2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-3 - Board created; appointment; officers; duties; compensation. (Repealed effective July 1, 2028.)

A. The "chiropractic board" is created and is administratively attached to the regulation and licensing department. The board shall consist of six persons, four of whom 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. A person shall not be appointed to the board who is an officer or employee of or who is financially interested in any school or college of chiropractic, medicine, surgery or osteopathy.
B. Members of the board shall be appointed by the governor for staggered terms of five years or less and in 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 association to the governor for 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 chair and a secretary-treasurer. A majority of the board constitutes a quorum. The board shall meet quarterly. Special meetings may be called by the chair 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 a meeting.
D. 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 [Chapter 14, Article 4 NMSA 1978], all rules 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, 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 rule mandatory continuing education requirements for chiropractic physicians and certified advanced practice chiropractic physicians licensed in this state.
H. Failure to comply with the rules adopted by the board shall be grounds for investigation, which may lead to revocation of license.
I. Members of the board shall be reimbursed 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.
History:
1953 Comp., § 67-3-11, enacted by Laws 1968, ch. 3, § 3; 1973, ch. 169, § 1; 1977, ch. 109, § 1; 1979, ch. 77, § 1; 1983, ch. 187, § 1; 1991, ch. 189, § 5; 1993, ch. 198, § 3; 2003, ch. 408, § 3; 2006, ch. 18, § 1; 2008, ch. 44, § 8; 2022, ch. 39, § 24.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, removed a provision requiring the chiropractic board to establish regulations related to continuing education requirements in accordance with the provisions of the Uniform Licensing Act and instead required the chiropractic board to establish by rule mandatory continuing education requirements for chiropractic physicians and certified advanced practice chiropractic physicians licensed in this state, and made technical amendments; in Subsection A, deleted "There is created", after "The 'chiropractic board'", deleted "The board shall be" and added "is created and is", and after "four", deleted "shall" and added "of whom"; in Subsection F, after "all rules", deleted "and regulations"; in Subsection G, after "shall establish by", deleted "regulations adopted in accordance with the provisions of the Uniform Licensing Act" and added "rule"; and in Subsection H, after "rules", deleted "and regulations".
The 2008 amendment,
effective May 14, 2008, added "certified advanced practice chiropractic physician" in Subsection G.
The 2006 amendment,
effective May 17, 2006, deleted former Subsection G, which required the board to hold examinations at least twice a year and to notify applicants of the examination.
The 2003 amendment,
effective July 1, 2003, added "The board shall be administratively attached to the regulation and licensing department." following the first sentence of Subsection A; and deleted "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" following "governor for staggered terms" near the beginning of Subsection B.
The 1993 amendment,
effective June 18, 1993, in Subsection B, substituted "chiropractic associations" for "chiropractic association" in the third sentence; in Subsection C, substituted "A majority" for "Three members" and "constitutes" for "constitute" in the second sentence and substituted "quarterly" for "at least every three months" in the third sentence; divided former Subsection E into Subsections E and F, deleting "and" at the end of Subsection E and adding "The board shall" at the beginning of Subsection F; inserted "Physician" and added "including educational requirements for a chiropractic assistant" at the end of Subsection F; redesignated former Subsections F to I as Subsections G to J; and rewrote Subsection I.
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted "six persons" for "five persons" in the second sentence, "Four" for "Three" in the third sentence, "Two persons" for "The fifth person" at the beginning of the fourth sentence, and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 21 to 24.