46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PROFESSIONAL LICENSING; CHANGING HIRING PRACTICES FOR PROFESSIONAL BOARDS AND COMMISSIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 9-16-9 NMSA 1978 (being Laws 1983, Chapter 297, Section 25) is amended to read:

"9-16-9. ADMINISTRATIVE SERVICES DIVISION--DUTIES.--

A. The administrative services division of the department shall provide administrative services to the department, including:

(1) keeping all official records of the department;

(2) providing clerical services in the areas of personnel and budget preparation; and

(3) providing clerical, record-keeping and administrative support to agencies, boards and commissions administratively attached to the department.

B. The division shall, in addition to its other duties, coordinate long- and short-term planning of the department and administer programs and grants which have been assigned generally to the department by the governor or by statute."

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 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 applicant failing may apply for reexamination 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].

E. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 3. Section 61-3-10 NMSA 1978 (being Laws 1968, Chapter 44, Section 7, as amended) is amended to read:

"61-3-10. POWERS--DUTIES.--The board:

A. shall adopt and revise such rules and regulations as may be necessary to enable it to carry into effect the provisions of the Nursing Practice Act and to maintain high standards of practice;

B. shall prescribe standards and approve curricula for educational programs preparing persons for licensure under the Nursing Practice Act;

C. shall provide for surveys of educational programs preparing persons for licensure under the Nursing Practice Act;

D. shall grant, deny or withdraw approval from educational programs for failure to meet prescribed standards, [provided that] if a majority of the board concurs in [any] the decision;

E. shall provide for the examination, licensing and renewal of licenses of applicants;

F. shall conduct hearings upon charges relating to discipline of a licensee or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act;

G. shall cause the prosecution of all persons, including firms, associations, institutions and corporations, violating the Nursing Practice Act and have the power to incur such expense as is necessary therefor;

H. shall keep a record of all proceedings;

I. shall make an annual report to the governor;

[J. shall appoint and employ a qualified registered nurse, who shall not be a member of the board, to serve as executive officer to the board, who shall define the duties and responsibilities of the executive officer, except that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold any license authorized by the Nursing Practice Act shall not be delegated by the board;

K. shall provide for such qualified assistants as may be necessary to carry out the provisions of the Nursing Practice Act. Such employees shall be paid a salary commensurate with their duties;

L.] J. shall, for the purpose of protecting the health and well-being of the citizens of New Mexico and promoting current nursing knowledge and practice, adopt rules and regulations establishing continuing education requirements as a condition of license renewal and shall study methods of monitoring continuing competence;

[M.] K. may appoint advisory committees consisting of at least one member who is a board member and at least two members expert in the pertinent field of health care to assist it in the performance of its duties. Committee members may be reimbursed as provided in the Per Diem and Mileage Act;

[N.] L. may adopt and revise rules and regulations designed to maintain an inactive status listing for registered nurses and licensed practical nurses;

[O.] M. may adopt rules and regulations to regulate the advanced practice of professional registered nursing and expanded practice of licensed practical nursing;

[P.] N. shall license qualified certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists; [and

Q.] O. shall adopt rules and regulations establishing standards for authorizing prescriptive authority to certified nurse practitioners and clinical nurse specialists; and

P. in carrying out its powers and duties pursuant to this section, shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 4. 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 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] if that person 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 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 not receive [no] other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.

K. In carrying out its duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 5. 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 the committee [shall have the power] has authority 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. have the authority to] I. pay per diem and mileage to individuals who are appointed by the board or the committee to serve on ad hoc committees;

[K. 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. have the authority to] J. 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.] K. establish continuing education or continued competency requirements for dentists, certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists; and

L. in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 6. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:

"61-6-5. DUTIES AND POWERS.--The board shall:

A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act and the Impaired [Physician] Health Care Provider Act;

B. 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 Medical Practice Act, the Physician Assistant Act and the Impaired [Physician] Health Care Provider Act;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;

E. take testimony on any matters within the board's jurisdiction;

F. keep an accurate record of all its meetings, receipts and disbursements;

G. keep a record of all examinations held, together with the names and addresses of all persons taking the examinations and the examination results, and at the earliest date possible give written examination results to each applicant examined;

H. certify as passing each applicant who obtains a passing grade indicating successful completion of each subject upon which he is examined;

I. 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;

J. grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation physicians in accordance with the Uniform Licensing Act for any cause stated in the Medical Practice Act;

[K. hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;

L. have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;

M. have the authority to hire a competent 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 laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board, including those provided for in Section 61-6-28 NMSA 1978;

N.] K. establish continuing medical education requirements for physicians and continuing education requirements for physician assistants; [and

O.] L. establish committees as it deems necessary for carrying on its business; and

M. in carrying out its duties and powers pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 7. Section 61-7A-5 NMSA 1978 (being Laws 1989, Chapter 387, Section 5, as amended) is amended to read:

"61-7A-5. BOARD CREATED.--

A. There is created the "nutrition and dietetics practice board" [administratively attached to the regulation and licensing department]. The board shall consist of five members who are New Mexico residents and who are appointed by the governor for staggered three-year terms. Three members shall be licensed dietitians or nutritionists with at least three years of nutrition or dietetics practice in New Mexico and two members shall represent the public. There shall be at least one dietitian and at least one nutritionist on the board at all times. The public members shall not have been licensed as [a dietitian or nutritionist] dietitians or nutritionists or have any financial interest, direct or indirect, in the professions regulated.

B. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. [Vacancies] A vacancy shall be filled for the balance of the unexpired term within ninety days of the vacancy by appointment by the governor.

C. [No] A board member shall not serve more than two full terms.

D. The board shall elect annually a chairman and such other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the chairman or upon the written request of two or more members of the board. Three members, at least two of whom are professional members and at least one of whom is a public member, shall constitute a quorum. [Any] A member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member.

E. The members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 8. Section 61-7A-6 NMSA 1978 (being Laws 1989, Chapter 387, Section 6, as amended) is amended to read:

"61-7A-6. BOARD--DUTIES.--

A. The board shall:

(1) develop and administer an appropriate examination for qualified applicants;

(2) evaluate the qualifications of applicants for licensure under the Nutrition and Dietetics Practice Act;

(3) issue licenses to applicants who meet the requirements of the Nutrition and Dietetics Practice Act;

(4) investigate persons engaging in practices that may violate the provisions of the Nutrition and Dietetics Practice Act;

(5) revoke, suspend or deny a license in accordance with the provisions of the Uniform Licensing Act;

(6) adopt an annual budget;

(7) adopt a code of ethics; and

(8) adopt in accordance with the Uniform Licensing Act and file in accordance with the State Rules Act rules and regulations necessary to carry out the provisions of the Nutrition and Dietetics Practice Act; provided, no rule or regulation may be adopted, amended or repealed except by a vote of three-fifths of the board members.

B. The board may contract with the regulation and licensing department for office space [and administrative support]. In carrying out its duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 9. 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 not 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;

(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] in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

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 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 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.

D. In carrying out its powers pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 11. Section 61-9A-7 NMSA 1978 (being Laws 1993, Chapter 49, Section 7, as amended) is amended to read:

"61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.--

A. There is created the "counseling and therapy practice board" [which is administratively attached to the department].

B. The board shall consist of nine members who are United States citizens and have been New Mexico residents for at least five years prior to their appointment. Of the nine members:

(1) five members shall be professional members, who shall be a professional mental health counselor, a professional clinical mental health counselor, a marriage and family therapist, a professional art therapist and an alcohol and drug abuse counselor, licensed under the Counseling and Therapy Practice Act and shall have engaged in a counselor and therapist practice for at least five years. These members shall not hold any elected or appointed office in any professional organization of counseling, psychology or closely related field during their tenure on the board, nor shall they be school owners. The professional mental health counselor shall also represent the registered independent and licensed mental health counselors; and

(2) four members shall represent the public. The public members shall not have been licensed or have practiced as counselor or therapist practitioners or in any other regulated mental health profession, nor have any significant financial interest, either direct or indirect, in the professions regulated.

C. All members of the board shall be appointed by the governor for staggered terms of four years. Each member shall hold office until his successor is appointed. Vacancies shall be filled in the same manner as original appointments. [No] An appointee shall serve not more than two terms.

D. The governor may appoint professional board members from a list of nominees submitted by qualified individuals and organizations, including the New Mexico counseling association, the New Mexico association for marriage and family therapy, the New Mexico art therapy association and the alcohol and drug directors association.

E. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance.

F. The board shall elect annually from its membership a chairman and a secretary and other officers as necessary to carry out its duties.

G. The board shall meet at least twice a year and at other times deemed necessary. Other meetings may be called by the chairman upon the written request of three members of the board. A simple majority of the board members shall constitute a quorum of the board."

Section 12. Section 61-9A-9 NMSA 1978 (being Laws 1993, Chapter 49, Section 9, as amended) is amended to read:

"61-9A-9. BOARD--POWERS AND DUTIES.--

A. The board may:

(1) adopt in accordance with the Uniform Licensing Act and file in accordance with the State Rules Act rules necessary to carry out the provisions of the Counseling and Therapy Practice Act;

(2) select and provide for the administration of, at least, semiannual examinations for licensure;

(3) establish the passing scores for examinations;

(4) take any disciplinary action allowed by and in accordance with the Uniform Licensing Act;

(5) censure, reprimand or place a licensee or registrant on probation for a period not to exceed one year;

(6) require and establish criteria for continuing education;

(7) establish by rule procedures for receiving, investigating and resolving complaints;

(8) approve appropriate supervision and post-graduate experience for persons seeking licensure or registration;

(9) provide for the issuance of licenses and certificates of registration;

(10) determine eligibility of individuals for licensure or registration;

(11) set fees for administrative services, licenses and registration, as authorized by the Counseling and Therapy Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;

(12) establish criteria for supervision and supervisory requirements;

(13) establish a code of ethics; and

(14) establish committees.

B. The board may establish a standards committee for each licensed profession. The members of each standards committee shall be appointed by the board with the consent of the department and shall include at least one board member from the licensed profession and at least one public board member. The board member representing each respective profession shall chair its standards committee and the committee shall:

(1) recommend and periodically review a code of ethics;

(2) review license applications and recommend approval or disapproval;

(3) develop criteria for supervision; and

(4) recommend rules [and regulations].

C. Members of the standards committees or other committees may be reimbursed as provided in the Per Diem and Mileage Act, but shall not receive [no] other compensation, perquisite or allowance. These members shall not hold [any] an elected office in [any] a professional organization of counseling, psychology or closely related field during their tenure on the standards committees.

D. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 13. 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 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 not 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.

