New Mexico Administrative Code
Title 7 - HEALTH
Chapter 7 - HOSPITALS
Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER
Section 7.7.4.8 - GOVERNING BOARD

A. The governing board is a board of trustees, the members of which are appointed by the governor of the state of New Mexico with the advice and consent of the senate. One member of the board shall be a licensed physician, two members shall be miners or their representatives and two members shall be representatives of the general public. Members of the board shall be appointed for staggered terms of five years each.

B. The board of trustees is a body corporate under the name of the "board of trustees of miners' hospital of New Mexico" and has the power to sue and be sued, to contract, to acquire land by purchase or donation, and to do all other things in furtherance of its duties to provide for the operation of a medical center and to determine, set, and execute medical center policy. The board of trustees shall supervise and control all functions of the operation and management of the medical center. The board of trustees has absolute discretion to take whatever action may be necessary in the best interest of the medical center, including but not limited to: full power and authority with regard to the medical staff; authority to approve all medical staff by-laws, rules and regulations, to suggest amendments of these to the medical staff and to amend them with due consideration to medical staff recommendations; authority to oversee all aspects of the medical staff operations to ensure compliance with applicable federal and state laws and with standards proposed by the joint commission on accreditation of healthcare organizations.

C. By duly-adopted medical staff by-laws governing appointments to the medical staff of the hospital, the board shall provide a system of continual review and evaluation of the quality of health care being rendered at the hospital. The medical staff by-laws shall assure the board of trustees that any patient treated by the medical center shall receive quality care.

D. Members of the board of trustees owe a fiduciary duty of care and loyalty to the bedical center. A trustee shall avoid active participation in a transaction in which they or a corporation with which they are associated has a significant interest. Members of the board of trustees shall adhere to the Conflict of Interest Act, 10-16-1, et seq., NMSA 1978. Disclosures of financial interests shall be made to the secretary of state during the month of January of each year pursuant to 10-16-10, supra. In addition, the conflict of interest statements required by 10-16-10, NMSA 1978 shall be submitted to the chairperson of the board and to the medical center's chief executive officer.

E. Trust eligibility requirements shall be established by the board with due regard to the statutes and trust requirements governing the medical center and its responsibilities as the miners' hospital.