A. There is created the "New Mexico medical board fund".

B. All funds received by the board and money collected under the Medical Practice Act, the Physician Assistant Act [61-6-7 to 61-6-10 NMSA 1978], the Anesthesiologist Assistants Act [61-6-10.1 to 61-6-10.10 NMSA 1978], the Genetic Counseling Act [61-6A-1 to 61-6A-10 NMSA 1978], the Polysomnography Practice Act [61-6B-1 to 61-6B-10 NMSA 1978], the Impaired Health Care Provider Act [Chapter 61, Article 7 NMSA 1978], the Naturopathic Doctors' Practice Act [61-12G-1 to 61-12G-13 NMSA 1978] and the Naprapathic Practice Act [61-12F-1 to 61-12F-11 NMSA 1978] shall be deposited with the state treasurer, who shall place the same to the credit of the New Mexico medical board fund.

C. All payments out of the fund shall be made on vouchers issued and signed by the secretary-treasurer of the board or the designee of the secretary-treasurer upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.

D. All amounts in the New Mexico medical board fund shall be subject to the order of the board and shall be used only for the purpose of meeting necessary expenses incurred in:

(1) the performance of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act and the Naprapathic Practice Act and the duties and powers imposed by those acts;

(2) the promotion of medical education and standards in this state within the budgetary limits; and

(3) efforts to recruit and retain medical doctors for practice in New Mexico.

E. All funds that may have accumulated to the credit of the board under any previous law shall be transferred to the New Mexico medical board fund and shall continue to be available for use by the board in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act and the Naprapathic Practice Act. All money unused at the end of the fiscal year shall not revert, but shall remain in the fund for use in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act and the Naprapathic Practice Act.

History: 1978 Comp., § 61-6-31, enacted by Laws 1989, ch. 269, § 27; 2003, ch. 19, § 26; 2008, ch. 53, § 13; 2008, ch. 54, § 14; 2008, ch. 55, § 2; 2011, ch. 31, § 3; 2019, ch. 244, § 17.

The 2019 amendment, effective June 14, 2019, provided that all funds received by the medical board under the Naturopathic Doctors' Practice Act be deposited with the state treasurer, and that funds from the New Mexico medical board fund be used for the purpose of meeting necessary expenses incurred in the administration of the Naturopathic Doctors' Practice Act; and added "the Naturopathic Doctors' Practice Act" throughout the section.

The 2011 amendment, effective July 1, 2011, in Subsections A, B, D and E, provided for the disposition of funds received under the Naprapathic Practice Act.

The 2008 amendment, effective May 14, 2008, added Paragraph (3) of Subsection D.

The 2003 amendment, effective June 20, 2003, substituted "New Mexico medical board" for "board of medical examiners" in the section heading and Subsections A and D; substituted "the Anesthesiologist Assistant Act and the Impaired Health Care Provider Act" for "and the Impaired Physician Act" in Subsections B and E and Paragraph (1) of Subsection D; substituted "the New Mexico medical board fund" for "the medical examiners fund" in Subsections B and E; substituted "the designee of the secretary-treasurer" for "his designee" preceding "upon warrants drawn" in Subsection C; substituted "the New Mexico medical board fund" for "the board of medical examiners fund" in Subsection D; substituted "by those acts" for "thereby" near the end of Paragraph (1) of Subsection D; deleted "medical examiners" preceding "fund for use" in Subsection E; and deleted former Subsection F relating to any employee or the secretary-treasurer shall within thirty days after election or employment execute a bond in accordance with the Surety Bond Act.