the governor for the unexpired term from a list submitted to the governor by the New Mexico society of health systems pharmacists.
E. There are created five pharmacy districts as follows:
(1) northeast district, which shall be composed of the counties of Colfax, Guadalupe, Harding, Los Alamos, Mora, Quay, Rio Arriba, Sandoval, San Miguel, Santa Fe, Taos, Torrance and Union;
(2) northwest district, which shall be composed of the counties of McKinley, San Juan, Valencia and Cibola;
(3) central district, which shall be composed of the county of Bernalillo;
(4) southeast district, which shall be composed of the counties of Chaves, Curry, De Baca, Eddy, Lea and Roosevelt; and
(5) southwest district, which shall be composed of the counties of Catron, Dona Ana, Grant, Hidalgo, Lincoln, Luna, Otero, Sierra and Socorro.
F. [No] A board member shall not serve more than
two full terms, consecutive or otherwise.
G. [Any] A board member failing to attend three
consecutive regular meetings is automatically removed as a
member of the board.
H. The governor may remove [any] a member of the
board for neglect of [any] a duty required by law, for
incompetency or for unprofessional conduct and shall remove
[any] a board member who violates [any] a provision of the
Pharmacy Act."
Section 13. Section 61-12A-8 NMSA 1978 (being Laws 1996, Chapter 55, Section 8) is amended to read:
"61-12A-8. BOARD CREATED.--
A. The "board of examiners for occupational therapy" is created.
B. The board shall be administratively attached to the regulation and licensing department.
[B.] C. The board shall consist of five members
appointed by the governor who have been residents of the state
for two years preceding the appointment.
[C.] D. Three members shall be licensed under the
provisions of the Occupational Therapy Act; have a minimum of
five years' professional experience, with two years' experience
in New Mexico; and have not had their licenses suspended or
revoked by this or any other state. One of the professional
members may be a certified occupational therapy assistant; and
one of the professional members may be a retired registered
occupational therapist.
[D.] E. Two members shall represent the public.
The two public members shall have no direct interest in the
profession of occupational therapy. The public members shall
not:
(1) have been convicted of a felony;
(2) be habitually intemperate or be addicted
to the use of habit-forming drugs or be addicted to [any] a
vice to such a degree as to render him unfit to fulfill his
board duties and responsibilities; or
(3) be guilty of [any] a violation of the
Controlled Substances Act.
[E.] F. Appointments shall be made for staggered
terms of three years with no more than two terms ending at any
one time. [No] A board member shall not serve more than two
consecutive terms. Vacancies shall be filled for the unexpired
term by appointment by the governor prior to the next scheduled
board meeting.
[F. No] G. An individual member of the board [is]
shall not be liable in a civil or criminal action for [any] an
act performed in good faith in the execution of his duties as a
member of the board.
[G.] H. Members of the board shall be reimbursed
for per diem and travel expenses as provided in the Per Diem
and Mileage Act and shall receive no other compensation,
perquisite or allowance.
[H.] I. A simple majority of the board members
currently serving shall constitute a quorum of the board for
the conduct of business.
[I.] J. The board shall meet at least four times a
year and at [such] other times as it deems necessary.
Additional meetings may be convened at the call of the
president of the board or on the written request of any two
board members to the president. Meetings of the board shall be
conducted in accordance with the provisions of the Open
Meetings Act.
[J. Any] K. A member failing to attend three
consecutive meetings, unless excused as provided by board
policy, shall automatically be recommended for removal as a
member of the board.
[K.] L. At the beginning of each fiscal year, the
board shall elect a president, vice president and [a]
secretary-treasurer."
Section 14. Section 61-12A-9 NMSA 1978 (being Laws 1996, Chapter 55, Section 9) is amended to read:
"61-12A-9. BOARD--POWERS AND DUTIES.--
A. The board shall:
(1) adopt, file, amend or repeal rules and regulations in accordance with the Uniform Licensing Act to carry out the provisions of the Occupational Therapy Act;
(2) use funds for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act;
(3) adopt a code of ethics;
(4) enforce the provisions of the Occupational Therapy Act to protect the public by conducting hearings on charges relating to the discipline of licensees, including the denial, suspension or revocation of a license;
(5) establish and collect fees;
(6) provide for examination for and issuance, renewal and reinstatement of licenses;
(7) establish, impose and collect fines for violations of the Occupational Therapy Act;
(8) appoint a registrar to keep records and minutes necessary to carry out the functions of the board; and
(9) obtain the legal assistance of the attorney general.
