54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.16.18-16.16.18.8 MINOR SURGICAL PROCEDURES
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A New Mexico optometric physician can use surgery or injections to correct and relieve the following types of abnormalities of the human eye and its adnexa. The following types of in-office minor surgical procedures are allowed: A. non-laser removal, destruction or drainage of su…
R.16.16.19-16.16.19.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.19-16.16.19.10 CONTACT LENS POLICIES AND PROCEDURES
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A. All contact lenses used in the determination of a contact lens prescription are considered to be diagnostic lenses, and the use of such lenses by anyone other than a licensed optometrist or physician, or person under the direct supervision of a licensed optometrist or physicia…
R.16.16.19-16.16.19.11 REPLACEMENT CONTACT LENS PRESCRIPTION
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A. The licensed optometrist shall ensure that each replacement contact lens prescription that he/she prescribes contains all the ordering and fabrication specifications necessary for the proper duplication of the patient's current prescription; and shall include the following: (1…
R.16.16.19-16.16.19.12 TERM OF PRESCRIPTION
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An optometrist may not issue a contact lens prescription that expires before the second anniversary of the date the patient's prescription parameters were determined, unless a shorter prescription period was clinically indicated by the patient's ocular health or by potential harm…
R.16.16.19-16.16.19.13 SHORT-TERM PRESCRIPTION
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If an optometrist writes a contact lens prescription for a period of less than two years, the optometrist shall complete the following: A. give the patient a verbal explanation, at the time of the action, of the reason for the action; and B. maintain a written explanation of the …
R.16.16.19-16.16.19.14 EXTENSION OF PRESCRIPTION
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An optometrist may extend a patient's contact lens prescription expiration date without completing another eye examination if the optometrist deems it clinically indicated, and the reason shall be noted in the patient's records.
R.16.16.19-16.16.19.15 RELEASE OF REPLACEMENT CONTACT LENS PRESCRIPTION; TIMING
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A. An optometrist who performs an eye examination and fits a patient for contact lenses shall prepare and provide the patient or anyone who is designated to act on behalf of the patient, with a replacement contact lens prescription when the patient's contact lens fitting has been…
R.16.16.19-16.16.19.16 LIMITATIONS ON, OR REFUSAL TO GIVE REPLACEMENT CONTACT LENS PRESCRIPTION
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A. An optometrist may exclude categories of contact lenses from a replacement contact lens prescription if the exclusion is clinically indicated. B. An optometrist may refuse to provide a replacement contact lens prescription to a patient if: (1) the patient's ocular health prese…
R.16.16.19-16.16.19.17 COMPLIANCE REQUIRED; VIOLATION PENALTIES
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A. A person or entity who is not a licensed optometrist or a licensed physician cannot sell or dispense replacement contact lenses unless registered with the New Mexico board of pharmacy. Pharmacies, hospitals and clinics licensed by the board of pharmacy are exempt from this rul…
R.16.16.19-16.16.19.18 SALE OR DISPENSING OF REPLACEMENT CONTACT LENSES
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The sale of all replacement contact lenses is regulated by the federal trade commission's Contact Lens Rule which became effective in July 2004. Please see "a guide for prescribers and sellers" of contact lenses at http://www.ftc.gov/bcp/edu/pubs/business/health/bus62.shtm.
R.16.16.19-16.16.19.19 LIABILITY FOR USE OF PRESCRIPTION
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When a patient's replacement contact lens prescription is dispensed by a person other than that licensed optometrist or a person associated directly or indirectly with the licensed optometrist, the licensed optometrist is not liable for any injury to or condition of a patient cau…
R.16.16.19-16.16.19.2 SCOPE
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Part 19 of Chapter 16 applies to all optometrists licensed by the Board and practicing in New Mexico.
R.16.16.19-16.16.19.20 REGISTRATION REQUIRED FOR NON-LICENSEES TO SELL CONTACT LENSES
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A. A person who is not a licensed optometrist or a licensed physician shall not sell or dispense a contact lens to a resident of this state unless he/she is registered with the New Mexico board of pharmacy as a seller or dispenser of contact lenses; provided that pharmacies, clin…
R.16.16.19-16.16.19.3 STATUTORY AUTHORITY
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The authority for Part 19 of Chapter 16 is NMSA 1978, Section 61-2-2; Section 61-2-4; Section 61-2-14; and 61-2-6.D. (2) (1995 Repl. Pamp.).
R.16.16.19-16.16.19.4 DURATION
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Permanent.
R.16.16.19-16.16.19.5 EFFECTIVE DATE
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October 14, 1995, unless a later date is cited at the end of a section.
R.16.16.19-16.16.19.6 OBJECTIVE
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The objective of Part 19 of Chapter 16 is to set forth regulations on contact lens prescription release.
