and RIORDAN, Jus-
tice, dissenting.
We respectfully dissent.
The majority holds that Section 41-5-15(A), N.M.S.A.1978 (Repl.Pamp.1982), as applied to the petitioners “unconstitutionally deprives them of their due process right of access to the courts without delay.” The majority states, however, that it does “not hold that Section 41-5-15 deprives all plaintiffs of a constitutional right of access to the courts.” [Emphasis added.] We find this reasoning untenable. The Legislature’s prerogative in the matter of legislation is to be questioned solely from the standpoint of our federal or state constitutional limitations. See State ex rel. Holmes v. State Board of Finance, 69 N.M. 430, 367 P.2d 925 (1961). In determining the constitutionality of an act of the Legislature, the presumption is that the Legislature has performed its duty and kept within the bounds fixed by the constitution. Seidenberg v. New Mexico Board of Medical Examiners, 80 N.M. 135, 452 P.2d 469 (1969). If the majority feels that the statute is unconstitutional, the appropriate measure would be to say so and allow the Legislature to remedy the problem.
Section 41-5-15(A) states that “[n]o malpractice action may be filed in any court against a qualifying health care provider before application is made to the medical review commission and its decision is rendered.” We find this language clear and unambiguous. When the meaning of the language employed is plain, it must be given effect. State v. Elliott, 89 N.M. 756, 557 P.2d 1105 (1977). This principle has been stated many times. See, e.g., Arnold v. State, 94 N.M. 381, 610 P.2d 1210 (1980); Keller v. City of Albuquerque, 85 N.M. 134, 509 P.2d 1329 (1973); Fort v. Neal, 79 N.M. 479, 444 P.2d 990 (1968); Sunset Package Store, Inc. v. City of Carlsbad, 79 N.M. 260, 442 P.2d 572 (1968); State v. Chouinard, 93 N.M. 634, 603 P.2d 744 (Ct.App.1979); State v. McHorse, 85 N.M. 753, 517 P.2d 75 (Ct. App.1973); State v. Ortiz, 78 N.M. 507, 433 P.2d 92 (Ct.App.), cert. denied (1967).
The plain meaning of the statute cannot be ignored to avoid a harsh result. See Noriega v. City of Albuquerque, 86 N.M. 294, 523 P.2d 29 (Ct.App.), cert. denied, 86 N.M. 281, 523 P.2d 16 (1974). If the law is to be changed, it is a matter for the Legislature. It is fundamental that this Court does not sit to substitute its judgment for that of the Legislature. Village of Deming v. Hosdreg Co., 62 N.M. 18, 303 P.2d 920 (1956). The courts must construe statutes as they exist. Bolles v. Smith, 92 N.M. 524, 591 P.2d 278 (1979).
In addition, we think it significant to point out that Section 38-1-16 “Personal service of process outside state,” provides a method of service for any cause of action arising from Section 38-l-16(A)(3) “the commission of a tortious act within this state.” Section (B) further provides that:
Service of process may be made upon any person subject to the jurisdiction of the courts of this state under this section by personally serving the summons upon the defendant outside this state and such service has the same force and effect as though service had been personally made within this state.
We find that the district court correctly applied the law, and we would therefore affirm.