N.M. Admin. Code § 7.34.2.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.34.2.8 - ADVISORY BOARD MEMBERSHIP REQUIREMENTS AND RESPONSIBILITIES

A.Advisory board membership: The advisory board shall consist of nine practitioners knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society, the New Mexico nurses association, the New Mexico academy of family physicians, the New Mexico academy of physician assistants, the New Mexico pharmacists association, or the New Mexico Hispanic medical association.

B.Duties and responsibilities: The advisory board shall convene at least twice per year to:

(1) review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;

(2) recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers;

(3) accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis and all lawful privileges under the act and implementing rules;

(4) issue recommendations concerning rules to be promulgated for the issuance of registry identification cards; and

(5) review conditions previously reviewed by the board and approved by the secretary for the purpose of determining whether to recommend the revision of eligibility criteria for persons applying under those conditions or to review new medical and scientific evidence pertaining to currently approved conditions.

C.Advisory board membership term: Each member of the advisory board shall serve a term of two years from the date of appointment by the secretary. No member may be removed prior to the expiration of his or her term without a showing of good cause by the secretary.

D.Chairperson elect: The advisory board shall elect by majority vote cast of the nine member board a chairperson and an alternate. The chairperson or alternate shall exercise all powers and duties prescribed or delegated under the act or this rule.

(1)Public hearing responsibilities: The chairperson shall conduct a fair and impartial proceeding, assure that the facts are fully elicited and avoid delay. The chairperson shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial resolution of issues arising during the public hearing proceedings or in any public meeting in which a quorum of the advisory board are present.

(2)Delegation of chair: The chairperson may delegate their responsibility to an alternate. The alternate shall exercise all powers and duties prescribed or delegated under the act or this part.

E.Per diem and mileage: All advisory board members appointed under the authority of the act or this part will receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act, Sections 10-8-1et seq., NMSA 1978.

N.M. Admin. Code § 7.34.2.8

7.34.2.8 NMAC - Rp, 7.34.2.8 NMAC, 12/30/2010, Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015, Amended by New Mexico Register, Volume XXX, Issue 16, August 27, 2019, eff. 8/27/2019