A. There is created the "New Mexico medical board", consisting of nine members. The board shall be composed of two public members, one physician assistant and six reputable physicians of known ability who are graduates of medical colleges or schools in good standing and who have been licensed physicians in and bona fide residents of New Mexico for a period of five years immediately preceding the date of their appointment. The physician assistant shall have been a licensed physician assistant and a resident of New Mexico for at least five years immediately preceding the date of appointment. Public members of the board shall be residents of New Mexico, shall not have been licensed by the board or have practiced as physicians and shall have no significant financial interest, direct or indirect, in the occupation regulated.

B. The governor shall appoint the physician members from a list of names submitted to the governor by the New Mexico medical society or its authorized governing body or council. The list shall contain five names of qualified physicians for each physician member to be appointed. Physician member vacancies shall be filled in the same manner.

C. The governor shall appoint the physician assistant member from a list of names submitted to the governor by the New Mexico academy of physician assistants or its authorized governing body or council. The list shall contain five names of qualified physician assistants.

D. Members shall be appointed to four-year terms, staggered so that not more than three terms expire in a year. All board members shall hold office until their successors are appointed and qualified.

E. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown.

History: Laws 1923, ch. 44, § 1; C.S. 1929, § 110-101; 1941 Comp., § 51-501; Laws 1949, ch. 139, § 1; 1953 Comp., § 67-5-1; Laws 1955, ch. 44 [§ 1]; 1969, ch. 46, § 1; 1979, ch. 40, § 1; 1978 Comp., § 61-6-1, recompiled as § 61-6-2 by Laws 1989, ch. 269, § 2; 1991, ch. 189, § 9; 2003, ch. 19, § 2.

Compiler's notes. — Laws 1989, ch. 269, § 32 repealed former 61-6-2 NMSA 1978, as amended by Laws 1955, ch. 44, § 1, relating to meetings and quorums of the board, effective July 1, 1989. For present comparable provisions, see 61-6-3 NMSA 1978.

Cross references. — For Uniform Licensing Act, see 61-1-1 NMSA 1978 et seq.

The 2003 amendment, effective June 20, 2003, substituted "New Mexico medical board" for "Board of medical examiners" in the section heading; in Subsection A, substituted "'New Mexico medical board, consisting of nine members" for "board of medical examiners, consisting of eight members" in the first sentence, inserted "one physician assistant" preceding "and six reputable", deleted "as defined in Section 61-6-6 NMSA 1978" in the second sentence, inserted the present third sentence, and inserted "by the board" in the last sentence; added present Subsection C and redesignated former Subsections C and D as Subsections D and E, and rewrote present Subsection D.

Temporary provisions. — Laws 2003, ch. 19, § 28, effective June 20, 2003, provided that all functions, personnel, appropriations, money, records, equipment, supplies and other property of the New Mexico board of medical examiners shall be transferred to the New Mexico medical board; all contracts of the New Mexico board of medical examiners shall be binding and effective on the New Mexico medical board; and all references in law to the New Mexico board of medical examiners shall be deemed to be references to the New Mexico medical board.

The 1991 amendment, effective June 14, 1991, in Subsection A, increased the membership of the board from six members to eight members and, in the second sentence, substituted "two public members and six reputable physicians" for "one public member and five reputable physicians" and "licensed physicians" for "registered practitioners"; deleted former Subsection C which read "Two of the physician members of the board first appointed shall hold their offices for a period of two years, and the remaining three physician members shall hold their offices for a period of four years. Thereafter, the physician members shall hold their offices for a period of four years. All board members shall hold office until their successors are appointed and qualified"; designated former Subsections D and E as Subsections C and D, rewriting present Subsection C which read "The public member shall be appointed to a four-year term"; and made related and minor stylistic changes in Subsections A and B.

The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-1 NMSA 1978; inserted "or schools" near the middle of the second sentence of Subsection A; substituted the present provisions of Subsection D for " The public member, upon the effective date of this act, shall be appointed to a term expiring January 1, 1982. Thereafter the public member shall be appointed to a four-year term"; substituted all of the present language of Subsection E following "removed" for "as a member of this board"; and made minor stylistic changes throughout the section.

Governor's power not usurped. — Requirement that the governor appoint to the board of medical examiner's nominees who were submitted by the New Mexico medical society, where only the governor has this prerogative, would not unconstitutionally usurp the governor's power. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Review of board's proceedings. — On review of proceedings of board of medical examiners, court is limited to a determination of whether the board's order was reasonable, lawful and had substantial evidence to support it. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Corporation to perform medical services. — Because the legislature chose to expressly prohibit the corporate practice, apart from professional corporations, in the case of dentists and podiatrists, and chose to expressly permit, with limitation, other forms of corporate practice in the case of psychologists and engineers, it may be inferred from the legislature's silence in the case of medical doctors that a corporation may be formed to provide medical services. 1987 Op. Att'y Gen. No. 87-39.

