reglab/housing_qa huggingface dataset:
NM Stat § 61-7-4 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-4 - Health care provider boards; additional powers and duties.

A. If the board has reasonable cause to believe that a health care provider licensed, registered or certified to practice in this state is unable to practice with reasonable skill and safety to patients because of a condition described in Section 61-7-3 NMSA 1978, the board shall appoint an examining committee as described in Subsection B of this section to examine the health care provider and shall, following the examination, take appropriate action within the provisions of the Impaired Health Care Provider Act. B. The appropriate board shall designate three licensed health care providers to be members of an examining committee. History: 1953 Comp., § 67-42-4, enacted by Laws 1976, ch. 3, § 4; recompiled as 1953 Comp., § 67-8A-4; 1991, ch. 148, § 5; 1993, ch. 326, § 1; 1995, ch. 96, § 4. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "Health care provider boards" for "New Mexico Board of Medical Examiners; board of osteopathic medical examiners" in the section heading; substituted "health care provider" for "physician" throughout the section; in Subsection A, inserted "registered or certified" near the beginning, deleted "medicine" following "practice" in two places, and made a minor stylistic change; in Subsection B, inserted "appropriate", and deleted a former second sentence which read "The examining committee shall include at least one psychiatrist if a question of mental illness is involved". The 1993 amendment, effective June 18, 1993, made stylistic changes near the middle of Subsection A and rewrote the first sentence of Subsection B. The 1991 amendment, effective June 14, 1991, added "New Mexico" at the beginning of the section heading; in Subsection A, substituted "Section 61-7-3 NMSA 1978" for "Section 3 of the Impaired Physician Act", substituted "the Impaired Physician Act" for "the Act" at the end of the Subsection and made minor stylistic changes, and rewrote Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure §§ 49 to 86.
NM Stat § 61-7-6 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-6 - Voluntary restriction of licensure.

A health care provider may request in writing to the board a restriction of the license, registration or certification to practice. The board may grant the request for restriction and shall have authority, if it deems appropriate, to attach conditions to the license, registration or certification of the health care provider to practice within specified limitations and waive the commencement of any proceeding pursuant to provisions of Section 61-7-8 NMSA 1978. Removal of a voluntary restriction on licensure to practice shall be subject to the procedure for reinstatement of license, registration or certification in Section 61-7-9 NMSA 1978. History: 1953 Comp., § 67-42-6, enacted by Laws 1976, ch. 3, § 6; recompiled as 1953 Comp., § 67-8A-6; 1993, ch. 326, § 3; 1995, ch. 96, § 6. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "health care provider" for "physician" in two places; inserted "registration or certification" in three places; deleted "medicine" following "practice" in two places; and made minor stylistic changes throughout the section. The 1993 amendment, effective June 18, 1993, made stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 32. 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 27.
NM Stat § 61-7-7 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-7 - Report to the board; action.

A. An examining committee shall report to the board its findings on the examination of the person as provided in Section 61-7-5 NMSA 1978, the determination of the committee as to the fitness of the person to engage in practice with reasonable skill or safety to patients, either on a restricted or unrestricted basis, and any management that the committee may recommend. Recommendation by the committee shall be advisory only and shall not be binding on the board. B. The board may accept or reject any finding, determination or recommendation of an examining committee regarding a health care provider's ability to continue to practice with or without any restriction on the license, registration or certification or may refer the matter back to an examining committee for further examination and report. C. In the absence of a voluntary agreement by a health care provider as provided in Section 61-7-6 NMSA 1978 for restriction of the license, registration or certification of the person to practice, any person shall be entitled to a hearing under and in accordance with the procedure contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] before the board and a determination on the evidence as to whether restriction, suspension or revocation of license, registration or certification shall be imposed. History: 1953 Comp., § 67-42-7, enacted by Laws 1976, ch. 3, § 7; recompiled as 1953 Comp., § 67-8A-7; 1993, ch. 326, § 4; 1995, ch. 96, § 7. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "person" for "physician" throughout the section; deleted "medicine" following "practice" in three places; substituted "health care provider" for "physician" throughout the section; inserted "registration or certification" in Subsection B and in two places in Subsection C; and made stylistic changes throughout the section. The 1993 amendment, effective June 18, 1993, made stylistic changes in Subsections A and C, and rewrote Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure § 60.
NM Stat § 61-7-9 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-9 - Reinstatement of license.