H. The board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 14. Section 61-11-6 NMSA 1978 (being Laws 1969, Chapter 29, Section 5, as amended) is amended to read:

"61-11-6. POWERS AND DUTIES OF BOARD.--

A. The board shall:

(1) adopt, amend or repeal rules and regulations necessary to carry out the provisions of the Pharmacy Act in accordance with the provisions of the Uniform Licensing Act;

(2) provide for examinations of applicants for licensure as pharmacists;

(3) provide for the issuance and renewal of licenses for pharmacists;

(4) require and establish criteria for continuing education as a condition of renewal of licensure for pharmacists;

(5) provide for the issuance and renewal of licenses for pharmacist interns and for their training, supervision and discipline;

(6) provide for the licensing of retail pharmacies, nonresident pharmacies, wholesale drug distributors, drug manufacturers, hospital pharmacies, nursing home drug facilities, industrial and public health clinics and all places where dangerous drugs are stored, distributed, dispensed or administered and provide for the inspection of the facilities and activities;

(7) enforce the provisions of all laws of the state pertaining to the practice of pharmacy and the manufacture, production, sale or distribution of drugs or cosmetics and their standards of strength and purity;

(8) conduct hearings upon charges relating to the discipline of a registrant or licensee or the denial, suspension or revocation of a registration or a license in accordance with the Uniform Licensing Act;

(9) cause the prosecution of any person violating the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or the Controlled Substances Act;

(10) keep a record of all proceedings of the board;

(11) make an annual report to the governor;

[(12) appoint and employ, in the board's discretion, a qualified person who is not a member of the board to serve as executive director and define his duties and responsibilities; except that the power to deny, revoke or suspend any license or registration authorized by the Pharmacy Act shall not be delegated by the board;

(13) appoint and employ inspectors necessary to enforce the provisions of all acts under the administration of the board, which inspectors shall be pharmacists and have all the powers and duties of peace officers;

(14) provide for other qualified employees necessary to carry out the provisions of the Pharmacy Act;

(15) have the authority to employ a competent 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 laws in relation to the pharmacy profession and to fix the compensation to be paid to the attorney; provided, however, that the attorney shall be compensated from the money of the board, including that provided for in Section 61-11-19 NMSA 1978;

(16)] (12) register and regulate qualifications, training and permissible activities of pharmacy technicians;

[(17)] (13) provide a registry of all persons licensed as pharmacists or pharmacist interns in the state;

[(18)] (14) adopt rules and regulations that prescribe the activities and duties of pharmacy owners and pharmacists in the provision of pharmaceutical care, drug regimen review and patient counseling in each practice setting; and

[(19)] (15) adopt, after approval by the New Mexico board of medical examiners and the board of nursing, rules and protocols for the prescribing of dangerous drug therapy, including vaccines and immunizations, and the appropriate notification of the primary or appropriate physician of the person receiving the dangerous drug therapy.

B. The board may:

(1) delegate its authority to the executive director to issue temporary licenses as provided in Section

61-11-14 NMSA 1978; and

(2) provide by regulation for the electronic transmission of prescriptions.

C. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 15. 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) 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;] and

[(4)] (2) inspect establishments [and

(5) designate hearing officers].

C. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 16. Section 61-12B-6 NMSA 1978 (being Laws 1984, Chapter 103, Section 6, as amended) is amended to read:

"61-12B-6. DEPARTMENT--DUTIES AND POWERS.--

A. The department, in consultation with the board, shall:

(1) evaluate the qualifications of applicants and review the required examination results of applicants. The department may recognize the entry level examination written by the national board for respiratory care or a successor board;

(2) promulgate rules as may be necessary to implement the provisions of the Respiratory Care Act;

(3) issue and renew licenses and temporary permits to qualified applicants who meet the requirements of the Respiratory Care Act; and

(4) administer, coordinate and enforce the provisions of the Respiratory Care Act and investigate persons engaging in practices that may violate the provisions of that act.

B. The department, in consultation with the board, may:

(1) conduct examinations of respiratory care practitioner applicants as required by rules of the department;

(2) reprimand, fine, deny, suspend or revoke a license or temporary permit to practice respiratory care as provided in the Respiratory Care Act in accordance with the provisions of the Uniform Licensing Act;

(3) for the purpose of investigating complaints against applicants and licensees, issue investigative subpoenas prior to the issuance of a notice of contemplated action as set forth in the Uniform Licensing Act;

(4) enforce and administer the provisions of the Impaired Health Care Provider Act and promulgate rules pursuant to that act;

(5) promulgate rules or disciplinary guidelines relating to impaired practitioners;

(6) promulgate rules to allow the interstate transport of patients; and

(7) promulgate rules to determine and regulate the scope and qualifications for expanded practice for respiratory care practitioners.

C. The board shall use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 17. Section 61-12C-7 NMSA 1978 (being Laws 1991, Chapter 147, Section 7, as amended) is amended to read:

"61-12C-7. BOARD CREATED--MEMBERSHIP.--

A. The "massage therapy board" is created. [The board is administratively attached to the department.]

B. The board consists of five members who are New Mexico residents. Members of the board shall be appointed by the governor to terms of four years. The terms shall be staggered, and the governor shall make appointments of two two-year terms, two three-year terms and one four-year term, if necessary, to produce staggered terms. Three members of the board shall be massage therapists, each with at least five years of massage therapy practice and who are actively engaged in the practice of massage therapy during their tenure as members. Two members of the board shall be public members who have not been licensed and have no financial interest, direct or indirect, in the profession of massage therapy.