B. The board may:
[(1) hire or contract with an attorney to give
advice and counsel in regard to any matter connected with the
duties of the board, to represent the board in any legal
proceedings and to aid in the enforcement of the Occupational
Therapy Act. The board shall set the compensation of the
attorney to be paid from the funds of the board;
(2)] (1) issue investigative subpoenas for the
purpose of investigating complaints against licensees prior to
the issuance of a notice of contemplated action;
[(3)] (2) hire or contract with an
investigator to investigate complaints that have been filed
with the board. The board shall set the compensation of the
investigator to be paid from the funds of the board;
[(4)] (3) inspect establishments; and
[(5)] (4) designate hearing officers."
Section 15. Section 61-12A-10 NMSA 1978 (being Laws 1996, Chapter 55, Section 10) is amended to read:
"61-12A-10. BOARD--ADMINISTRATIVE PROCEDURES.--
[A. The board may employ and discharge such
employees as it deems necessary and shall determine their
duties and set their compensation.
B.] The board shall appoint a registrar who is
either the board member elected as the secretary-treasurer or
such other person as the board may designate who is an employee
of [the board or] the state. The registrar of the board may
receive reimbursement for necessary expenses incurred in
carrying out his duties [and, if he is an employee, such
compensation as the board may set]. The registrar shall keep a
written record in which shall be registered the name, license
number, date of license issuance, current address, record of
annual license fee payments, minutes and any other data as the
board deems necessary regarding licensees."
Section 16. Section 61-12B-5 NMSA 1978 (being Laws 1984, Chapter 103, Section 5, as amended) is amended to read:
"61-12B-5. ADVISORY BOARD CREATED.--
A. The superintendent shall appoint an "advisory board of respiratory care practitioners" consisting of five members as follows:
(1) one physician licensed in New Mexico who is knowledgeable in respiratory care;
(2) two respiratory care practitioners who are residents of New Mexico, licensed by the department and in good standing. At least one of the respiratory care practitioners shall have been actively engaged in the practice of respiratory care for at least five years immediately preceding appointment or reappointment; and
(3) two public members who are residents of New Mexico. A public member shall not have been licensed as a respiratory care practitioner nor shall he have any financial interest, direct or indirect, in the occupation to be regulated.
B. The board shall be administratively attached to the department.
[B.] C. A member shall serve no more than two
consecutive three-year terms.
[C.] D. A member of the board shall receive per
diem and mileage as provided for nonsalaried public officers in
the Per Diem and Mileage Act and shall receive no other
compensation, perquisite or allowance in connection with the
discharge of his duties as a board member.
[D.] E. A member failing to attend three
consecutive regular and properly noticed meetings of the board
without a reasonable excuse shall be automatically removed from
the board.
[E.] F. In the event of a vacancy, the board shall
immediately notify the superintendent of the vacancy. Within
ninety days of receiving notice of a vacancy, the
superintendent shall appoint a qualified person to fill the
remainder of the unexpired term.
[F.] G. A majority of the board members currently
serving constitutes a quorum of the board.
[G.] H. The board shall meet at least twice a year
and at such other times as it deems necessary.
[H.] I. The board shall annually elect officers as
deemed necessary to administer its duties."
Section 17. Section 61-12D-4 NMSA 1978 (being Laws 1997, Chapter 89, Section 4) is amended to read:
"61-12D-4. BOARD CREATED.--
A. The "physical therapy board" is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of five members appointed by the governor. Three members shall be physical therapists who are residents of the state, who possess unrestricted licenses to practice physical therapy and who have been practicing in New Mexico for no less than five years. Two members shall be citizens appointed from the public at large who are not associated with, or financially interested in, any health care profession.
B. [All] Appointments shall be made for staggered
terms of three years with no more than two terms ending at any
one time. [No] A member shall not serve for more than two
successive three-year terms. Vacancies shall be filled for the
unexpired term by appointment by the governor prior to the next
scheduled board meeting. Board members shall continue to serve
until a successor has been appointed and qualified.
C. The members shall elect a chairman and may elect other officers as they deem necessary.
D. The governor may remove [any] a member of the
board for misconduct, incompetence or neglect of duty.
E. Members may receive per diem and mileage pursuant to the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
F. There shall be no liability on the part of and no action for damages against any board member when the member is acting within the scope of his duties."
