54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.16.13-16.16.13.8 CONTINUING EDUCATION REQUIREMENTS
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A minimum of 22 clock-hours of optometry related, board approved continuing education or postgraduate programs, are required for license renewal each year beginning July 1, as detailed below. A. The continuing education shall be submitted as follows: (1) at least 10 of the 22 hou…
R.16.16.13-16.16.13.9 APPROVED CONTINUING EDUCATION
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All subjects of education must be directly related to optometry. The New Mexico board of optometry approves the following programs for continuing education credit, as well as those listed on the updated list available on the board's web site. A. Any convention of the American opt…
R.16.16.14-16.16.14.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.14-16.16.14.2 SCOPE
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Part 14 of Chapter 16 applies to all New Mexico licensed optometrists requiring a duplicate or replacement license and/or certificate.
R.16.16.14-16.16.14.3 STATUTORY AUTHORITY
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The authority for Part 14 of Chapter 16 is NMSA 1978, Section 61-2-6.D. (2) (1995 Repl. Pamp.).
R.16.16.14-16.16.14.4 DURATION
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Permanent.
R.16.16.14-16.16.14.5 EFFECTIVE DATE
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October 14, 1995, unless a later date is cited at the end of a section.
R.16.16.14-16.16.14.6 OBJECTIVE
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The objective of Part 14 of Chapter 16 is to set forth the requirements and procedures for the licensee to request and receive a duplicate or replacement license and/or certificate.
R.16.16.14-16.16.14.7 DEFINITIONS
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[RESERVED]
R.16.16.14-16.16.14.8 LICENSE LOST OR DESTROYED
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In the event a license is lost or destroyed, the Board shall issue a duplicate license upon receipt of the following: A. Notice of the loss; and B. Fee(s) in an amount provided by law or regulation (See 16.16.2.15 and 16.16.2.16 NMAC).
R.16.16.14-16.16.14.9 LEGAL NAME CHANGE
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If a licensee requests a new license to be compatible with a legal name change, the Board may issue a new license or certificate upon receipt of the following: A. The old license; B. Proof of name change; and C. Fee(s) in an amount provided by law or regulation 16.16.2.15 and 16.…
R.16.16.15-16.16.15.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.15-16.16.15.10 PRESCRIPTION MONITORING PROGRAM (PMP) REQUIREMENTS
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The intent of the New Mexico (NM) board of optometry in requiring participation in balancing the safe use of controlled substances with the need to impede harmful and illegal activities involving these pharmaceuticals. A. Any licensed NM optometrist who holds a federal drug enfor…
R.16.16.15-16.16.15.11 PAIN MANAGEMENT CONTINUING EDUCATION
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This section applies to all New Mexico optometrists who hold a federal drug enforcement administration registration to prescribe controlled substances. Pursuant to the Pain Relief Act in order to ensure that all such health care practitioners safely prescribe for pain management …
R.16.16.15-16.16.15.12 NOTIFICATION
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In addition to the notice of procedures set forth in the State Rules Act Chapter 14, Article 4, NMSA 1978, the board shall separately notify the following persons of the Pain Relief Act and Part 15 of the New Mexico Optometry board rule; A. health care practitioners under its jur…
R.16.16.15-16.16.15.2 SCOPE
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The provisions in Part 15 of Chapter 16 apply to all New Mexico licensed optometrists.
R.16.16.15-16.16.15.3 STATUTORY AUTHORITY
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Part 15 of Chapter 16 is promulgated pursuant to and in accordance with the Optometry Act, Section 61-2-3, NMSA 1978 and the Pain Relief Act, Sections 24-2D-1 through 24-2D-1 -6, NMSA 1978.
R.16.16.15-16.16.15.4 DURATION
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Permanent.
R.16.16.15-16.16.15.5 EFFECTIVE DATE
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April 24, 2014, unless a later date is cited at the end of a section.