C. Each member of the board shall hold office until a successor has been appointed and qualified.

D. [No] A board member shall not serve more than two full consecutive terms.

E. The board shall elect annually a chair and other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be held in accordance with the Open Meetings Act. Three members, at least one of whom must be a public member, shall constitute a quorum.

F. A board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three consecutive board meetings.

G. Members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance."

Section 18. Section 61-12C-8 NMSA 1978 (being Laws 1991, Chapter 147, Section 8, as amended) is amended to read:

"61-12C-8. BOARD POWERS.--

A. The board has the power to:

[A.] (1) adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the Massage Therapy Practice Act, in accordance with the provisions of the Uniform Licensing Act;

[B.] (2) provide for the evaluation of the qualifications of applicants for licensure or registration under the Massage Therapy Practice Act;

[C.] (3) provide for the issuance of licenses or registrations to applicants who meet the requirements of the Massage Therapy Practice Act;

[D.] (4) provide for the inspection, when required, of the business premises of any licensee or registrant during regular business hours;

[E.] (5) establish minimum training and educational standards for licensure as a massage therapist or registration as a massage therapy instructor;

[F.] (6) pursuant to the Uniform Licensing Act, conduct hearings on charges against applicants, licensees or registrants and take actions described in Section 61-1-3 NMSA 1978;

[G.] (7) bring an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Massage Therapy Practice Act;

[H.] (8) issue cease and desist orders to persons violating the provisions of the Massage Therapy Practice Act or any rule adopted by the board pursuant to that act;

[I.] (9) adopt an annual budget;

[J.] (10) adopt a code of professional conduct;

[K.] (11) provide for the investigation of complaints against licensees; and

[L.] (12) publish, at least annually, combined or separate lists of licensed massage therapists, registered massage therapy instructors and registered massage therapy schools.

B. In carrying out its powers pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 19. 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; and

N. in carrying out its powers and duties pursuant to this section, shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which it shall be administratively attached."

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;

[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; and

F. in carrying out its duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which it shall be administratively attached."

Section 21. Section 61-14-5 NMSA 1978 (being Laws 1967, Chapter 62, Section 4, as amended) is amended to read:

"61-14-5. BOARD--DUTIES.--

A. The board shall:

[A.] (1) examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in New Mexico and issue, renew, deny, suspend or revoke licenses;

[B.] (2) regulate artificial insemination and pregnancy diagnosis by establishing standards of practice and issuing permits to persons found qualified;

[C.] (3) establish a schedule of license and permit fees based on the board's financial requirements for the ensuing year;

[D.] (4) conduct investigations necessary to determine violations of the Veterinary Practice Act and discipline persons found in violation;

[E. employ personnel necessary to carry out its duties;

F.] (5) promulgate and enforce [regulations] rules necessary to establish recognized standards for the practice of veterinary medicine and to carry out the provisions of the Veterinary Practice Act. The board shall make available to interested members of the public copies of the Veterinary Practice Act and all [regulations] rules promulgated by the board;

[G.] (6) examine applicants for veterinary technician certification purposes. Such examination shall be held at least once a year at the times and places designated by the board;

[H.] (7) establish a five-member veterinary technician examining committee;

[I.] (8) adopt [regulations] rules establishing continuing education requirements as a condition for license renewal; and

[J.] (9) regulate the operation of veterinary facilities, including:

[(1)] (a) establishing requirements for operation of a veterinary facility in accordance with recognized standards for the practice of veterinary medicine;

[(2)] (b) issuing permits to qualified veterinary facilities; and

[(3)] (c) adopting standards for inspection of veterinary facilities.

For purposes of this [subsection] paragraph, "veterinary facility" means [any] a building, mobile unit, vehicle or other location where services included within the practice of veterinary medicine are provided.

B. In carrying out its duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which it shall be administratively attached."

Section 22. Section 61-14A-7 NMSA 1978 (being Laws 1993, Chapter 158, Section 15, as amended) is amended to read:

"61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--COMPENSATION.--

A. The "board of acupuncture and oriental medicine" is created.

[B. The board is administratively attached to the regulation and licensing department.

C.] B. The board shall consist of seven members appointed by the governor for terms of three years each. Four members of the board shall be doctors of oriental medicine who have been residents of and practiced acupuncture and oriental medicine in New Mexico for at least five years immediately preceding the date of their appointment. Three members shall be appointed to represent the public and shall not have practiced acupuncture and oriental medicine in this or any other jurisdiction or have any financial interest in the profession regulated. [No] A board member shall not be the owner, principal or director of an institute offering educational programs in acupuncture and oriental medicine. No more than one board member may be from each of the following categories:

(1) a faculty member at an institute offering educational programs in acupuncture and oriental medicine;

(2) a tutor in acupuncture and oriental medicine; or

(3) an officer or director in a professional association of acupuncture and oriental medicine.

[D.] C. Members of the board shall be appointed by the governor for staggered terms of three years that shall be made in such a manner that the terms of board members expire on July 1. A board member shall serve until his successor has been appointed and qualified. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

[E.] D. A board member shall not serve more than two consecutive full terms, and a board member who fails to attend, after he has received proper notice, three consecutive meetings shall be recommended for removal as a board member unless excused for reasons established by the board.

[F.] E. The board shall elect annually from its membership a chairman and other officers as necessary to carry out its duties.

[G.] F. The board shall meet at least once each year and at other times deemed necessary. Other meetings may be called by the chairman, a majority of board members or the governor. A simple majority of the board members serving constitutes a quorum of the board.

