New Mexico § 61-2-5 - Board created; terms; appointment; continuance; removal

§ 61-2-5. Board created; terms; appointment; continuance; removal

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.