ALBUQUERQUE, N.M. — A few months ago KOB 4 reported on the state’s continuing efforts to bring more doctors to New Mexico. From the state government’s point of view, an important part of that effort was making it easier for out-of-state doctors to get a medical license.

To do that, the state needed to change its own rules. But in doing so, we think the medical board violated state law. The New Mexico attorney general agrees.

KOB 4 believed the medical board violated the Open Meetings Act when it went into a closed session to discuss matters that aren’t allowed to be shielded from the public.

The chair of the medical board said it discussed “possible” lawsuits in a closed-door session. The New Mexico Department of Justice said that’s not allowed.

State law says, in order to go into a closed session, that lawsuit needs to be real or threatened – not imaginary or “possible.”

If you think about it, using an imaginary lawsuit could be an excuse to close any meeting. Everyone from a government board to the city council could think up a lawsuit to conduct public business behind closed doors anytime they wanted.

The state Department of Justice sent the board’s lawyer a letter reminding him to make sure the board uses one of the limited reasons the law allows to go into closed session – and to only discuss real lawsuit threats, not imagined ones.

The state Department of Justice also offered training on open meetings.