A corporation, organized and controlled by non-physicians, may provide medical services to the general public through employed physicians, unless prohibited by statute or unless it exercises lay control of medical judgment or engages in lay exploitation of the medical profession in a manner prohibited by public policy. 1987 Op. Att'y Gen. No. 87-39.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 131, 135.

Optometry as within statute relating to practice of medicine, 22 A.L.R. 1173.

Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Liability to patient for results of medical or surgical treatment by one not licensed as required by law, 57 A.L.R. 978.

Practice of medicine or surgery, interstate commerce clause as affecting requirement of license, 82 A.L.R. 1388.

Right of corporation or individual, not himself licensed, to practice medicine or surgery through licensed employees, 103 A.L.R. 1240.

Newspapers, magazines or radio, practice of medicine through, 114 A.L.R. 1506.

Dentist as a physician or surgeon within statutes, 115 A.L.R. 261.

Treatment by electricity as practice of medicine or surgery within statute, 115 A.L.R. 957.

Medical practice acts, health service plan as violation of, 119 A.L.R. 1290.

Prescriptions, one who fills under reciprocal arrangement with physician, as subject to charge of practice of medicine without license, 121 A.L.R. 1455.

Application to masseurs of statutes governing practice of medicine, 17 A.L.R.2d 1183.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice medicine from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.

Malpractice in diagnosis and treatment of brain injuries, diseases or conditions, 29 A.L.R.2d 501.

Liability for injury by X-ray, 41 A.L.R.2d 329.

Illegal practice of medicine under statute, ordinance or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.

Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.

Malpractice: treatment of fractures or dislocations, 54 A.L.R.2d 200.

Liability of physician for extending operation or treatment beyond that expressly authorized, 56 A.L.R.2d 695.

Liability of physician for lack of diligence in attending patient, 57 A.L.R.2d 379.

Liability of physician who abandons case, 57 A.L.R.2d 432.

Malpractice in nose and throat treatment, 58 A.L.R.2d 216.

Malpractice in administering medicine to which patient is unusually susceptible or allergic, 64 A.L.R.2d 1281.

Malpractice in treatment of tuberculosis, 75 A.L.R.2d 814.

Malpractice in treatment of the ear, 76 A.L.R.2d 783.

Physician's or surgeon's malpractice in connection with care and treatment of hemophiliac or diagnosis of hemophilia, 1 A.L.R.3d 1107.

Practice by attorneys and physicians as corporate entities or associations under professional service corporation statutes, 4 A.L.R.3d 383.

Physician's or surgeon's malpractice in connection with diagnosis or treatment of rectal or anal disease, 5 A.L.R.3d 916.

Malpractice in connection with intravenous or other forced or involuntary feeding of patient, 6 A.L.R.3d 668.

Validity and construction of contract exempting hospital or doctor from liability for negligence to patient, 6 A.L.R.3d 704.

Liability of physician, surgeon, anesthetist or dentist for injury resulting from foreign object left in patient, 10 A.L.R.3d 9.

Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.

Liability in connection with insertion of prosthetic or other corrective devices in patient's body, 14 A.L.R.3d 967.

Liability of physician or hospital where patient suffers heart attack or the like while undergoing unrelated medical procedure, 17 A.L.R.3d 796.

Malpractice in diagnosis and treatment of diseases or conditions of the heart or vascular system, 19 A.L.R.3d 825.

Doctor's liability for mistakenly administering drug, 23 A.L.R.3d 1334.

Medical malpractice, and measure and element of damages, in connection with sterilization or birth control procedures, 27 A.L.R.3d 906.

Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364.

Malpractice in connection with diagnosis and treatment of epilepsy, 30 A.L.R.3d 988.

Physician's failure to advise patient to consult specialist or one qualified in a method of treatment which physician is not qualified to give, 35 A.L.R.3d 349.

Attending physician's liability for injury caused by equipment furnished by hospital, 35 A.L.R.3d 1068.

Liability of physician or dentist for injury to patient from physical condition of office premises, 36 A.L.R.3d 1341.

Liability for negligence in diagnosing or treating aspirin poisoning, 36 A.L.R.3d 1358.

Surgeon's liability for inadvertently injuring organ other than that intended to be operated on, 37 A.L.R.3d 464.

Release of one responsible for injury as affecting liability of physician or surgeon for negligent treatment of injury, 39 A.L.R.3d 260.

Recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.

Physician's tort liability for unauthorized disclosure of confidential information about patient, 48 A.L.R.4th 668.

Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21; 73 C.J.S. Public Administrative Law and Procedure § 13.