Section 18. Section 61-12D-5 NMSA 1978 (being Laws 1997, Chapter 89, Section 5) is amended to read:
"61-12D-5. POWERS AND DUTIES.--The board:
A. shall examine all applicants for licensure to practice physical therapy and issue licenses or permits to those who are duly qualified;
B. shall regulate the practice of physical therapy by interpreting and enforcing the provisions of the Physical Therapy Act, including taking disciplinary action;
C. may adopt, file, amend or repeal rules and regulations in accordance with the Uniform Licensing Act to carry out the provisions of the Physical Therapy Act;
D. may meet as often as [the board] it deems
necessary. A majority of the members constitutes a quorum for
the transaction of business. The board shall keep an official
record of all its proceedings;
E. may establish requirements for assessing continuing competency;
F. may collect fees;
G. may elect such officers as it deems necessary for the operations and obligations of the board. Terms of office shall be one year;
H. shall provide for the timely orientation and training of new professional and public appointees to the board, including training in licensing and disciplinary procedures and orientation to all statutes, rules, policies and procedures of the board;
[I. may employ a director and other personnel to
carry out the administrative work of the board;
J. may hire an attorney to give advice and counsel
in regard to any matter connected with the duties of the board,
to represent the board in any legal proceedings and to aid in
the enforcement of the Physical Therapy Act, and shall fix the
compensation to be paid to such attorney;
K.] I. may establish ad hoc committees and pay per
diem and mileage to the members;
[L.] J. may enter into contracts;
[M.] K. shall report final disciplinary action
taken against a physical therapist or physical therapist
assistant to the national disciplinary database;
[N.] L. shall publish at least annually final
disciplinary action taken against any physical therapist or
physical therapist assistant; and
[O.] M. may prescribe the forms of license
certificates, application forms and such other documents as it
deems necessary to carry out the provisions of the Physical
Therapy Act."
Section 19. Section 61-13-4 NMSA 1978 (being Laws 1970, Chapter 61, Section 3, as amended) is amended to read:
"61-13-4. BOARD OF NURSING HOME ADMINISTRATORS.--
A. There is created the "board of nursing home
administrators" [consisting]. The board shall be
administratively attached to the regulation and licensing
department. The board shall consist of seven members appointed
by the governor to three-year terms staggered so that no more
than three terms expire in any one year. Three members of the
board shall be nursing home administrators licensed and
practicing under the Nursing Home Administrators Act for a
minimum of five years and who have never been disciplined by
the board, one member shall be a practicing physician licensed
in this state and three members shall be from the public who
have no significant financial interest, direct or indirect, in
the nursing home industry.
B. Within ninety days of a vacancy, the governor
shall appoint a person to fill the unexpired portion of the
term. Board members shall be citizens of the United States and
residents of the state, and not more than one member shall be
an employee of [any] a state or other public agency."
Section 20. Section 61-13-6 NMSA 1978 (being Laws 1970, Chapter 61, Section 5, as amended) is amended to read:
"61-13-6. DUTIES OF THE BOARD.--It is the duty of the board to:
A. formulate, adopt and regularly revise such rules and regulations not inconsistent with law as may be necessary to adopt and enforce standards for licensing nursing home administrators and to carry into effect the provisions of the Nursing Home Administrators Act;
B. approve for licensure applicants for:
(1) initial licensure;
(2) annual renewal of current, active licenses;
(3) reciprocity;
(4) reinstatement of revoked or suspended licenses; and
(5) reactivation of inactive or expired licenses;
C. cause the prosecution or enjoinder of all persons violating the Nursing Home Administrators Act and deny, suspend or revoke licenses in accordance with the provisions of the Uniform Licensing Act;
D. submit a written annual report to the governor and the legislature detailing the actions of the board and including an accounting of all money received and expended by the board; and
[E. employ such administrative personnel as may be
necessary for the efficient operation of the Nursing Home
Administrators Act; and
F.] E. maintain a register of licensees and a
record of all applicants for licensure received by the board."
