A. There is created a "board of nursing fund".

B. Except as provided in Sections 61-3-10.5 and 61-3-10.6 NMSA 1978, all funds received by the board and money collected under the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] and the Lactation Care Provider Act [61-36-1 to 61-36-4 NMSA 1978] shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the board of nursing fund. Any income earned on investment of the fund shall remain in the fund.

C. Payments out of the board of nursing fund shall be on vouchers issued and signed by the person designated by the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by the department.

D. All amounts paid into the board of nursing fund shall be subject to the order of the board and shall only be used for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Nursing Practice Act and the Lactation Care Provider Act, the duties imposed by those acts and the promotion of nursing and lactation care provider education and standards in this state. All money unused at the end of the fiscal year shall remain in the board of nursing fund for use in accordance with the provisions of the Nursing Practice Act and the Lactation Care Provider Act to further the purposes of those acts.

E. All funds that may have accumulated to the credit of the board under any previous act shall be continued for use by the board in administration of the Nursing Practice Act and the Lactation Care Provider Act.

F. As used in this section, "lactation care provider" means a person licensed by the board pursuant to the Lactation Care Provider Act to provide lactation care and services.

History: 1953 Comp., § 67-2-23, enacted by Laws 1968, ch. 44, § 23; 1977, ch. 220, § 17; 1991, ch. 190, § 19; 2003, ch. 276, § 10; 2017, ch. 136, § 7; 2017 (1st S.S.), ch. 1, § 7.

The 2017 amendment (1st S.S.), effective May 26, 2017, made no changes.

Section 61-3-27 NMSA 1978, as amended by Laws 2017 (1st SS), ch. 1, § 7, in Subsection D, added "Paragraph (11) of Subsection C of Section 3 of this 2017 act". That language was line-item vetoed.

Compiler's notes. — Laws 2017 (1st SS), ch. 1, § 7, effective May 26, 2017, amended Laws 2017, ch. 136, § 7, which was to take effect June 16, 2017.

Laws 2017, ch. 136, § 7, provided for the board of nursing to administer funds deposited in the board of nursing fund pursuant to the Lactation Care Provider Act, and after "Nursing Practice Act", added "and the Lactation Care Provider Act" throughout the section; in Subsection B, after "Sections", deleted "2 and 3 of this 2003 act" and added "61-3-10.5 and 61-3-10.6 NMSA 1978"; in Subsection D, after "promotion of nursing", added "and lactation care provider"; and added Subsection F.

The 2003 amendment, effective June 20, 2003, in Subsection B, added "Except as provided in Sections 2 and 3 of this 2003 act" at the beginning, and substituted "income earned on investment of the fund shall remain in" for "interest earned on the fund shall be credited to" near the end.

The 1991 amendment, effective June 14, 1991, added the third sentence in Subsection B and made minor stylistic changes throughout the section.