New Mexico Administrative Code

The objective of Part 20 of Chapter 16 is to set forth rules related to the prescribing and dispensing of ophthalmic lenses and eyeglasses.

A. "Ophthalmic lens" means a lens that has a spherical, cylindrical or prismatic value, is ground pursuant to a prescription and is intended to be used as eyeglasses. B. "Eyeglasses" means an exterior optical device using ophthalmic lenses for the correction or relief of disturba…

A. A prescription written for ophthalmic lenses shall include the following: (1) the dioptric power of spheres, cylinders and prisms; (2) the axes of cylinders; (3) the position of the prism base; (4) the designation of the pupillary distance; (5) the name of the patient; (6) the…

A person who sells and dispenses eyeglasses upon the written prescription of an optometrist, physician, or surgeon may determine the following: A. the type, form, size, and shape of the ophthalmic lens; B. the placement of optical centers for distance-seeing and near-work; C. the…

New Mexico Board of Optometry.

The following unprofessional conduct related to pharmaceutical and controlled dangerous pharmaceutical agents shall be grounds for disciplinary action by the board. Violations of Subsections of this Section may also constitute fourth degree felony violations and may be subject to…

In accordance with the Uniform Licensing Act, Section 61-1-3.2, NMSA 1978 (2003 Repl. Pamp), a person who is not licensed to engage in the practice of optometry by the board is subject to disciplinary actions and proceedings by the board if it is determined that he or she has bee…

A. Convictions for any of the following felony offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the board: (1) murder; (2) manslaughter; (3) aggravated…

Part 21 of Chapter 16 applies to anyone in violation of the Optometry Act NMSA 1978 Section 61-2-1 to 61-2-18 (1995 Repl. Pamp.) or the Optometry regulations 16.16 NMAC.

The authority for Part 21 of Chapter 16 is NMSA 1978, Section 61-2-1 to 61-2-18 (1995 Repl. Pamp.) and the Uniform Licensing Act, Section 61-1-3.2, NMSA 1978 (2003 Repl. Pamp).

Permanent.

October 14, 1995, unless a later date is cited at the end of a section.

The objective of Part 21 of Chapter 16 is to set forth the acts or conduct that constitute violations of the Optometry Act and the Optometry regulations and the Uniform Licensing Act, and which subject the person in violation to disciplinary action by the board.

A. "Disqualifying criminal conviction" has the same meaning as defined in Subsection E of Section 61-1-36 NMSA 1978. B. "Splitting or dividing of fees" means offering, delivering, receiving, or accepting any unearned rebate, refund, commission, preference, patronage, dividend, di…

In accordance with the provisions contained within the Uniform Licensing Act, the Board may take disciplinary action if the Board determines that the applicant or the licensee has violated any provision of the Optometry Act or the regulations of the Board (16.16 NMAC).

The following exemplify the types of conduct or acts of omission that shall subject the licensee or applicant to disciplinary action by the board. A. Any conduct whether an act or the omission of an act, which deceives or defrauds or tends to deceive or defraud the public. B. Obt…

New Mexico Board of Optometry.

Part 22 of Chapter 16 applies to all license applicants or New Mexico licensed optometrists.

Authority for Part 22 of Chapter 16 is the Optometry Act NMSA 1978 Section 61-2-6.D, Section 61-2-13, Section 61-2-14, Section 61-2-17 (1995 Repl. Pamp.) and the Uniform Licensing Act, NMSA 1978, Sections 61-1-1 through 61-1-33 (1993 Repl. Pamp.).

Permanent.

October 14, 1995, unless a later date is cited at the end of a section.

The objective of Part 22 of Chapter 16 is to set forth the policies and procedures for processing complaints submitted to the Board against licensees and for instituting disciplinary actions against applicants and licensees.

