A. There is created a "board of podiatry". The board shall be administratively attached to the regulation and licensing department. The board shall consist of five members, three of whom shall be podiatrists licensed to practice in New Mexico who have been actively engaged in the practice of podiatry for at least three consecutive years immediately prior to their appointments and two members who shall represent the public and who shall not have been licensed as podiatrists, nor shall the public members have any significant financial interest, whether direct or indirect, in the occupation regulated.
B. Members of the board required to be licensed podiatrists shall be appointed by the governor. Board members shall be appointed for staggered terms of five years each, made in a manner that the terms of not more than two board members end on December 31 of each year commencing with 1978. Board members shall serve until their successors have been appointed and qualified. A vacancy shall be filled for the unexpired term by appointment by the governor.
C. The governor may remove a member from the board for neglect of a duty required by law, for incompetence, for improper or unprofessional conduct as defined by board rule or for any reason that would justify the suspension or revocation of his license to practice podiatry.
D. A board member shall not serve more than two consecutive full 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 rules.
E. In the event of a vacancy, the secretary of the board shall immediately notify the governor and the board members 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., § 67-6-5, enacted by Laws 1977, ch. 221, § 5; 1979, ch. 385, § 1; 1991, ch. 189, § 11; 1998, ch. 24, § 5; 2003, ch. 408, § 7.
Delayed repeals. — For delayed repeal of this section, see 61-8-17 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added "The board shall be administratively attached to the regulation and licensing department." following the first sentence of Subsection A; deleted "All members of the state board of podiatry in office on the effective date of the Podiatry Act shall serve out their unexpired terms." following "appointment by the governor" at the end of Subsection B; and deleted "for any reason" following "event of a vacancy" near the beginning of Subsection E.
The 1998 amendment, effective July 1, 1998, deleted "members of the New Mexico podiatry society and" preceding "actively engaged" in Subsection A; deleted "from a list of not more than five names for each vacancy submitted to him by the New Mexico podiatry society" following "governor" at the end of the first sentence in Subsection B; substituted "rule" for "regulation" in Subsection C; substituted "rules" for "regulations" in Subsection D; and in Subsection E, inserted "and" following "governor", and deleted "and the New Mexico podiatry society" following "board members".
The 1991 amendment, effective June 14, 1991, in Subsection A, substituted "five members" for "four members" and "appointments and two members" for "appointment and one" and made related stylistic changes in the second sentence and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63C Am. Jur. 2d Public Officers and Employees §§ 11, 42, 43, 48-56, 88, 105-114, 116-118, 120-122.
73 C.J.S. Public Administrative Law and Procedure §§ 9, 13 to 14.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-8-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-8-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-8-3 - License required. (Repealed effective July 1, 2024.)
Section 61-8-4 - Persons exempted. (Repealed effective July 1, 2024.)
Section 61-8-4.1 - Criminal offender's character evaluation. (Repealed effective July 1, 2024.)
Section 61-8-8 - Qualifications for licensure as a podiatrist. (Repealed effective July 1, 2024.)
Section 61-8-9 - Licensure by reciprocity. (Repealed effective July 1, 2024.)
Section 61-8-11 - Suspension, revocation or refusal of license. (Repealed effective July 1, 2024.)
Section 61-8-12 - Offenses; penalties. (Repealed effective July 1, 2024.)
Section 61-8-13 - Unprofessional conduct; exceptions. (Repealed effective July 1, 2024.)
Section 61-8-14 - Limitation on licensure; temporary license. (Repealed effective July 1, 2024.)
Section 61-8-15 - Privileged communications. (Repealed effective July 1, 2024.)
Section 61-8-16 - Power to enjoin violations. (Repealed effective July 1, 2024.)
Section 61-8-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)