New Mexico Statutes
Article 12A - Occupational Therapy
Section 61-12A-8 - Board created. (Repealed effective July 1, 2028.)

A. The "board of examiners for occupational therapy" is created.
B. The board shall be administratively attached to the regulation and licensing department.
C. The board shall consist of five members appointed by the governor who have been residents of the state for at least two years preceding the appointment.
D. Three members shall be licensed under the provisions of the Occupational Therapy Act; have a minimum of five years' professional experience, with two years' experience in New Mexico; and have not had their licenses suspended or revoked by this or any other state. One of the professional members may be an occupational therapy assistant and one of the professional members may be a retired occupational therapist or occupational therapy assistant, who has been retired for no more than five years at the time of appointment.
E. Two members shall represent the public. The two public members shall have no direct interest in the profession of occupational therapy. The public members shall not:
(1) have been convicted of a felony;
(2) be habitually intemperate or be addicted to the use of habit-forming drugs or be addicted to any other vice to such a degree as to render the member unfit to fulfill his board duties and responsibilities; or
(3) be guilty of a violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978].
F. Appointments shall be made for staggered terms of three years with no more than two terms ending at any one time. A board member shall not serve more than two consecutive terms. Vacancies shall be filled for the unexpired term by appointment by the governor prior to the next scheduled board meeting.
G. An individual member of the board shall not be liable in a civil or criminal action for an act performed in good faith in the execution of his duties as a member of the board.
H. Members of the board shall be reimbursed for per diem and travel expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
I. A simple majority of the board members currently serving shall constitute a quorum of the board for the conduct of business.
J. The board shall meet at least four times a year and at other times as it deems necessary. Additional meetings may be convened at the call of the president of the board or on the written request of any two board members to the president. Meetings of the board shall be conducted in accordance with the provisions of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
K. A member failing to attend three consecutive meetings, unless excused as provided by board policy, shall automatically be recommended for removal as a member of the board.
L. At the beginning of each fiscal year, the board shall elect a president, vice president and secretary-treasurer.
History: 1978 Comp., § 61-12A-8, enacted by Laws 1996, ch. 55, § 8; 2003, ch. 408, § 13; 2005, ch. 199, § 7.
Repeals and reenactments. — Laws 1996, ch. 55, § 27 repealed 61-12A-8 NMSA 1978, as enacted by Laws 1983, ch. 267, § 8, relating to board officers, and § 8 of that act enacted a new section, effective July 1, 1996.
Delayed repeals. — For the delayed repeal of this section, see 61-12A-24 NMSA 1978.
The 2005 amendment, effective July 1, 2005, provided in Subsection B that one professional member may be an occupational therapy assistant who has been retired for no more than five years at the time of appointment.
The 2003 amendment, effective July 1, 2003, added present Subsection B and redesignated the subsequent subsections accordingly; and added "Two members shall represent the public." at the beginning of present Subsection E.