FORTY-NINTH LEGISLATURE

FIRST SESSION

March 16, 2009

SENATE FLOOR AMENDMENT number ___1___ toHOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE HEALTH AND GOVERNMENT AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 498, as amended

Amendment sponsored by Senator

    1. Strike Senate Public Affairs Committee Amendments 4 and 67.

    2. On page 2, line 21, strike "technical" and insert in lieu thereof "therapy".

    3. On page 14, between lines 11 and 12, insert the following new section:

    "Section 12. A new section of the Medical Imaging and Radiation Therapy Health and Safety Act is enacted to read:

    "[NEW MATERIAL] MEDICAL IMAGING AND RADIATION THERAPY ADVISORY COUNCIL--CREATION AND ORGANIZATION.--

         A. The "medical imaging and radiation therapy advisory council" is established, consisting of eleven members. The members shall be appointed by the governor, after consultation with the secretary of environment and professional organizations representing medical imaging and radiation therapy, for three-year staggered terms. The governor shall fill any vacancy occurring on the council within sixty days of the vacancy. The replacement appointee shall serve the remainder of the original member's unexpired term.

         B. The members of the council shall be:

             (1) six medical imaging professionals licensed by the department, representing each medical imaging modality defined under the Medical Imaging and Radiation Therapy Health and Safety Act, including one licensed radiographer and one licensed radiologist assistant;

             (2) one individual who holds a certificate of limited practice in radiography;

             (3) three physicians licensed pursuant to Section 61-6-1 or 61-10-1 NMSA 1978, each of whom represents a different medical specialty, only one of whom shall be a radiologist and at least one of whom shall be from a rural area; and

             (4) one member of the general public who is not licensed by the department nor a relative of anyone licensed by the department.

         C. The council may create ad hoc disciplinary review committees to consider medical matters and make recommendations to the council. Ad hoc disciplinary review committees shall, at a minimum, include:

              (1) one individual licensed by the department in the specific modality in question and who holds similar credentials as the individual under disciplinary review;

             (2) one physician, licensed pursuant to Section 61-6-1 or 61-10-1 NMSA 1978, who is experienced in the modality in question; and

             (3) one member of the general public.

          D. A member shall serve no more than two consecutive three-year terms.

         E. A member of the council may receive per diem and mileage as provided for non-salaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance in connection with the discharge of the duties as a council member.

         F. A member failing to attend three consecutive regular and properly noticed meetings of the council without a reasonable excuse shall be automatically removed from the council.

         G. In the event of a vacancy, the department shall immediately notify the governor of the vacancy. Within ninety days of receiving notice of a vacancy, the governor shall appoint a qualified person to fill the remainder of the unexpired term.

         H. A majority of the council members currently serving constitutes a quorum of the council.

         I. The council shall meet at least once a year and at such other times as it deems necessary.

         J. The council shall annually elect officers as deemed necessary to administer its duties.

         K. Notwithstanding the provisions of Subsections A through I of this section, members shall initially be appointed by the governor so that five members shall be appointed for terms of three years and six members shall be appointed for terms of five years. Thereafter, the additional members shall be appointed by the governor for staggered terms of three years each.

         L. As used in this section:

             (1) "relative" means a person's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister or spouse's parent; and

             (2) "rural" means an area or location within a county having fifty thousand or fewer inhabitants as of the last federal decennial census."".

                                    _______________________________

Adopted ___________________ Not Adopted ________________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________