Section 21. Section 61-14A-8 NMSA 1978 (being Laws 1993, Chapter 158, Section 16, as amended) is amended to read:
"61-14A-8. BOARD--POWERS.--[In addition to any authority
provided by law] The board has the power to:
A. enforce the provisions of the Acupuncture and Oriental Medicine Practice Act;
B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules necessary for the implementation and enforcement of the provisions of the Acupuncture and Oriental Medicine Practice Act;
C. adopt a code of ethics;
D. adopt and use a seal;
E. inspect facilities of approved educational programs, extern programs and the offices of licensees;
F. adopt rules implementing continuing education requirements for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness;
[G. employ such professional and clerical
assistance as necessary to carry out the powers and duties of
the board;
H.] G. issue investigative subpoenas for the
purpose of investigating complaints against licensees prior to
the issuance of a notice of contemplated action;
[I.] H. administer oaths and take testimony on any
matters within the board's jurisdiction;
[J.] I. conduct hearings upon charges relating to
the discipline of licensees, including the denial, suspension
or revocation of a license in accordance with the Uniform
Licensing Act; and
[K.] J. grant, deny, renew, suspend or revoke
licenses to practice acupuncture and oriental medicine or
grant, deny, renew, suspend or revoke approvals of educational
programs and extern programs in accordance with the provisions
of the Uniform Licensing Act for any cause stated in the
Acupuncture and Oriental Medicine Practice Act or the rules of
the board."
Section 22. Section 61-14B-11 NMSA 1978 (being Laws 1996, Chapter 57, Section 11) is amended to read:
"61-14B-11. BOARD POWERS AND DUTIES.--The board shall:
A. adopt rules and regulations and establish policy necessary to carry out the provisions of the Speech Language Pathology, Audiology and Hearing Aid Dispensing Practices Act in accordance with the Uniform Licensing Act;
B. adopt rules implementing continuing education requirements;
C. adopt a code of ethics;
D. conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act;
E. investigate complaints against licensees by issuing investigative subpoenas prior to the issuance of a notice of contemplated action;
[F. hire staff as may be necessary to carry out the
provisions of the Speech Language Pathology, Audiology and
Hearing Aid Dispensing Practices Act;
G.] F. establish fees for licensure;
[H.] G. provide for the licensing and renewal of
licenses of applicants; and
[I.] H. adopt rules that provide for licensure by
reciprocity, including temporary permits for speech language
pathologists, audiologists or hearing aid dispensers."
Section 23. Section 61-17A-7 NMSA 1978 (being Laws 1993, Chapter 171, Section 7, as amended) is amended to read:
"61-17A-7. BOARD POWERS AND DUTIES.--
A. The board shall:
(1) adopt and file, in accordance with the
State Rules Act, rules [and regulations] necessary to carry out
the provisions of the Barbers and Cosmetologists Act;
(2) establish fees;
(3) provide for the examination, licensure and license renewal of applicants for licensure;
(4) establish standards for and provide for the examination, licensure and license renewal of manicurists-pedicurists, estheticians and electrologists;
(5) adopt a seal;
(6) furnish copies of rules [and regulations]
and sanitary requirements adopted by the board to each owner or
manager of an establishment, enterprise or school;
(7) keep a record of its proceedings and a register of applicants for licensure;
(8) provide for the licensure of barbers,
cosmetologists, [manicurist-pedicurists] manicurists-pedicurists, estheticians, electrologists, instructors,
schools, enterprises and establishments;
(9) establish administrative penalties and fines;
(10) create and establish standards and fees for special licenses; and
[(11) hire an executive director and such
other staff as is necessary to carry out the provisions of the
Barbers and Cosmetologists Act; and
(12)] (11) establish guidelines for schools to
calculate tuition refunds for withdrawing students.
B. The board may establish continuing education requirements as requirements for licensure.
C. [Any] A member of the board, its employees or
agents may enter and inspect [any] a school, enterprise or
establishment at any time during regular business hours for the
purpose of determining compliance with the Barbers and
Cosmetologists Act."
Section 24. Section 61-24B-6 NMSA 1978 (being Laws 1985, Chapter 151, Section 6, as amended) is amended to read:
"61-24B-6. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL.--
A. The "board of landscape architects" is created. The board is administratively attached to the regulation and licensing department. The board shall consist of five members, three of whom shall be landscape architects. The landscape architect members shall have been registered as landscape architects for at least five years. The two public members shall represent the public and shall not have been licensed as landscape architects or have any significant financial interest, direct or indirect, in the occupation regulated.