For the purposes of this rule: A. "Complaint" means a complaint filed with the board against an applicant for licensure or against a licensee. B. "Complainant" means the party who files a complaint against a licensee or against an applicant for licensure. C. "Respondent" means th…

An investigation may be instituted by the board upon the receipt of a written complaint filed by any person, including any member of the board. A. Written Complaint Required. A complaint filed with the board will be received by the board administrator who will process the complai…

New Mexico Board of Optometry.

Upon determination that an applicant or licensee appears on the certified list, the Board shall: A. commence a formal proceeding under 16.16.23.11 NMAC to take the appropriate action under 16.16.23.8 NMAC; (or B. for current licensees only, informally notify the licensee that the…

Prior to taking any action specified in Part 23.8 of 16 NMAC 16, the Board shall serve upon the applicant or licensee a written notice stating that: A. the Board has grounds to take such action, and that the Board shall take such action unless the licensee or applicant: (1) mails…

In any hearing under this rule, relevant evidence is limited to the following: A. A Statement of Non-compliance is conclusive evidence that requires the Board to take the appropriate action under 16.16.23.8 NMAC, unless: B. The applicant or licensee provides the Board with a subs…

When a disciplinary action is taken under this Section solely because the applicant or licensee is not in compliance with a judgment and order for support, the order shall state that the application or license shall be reinstated upon presentation of a subsequent Statement of Com…

Proceedings under this rule shall be governed by the Uniform Licensing Act.

Part 23 of Chapter 16 applies to all applicants for licensure and all optometrists licensed by the Board.

The authority for Part 23 of Chapter 16 is the Parental Responsibility Act (Ch. 25, Laws of 1995).

Permanent.

October 14, 1995, unless a later date is cited at the end of a section.

The objective of Part 23 of Chapter 16 is to set forth the policies, procedures, and disciplinary proceedings for implementation of the Parental Responsibility Act (Ch. 25, Laws of 1995).

All terms defined in the Parental Responsibility Act shall have the same meanings in this Section. As used in this Section: A. "HSD" means the New Mexico Human Services Department; B. "Statement of Compliance" means a certified statement from HSD stating that an applicant or lice…

If an applicant or licensee is not in compliance with a judgment and order for support, the Board: A. shall deny an application for a license; B. shall deny the renewal of license; and C. has grounds for suspension or revocation of the license.

Upon receipt of HSD's certified list of obligors not in compliance with a judgment and order for support, the Board shall match the certified list against the current list of Board licensees and applicants. A. Upon the later receipt of an application for license or renewal, the B…

New Mexico Board of Optometry.

In accordance with the provisions in the Impaired Health Care Provider Act, the examining committee shall order and conduct an examination and may require a physical or psychiatric examination or drug test of the licensee to determine his or her fitness to practice optometry with…

A licensed professional designated by the board shall perform the physical or psychiatric examination and/or drug test ordered by the examination committee. The cost of said examination or test shall be borne by the optometrist who is the subject of the examination.

A. The examining committee shall report its findings on the examination and make recommendation to the Board. B. Recommendations made to the board by the examining committee shall be advisory only and shall not be binding on the Board.

The results of the examining committee's findings and the physical or psychiatric exam and/or drug test shall be admissible in any subsequent review or hearing by the board, notwithstanding any claim of privilege under a contrary rule or law or statute.

Failure or refusal by the optometrist to comply with an examining committee order to appear before it for examination, or to submit to a physical or psychiatric examination or drug test pursuant to the Impaired Health Care Provider Act, shall be grounds for immediate and summary …

The board may accept or reject any finding, determination, or recommendation made by the examining committee to the board regarding the licensee's ability to continue to practice with or without restriction on the license, or the board may refer the matter back to the examination…

Before the board can take action to restrict, suspend, or revoke the optometrist's license on the evidence reported by the examining committee, the optometrist shall be entitled to a hearing under, and in accordance with, the procedures contained in the Impaired Health Care Provi…

The provisions in PART 24 of Chapter 16 apply to any person governed by the Optometry Act who may be subject to investigation and disciplinary action for excessive use or abuse of intoxicants or drugs.