A health care provider whose license, registration or certification has been restricted, suspended or revoked pursuant to provisions of the Impaired Health Care Provider Act, voluntarily or by action of the board, shall have a right, at reasonable intervals, to petition for reinstatement and to demonstrate that the health care provider can resume the competent practice with reasonable skill and safety to patients. Petition shall be made in writing and on a form prescribed by the board. Action of the board on the petition shall be initiated by referral to and examination by an examining committee pursuant to the provisions of Sections 61-7-4 and 61-7-5 NMSA 1978. The board may, in its discretion and upon written recommendation of the examining committee, restore the license, registration or certification of the health care provider on a general or limited basis. History: 1953 Comp., § 67-42-9, enacted by Laws 1976, ch. 3, § 9; recompiled as 1953 Comp., § 67-8A-9; 1993, ch. 326, § 6; 1995, ch. 96, § 9. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "health care provider" for "physician" throughout the section; inserted "registration or certification" in two places; and made minor stylistic changes throughout the section. The 1993 amendment, effective June 18, 1993, made stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 120. 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52.
NM Stat § 61-7-10 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-10 - Judicial review.

All orders of the board made pursuant to provisions of Subsection C of Section 61-7-8 NMSA 1978 shall be subject to judicial review as provided for in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. The decision of the board shall not be stayed or enjoined pending review by a district court but may be stayed or enjoined pending review by the court of appeals or the New Mexico supreme court. History: 1953 Comp., § 67-42-10, enacted by Laws 1976, ch. 3, § 10; recompiled as 1953 Comp., § 67-8A-10; 1993, ch. 326, § 7; 1995, ch. 96, § 10. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, in the first sentence, substituted "made pursuant to provisions of" for "under" and made a related stylistic change. The 1993 amendment, effective June 18, 1993, made stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 117, 118. 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 25, 51.
NM Stat § 61-7-11 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-11 - Protected action and communication.

There shall be no liability on the part of and no action for damages against: A. any member of an examining committee of the board for any action undertaken or performed by such member within the scope of the functions or such committee or board under the Impaired Health Care Provider Act when acting in good faith and in the reasonable belief that the action taken is warranted; or B. any person providing information to an examining committee or to the board in good faith in the reasonable belief that the information is accurate. History: 1953 Comp., § 67-42-11, enacted by Laws 1976, ch. 3, § 11; recompiled as 1953 Comp., § 67-8A-11; 1993, ch. 326, § 8; 1995, ch. 96, § 11. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, rewrote the section which read "There shall be no liability on the part of and no action for damages against any person providing information to the committee or to the board in good faith in the reasonable belief that the information is accurate". Am. Jur. 2d, A.L.R. and C.J.S. references. — 63C Am. Jur. 2d Public Officers and Employees § 301 et seq. Malice as ground of attack on or relief from acts or regulations of public officers in exercise of discretionary powers, 57 A.L.R. 208. 73 C.J.S. Public Administrative Law and Procedure § 15.
NM Stat § 61-7-12 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7 - Impaired Health Care Provider|Section 61-7-12 - Impaired health care provider treatment program.

A. The board has the authority to enter into an agreement to implement an impaired health care provider treatment program. B. For the purposes of this section, "impaired health care provider treatment program" means a program of care and rehabilitation services provided by those organizations authorized by the board to provide for the detection, intervention and monitoring of impaired health care providers. History: 1978 Comp., § 61-7-12, enacted by Laws 1987, ch. 204, § 2; 1995, ch. 96, § 12. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "health care provider" for "physician" in the section heading and in three places in the text of the section and deleted "with a nonprofit corporation" following "agreement" in Subsection A.
NM Stat § 61-7A-1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-1 - Short title. (Repealed effective July 1, 2028.)

Sections 1 through 15 [61-7A-1 to 61-7A-15 NMSA 1978] of this act may be cited as the "Nutrition and Dietetics Practice Act". History: Laws 1989, ch. 387, § 1. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978.
NM Stat § 61-7A-2 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-2 - Legislative findings; purpose of act. (Repealed effective July 1, 2028.)

A. The legislature finds that the application of scientific knowledge relating to food plays an important part in the treatment of disease and in the attainment and maintenance of health. The legislature further finds that the rendering of dietetics services in institutions and other settings requires trained and competent professionals. B. The purpose of the Nutrition and Dietetics Practice Act is to safeguard life and health and to promote the public welfare by providing for the licensure and regulation of the persons engaged in the practice of nutrition and dietetics in the state and by providing the consumer a means of identifying those qualified to practice nutrition or dietetics. History: Laws 1989, ch. 387, § 2. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978.
NM Stat § 61-7A-3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-3 - Definitions. (Repealed effective July 1, 2028.)