B. The members of the board shall be appointed by
the governor for staggered terms of three years, and
appointments shall be made in [such] a manner that the terms of
board members expire on June 30. The landscape architect
members of the board shall be appointed from lists submitted to
the governor by the New Mexico chapter of the American society
of landscape architects. A vacancy shall be filled by
appointment by the governor for the unexpired term and shall be
filled by persons having similar qualifications to those of the
member being replaced. Board members shall serve until their
successors have been appointed and qualified.
C. The board shall meet within sixty days of the
beginning of a fiscal year and elect from its membership a
chairman and vice chairman. The board shall meet at [such]
other times as it deems necessary or advisable or as deemed
necessary and advisable by the chairman or a majority of its
members or the governor, but in no event less than twice a
year. Reasonable notice of all meetings shall be given in the
manner prescribed by the board. A majority of the board shall
constitute a quorum at any meeting or hearing.
D. The governor may remove [any] a member from the
board for neglect of [any] a duty required by law, for
incompetence, for improper or unprofessional conduct as defined
by board rule or for any reason that would justify the
suspension or revocation of his registration to practice
landscape architecture.
E. [No] A board member shall not serve more than
two consecutive full terms, and [any] a member failing to
attend, after proper notice, three consecutive meetings shall
automatically be removed as a board member, unless excused for
reasons set forth in board rules.
F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
Section 25. Section 61-24B-7 NMSA 1978 (being Laws 1985, Chapter 151, Section 7, as amended) is amended to read:
"61-24B-7. BOARD--POWERS AND DUTIES.--The board shall:
A. promulgate rules necessary to effectuate the provisions of the Landscape Architects Act;
[B. employ such persons as necessary to carry out
the provisions of the Landscape Architects Act;
C.] B. provide for the examination, registration
and re-registration of [all] applicants;
[D.] C. adopt and use a seal;
[E.] D. administer oaths and take testimony on
matters within the board's jurisdiction;
[F.] E. grant, deny, renew, suspend or revoke
certificates of registration to practice landscape architecture
in accordance with the provisions of the Uniform Licensing Act
for any cause stated in the Landscape Architects Act;
[G.] F. conduct hearings upon charges relating to
discipline of a registrant or the denial, suspension or
revocation of a certificate of registration; and
[H.] G. in cooperation with the state board of
examiners for architects and the state board of licensure for
professional engineers and surveyors, create a joint standing
committee to be known as the "joint practice committee" to
safeguard life, health and property and to promote the public
welfare. The committee shall promote and develop the highest
professional standards in design, planning and construction and
the resolution of ambiguities concerning the professions. The
composition of this committee and its powers and duties shall
be in accordance with identical resolutions adopted by each
board."
Section 26. Section 61-24C-4 NMSA 1978 (being Laws 1989, Chapter 53, Section 4, as amended) is amended to read:
"61-24C-4. INTERIOR DESIGN BOARD CREATED--MEMBERS--TERMS--COMPENSATION.--
A. There is created the "interior design board".
The board shall be administratively attached to the regulation
and licensing department. The board shall consist of five
members appointed by the governor for staggered terms of three
years, appointed in [such] a manner that the term of one member
shall expire on December 31, 1990; the terms of two members
shall expire on December 31, 1991; and the terms of the last
two members shall expire on December 31, 1992. Thereafter,
members shall be appointed for terms of three years or less in
[such] a manner that the terms of not more than two members
expire on December 31 of each year. A vacancy shall be filled
by appointment [of] by the governor for the unexpired term.
[No] A board member shall not serve consecutive terms.
B. Two members of the board shall be licensed
interior designers and three members shall be chosen to
represent the public and shall not have been licensed as [an]
interior [designer] designers or have [any] a significant
financial interest, direct or indirect, in the occupation
regulated. For purposes of this section, the interior designer
members of the initial board shall have offered interior design
services for at least five years, shall have passed the
national council for interior design qualification examination
and shall have become registered by November 1, 1989.
C. Three members of the board shall constitute a quorum for the transaction of business, but no final action shall be taken unless at least three members vote in favor of a proposal."
