New Mexico Administrative Code

In lieu of a formal hearing, the optometrist may voluntarily request, in writing, a restriction of the license to practice optometry. A. The board may grant the request for restriction and shall have authority, if it deems appropriate, to attach conditions to the optometrist's li…

The optometrist shall have a right, at reasonable intervals after a year, to petition the board, in writing, for the removal of the voluntary restriction and to demonstrate that he or she is capable of resuming the competent practice of optometry with reasonable skill and safety …

In the absence of a request by the optometrist for voluntary restriction of his or her license as provided in Section 20 of 16.16.24 NMAC (this rule), the board may, in its discretion, initiate proceedings for the restriction, suspension, or revocation of the optometrist's licens…

A. The board may temporarily suspend the optometrist's license without a hearing, simultaneously with the institution of proceedings under the Impaired Health Care Provider Act or the Uniform Licensing Act, if it finds that the evidence in support of the examining committee's det…

Subsequent to formal proceedings under the Impaired Health Care Provider Act and the Uniform Licensing Act, any optometrist who is prohibited from practicing optometry may, after a year from the date of suspension or revocation of the license, petition the board for reinstatement…

PART 24 of Chapter 16 is promulgated pursuant to the Optometry Act, Section 61-2-1 through Section 61-2-18 NMSA 1978 (1997 Repl. Pamp.); the Uniform Licensing Act, Section 61-1-1 through Section 61-1-33 NMSA 1978 (1996 Repl. Pamp.); and the Impaired Health Care Provider Act, Sect…

Permanent.

February 15, 1999, unless a later date is cited at the end of a section.

The objective of PART 24 of Chapter 16 is to set forth policies and guidelines for disciplinary action when evidence or allegations of a mental disorder or illness, abuse of intoxicants or drugs by a licensed optometrist have been presented to the board.

For the purposes of this rule: A. "Impaired Health Care Provider Act" refers to Section 61-7-1 through Section 61-7-12 NMSA 1978 (1995 Repl. Pamp.). B. "Controlled Substances Act" refers to Section 30-31-1 through Section 30-31-42 NMSA 1978. C. "Impaired practitioner" means any h…

In cases where the Board has reasonable cause to believe that a licensed optometrist has a mental disorder or illness or is engaging in the excessive or habitual use or abuse of intoxicants or drugs, as defined in the Controlled Substances Act, and that such activity may compromi…

The board shall designate three licensed optometrists as members of an "examining committee" to examine the optometrist believed to be impaired either as a result of a mental disorder or illness or by the excessive or habitual use or abuse of intoxicants or drugs.

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

New Mexico Board of Optometry.

Upon Board review and approval of the above listed documentation, each approved candidate will be scheduled by letter to sit for the board's examination. A. Candidates will not be allowed entrance into the examination without this schedule notification letter. B. At least one for…

Any applicant for licensure who desires to take the Board examination and who has had a license either suspended or revoked in any jurisdiction shall be ineligible to take the examination until that license is reinstated.

Incomplete applications for licensure will be kept on file for two years from the date the first item of documentation was received and board staff created a file.

The provisions in Part 3 of Chapter 16 apply to any applicant for optometric licensure in New Mexico who does not meet the requirements for licensure by endorsement.

The authority for Part 3 of Chapter 16 is Section 61.2.4 NMSA 1978; Subsections B and D of 61-2-6 NMSA 1978; Section 61-2-8 NMSA 1978; and Section 61-2-9 NMSA 1978 (1995 Repl. Pamp.).

Permanent.

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

The objective of Part 3 of Chapter 16 is to establish clearly the licensure application procedures and requirements for candidates who are seeking licensure by examination to qualify to sit for the Board's licensing examination.

A. "NBEO" means the National Board of Examiners in Optometry. B. "NBEO Part I" refers to the NBEO Basic Science Exam. C. "NBEO Part II" refers to the NBEO Clinical Science Exam. D. "NBEO Part III" refers to the NBEO Patient Care Exam which consists of PMP's (Patient Management); …

A. As of January 15, 1995, all candidates for licensure are required to take the Board's licensing examination. B. As of January 15, 1995, all candidates, except those who have met the qualification requirements set forth in Subsections A and B of 16.16.4.8 NMAC and have been app…

In accordance with Section 61-2-8 NMSA 1978, and those qualifications set forth therein, candidates for examination must submit to the board office, at least 65 days prior to the announced examination date, a letter of intent applying for the next regularly scheduled board examin…

New Mexico Board of Optometry.

A. A candidate for expedited licensure under Section 61-1-34 -NMSA 1978 must submit to the board a complete application containing all of the following: (1) A completed and signed application form; (2) Proof of current licensure in another jurisdiction; (3) Certificate of good st…

A. An expedited license shall be valid for the same length of time as a regular license issued by the board and must be renewed on or before July of each year, as provided by 16.16.10.8 and 9 NMAC. B. A licensee holding an expedited license may apply for license renewal in the ma…

The provisions in Part 4 of Chapter 16 apply to all applicants for expedited licensure.

These rules are promulgated pursuant to the Optometry Act, Sections 61-2-1 to -18 NMSA 1978.

Permanent.

December 27, 2022, unless a later date is cited at the end of a section.

The objective of Part 4 is to promote, preserve and protect the public health, safety and welfare by regulating and setting professional standards for applicants for expedited licensure.

A. "Eligible jurisdiction" means:(1) any state or territory of the United States except those included in the list of disapproved licensing jurisdictions in 16.16.4.8 NMAC, and (2) any foreign country included in 16.16.4.9 NMAC. B. "Expedited license" means a provisional license …

Applicants licensed in the following states and territories of the United States shall not be eligible for expedited licensure under Section 61-2-9 of the Optometry Act. A. American Samoa, on the grounds that education and licensure examination requirements cannot be determined t…

A. A candidate for expedited licensure under Section 61-1-31.1 NMSA 1978 must submit to the board a complete application containing all of the following: (1) A completed and signed application form; (2) Proof of current licensure in an eligible jurisdiction as defined in these ru…

New Mexico Board of Optometry.

The provisions in Part 5 of Chapter 16 apply to all applicants for optometric licensure in New Mexico.

The authority for Part 5 of Chapter 16 is NMSA 1978, Section 61-2-4.1; Section 61-2-6.B and D. (6) (7); Section 61-2-9; and 61-2-6.D. (1) and (2) (1995 Repl. Pamp.).

Permanent.

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

The objective of Part 5 of Chapter 16 is to establish the requirements, policies, and procedures for examination for licensure to practice optometry in New Mexico.