[H.] G. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance."

Section 23. Section 61-14A-8 NMSA 1978 (being Laws 1993, Chapter 158, Section 16, as amended) is amended to read:

"61-14A-8. BOARD--POWERS.--

A. [In addition to any authority provided by law] The board has the power to:

[A.] (1) enforce the provisions of the Acupuncture and Oriental Medicine Practice Act;

[B.] (2) 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.] (3) adopt a code of ethics;

[D.] (4) adopt and use a seal;

[E.] (5) inspect facilities of approved educational programs, extern programs and the offices of licensees;

[F.] (6) 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.] (7) issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;

[I.] (8) administer oaths and take testimony on any matters within the board's jurisdiction;

[J.] (9) 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.] (10) 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.

B. In carrying out its powers pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 24. Section 61-14B-9 NMSA 1978 (being Laws 1996, Chapter 57, Section 9) is amended to read:

"61-14B-9. BOARD CREATED.--

A. There is created the "speech language pathology, audiology and hearing aid dispensing practices board" [that shall be administratively attached to the department].

B. The board shall consist of ten members who have been New Mexico residents for at least five years prior to their appointment. Among the membership, two members shall be licensed speech language pathologists, two members shall be licensed audiologists, two members shall be licensed hearing aid dispensers, one member shall be a licensed otolaryngologist and three members shall represent the public and have no interest, direct or indirect, in the profession regulated.

C. The licensed members of the board shall not hold any elected or appointed office in any related professional organization."

Section 25. 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; and

I. in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 26. Section 61-14D-7 NMSA 1978 (being Laws 1993, Chapter 325, Section 7) is amended to read:

"61-14D-7. BOARD CREATED.--

A. There is created the "athletic trainer practice board".

[B. The board shall be administratively attached to the department.

C.] B. The board shall consist of five members appointed by the governor for staggered terms of three years each [except that the initial board shall be appointed so that the term of one member expires June 30, 1994, the terms of two members expire June 30, 1995 and the terms of two members expire June 30, 1996]. Three of the members shall be athletic trainers licensed [under] pursuant to provisions of the Athletic Trainer Practice Act with at least three years experience in the profession in the state of New Mexico. One member shall be from each district and at least one member shall be employed by a high school. Two members shall represent the public and have no financial interest, direct or indirect, in the occupation regulated. One public member shall be from any area north of interstate 40 in the state and one public member shall be from any area south of interstate 40 in the state. Board members shall serve until their successors have been appointed.

[D.] C. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance.

[E.] D. A simple majority of the board members currently serving shall constitute a quorum of the board.

[F.] E. The board shall meet at least once a year and at such other times as it deems necessary.

[G.] F. [No] A board member shall not serve more than two consecutive terms. Any member failing to attend three meetings, after proper notice, shall automatically be recommended to be removed as a board member, unless excused for reasons set forth in board regulations.

[H.] G. The board shall elect a chairman and other officers as deemed necessary to administer its duties."

Section 27. Section 61-14D-9 NMSA 1978 (being Laws 1993, Chapter 325, Section 9) is amended to read:

"61-14D-9. BOARD--DUTIES--AUTHORITY.--

A. In addition to any other authority provided by law, the board shall have the authority to:

[A.] (1) adopt and file, in accordance with the State Rules Act, rules and regulations necessary to carry out the provisions of the Athletic Trainer Practice Act, in accordance with the provisions of the Uniform Licensing Act, including the procedures for an appeal of an examination failure;

[B.] (2) establish fees;

[C.] (3) approve administration of exams;

[D.] (4) adopt rules implementing continuing education requirements;

[E.] (5) conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license; and

[F.] (6) adopt a code of ethics.

B. In exercising its authority and carrying out its duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 28. Section 61-14E-5 NMSA 1978 (being Laws 1983, Chapter 317, Section 5) is amended to read:

"61-14E-5. BOARD--POWERS--DUTIES.--

A. The board shall, pursuant to the advice and recommendations of the advisory council and following the procedures set forth in Section 74-1-9 NMSA 1978:

[A.] (1) adopt and promulgate such rules, regulations and certification standards as may be necessary to effectuate the provisions of the Medical Radiation Health and Safety Act and to maintain high standards of practice; and

[B.] (2) adopt rules and regulations establishing continuing education requirements as a condition of certificate renewal for the purpose of protecting the health and well-being of the citizens of New Mexico and promoting current knowledge and practice regarding radiologic technology.

B. In carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 29. Section 61-15-4 NMSA 1978 (being Laws 1931, Chapter 155, Section 3, as amended) is amended to read:

"61-15-4. POWERS AND DUTIES OF THE BOARD.--

A. The board shall hold at least four regular meetings each year. [Any] A board member failing to attend three consecutive regular meetings is automatically removed as a member of the board. A majority of [the] board members constitutes a quorum.

B. A board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person if:

(1) each member participating by conference telephone can be identified when speaking;

(2) all participants are able to hear each other at the same time; and

(3) members of the public attending the meeting are able to hear all board members who speak during the hearing.

C. The board may establish committees to carry out the provisions of the Architectural Act. The board or any committee [thereof] of the board shall have the power to subpoena any witness, to administer oaths and to take testimony concerning matters within its jurisdiction. It is within the jurisdiction of the board to determine and prescribe by [regulations] rule the professional and technical qualifications necessary for the practice of architecture in New Mexico. The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and may make rules not inconsistent with law.

