Chapter 61 — Chapter 61

A. As used in this section: (1) "immediate follow-up care" is that period of contact lens fitting time required to determine a contact lens prescription that is appropriate to the documented clinical needs of the patient; and (2) "replacement contact lens prescription" means a pr…

A. The board shall set fees for the following by rule: (1) application fee in an amount not to exceed five hundred dollars ($500); (2) examination fee in an amount not to exceed five hundred dollars ($500); (3) except as provided in Section 61-1-34 NMSA 1978, licensure fee in an …

practice. A. A person to whom a license as an optometrist has been issued shall display the license in a conspicuous place in the licensee's principal office or place of business. B. A license shall be renewed annually on or before July 1. Except as provided in Section 61-1-34 NM…

The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], for any of the following reasons: A. conviction of a felony, as shown by a certified copy of the record of the court of conv…

A. A person who commits one of the following acts is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978: (1) practicing or attempting to practice optometry without a valid current license issued by the …

criminal penalty; civil remedy; exceptions. A. Unless the person is licensed pursuant to the Optometry Act or the Medical Practice Act [Chapter 61, Article 6 NMSA 1978], a person shall not: (1) perform an eye examination on an individual physically located in the state at the tim…

A. Except for the provisions of Section 61-2-16 NMSA 1978 and as provided in this subsection, the Optometry Act does not apply to a licensed physician or a person, clinic or program under his responsible supervision and control, provided that the person, clinic or program under t…

A. In expending public money for any purpose involving the care of vision, any state board, commission or department created or existing by statute, including public schools or other state or municipal agencies or any of their employees, who, in the performance of their duties, a…

Upon conviction of any person for violation of any provision of the Optometry Act, the board or any interested person may, in addition to the penalty herein provided, petition the district court for an order restraining and enjoining said person from further or continued violatio…

History: 1978 Comp., § 61-2-18, enacted by Laws 1979, ch. 12, § 3; 1981, ch. 241, § 16; 1985, ch. 87, § 1; 1991, ch. 189, § 2; 1997, ch. 46, § 2; 2003, ch. 428, § 1; 2009, ch. 96, § 2; 2015, ch. 119, § 2; repealed by Laws 2023, ch. 15, § 8.

As used in the Optometry Act: A. "practice of optometry" means: (1) the employment of any subjective or objective means or methods, including but not limited to the use of lenses, prisms, autorefractors or other automated testing devices, and includes the prescription or administ…

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Optometry Act. History: 1953 Comp., § 67-1-2.1, enacted by Laws 1974, ch. 78, § 11.

Unless licensed pursuant to the Optometry Act, or specifically exempted or excluded from the application of all or part of that act, a person shall not: A. practice optometry; B. represent himself or offer his services as being able to practice optometry; or C. duplicate or repla…

A. There is created a six-member "board of optometry". The board shall be administratively attached to the regulation and licensing department. The board consists of four persons who have resided in and have been continuously engaged in the practice of optometry in New Mexico for…

powers and duties. A. The board shall annually elect a chair, a vice chair and a secretary-treasurer; each shall serve until a successor is elected and qualified. B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may…

payments; bonds. A. There is created the "optometry fund." B. All funds received by the board and money collected under the Optometry Act shall be deposited with the state treasurer, who shall place the same to the credit of the optometry fund. C. All payments out of the optometr…

Each applicant for licensure as an optometrist shall furnish evidence satisfactory to the board that the applicant: A. has reached the age of majority; and B. has graduated and been awarded a doctor of optometry degree from a school or college of optometry approved and accredited…

endorsement. A. An applicant meeting the qualifications set forth in Section 61-2-8 NMSA 1978 for initial licensure shall file an application under oath on forms supplied by the board for an examination by the board. The examination shall be confined to the subjects within the cu…

Each applicant for a license to practice optometry as provided in Chapter 61, Article 2 NMSA 1978 who successfully passes the examination for licensure, possesses the required educational qualifications and meets other requirements of the Optometry Act or regulations adopted purs…

Chapter 61, Article 3 NMSA 1978 may be cited as the "Nursing Practice Act". History: 1953 Comp., § 67-2-1, enacted by Laws 1968, ch. 44, § 1; 2003, ch. 276, § 1; 2003, ch. 282, § 1; 2003, ch. 307, § 4.

The board: A. shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] as necessary to enable it to carry into effect the provisions of the Nursing Practice Act and to maintain high standards of practice; B. shall prescribe standards and app…

certification. A. A statewide program for certification of hemodialysis technicians is created according to the rules adopted by the board. B. Unless certified as a certified hemodialysis technician pursuant to the Nursing Practice Act, no person shall: (1) practice as a certifie…

A. A statewide program for certification of medication aides and approval of medication aide training programs is created under the board. B. Unless certified as a certified medication aide under the Nursing Practice Act, no person shall: (1) practice as a certified medication ai…

History: 1978 Comp., § 61-3-10.3, enacted by Laws 1995, ch. 117, § 1; 1997, ch. 244, § 9; repealed Laws 2005, ch. 303, § 3 and Laws 2005, ch. 307 § 10.

History: Laws 2003, ch. 282, § 2; repealed Laws 2005, ch. 303, § 3 and Laws 2005, ch. 307 § 10.

