A. There shall be a "health standards advisory board" consisting of five members of the healing arts professions appointed by the secretary with the assistance of the secretary of health.

B. The health standards advisory board shall advise the secretary on physical and mental criteria and vision standards relating to the licensing of drivers under the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978].

C. The department, having cause to believe that a licensed driver or applicant may not be physically, visually or mentally qualified to be licensed, may obtain the advice of the health standards advisory board. The board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the board by a healing arts practitioner of his choice, and it shall be given due consideration by the board only after the licensed driver or applicant has again undergone an on-the-road examination and any physical, visual or mental tests as recommended by the board. These examinations and tests may not be waived by the department.

D. Members of the health standards advisory board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to this section.

E. The secretary shall pay members of the health standards advisory board per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and, in addition, may determine and pay an hourly rate for work performed not to exceed fifty dollars ($50.00) per hour and not to exceed twenty hours per month.

F. Reports received or made by the health standards advisory board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or the department and may not be divulged to any person or used as evidence in any trial.

History: 1953 Comp., § 64-5-6, enacted by Laws 1978, ch. 35, § 228; 1989, ch. 318, § 15; 1995, ch. 135, § 16; 1995, ch. 136, § 1; 2004, ch. 59, § 10.

The 2004 amendment, effective March 4, 2004, amended Subsection A to increase the advisory board members from three to five and changed throughout the section "director" to "secretary" and "board" to "health standards advisory board".

1995 amendments. — Laws 1995, ch. 135, § 16, effective June 16, 1995, in Subsection A, inserting "at least" following "consisting of", substituting "secretary after consultation with the secretary of health" for "director with the assistance of the secretary of health and environment", and adding the last sentence; in Subsection B, substituting "the Motor Vehicle Code" for "this chapter" and adding the language beginning "including identifying sources" at the end; in Subsection D, deleting "Subsection C of" preceding "this section"; and substituting "department" for "division" and "director" in Subsections B, C, E, and F, was approved April 5, 1995. However, Laws 1995, ch. 136, § 1, effective June 16, 1995, also amending this section by, in Subsection A, inserting "a health standards", and deleting "and environment" at the end of the subsection; in Subsection C, inserting "only after the licensed driver or applicant has again undergone an on-the-road examination and any physical, visual or mental tests as recommended by the board" in the third sentence, and adding the last sentence, but not giving effect to the changes made by the first 1995 amendment, was approved April 5, 1995. The section is set out as amended by Laws 1995, ch. 136, § 1. See 12-1-8 NMSA 1978.

The 1989 amendment, effective July 1, 1989, made minor stylistic changes in Subsections A and C, added present Subsection E, and redesignated former Subsection E as present Subsection F.