D. The board may offer, engage in and promote educational and other activities as it deems necessary to fulfill its duty to promote the public welfare.

E. The board may, for the purpose of protecting the citizens of New Mexico and promoting current architectural knowledge and practice, adopt rules establishing continuing education requirements as a condition of registration renewal.

F. Members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance. All expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including authorized reimbursement and necessary expenses incident to cooperation with like boards of other states, shall be paid by the state treasurer out of the "fund of the board of examiners for architects" on the warrant of the secretary of finance and administration issued upon vouchers signed by the chair or the chair's designee; provided, however, that at no time shall the total warrants issued exceed the total amount of funds accumulated under the Architectural Act. All money derived from the operation of the Architectural Act shall be deposited with the state treasurer, who shall keep the money in the fund of the board of examiners for architects.

G. The board shall by rule provide for the examinations required for registration. The board shall keep a complete record of all examinations.

H. Upon application for registration, upon a prescribed form and upon payment by the applicant of a fee set by the board, the board shall consider the application and, in cases as herein authorized, shall issue a certificate of registration as an architect to any person who submits evidence satisfactory to the board that the person is fully qualified to practice architecture.

I. It is the duty of the board to report to the district attorney of the district where the offense was committed any criminal violation of the Architectural Act.

J. The board may deny, review, suspend or revoke a registration to practice architecture and may censure, fine, reprimand and place on probation and stipulation any architect in accordance with the Uniform Licensing Act for any cause as stated in the Architectural Act.

K. The board, in cooperation with the state board of [registration] licensure for professional engineers and [land] surveyors and the board of landscape architects, shall create a joint standing committee to be known as the "joint practice committee". In order to safeguard life, health and property and to promote public welfare, the purpose of the committee is to promote and develop the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of the committee and its duties and powers shall be in accordance with identical resolutions adopted by each board.

L. In carrying out its powers and duties pursuant to this section and Section 61-15-5 NMSA 1978, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 30. Section 61-17A-6 NMSA 1978 (being Laws 1993, Chapter 171, Section 6, as amended) is amended to read:

"61-17A-6. BOARD CREATED--MEMBERSHIP.--

A. The "board of barbers and cosmetologists" is created. [The board shall be administratively attached to the regulation and licensing department.] The board shall consist of nine members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appointment, the governor shall appoint members to abbreviated terms to allow staggering of subsequent appointments. Vacancies shall be filled in the manner of the original appointment.

B. Of the nine members of the board, five shall be licensed pursuant to the Barbers and Cosmetologists Act and shall have at least five years' practical experience in their respective occupations. Of those five, two members shall be licensed barbers, two members shall be licensed cosmetologists and one member shall represent school owners. The remaining four members shall be public members. Neither the public members nor their spouses shall have ever been licensed pursuant to the provisions of the Barbers and Cosmetologists Act or similar prior legislation or have a financial interest in a school or establishment.

C. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

D. The board shall elect from among its members a chairman and such other officers as it deems necessary. The board shall meet at the call of the chairman, not less than four times each year. A majority of members currently serving shall constitute a quorum for the conduct of business.

E. [No] A board member shall not serve more than two full consecutive terms and any member who fails to attend, after proper notice, three meetings shall automatically be recommended for removal unless excused for reasons set forth by board [regulation] rule."

Section 31. 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] manicurist-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, estheticians, electrologists, instructors, schools, enterprises and establishments;

(9) establish administrative penalties and fines;

(10) create and establish standards and fees for special licenses;

[(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 member of the board [its employees or agents] may enter and inspect, or the board may effect an inspection of, any school, enterprise or establishment at any time during regular business hours for the purpose of determining compliance with the Barbers and Cosmetologists Act.

D. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 32. Section 61-23-10 NMSA 1978 (being Laws 1987, Chapter 336, Section 10, as amended) is amended to read:

"61-23-10. DUTIES AND POWERS OF THE BOARD.--

A. It shall be the duty of the board to administer the provisions of the Engineering and Surveying Practice Act and to exercise the authority granted the board in that act. [The board is authorized to engage such personnel, including an executive director, as it may deem necessary.]

B. The board shall have the power to adopt and amend all bylaws and rules of procedure consistent with the constitution and the laws of this state that may be reasonable for the proper performance of its duties and the regulation of its procedures, meeting records, examinations and the conduct thereof. The board shall adopt and promulgate rules of professional responsibility for professional engineers and professional surveyors. All such bylaws and rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.

C. To effect the provisions of the Engineering and Surveying Practice Act, the board may, under the chairperson's hand and the board's seal, subpoena witnesses and compel the production of books, papers and documents in any disciplinary action against a licensee or a person practicing or offering to practice without licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If [any] a person refuses to obey [any] a subpoena so issued or refuses to testify or produce any books, papers or documents, the board may apply to a court of competent jurisdiction for an order to compel the requisite action. If [any] a person willfully fails to comply with such an order, that person may be held in contempt of court.

D. The board may apply for injunctive relief to enforce the provisions of the Engineering and Surveying Practice Act or to restrain any violation of that act. The members of the board shall not be personally liable under this proceeding.

E. The board may subject an applicant for licensure to such examinations as it deems necessary to determine his qualifications.

F. The board shall create enforcement advisory committees composed of licensees as necessary. Each committee shall include at least four licensees in the same category as the respondent. An engineering enforcement advisory committee shall have at least one licensee in the same branch as the respondent. Enforcement advisory committees shall provide technical assistance to the board and its staff. The board shall select members from a list of volunteers submitting their resumes and letters of interest.