As used in the Nutrition and Dietetics Practice Act: A. "association" means the American dietetic association; B. "board" means the nutrition and dietetics practice board; C. "commission" means the commission on dietetic registration that is a member of the national commission on health certifying agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system; D. "dietitian" means a health care professional who engages in nutrition or dietetics practice and uses the title dietitian; E. "nutrition or dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services; F. "nutrition care services" means: (1) assessment of the nutritional needs of individuals and groups and determining resources and constraints in the practice setting; (2) establishment of priorities, goals and objectives that meet nutritional needs in a manner consistent with available resources and constraints; (3) provision of nutrition counseling in health and disease; (4) development, implementation and management of nutrition care systems; and (5) evaluation, adjustment and maintenance of appropriate standards of quality in food and nutrition care; G. "nutritional assessment" means the evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and recommend appropriate nutritional intake, including enteral and parenteral nutrition; H. "nutrition counseling" means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status; I. "nutrition associate" means a health care professional who engages in nutrition or dietetics practice under the supervision of a dietitian or nutritionist; and J. "nutritionist" means a health care professional who engages in nutrition or dietetics practice and uses the title nutritionist. History: Laws 1989, ch. 387, § 3. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978.
NM Stat § 61-7A-4 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-4 - License required; exemptions. (Repealed effective July 1, 2028.)

A. After April 1, 1990, no person shall engage in nutrition or dietetics practice, or use or include the titles or represent himself to be a dietitian, nutritionist or nutrition associate unless he is licensed under the Nutrition and Dietetics Practice Act. B. Nothing in the Nutrition and Dietetics Practice Act is intended to: (1) limit, interfere with or prevent any other licensed health care professional from engaging in nutrition and dietetics practice within the limits of his licensure, except that he shall not hold himself out as a dietitian, nutritionist or nutrition associate; (2) limit, interfere with or prevent employees of state or federal agencies from using the term "dietitian" or "nutritionist" as defined in state or federal personnel qualifications where these terms are used in their job titles, except that the use of these terms shall be limited to the period and practice of their employment with the state or federal agency establishing those qualifications; (3) prevent an individual who does not hold himself out as a dietitian, nutritionist or nutrition associate from furnishing oral or written nutritional information on food, food materials or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with the marketing and distribution of those products; (4) prevent any person from providing weight control services provided the program has been reviewed by, consultation is available from and no program change can be initiated without prior approval by a licensed dietitian or licensed nutritionist, a dietitian or nutritionist licensed in another state which has licensure requirements at least as stringent as the requirements for licensure under the Nutrition and Dietetics Practice Act, or a dietitian registered by the commission; (5) prevent a dietetic technician registered (DTR) from engaging in nutrition or dietetics practice under the supervision of a licensed dietitian or licensed nutritionist; (6) apply to or affect students of approved or accredited dietetics or nutrition training or education programs who engage in nutrition or dietetics practice under the supervision of a licensed dietitian or licensed nutritionist as a part of their approved or accredited training or education program for the duration of that program; or (7) interfere with or prevent persons recognized in their communities as curanderos or medicine men from advising or ministering to people according to traditional practices, as long as they do not hold themselves out to be dietitians, nutritionists or nutrition associates. History: Laws 1989, ch. 387, § 4. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 4, 14, 45 to 46; 39 Am. Jur. 2d Health § 25. 39A C.J.S. Health and Environment §§ 37, 47; 53 C.J.S. Licenses §§ 5, 7, 30, 37 to 40.
NM Stat § 61-7A-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-5 - Board created. (Repealed effective July 1, 2028.)

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 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 shall be filled for the balance of the unexpired term within ninety days of the vacancy by appointment by the governor. C. No board member shall 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 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 [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1989, ch. 387, § 5; 1996, ch. 51, § 1. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978. The 1996 amendment, effective March 5, 1996, in Subsection A, substituted "five" for "seven" in the second sentence, inserted "licensed" and substituted "two" for "four" in third sentence and rewrote the fourth sentence; deleted former Subsection B relating to initial appointments to the board and redesignated the following subsections accordingly; and in Subsection D, substituted "two" for "three" in the third sentence, substituted "Three" for "Four" and "one" for "two" in the fourth sentence and added the last sentence.
NM Stat § 61-7A-6 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 7A - Nutrition and Dietetics Practices|Section 61-7A-6 - Board; duties. (Repealed effective July 1, 2028.)

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 [61-1-1 to 61-1-31 NMSA 1978]; (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 [Chapter 14, Article 4 NMSA 1978] 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. History: Laws 1989, ch. 387, § 6; 1996, ch. 51, § 2. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-7A-15 NMSA 1978. The 1996 amendment, effective March 5, 1996, in Subsection A, added Paragraph (1) and redesignated the following paragraphs accordingly, and substituted "three-fifths" for "two-thirds" in Paragraph (8).