2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-6 - Board and committee organization; meetings; compensation; powers and duties.

A. The committee shall hold meetings in a frequency necessary to conduct business and shall meet at the request of the board. Meetings of the committee shall be subject to the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
B. Members of the committee are entitled to reimbursement 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.
C. The board, with the advice of the committee, shall:
(1) administer and enforce the provisions of the Podiatry Act;
(2) promulgate, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], all rules for the implementation and enforcement of the provisions of the Podiatry Act;
(3) adopt and use a seal;
(4) conduct hearings, administer oaths and take testimony on matters within the board's jurisdiction;
(5) keep an accurate record of its meetings, receipts and disbursements;
(6) keep records of the name, address and license number of licensed podiatric physicians together with a record of license renewals, suspensions and revocations;
(7) grant, deny, renew, suspend or revoke licenses to practice podiatry or take other actions provided in Section 61-1-3 NMSA 1978 in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the Podiatry Act;
(8) promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry;
(9) promulgate rules for the examination, licensure and regulation of podiatric assistants. The rules shall include definitions and limitations on the practice of podiatric assistants, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of podiatric assistants and provisions for the suspension or revocation of licenses;
(10) determine by rule all qualifications and requirements for applicants seeking licensure as podiatric physicians or podiatric assistants;
(11) promulgate rules for the examination and licensure as foot and ankle radiation technologists, which shall include definitions and limitations on the practice of foot and ankle radiation technologists, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of foot and ankle radiation technologists and provisions for the suspension or revocation of licenses; and
(12) require fingerprints, or other biometric identification, and other information necessary for a state and national criminal background check as a condition for licensure.
History:
1953 Comp., § 67-6-6, enacted by Laws 1977, ch. 221, § 6; 1998, ch. 24, § 6; 2003, ch. 408, § 8; 2022, ch. 39, § 37; 2023, ch. 141, § 8.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided for podiatry advisory committee meetings, and required the podiatry advisory committee to advise the New Mexico medical board on certain issues; in Subsection A, after "The", deleted "board" and added "committee", deleted "a regular meeting at least annually and shall elect annually a chair, vice chair and secretary-treasurer from its membership, each of whom shall serve until a successor is selected and qualified." and added "meetings in a frequency necessary to conduct business and shall meet at the request of the board. Meetings of the committee shall be subject to the Open Meetings Act."; deleted former Subsections B and C and redesignated former Subsections D and E as Subsections B and C respectively; in Subsection B, after "Members of the", deleted "board may be reimbursed" and added "committee are entitled to reimbursement"; and in Subsection C, in the introductory clause, after "The board", added "with the advice of the committee", deleted former Paragraphs (6) and (7) and redesignated former Paragraphs (8) through (13) as Paragraphs C(6) through C(11), respectively, in Paragraph C(6), after "records of", deleted "registration in which", and after "licensed", deleted "podiatrists are recorded" and added "podiatric physicians", in Paragraph C(9), after "promulgate rules", deleted "and prepare and administer examinations", after "for the", added "examination", and after "podiatric assistants", deleted "as are necessary to protect the public", in Paragraph C(10), after "licensure as", deleted "podiatrists" and added "podiatric physicians", in Paragraph C(11), after "promulgate rules", deleted "and prepare and administer examinations for applicants seeking" and added "for the examination and", and after "radiation technologists", added the remainder of the paragraph, and added Paragraph C(12).
Temporary provisions.
— Laws 2023, ch. 141, § 18 provided that on July 1, 2023:
A. all functions, personnel, records, equipment, supplies and other property of the board of podiatry shall be transferred to the podiatry advisory committee; and
B. all money and appropriations of the board of podiatry shall be transferred to the New Mexico medical board fund.
The 2022 amendment,
effective May 18, 2022, removed a provision requiring the board of podiatry to adopt, publish and file rules in accordance with the Uniform Licensing Act, leaving in place a requirement that the board promulgate rules in accordance with the State Rules Act; and in Subsection E, Paragraph E(2), deleted "adopt, publish and file" and added "promulgate", and after "in accordance with", deleted "the Uniform Licensing Act and", and in Paragraphs E(10), E(11), and E(13), deleted "adopt and".
The 2003 amendment,
effective July 1, 2003, inserted "provisions for" following "podiatric assistants and" near the end of Paragraph E(11); and deleted Paragraph E(14), concerning employment of agents or attorneys.
The 1998 amendment,
effective July 1, 1998, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63C Am. Jur. 2d Public Officers and Employees §§ 69, 230-265, 271-274, 378, 387, 414.
73 C.J.S. Public Administrative Law and Procedure §§ 49 to 114; 73A C.J.S. Public Administrative Law and Procedure §§ 114 to 171.