G. [No] An action or other legal [proceedings] proceeding for damages shall not be instituted against the board, any board member or an agent, an employee or a member of an advisory committee of the board for any act done in good faith and in the intended performance of any power or duty granted pursuant to the Engineering and Surveying Practice Act or for any neglect or default in the good faith performance or exercise of any such power or duty.

H. The board, in cooperation with the board of examiners for architects and the board of landscape architects, shall create a joint standing committee to be known as the "joint practice committee". In order to safeguard life, health and property and to promote the public welfare, the committee shall have as its purpose the promotion and development of the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of the committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.

I. As used in the Engineering and Surveying Practice Act, "incidental practice" shall be defined by identical [regulations] rules of the board and the board of examiners for architects.

J. In carrying out its duties and powers pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 33. 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; and

H. in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 34. Section 61-24C-5 NMSA 1978 (being Laws 1989, Chapter 53, Section 5) 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; and

H. in carrying out its powers and duties pursuant to this section, shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 35. 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) retain its own counsel to advise and assist it in addition to advice and assistance provided by the attorney general;

(4)] (2) contract, sue and be sued and have and use a seal;

[(5)] (3) 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)] (4) 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.

C. In carrying out its powers and duties pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which it shall be administratively attached."

Section 36. 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] is 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 unexpired term. The governor may remove any 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 final action on any proposed changes or amendments 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 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.] In carrying out its powers and duties pursuant to this section, the commission shall use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 37. Section 61-30-7 NMSA 1978 (being Laws 1990, Chapter 75, Section 7, as amended) is amended to read:

"61-30-7. BOARD--POWERS--DUTIES.--The board shall:

A. adopt rules necessary to implement the provisions of the Real Estate Appraisers Act;

B. establish educational programs and research projects related to the appraisal of real estate;

C. establish the administrative procedures for processing applications and issuing registrations, licenses and certificates to persons who qualify to be registered, licensed and certified real estate appraisers;

D. receive, review and approve applications for state-registered real estate appraisers, state-licensed real estate appraisers and each category of state-certified real estate appraisers and, for state-licensed or -certified real estate appraisers, prepare or supervise the preparation of examination questions and answers and supervise grading of examinations and enter into contracts with one or more educational testing services or organizations for such examinations;

E. define the extent and type of educational experience, appraisal experience and equivalent experience that will meet the requirements for registration, licensing and certification under the Real Estate Appraisers Act after considering generally recognized appraisal practices and set minimum requirements for education and experience;

F. provide for continuing education programs for the renewal of registrations, licenses and certification that will meet the requirements provided in the Real Estate Appraisers Act and set minimum requirements;

G. adopt standards to define the education programs that will meet the requirements of the Real Estate Appraisers Act and will encourage conducting programs at various locations throughout the state;

H. adopt standards for the development and communication of real estate appraisals provided in the Real Estate Appraisers Act and adopt rules explaining and interpreting the standards after considering generally recognized appraisal practices;

I. adopt a code of professional responsibility for state-registered, -licensed and -certified real estate appraisers;

J. comply with annual reporting requirements and other requirements set forth in the federal real estate appraisal reform amendments;

K. maintain a registry of the names and addresses of the individuals who hold current registrations, licenses and certificates issued under the Real Estate Appraisers Act;

L. establish procedures for disciplinary action in accordance with the Uniform Licensing Act against any applicant or holder of a registration, license or certificate for violations of the Real Estate Appraisers Act and any rules adopted pursuant to provisions of that act; [and]

M. perform such other functions and duties as may be necessary to carry out the provisions of the Real Estate Appraisers Act; and

N. in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the board shall be administratively attached."

Section 38. Section 61-31-7 NMSA 1978 (being Laws 1989, Chapter 51, Section 7, as amended) is amended to read:

"61-31-7. BOARD CREATED.--

A. There is created the "board of social work examiners".

[B. The board shall be administratively attached to the department.

C.] B. The board shall consist of seven members who are representative of the geographic and ethnic groups within New Mexico, who are United States citizens and who have been New Mexico residents for at least five years prior to their appointment. Of the seven members:

(1) four members shall have been engaged in social work practice for at least five years; at least two of the four shall hold a master's degree in social work; and at least two shall hold a bachelor's degree in social work from schools of social work that are accredited by the council on social work education. At least one of these members shall be engaged primarily in clinical social work practice; one member shall be engaged primarily in education; one member shall be engaged primarily in administration or research in social work practice; and at least one member shall be engaged primarily in community organization, planning and development. These members shall not hold office in any professional organization of social workers during their tenure on the board; and

(2) three members shall represent the public. The public members shall not have been licensed or have practiced as social workers. Public members shall not have any significant financial interest, whether direct or indirect, in social work practice.

[D.] C. Members of the board shall be appointed by the governor for staggered terms of three years. [except that, in making the initial appointments, three members shall be appointed for terms ending June 30, 1990; three members for terms ending June 30, 1991; and four members for terms ending June 30, 1992] Each member shall hold office until his successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as original appointments.

[E.] D. Except for the representatives of the public on the board, the governor shall appoint board members from a list of nominees submitted by social work organizations and individual social work professionals.

[F.] E. 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.

[G.] F. The board shall elect a chairman and other officers as deemed necessary to administer its duties.

