2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-10 - Hospital governing boards for county hospitals; members; appointment; terms; powers; bonds.

A. The county commissioners of a county or counties maintaining or operating a county hospital are authorized to appoint a hospital governing board to be composed of either five, seven or nine members. The hospital governing board so appointed shall have the authority to exercise all powers that the county is granted by the Hospital Funding Act for the operation of such hospitals except the powers to issue bonds, call a mill levy election, levy the annual assessments for the mill levy authorized by the Hospital Funding Act and to dispose of real property of the hospital acquired with the proceeds of any bond issue.
B. Members of the hospital governing board shall be appointed by the board of county commissioners for staggered terms of three years or less. Appointments shall be made in such a manner that the terms of not more than one-third of the members, or as near thereto as possible, expire on June 30 of each year. Vacancies shall be filled for the unexpired term by appointment by the board of county commissioners.
C. The hospital governing board shall select from its membership a president and a secretary. After their appointment, none of the members of the hospital governing board shall be removed except for cause specified in a written charge and after full public hearing on the charge.
D. The hospital governing board shall account annually for the receipt and expenditures of funds received for the operation of the hospital.
E. The county commissioners, by an agreement for the maintenance and operation of a county hospital with another county or counties, another political subdivision, person, association or corporation, may permit the selection of a hospital governing board by the other party to the agreement subject to approval by the county commissioners.
F. All actions taken or purportedly taken or proceedings had or purportedly had by or on behalf of county commissioners with respect to the appointment of or delegation of authority to a hospital governing board, notwithstanding any lack of power, authority or otherwise and notwithstanding any defects and irregularities in the actions or proceedings, are hereby validated, ratified, approved and confirmed. This section shall operate to supply such legislative authority as may be necessary to validate any actions or proceedings by any group acting as a hospital governing board which would have been valid had the provisions of this section been in effect at the time the action or proceedings were taken. This section shall not operate to validate, ratify, approve, confirm or legalize any action or proceeding which has previously been determined in any legal proceeding to be illegal, void or ineffective.
History:
1978 Comp., § 4-48B-10, enacted by Laws 1981, ch. 83, § 10; 1982, ch. 11, § 2.
ANNOTATIONS
Compiler's notes.
— The following case and attorney general opinions were decided under former Article 48 of this chapter.
Persons authorized to conduct business of board.
— Since predecessor section provided for a five member board and made no provision for ex-officio members, the legislature intended that the five member board were the only persons who could conduct business of the board. 1969 Op. Att'y Gen. No. 69-76.
Governing body.
— Under former law, the governing body in regard to maintenance and operation of a county hospital, was the board of trustees. 1957 Op. Att'y Gen. No. 57-255.
Positions of member of county hospital board and nurse employee of hospital were incompatible.
1956 Op. Att'y Gen. No. 56-6456.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Hospital's liability for injury resulting from failure to have sufficient number of nurses on duty, 2 A.L.R.5th 286.