New Mexico Statutes
Article 2 - Optometry
Section 61-2-5 - Board created; terms; appointment; continuance; removal. (Repealed effective July 1, 2024.)

A. There is created a six-member "board of optometry". The board shall be administratively attached to the regulation and licensing department. The board consists of four persons who have resided in and have been continuously engaged in the practice of optometry in New Mexico for at least five years immediately prior to their appointment and two persons who shall represent the public. The public members of the board shall not have been licensed as optometrists, nor shall the public members have any significant financial interest, whether direct or indirect, in the occupation regulated.
B. Professional members of the board shall be appointed by the governor from a list of five names for each vacancy submitted to him by the state organization affiliated with the American optometric association. Not more than one professional board member shall maintain his place of business or reside in any one county, and professional appointments shall be made on a geographical basis to effect representation of all areas of the state. Board members shall be appointed for staggered terms of five years or less, each. The term of each board member shall be made in such a manner that the term of one board member ends on June 30 of each year. Board members shall serve until their successors have been appointed and qualified. A professional member vacancy shall be filled for the unexpired term by the appointment by the governor of a licensed optometrist from the general area of the state represented by the former member. All members of the board of optometry in office on the effective date of the Optometry Act shall serve out their unexpired terms.
C. The governor may remove a member from the board for the neglect of a duty required by law, for incompetence, for improper or unprofessional conduct as defined by board regulation or for a reason that would justify the suspension or revocation of his license to practice optometry.
D. A board member shall not serve more than two consecutive terms, and a member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member unless excused for reasons set forth in board regulations.
E. In the event of a vacancy for any reason, the board secretary shall immediately notify the governor, the board members and the state optometric association 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., § 67-1-4, enacted by Laws 1973, ch. 353, § 4; 1979, ch. 12, § 1; 1991, ch. 189, § 1; 2003, ch. 408, § 1.
Delayed repeals. — For delayed repeal of this section, see 61-2-18 NMSA 1978.
Compiler's notes. — The "effective date of the Optometry Act", referred to in this section, is April 3, 1973, which is the effective date of Laws 1973, ch. 353, § 18.
The 2003 amendment, effective July 1, 2003, substituted "The board shall be administratively attached to the regulation and licensing department. The board consists" for "composed" following "'board of optometry"' near the beginning of Subsection A.
The 1991 amendment, effective June 14, 1991, substituted "four persons" for "five persons" and "two persons" for "one person" in the first sentence and made a related stylistic change in Subsection A; in Subsection B, deleted "commencing with 1974" at the end of the fourth sentence and deleted the former fifth sentence which read "The public board member shall be appointed by the governor upon the effective date of this 1979 act to a five-year term expiring June 30, 1984, and vacancy appointments of a public member shall be for the unexpired term"; and made minor stylistic changes in Subsections A, B and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.

Structure New Mexico Statutes