New Mexico Statutes
Article 5A - Dental Health Care
Section 61-5A-9 - Committee created. (Repealed effective July 1, 2024.)

A. There is created the nine-member "New Mexico dental hygienists committee". The committee shall consist of five dental hygienists, two dentists and two public members. The dental hygienists shall be actively practicing and have been licensed practitioners and residents of New Mexico for a period of five years preceding the date of their appointment. The dentists and public members shall be members of the board and shall be elected annually to sit on the committee by those members sitting on the board.
B. The governor may appoint the dental hygienists from a list of names submitted by the New Mexico dental hygienists' association. There shall be one member from each district. All members shall serve until their successors have been appointed. No more than one member may be employed by or receive remuneration from a dental or dental hygiene educational institution.
C. Appointments for dental hygienist members shall be for terms of five years. Appointments shall be made so that the term of one dental hygienist expires on July 1 of each year.
D. Any committee member failing to attend three committee or board meetings, either regular or special, during the committee member's term shall automatically be removed as a member of the committee unless excused from attendance by the committee for good cause shown. Members of the committee not sitting on the board shall not be required or allowed to attend board disciplinary hearings.
E. No committee member shall serve more than two full terms on any state-chartered board whose responsibility includes the regulation of practice or licensure of dentistry or dental hygiene in New Mexico. A partial term of three or more years shall be considered a full term.
F. In the event of any vacancy, the secretary of the committee shall immediately notify the governor, the committee and board members and the New Mexico dental hygienists' association of the reason for its occurrence and action taken by the committee, so as to expedite appointment of a new committee member.
G. The committee shall meet at least four times every year and no more than two meetings shall be public rules hearings. Regular meetings shall not be more than one hundred twenty days apart. The committee may also hold special meetings and emergency meetings in accordance with the rules of the board and committee, upon written notification to all members of the committee and the board.
H. Members of the committee shall be reimbursed 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 committee members currently serving shall constitute a quorum, provided at least two of that quorum are not hygienist members and three are hygienist members.
J. The committee shall elect officers annually as deemed necessary to administer its duties and as provided in rules and regulations of the board and committee.
History: Laws 1994, ch. 55, § 9; 2003, ch. 408, § 5; 2003, ch. 409, § 7.
Delayed repeals. — For delayed repeal of this section, see 61-5A-30 NMSA 1978.
The 2003 amendment, effective June 20, 2003, rewrote the section.
This section was also amended by Laws 2003, ch. 408, § 5, effective July 1, 2003, which added "The committee shall be administratively attached to the regulation and licensing department." following the first sentence of Subsection A; inserted "for dental hygienist members" following "Appointments" near the beginning of Subsection C; in Subsection G, inserted "committee" following "accordance with the" near the middle, and deleted "and regulations" following "rules" near the middle; and inserted "the committee" following "as provided in" near the end of Subsection J. The section was set out as amended by Laws 2003, ch. 409, § 7. See 12-1-8 NMSA 1978.
Recommendations to board of dental health care. — The dental hygienists committee may make recommendations about the practice of dental hygiene to the board of dentistry upon the request of the board or on its own initiative, but the board of dental health care is not required to follow those recommendations. 1987 Op. Att'y Gen. No. 87-82.
Compliance with Open Meetings Act. — The dental hygiene committee must comply fully with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA 1978. 1987 Op. Att'y Gen. No. 87-82.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 21, 22.