A. The board may establish a "nursing excellence program" that provides strategies to: (1) enhance recruitment and retention of professional nurses, increase career and educational opportunities and improve interaction with health facilities administrations, the medical professio…

The "nursing excellence fund" is created in the state treasury to support the nursing excellence program. The fund consists of license renewal surcharges, appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund …

A. The executive officer and any employee of the board who handles money or who certifies the receipt or disbursal of money received by the board, shall, within thirty days after election or employment by the board, execute a bond in a penal sum to be set by the board, conditione…

The board shall provide for the examination of all applicants seeking licensure under the provisions of the Nursing Practice Act. History: 1953 Comp., § 67-2-9, enacted by Laws 1968, ch. 44, § 9; 1975, ch. 40, § 1; 1979, ch. 379, § 4; 1993, ch. 61, § 3.

Before being considered for licensure as a registered nurse, either by endorsement or examination, under Section 61-3-14 NMSA 1978, an applicant shall: A. furnish evidence satisfactory to the board that the applicant has successfully completed an approved program of nursing for l…

licensure. A. Applicants for licensure by examination shall be required to pass the national licensing examination for registered nurses. An applicant who successfully passes the examination and submits a completed application may be issued by the board a license to practice as a…

ANNOTATIONS Repeals. — Laws 2001, ch. 137, § 15 repealed 61-3-15 NMSA 1978, as enacted by Laws 1968, ch. 44, § 12, regarding temporary licensure for registered nurses, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. For presen…

Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a registered nurse shall pay the following nonrefundable fees: A. for licensure without examination, a fee not to exceed two hundred dollars ($200); B. for licensure by examination when the examination…

Any person licensed as a professional or registered nurse under any prior laws of this state, whose license is valid on the effective date of the Nursing Practice Act, shall be held to be licensed as a registered nurse under the provisions of the Nursing Practice Act and shall be…

Before being considered for licensure as a licensed practical nurse, either by endorsement or examination, under Section 61-3-19 NMSA 1978, an applicant shall: A. furnish evidence satisfactory to the board that the applicant has successfully completed an approved program of nursi…

expedited licensure. A. Applicants for licensure by examination shall be required to pass the national licensing examination for licensed practical nurses. An applicant who passes the examination and submits a completed application may be issued a license by the board to practice…

The purpose of the Nursing Practice Act is to promote, preserve and protect the public health, safety and welfare by regulating the practice of nursing, schools of nursing, hemodialysis technicians and medication aides in the state. History: 1953 Comp., § 67-2-2, enacted by Laws …

ANNOTATIONS Repeals. — Laws 2001, ch. 137, § 15 repealed 61-3-20 NMSA 1978, as enacted by Laws 1968, ch. 44, § 17, regarding temporary licensure for licensed practical nurses, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. Fo…

Any person licensed as a practical nurse under any prior laws of this state whose license is valid on the effective date of the Nursing Practice Act shall be held to be licensed under the provisions of the Nursing Practice Act and shall be entitled to renewal of this license as p…

Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a licensed practical nurse shall pay the following nonrefundable fees: A. for licensure without examination, a fee not to exceed one hundred fifty dollars ($150); B. for licensure by examination when t…

A. The board may issue a permit to practice to an applicant upon completion of an approved course of study and upon application to take the national licensing examination after graduation within the time frame set by rules of the board. B. The permit to practice shall be issued f…

A one-time, nonrenewable permit may be issued to graduate nurse anesthetists, nurse practitioners and clinical nurse specialists awaiting examination and results in accordance with requirements set forth by the board in the rules and regulations. History: 1978 Comp., § 61-3-23.1,…

examination; endorsement; expedited licensure. A. The board may license for advanced practice as a certified nurse practitioner an applicant who furnishes evidence satisfactory to the board that the applicant: (1) is a registered nurse; (2) has successfully completed a program fo…

licensure; practice; endorsement; expedited licensure. A. The board may license for advanced practice as a certified registered nurse anesthetist an applicant who furnishes evidence satisfactory to the board that the applicant: (1) is a registered nurse; (2) has successfully comp…

endorsement; expedited licensure. A. The board may license for advanced practice as a certified clinical nurse specialist an applicant who furnishes evidence satisfactory to the board that the applicant: (1) is a registered nurse; (2) has a master's degree or doctoral degree in a…

psychotropic medication by nurse practitioner or clinical nurse specialist. A. Subject to rules promulgated by the board, a nurse practitioner or clinical nurse specialist may supervise a psychologist in the prescribing of psychotropic medication pursuant to the Professional Psyc…

History: Laws 2019, ch. 129, § 1; recompiled by compiler as § 24-1-41 NMSA 1978.

A. Any person licensed pursuant to the provisions of the Nursing Practice Act who intends to continue practice shall renew the license every two years by the end of the applicant's renewal month and shall show proof of continuing education as required by the board, except when on…

The Nurse Licensure Compact is entered into law and entered into with all other jurisdictions legally joining therein in a form substantially as follows: "Nurse Licensure Compact ARTICLE 1 – Findings and Declaration of Purpose A. The party states find that: (1) the health and saf…

History: 1978 Comp., § 61-3-29.1, enacted by Laws 1987, ch. 285, § 1; 1991, ch. 190, § 21; 1991, ch. 253, § 2; 1997, ch. 244, § 19; 2001, ch. 137, § 12; repealed by Laws 2018, ch. 1, § 3.