R.16.16.19-16.16.19.7 DEFINITIONS
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A. "Replacement contact lens prescription" means a prescription prepared by a licensed optometrist containing the information specified in Section 11 of this rule and written expressly for the purpose of providing contact lenses that have already been properly fitted. B. "Appropr…
R.16.16.19-16.16.19.8 RELEASE OF CONTACT LENS PRESCRIPTION
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[RESERVED]
R.16.16.19-16.16.19.9 CONTACT LENS EXAMINATION AND FOLLOW-UP FITTING REQUIRED
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A. No optometrist will prescribe contact lenses for a patient unless he/she has personally examined and fitted the contact lenses to the eyes of the patient at the optometrist's place of practice. B. A replacement contact lens prescription is deemed to be determined after a refra…
R.16.16.2-16.16.2.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.2-16.16.2.10 LICENSE FEE FOR EXAMINATION CANDIDATES
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$200.00. The license fee is required after passing the board examination in order to receive an initial license.
R.16.16.2-16.16.2.11 EXPEDITED LICENSE FEE
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$250.00. The expedited license fee is required with an expedited license application in order to submit an application and receive an initial license.
R.16.16.2-16.16.2.12 RESERVED
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R.16.16.2-16.16.2.13 RENEWAL FEE
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$300.00
R.16.16.2-16.16.2.14 LATE PENALTY FEE
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$325.00
R.16.16.2-16.16.2.15 DUPLICATE WALL LICENSE FEE
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$35.00
R.16.16.2-16.16.2.16 DUPLICATE WALL CERTIFICATE FEE
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$50.00
R.16.16.2-16.16.2.17 VERIFICATION OF LICENSURE FEE
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$25.00
R.16.16.2-16.16.2.18 INACTIVE STATUS FEE
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$300.00
R.16.16.2-16.16.2.19 INACTIVE RENEWAL FEE
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$200.00
R.16.16.2-16.16.2.2 SCOPE
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The provisions in Part 2 of Chapter 16 apply to all licensed optometrists, applicants for optometric licensure in New Mexico, anyone wishing to purchase licensee lists or mailing labels, or anyone who requests a written verification of licensure to be completed by the Board.
R.16.16.2-16.16.2.20 REACTIVATION FEE
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$300.00
R.16.16.2-16.16.2.21 LICENSEE LISTINGS AND MAILING LABELS FEE
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$100.00
R.16.16.2-16.16.2.22 ALL FEES ARE NON-REFUNDABLE
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R.16.16.2-16.16.2.23 OTHER ADMINISTRATIVE FEES
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Request for CE review for approval for licensees as provided in 16.16.13.10 NMAC: $35.00
R.16.16.2-16.16.2.3 STATUTORY AUTHORITY
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These rules are promulgated pursuant to the Optometry Act, Sections 61-2-1 to 61-2-18 NMSA 1978.
R.16.16.2-16.16.2.4 DURATION
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Permanent.
R.16.16.2-16.16.2.5 EFFECTIVE DATE
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October 14, 1995, unless a later date is cited at the end of a section.
R.16.16.2-16.16.2.6 OBJECTIVE
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The objective of Part 2 of Chapter 16 is to establish the required fees for application, examination, licensure, certification, renewal, retirement, reinstatement and reactivation of a license, duplicate licenses, verifications of licensure, and so forth.
R.16.16.2-16.16.2.7 DEFINITIONS
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[RESERVED]
R.16.16.2-16.16.2.8 APPLICATION PROCESSING FEE
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$175.00 A. The application fee must accompany the letter of intent to sit for a scheduled board examination for the purposes of 16.16.3.9 NMAC. B. The application-processing fee is required each time the candidate applies to sit for the board examination.
R.16.16.2-16.16.2.9 EXAMINATION FEE
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$400.00. The examination fee is required each time the candidate is scheduled for the Board examination.
R.16.16.20-16.16.20.1 ISSUING AGENCY
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New Mexico Board of Optometry.
R.16.16.20-16.16.20.10 UNPROFESSIONAL CONDUCT RELATED TO OPHTHALMIC LENSES
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A. Refusing to provide the patient with his/her eyeglass prescription if the prescription is under a year old; or B. Duplicating or replacing eyeglasses when the prescription is more than two years old without written authorization from the patient.
R.16.16.20-16.16.20.2 SCOPE
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Part 20 of Chapter is written to provide information about the prescribing of ophthalmic lenses for eyeglasses.
R.16.16.20-16.16.20.3 STATUTORY AUTHORITY
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The authority for Part 20 of Chapter 16 is NMSA 1978, Sections 61-2-1 to 61-2-18 (2003 Repl. Pamp.).
R.16.16.20-16.16.20.4 DURATION
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Permanent.
R.16.16.20-16.16.20.5 EFFECTIVE DATE
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March 15, 2004, unless a later date is cited at the end of a section.