NM Stat § 61-10-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 10 - Osteopathic Medicine|Section 61-10-5 - Board of osteopathic medicine [New Mexico medical board]; appointment; terms; meetings; membership; examinations; duties; powers. (Repealed effective July 1, 2022.)

A. The "board of osteopathic medicine" [New Mexico medical board] is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of seven members appointed by the governor as follows: (1) five members with at least two years of experience in their respective fields immediately preceding their appointment who are licensed as follows: (a) four members who are osteopathic physicians licensed in good standing pursuant to Section 61-10-8 NMSA 1978; and (b) one member who is an osteopathic physician assistant licensed in good standing pursuant to the Osteopathic Medicine Act; and (2) two public members. The public members of the board shall not: (a) have been licensed as osteopathic physicians or as osteopathic physician assistants; or (b) have any significant financial interest, direct or indirect, in the occupation regulated. B. The governor shall appoint board members who are osteopathic physicians and osteopathic physician assistants respectively from a list of five qualified osteopathic physicians and five osteopathic physician assistants that the New Mexico osteopathic medical association or its authorized governing body or council provides. C. The board shall: (1) issue licenses to individuals who meet the qualifications for licensure as osteopathic physicians or osteopathic physician assistants; (2) discipline osteopathic physicians and osteopathic physician assistants for incompetence or unprofessional or dishonorable conduct; (3) protect the public from the unauthorized practice of osteopathy; (4) enforce and administer the provisions of the Osteopathic Medicine Act; (5) adopt and promulgate in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and the State Rules Act [Chapter 14, Article 4 NMSA 1978] all rules for the implementation and enforcement of the Osteopathic Medicine Act. Rulemaking shall include adoption and promulgation of rules related to the management of pain based on a review of national standards for pain management; (6) adopt and use a seal; (7) administer oaths to applicants, witnesses and others appearing before the board, as the board deems appropriate; (8) take testimony on matters within the board's jurisdiction; (9) adopt and promulgate rules relating to the oversight of osteopathic physicians who supervise pharmacist clinicians; (10) keep an accurate record of all of its meetings, receipts and disbursements; (11) 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; (12) grant, deny, review, suspend and revoke licenses to practice osteopathic medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act for any cause stated in the Osteopathic Medicine Act; (13) hire or contract with investigators as it deems necessary to investigate possible violations of the Osteopathic Medicine Act; (14) establish continuing medical education requirements that coincide with continuing medical education cycles of the American osteopathic association for licensed osteopathic physicians and osteopathic physician assistants; and (15) establish committees as it deems necessary for executing board duties. D. The board may adopt and enforce rules for osteopathic physician assistants for: (1) establishing qualifications of education, skill and experience for licensure of a person as an osteopathic physician assistant and providing forms and procedures for licensure and for biennial registration of supervision; (2) examining and evaluating applicants for licensure as an osteopathic physician assistant as to their skill, knowledge and experience in the field of medical care; (3) establishing when and for how long an osteopathic physician assistant is permitted to prescribe, administer and distribute dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] after consultation with the board of pharmacy; (4) allowing a supervising osteopathic physician to temporarily delegate supervisory responsibilities for an osteopathic physician assistant to another supervising physician; (5) allowing an osteopathic physician assistant to temporarily serve under a supervising physician other than the supervising physician of record; and (6) the purpose of carrying out all other provisions of the Osteopathic Medicine Act. E. Board members shall be appointed for staggered terms of four years so that not more than three members' terms expire in any one year. A board member shall not serve more than two consecutive terms. The vacancy of the term of a member shall be filled by appointment by the governor to the unexpired portion of the four-year term. A board member whose term has expired shall serve until the member's successor is appointed. F. The board shall meet at the call of the chair at least three times a year and may hold other meetings as the chair deems necessary. A majority of the board constitutes a quorum. G. The board shall have an annual election of a chair and a vice chair and other officers as it deems necessary. H. The chair shall preside over the meetings and affairs of the board. The vice chair shall perform those duties that the chair assigns and shall serve as chair when the chair is absent. I. Members of the board are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties. J. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused for reasons established in board rules. History: Laws 1933, ch. 117, § 4; C.S. 1929, § 99-104; 1941 Comp., § 51-804; 1953 Comp., § 67-8-4; Laws 1963, ch. 43, § 12; 1975, ch. 296, § 3; 1979, ch. 36, § 1; 1989, ch. 371, § 1; 1991, ch. 189, § 13; 2003, ch. 408, § 11; repealed and reenacted by Laws 2016, ch. 90, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2021, ch. 54, § 48 provided that on June 18, 2021, all references in law to the board of osteopathic medicine shall be deemed to be references to the New Mexico medical board.Delayed repeals. — Laws 2021, ch. 54, § 49 repealed 61-10-5 NMSA 1978, effective July 1, 2022. Repeals and reenactments. — Laws 2016, ch. 90, § 5 repealed former 61-10-5 NMSA 1978, and enacted a new section, effective July 1, 2016. The 2003 amendment, effective July 1, 2003, added the second sentence in Subsection A. The 1991 amendment, effective June 14, 1991, in Subsection A, substituted "five members" for "six members", "three members" for "five members", and "two members" for "one member" in the second sentence and made related stylistic changes in the third sentence, and made a minor stylistic change in Subsection G. The 1989 amendment, effective June 16, 1989, in Subsection A substituted "Section 61-10-8" for "Sections 61-10-8 and 61-10-9" in the second sentence; in Subsection B rewrote the first sentence, which formerly read "The five professional members of the board shall continue in their staggered five-year terms of office and, on the effective date of this act the governor shall appoint the public member to a term expiring July 1, 1984", and added the last sentence; and in Subsection C substituted all of the present language of the first sentence following "meet" for "annually at a date fixed by the board, between August 20 and September 10 and shall elect officers for the ensuing year", added the present second sentence, and made a minor stylistic change in the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63C Am. Jur. 2d Public Officers and Employees §§ 42, 43. 73 C.J.S. Public Administrative Law and Procedure § 9.