2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12B - Respiratory Care
Section 61-12B-5 - Advisory board created. (Repealed effective July 1, 2028.)
A. The superintendent shall appoint an "advisory board of respiratory care practitioners" consisting of five members as follows:
(1) one physician licensed in New Mexico who is knowledgeable in respiratory care;
(2) two respiratory care practitioners who are residents of New Mexico, licensed by the department and in good standing. At least one of the respiratory care practitioners shall have been actively engaged in the practice of respiratory care for at least five years immediately preceding appointment or reappointment; and
(3) two public members who are residents of New Mexico. A public member shall not have been licensed as a respiratory care practitioner nor shall he have any financial interest, direct or indirect, in the occupation to be regulated.
B. The board shall be administratively attached to the department.
C. A member shall serve no more than two consecutive three-year terms.
D. A member of the board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance in connection with the discharge of his duties as a board member.
E. A member failing to attend three consecutive regular and properly noticed meetings of the board without a reasonable excuse shall be automatically removed from the board.
F. In the event of a vacancy, the board shall immediately notify the superintendent of the vacancy. Within ninety days of receiving notice of a vacancy, the superintendent shall appoint a qualified person to fill the remainder of the unexpired term.
G. A majority of the board members currently serving constitutes a quorum of the board.
H. The board shall meet at least twice a year and at such other times as it deems necessary.
I. The board shall annually elect officers as deemed necessary to administer its duties.
History: Laws 1984, ch. 103, § 5; 1987, ch. 329, § 2; 1989, ch. 109, § 1; 1996, ch. 51, § 9; 2001, ch. 188, § 6; 2003, ch. 408, § 16.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-12B-16 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added present Subsection B and redesignated the subsequent subsections accordingly.
The 2001 amendment, effective June 15, 2001, inserted "who are residents of New Mexico, licensed by the department and in good standing. At least one of the respiratory care practitioners shall have been actively engaged in the practice of respiratory care for at least five years immediately preceding appointment or reappointment" in Paragraph A(2); deleted the last sentence of Subsection C, which read, "Three members, including at least one public member, constitute a quorum"; in Subsection D, deleted "after proper notice" following "failing" and inserted "regular and properly noticed" following "three consecutive"; and added Subsections E to H.
The 1996 amendment, effective March 5, 1996, substituted "eight" for "five" in Subsection A, "two" for "three" in Paragraph A(2) and "two" for "four" in Paragraph A(3), rewrote Subsection B, and added the last sentence in Subsection C.
The 1989 amendment, effective June 16, 1989, in Subsection A, substituted "eight" for "five" in the introductory paragraph, substituted the present language of the first sentence of Paragraph (3) for "one public member who is a resident of New Mexico", and made minor stylistic changes in the second sentence of Paragraph (3); substituted the present language of Subsection B(1) for "one member for a one-year term"; and added Subsection D.