Section 27. Section 61-24C-5 NMSA 1978 (being Laws 1989, Chapter 53, Section 5 as amended) is amended to read:
"61-24C-5. POWERS AND DUTIES OF THE BOARD.--The board:
A. shall administer, coordinate and enforce the provisions of the Interior Designers Act. The board may investigate allegations of violations of the provisions of the Interior Designers Act;
B. shall adopt regulations to carry out the purposes and policies of the Interior Designers Act, including regulations relating to professional conduct, standards of performance and professional examination and licensure, reasonable license, application, renewal and late fees and the establishment of ethical standards of practice for persons holding a license to practice as an interior designer in New Mexico;
[C. may employ an executive director and other
employees and fix their compensation;
D. may contract with the regulation and licensing
department to obtain office space and administrative services;
E.] C. shall require a licensee, as a condition of
the renewal of his license, to undergo continuing education
requirements as set forth in the Interior Designers Act;
[F.] D. shall maintain an official roster showing
the name, address and license number of each interior designer
licensed pursuant to the Interior Designers Act;
[G.] E. shall conduct hearings and keep records and
minutes necessary to carry out its functions;
[H.] F. may adopt a common seal for use by interior
designers; and
[I.] G. shall do all things reasonable and
necessary to carry out the purposes of the Interior Designers
Act."
Section 28. Section 61-28B-4 NMSA 1978 (being Laws 1999, Chapter 179, Section 4) is amended to read:
"61-28B-4. BOARD CREATED--TERMS--OFFICERS--MEETINGS-- REIMBURSEMENT.--
A. The "New Mexico public accountancy board" is
created [composed]. The board shall be administratively
attached to the regulation and licensing department. The board
shall consist of seven members appointed by the governor who
are citizens of the United States and residents of New Mexico.
Four members of the board shall be certified public accountants
or registered public accountants who have practiced for at
least five calendar years immediately preceding their
appointment to the board. Three members shall represent the
public and shall not have ever held a certificate or permit to
practice public accountancy in any state and shall not have
ever had a significant financial interest, direct or indirect,
in the public accountancy profession or in a firm. Public
members shall have professional or practical experience in the
use of accounting services and financial statements, so as to
be qualified to make judgments about the qualifications and
conduct of persons subject to the provisions of the 1999 Public
Accountancy Act.
B. Members of the board shall serve for terms of
three years or less, staggered in [such] a manner that the
terms of not more than three members expire on January 1 of
each year; provided that members appointed and serving pursuant
to prior law on the effective date of the 1999 Public
Accountancy Act shall serve the remainder of their terms. A
vacancy on the board shall be filled by appointment by the
governor for the unexpired term. Upon the expiration of a
member's term of office, he shall continue to serve until his
successor has been appointed and qualified. A professional
member of the board whose certificate is suspended or revoked
shall automatically cease to be a member of the board. The
governor may remove a member of the board for neglect of duty
or other just cause.
C. The board shall elect annually from among its
members a chairman and [such] other officers as the board
determines. The board shall meet at [such] times and places as
fixed by the board. A majority of the board constitutes a
quorum.
D. Members of the board may receive per diem and travel expenses as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."
Section 29. Section 61-28B-5 NMSA 1978 (being Laws 1999, Chapter 179, Section 5) is amended to read:
"61-28B-5. BOARD--POWERS AND DUTIES.--
A. The board may:
[(1) employ an executive director as an exempt
employee and such other personnel as it deems necessary to
carry out its duties;
(2)] (1) appoint committees or persons to
advise or assist it in carrying out the provisions of the 1999
Public Accountancy Act;
[(3)] (2) retain its own counsel to advise and
assist it in addition to advice and assistance provided by the
attorney general;
[(4)] (3) contract, sue and be sued and have
and use a seal;
[(5)] (4) cooperate with the appropriate
authorities in other states in investigation and enforcement
concerning violations of the 1999 Public Accountancy Act and
comparable acts of other states; and
[(6)] (5) adopt and file in accordance with
the Uniform Licensing Act and the State Rules Act rules to
carry out the provisions of the 1999 Public Accountancy Act,
including rules governing the administration and enforcement of
the 1999 Public Accountancy Act and the conduct of certificate
and permit holders.
B. The board shall maintain a registry of the names
and addresses of [all] certificate and permit holders."
Section 30. Section 61-29-4 NMSA 1978 (being Laws 1959, Chapter 226, Section 3, as amended) is amended to read:
"61-29-4. CREATION OF COMMISSION--POWERS AND DUTIES.--There is created the "New Mexico real estate commission"
[called "the commission" in Chapter 61, Article 29 NMSA 1978].