[H.] G. A simple majority of the board members currently serving shall constitute a quorum of the board.

[I.] H. The board shall meet at least once a year and at such other times as it deems necessary. Other meetings may be called by the chairman upon the written request of a quorum of the board.

[J.] I. The governor may remove any member from the board for the neglect of any duty required by law, for incompetence, for improper or unprofessional conduct as defined by board [regulation] rule or for any reason that would justify the suspension or revocation of his license to practice social work.

[K. No] J. A board member shall not serve more than two consecutive terms, and any member failing to attend, after proper notice, three [executive] consecutive meetings shall automatically be removed as a board member, unless excused for reasons set forth in board regulations.

[L.] K. In the event of a vacancy for any reason, the board secretary shall immediately notify the governor and the board of the vacancy and the reason for its occurrence to expedite the appointment of a new board member within a six-month period.

L. The board shall keep a record of all proceedings and make an annual report to the governor."

Section 39. Section 61-31-8 NMSA 1978 (being Laws 1989, Chapter 51, Section 8) is amended to read:

"61-31-8. BOARD'S AUTHORITY AND DUTY.--

A. In addition to any authority provided by law, the board shall have the authority to:

[A.] (1) 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.] (2) select, prepare and administer, at least annually, written examinations for licensure which shall include a testing of the knowledge of New Mexico cultures;

[C.] (3) adopt a professional code of ethics;

[D.] (4) appoint advisory committees pursuant to Section [19 of the Social Work Practice Act] 61-31-19 NMSA 1978;

[E.] (5) 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.] (6) require and establish criteria for continuing education;

[G.] (7) 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.] (8) approve appropriate supervision for those persons seeking licensure as [an] independent social [worker] workers;

[I.] (9) issue provisional licenses and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;

[J.] (10) determine qualifications for licensure;

[K.] (11) 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.] (12) contract with the department for the provisions of space [and administrative support; and

N. keep a record of all proceedings and shall make an annual report to the governor].

B. In exercising its authority and carrying out its duty pursuant to this section, the board shall use clerical, record-keeping and administrative support staff hired by the department to which the board shall be administratively attached."

Section 40. Section 61-32-5 NMSA 1978 (being Laws 1993, Chapter 204, Section 5, as amended) is amended to read:

"61-32-5. BOARD CREATED.--

A. There is created the "board of thanatopractice".

[B. The board is administratively attached to the department.

C.] B. The board consists of six members. Three members shall be funeral service practitioners who have been licensed in this state for at least five years; two members shall represent the public and shall not have been licensed for the practice of funeral service or direct disposition in this state or any other jurisdiction and shall not ever have had any financial interest, direct or indirect, in any funeral, commercial or direct disposition establishment or crematory; and one member shall be a licensed direct disposer or health care practitioner who has been licensed in this state for at least five years.

[D.] C. Members of the board shall be appointed by the governor for terms of four years. Each member shall hold office until his successor is duly qualified and appointed. Vacancies shall be filled for any unexpired term in the same manner as original appointments.

[E.] D. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall not receive [no] other compensation, perquisite or allowance.

[F.] E. A simple majority of the board members currently serving constitutes a quorum.

[G.] F. The board shall hold at least two regular meetings each year and shall meet at such other times as it deems necessary.

[H. No] G. A board member shall serve not more than two full consecutive terms. The board shall recommend removal of any board member who has three unexcused absences from properly noticed meetings within a twelve-month period and may recommend removal of a board member for any other just cause.

[I.] H. The board shall elect a chairman and other officers as deemed necessary to administer its duties."

Section 41. Section 61-33-4 NMSA 1978 (being Laws 1973, Chapter 394, Section 4, as amended) is amended to read:

"61-33-4. POWERS AND DUTIES OF COMMISSION.--The commission shall:

A. adopt regulations that classify public water supply systems and public wastewater facilities into categories for each type of utility based on:

(1) the size and type of system or facility;

(2) the capacity of the system or facility based on the size of the serviced area and the number and size of the users to be served;

(3) the type and character of the water or wastewater to be treated; and

(4) [the] physical conditions affecting the treatment plants, collection systems and distribution systems;

B. adopt regulations providing standards and criteria for the certification of plant operators based on their qualifications and their ability to supervise or operate public water supply systems or public wastewater facilities of the various classifications;

C. approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of public water supply system operator and public wastewater facility operator;

D. prepare and administer written and practical examinations, based on nationally accepted standards, for certification of applicants as operators for one of the facility classifications established under Subsection A of this section;

E. enter into agreements, contracts or cooperative arrangements with agencies of the federal, state or local governments or other organizations or individuals under such terms and conditions as the agency deems appropriate;

F. receive and accept financial and technical assistance from the federal government and other public or private agencies;

G. appoint a seven-member board from the certified public water supply system operators and public wastewater facility operators to function with the commission to establish qualifications of operators, classify systems, adopt regulations and advise the administration of the Utility Operators Certification Act. Two board members selected by the board shall sit as commission members on matters to which that act is applicable; [and]

H. adopt and file under the State Rules Act rules [and regulations] necessary to carry out the provisions of the Utility Operators Certification Act; and

I. in carrying out its powers and duties pursuant to this section, use clerical, record-keeping and administrative support staff hired by the regulation and licensing department to which the commission shall be administratively attached."

Section 42. REPEAL.--Section 61-29-4.3 NMSA 1978 (being Laws 2001, Chapter 163, Section 12) is repealed.

Section 43. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.