R.16.16.15-16.16.15.6 OBJECTIVE
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The objective of Part 15 of Chapter 16 is to set forth rules related to the prescribing and dispensing of controlled substances. It is the position of the board that optometrists have an obligation to treat pain, and that a wide variety of drugs including controlled substances ma…
R.16.16.15-16.16.15.7 DEFINITIONS
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A. "Addiction" means a neurobehavioral syndrome with genetic and environmental influences that result in psychological dependence on the use of substances for their psychic effects. It is characterized by behaviors that include one or more of the following: impaired control over …
R.16.16.15-16.16.15.8 GUIDELINES
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The following regulations shall be used by the board to determine whether an optometrist's prescriptive practices are consistent with the appropriate treatment of pain. A. The treatment of pain with drugs or controlled substances is a legitimate optometric practice when accomplis…
R.16.16.15-16.16.15.9 OPTOMETRISTS TREATED WITH CONTROLLED SUBSTANCES
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Optometrists who have chronic pain and are being treated with controlled substances shall be evaluated by a pain clinic, an M.D. or D.O. pain specialist, and must have a complete, independent neuropsychological evaluation, as well as clearance from their physician, before returni…
R.16.16.16-16.16.16.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.16-16.16.16.10 PURCHASE OF AN ESTABLISHED PRACTICE
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A. Upon the purchase or assumption of another optometrist's practice, the identification of the other optometrist's name with the practice shall be limited to a maximum period of four years. B. Upon the death or permanent disability of a New Mexico licensed optometrist, the survi…
R.16.16.16-16.16.16.11 PATIENT RECORDS MANAGEMENT
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A. Optometrists shall retain medical records they own for a period of at least five (5) years from the date of last treatment. B. Thirty (30) days before the closing, selling, relocation or leaving of a practice an optometrist shall notify the board office and patients seen withi…
R.16.16.16-16.16.16.2 SCOPE
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Part 16 of Chapter 16 applies to all optometrists licensed by the Board and practicing in New Mexico.
R.16.16.16-16.16.16.3 STATUTORY AUTHORITY
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The authority for Part 16 of Chapter 16 is NMSA 1978, Section 61-2-14.B. (7) and Section 61-2-6.D. (2) (1995 Repl. Pamp.).
R.16.16.16-16.16.16.4 DURATION
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Permanent.
R.16.16.16-16.16.16.5 EFFECTIVE DATE
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October 14, 1995, unless a later date is cited at the end of a section.
R.16.16.16-16.16.16.6 OBJECTIVE
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The objective of Part 16 of Chapter 16 is to set forth the requirements related to practice location, ownership, leasing arrangements, purchase of practice, and so forth.
R.16.16.16-16.16.16.7 DEFINITIONS
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[RESERVED]
R.16.16.16-16.16.16.8 LOCATION OF PRACTICE
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A. In accordance with the provisions of Section 61-2-14.B of the Optometry Act, an optometrist is prohibited from selling prescription eyeglasses or contact lenses, frames or mountings for lenses in an establishment in which the majority of its income is not derived from being en…
R.16.16.16-16.16.16.9 RESERVED
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R.16.16.17-16.16.17.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.17-16.16.17.2 SCOPE
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Part 17 of Chapter 16 applies to all optometrists licensed by the Board and practicing in New Mexico.
R.16.16.17-16.16.17.3 STATUTORY AUTHORITY
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The authority for Part 17 of Chapter 16 is NMSA 1978 Section 61-2-13; Section 61-2-14; and Section 61-2-6.D and J. (1995 Repl. Pamp.).
R.16.16.17-16.16.17.4 DURATION
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Permanent.
R.16.16.17-16.16.17.5 EFFECTIVE DATE
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October 14, 1995, unless a later date is cited at the end of a section.
R.16.16.17-16.16.17.6 OBJECTIVE
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The objective of Part 17 of Chapter 16 is to set forth the requirements governing the advertising of optometric services, procedures, and ophthalmic materials in the State of New Mexico.
R.16.16.17-16.16.17.7 DEFINITIONS
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[RESERVED]
R.16.16.17-16.16.17.8 UNPROFESSIONAL CONDUCT IN ADVERTISING
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In accordance with NMSA 1978, Section 61-2-13.D and J (1995 Repl. Pamp.), the Board may refuse to issue, suspend or revoke any license for advertising by means of knowingly false, misleading or deceptive statements or advertising. Any such action constitutes unprofessional conduc…
R.16.16.17-16.16.17.9 ADVERTISEMENTS
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A. An optometrist may place advertisements in the yellow pages of the telephone directory. The advertisement must state the following information as provided in Section 57-21-3 of the Advertisement of Health Care Services Act: (1) the optometrist's name; (2) address and telephone…
R.16.16.18-16.16.18.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.18-16.16.18.2 SCOPE
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Provisions of Part 18 of Chapter 16 applies to all New Mexico licensed optometric physicians practicing in New Mexico.
R.16.16.18-16.16.18.3 STATUTORY AUTHORITY
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The authority for Part 18 of Chapter 16 is the Optometry Act NMSA 1978 Section 61-2-2.A (3).
R.16.16.18-16.16.18.4 DURATION
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Permanent.
R.16.16.18-16.16.18.5 EFFECTIVE DATE
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March 22, 2008, unless a later date is cited at the end of a section.
R.16.16.18-16.16.18.6 OBJECTIVE
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The objective of Part 18 of Chapter 16 is to convey which in-office minor surgical procedures New Mexico optometric physicians are authorized to perform.
R.16.16.18-16.16.18.7 DEFINITIONS
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A. "Board" means the New Mexico board of optometry herein referred to as the board. B. "Optometric physician" means an optometrist who administers pharmaceutical medications in the diagnosis, treatment and management of ocular diseases as provided in 16.16.7.11 NMAC.