The commission shall be appointed by the governor and shall
consist of five members who shall have been residents of the
state for three consecutive years immediately prior to their
appointment, four of whom shall have been real estate brokers
licensed in New Mexico and one of whom shall be a member of the
public who has never been licensed as a real estate broker or
salesperson; provided not more than one member shall be from
any one county within the state. The members of the commission
shall serve for a period of five years or until their
successors are appointed and qualified. Members to fill
vacancies shall be appointed for [any] an unexpired term. The
governor may remove [any] a member for cause. The commission
shall possess all the powers and perform all the duties
prescribed by Chapter 61, Article 29 NMSA 1978 and as otherwise
provided by law, and it is expressly vested with power and
authority to make and enforce [any] rules and regulations to
carry out the provisions of that article. Prior to [any] a
final action on [any] a proposed [changes] change or
[amendments] amendment to the rules and regulations of the
commission, the commission may publish notice of the proposed
action in its official publication, distribute the publication
to each active licensee and give the time and place for a
public hearing on the proposed changes. The hearing shall be
held at least thirty days prior to [any] a proposed final
action. [Any] Changes or amendments to the rules [and
regulations] shall be filed in accordance with the procedures
of the State Rules Act and shall become effective thirty days
after notification to all active licensees of the filing of the
changes or amendments. [The commission may employ any staff it
deems necessary to assist in carrying out its duties and in
keeping its records.]"
Section 31. Section 61-29-7 NMSA 1978 (being Laws 1959, Chapter 226, Section 6, as amended) is amended to read:
"61-29-7. REIMBURSEMENT AND EXPENSES.--Each member of the
commission shall receive per diem and mileage as provided in
the Per Diem and Mileage Act and shall receive no other
compensation, perquisite or allowance. [The commission may
select and appoint an administrator, who shall serve as
executive secretary to the commission on annual salary, to
perform the duties prescribed by this act and such additional
duties as the commission may determine. The commission may
employ subordinate officers, stenographers, clerks, an attorney
and such other assistance as may be needed and fix their
compensation to be paid from the real estate commission fund
and to purchase such supplies, equipment and records and to
incur such other expenses as may be necessary to carry out the
provisions of this act.]"
Section 32. Section 61-30-9 NMSA 1978 (being Laws 1990, Chapter 75, Section 9, as amended) is amended to read:
"61-30-9. REIMBURSEMENT AND EXPENSES.--The board may
appoint such committees of the board [and employ such persons
to assist the board] as may be necessary. [Each] A member of
the board or [any] a committee shall receive per diem and
mileage as provided in the Per Diem and Mileage Act and shall
receive no other perquisite, compensation or allowance.
Compensation for [employees and] any necessary supplies and
equipment shall be paid from the appraiser fund."
Section 33. Section 61-31-8 NMSA 1978 (being Laws 1989, Chapter 51, Section 8) is amended to read:
"61-31-8. BOARD'S AUTHORITY.--In addition to any authority provided by law, the board shall have the authority to:
A. adopt and file, in accordance with the State Rules Act, rules and regulations necessary to carry out the provisions of the Social Work Practice Act, in accordance with the provisions of the Uniform Licensing Act, including the procedures for an appeal of an examination failure;
B. select, prepare and administer, at least
annually, written examinations for licensure [which] that shall
include a testing of the knowledge of New Mexico cultures;
C. adopt a professional code of ethics;
D. appoint advisory committees pursuant to Section
[19 of the Social Work Practice Act] 61-31-19 NMSA 1978;
E. conduct hearings on an appeal of a denial of a license based on the applicant's failure to meet the minimum qualifications for licensure. The hearing shall be conducted pursuant to the Uniform Licensing Act;
F. require and establish criteria for continuing education;
G. issue subpoenas, statements of charges, statements of intent to deny licenses and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges and statements of intent to deny licenses and establish procedures for receiving, investigating and conducting hearings on complaints;
H. approve appropriate supervision for those
persons seeking licensure as [an] independent social [worker]
workers;
I. issue provisional licenses and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;
J. determine qualifications for licensure;
K. set fees for licenses as authorized by the Social Work Practice Act and authorize all disbursements necessary to carry out the provisions of the Social Work Practice Act; and
[L. approve the selection of primary staff assigned
to the board;
M. contract with the department for the provisions
of space and administrative support; and
N.] L. keep a record of all proceedings and shall
make an annual report to the governor."
Section 34. REPEAL.--Section 60-2A-5 NMSA 1978 (being Laws 1980, Chapter 90, Section 5) is repealed.
Section 35. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.