2018 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 3 - Nursing
Section 61-3-8 - Board created; members; qualifications; terms; vacancies; removal.
A. There is created a seven-member "board of nursing". The board shall consist of four licensed nurses, one preferably a licensed practical nurse, and three members who shall represent the public and shall not have been licensed as registered or licensed practical nurses, nor shall the public members have any significant financial interest, direct or indirect, in the profession regulated. Not more than two board members shall be appointed from any one county, and not more than two registered nurse members shall be from any one field of nursing. Members of the board shall be appointed by the governor for staggered terms of four years each. Nurse members shall be appointed from lists submitted to the governor by any generally recognized organization of nurses in this state. Appointments shall be made in such manner that the terms of no more than two board members expire on July 1 of each year. Vacancies shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy. Board members shall serve until their successors have been appointed and qualified.
B. Members of the board shall be citizens of the United States and residents of this state. Registered nurse members shall be licensed in this state, shall have had, since graduation, at least five years' experience in nursing, shall be currently engaged in professional nursing and shall have been actively engaged in professional nursing for at least three years immediately preceding appointment or reappointment. The licensed practical nurse member shall be licensed in this state, shall have been graduated from an approved licensed practical nursing education program, shall have been licensed by examination, shall have had at least five years' experience since graduation, shall be currently engaged in licensed practical nursing and shall have been actively engaged in licensed practical nursing for at least three years immediately preceding appointment or reappointment.
C. No board member shall serve more than two full or partial terms, consecutive or otherwise.
D. Any board member failing to attend seventy percent of meeting days annually, either regular or special, shall automatically be removed as a member of the board.
E. The governor may remove any member from the board for neglect of any duty required by law, for incompetency or for unprofessional or dishonorable conduct, in accordance with regulations prescribed by the board.
F. In the event of a vacancy on the board for any reason, the secretary of the board shall immediately notify the governor, the board members and any generally recognized nursing organization of the vacancy, the reason for its occurrence and the action taken by the board, so as to expedite the appointment of a new board member.
History: 1953 Comp., § 67-2-5, enacted by Laws 1968, ch. 44, § 5; 1977, ch. 220, § 3; 1979, ch. 379, § 3; 1991, ch. 189, § 3; 1991, ch. 190, § 5.
The 1991 amendment, effective June 14, 1991, in Subsection A, rewrote the second sentence which read "The board shall consist of four registered nurses, two licensed practical nurses and one member who shall represent the public and shall not have been licensed as a registered or practical nurse, nor shall such public member have any significant financial interest, direct or indirect, in the occupation regulated"; deleted the former fourth sentence, relating to members of the board holding office on the effective date of the act; deleted "The nurse" at the beginning and substituted "four years" for "three years" in the present fourth sentence; added "Nurse members shall be appointed" at the beginning of the fifth sentence; rewrote the sixth sentence which read "Appointments shall be made in such manner that the terms of three board members expire on July 1 of one year, the terms of three board members expire on July 1 of the next year, and the terms of two board members expire on July 1 of the succeeding year"; and made related and minor stylistic changes in Subsection A; substituted "seventy percent of meeting days annually" for "three consecutive meetings" in Subsection D; and made related and minor stylistic changes in Subsections B and F. Identical amendments to this section were enacted by Laws 1991, ch. 189, § 3 and Laws 1991, ch. 190, § 5. The section was set out as amended by Laws 1991, ch. 190, § 5. See 12-1-8 NMSA 1978.
Number of terms. — For purposes of Subsection C of this section, the number of terms served is computed as of the time the law went into effect, that is, the appointment of the first board under the present Nursing Practice Act. 1973 Op. Att'y Gen. No. 73-24.
A board member who had served one full term under the present Nursing Practice Act, as well as a partial term prior to the time that the act went into effect, could be reappointed for a term of office. 1973 Op. Att'y Gen. No. 73-24.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.
