2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-6 - Optometry board organization; meetings; compensation; 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 be called by the chair and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.
C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance.
D. The board has the authority to determine what constitutes the practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act. The board may issue advisory opinions and declaratory rulings pursuant to that act and rules promulgated in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], but shall not expand the scope of practice of optometry beyond the provisions of the Optometry Act.
E. The board shall:
(1) administer and enforce the provisions of the Optometry Act;
(2) promulgate in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Optometry Act;
(3) adopt and use a seal;
(4) administer oaths and take testimony on matters within the board's jurisdiction;
(5) keep an accurate record of meetings, receipts and disbursements;
(6) keep a record of examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within thirty days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;
(7) certify as passing each applicant who obtains a grade of at least seventy-five percent on each subject upon which the applicant is examined; providing that an applicant failing may apply for re-examination at the next scheduled examination date;
(8) keep a book of registration in which the name, address and license number of licensees shall be recorded, together with a record of license renewals, suspensions and revocations;
(9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the Optometry Act;
(10) develop and administer qualifications for certification for the use of pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10.2 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978; and
(11) provide for the suspension of an optometrist's license for sixty days upon a determination of use of pharmaceutical agents without prior certification in accordance with Section 61-2-10.2 NMSA 1978, after proper notice and an opportunity to be heard before the board.
History:
1953 Comp., § 67-1-5, enacted by Laws 1973, ch. 353, § 5; 1977, ch. 30, § 2; 1979, ch. 12, § 2; 1985, ch. 241, § 3; 1995, ch. 20, § 3; 2003, ch. 408, § 2; 2015, ch. 131, § 2; 2022, ch. 39, § 11.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, provided that the optometry board is subject to the provisions of the State Rules Act for promulgating rules; in the section heading, added "Optometry board"; in Subsection D, after "rules promulgated in accordance with", deleted "that" and added "the State Rules", and after "beyond the provisions of", deleted "that" and added "the Optometry"; and in Subsection E, Paragraph E(2), deleted "adopt, publish and file", and added "promulgate", and after "in accordance with the", deleted "the Uniform Licensing Act and".
The 2015 amendment,
effective June 19, 2015, made changes to the statutory powers of the board of optometry; in Subsection A, after "elect a", deleted "chairman" and added "chair", after "a vice", deleted "chairman" and added "chair", and after "serve until", deleted "his" and added "a"; in Subsection B, after "called by the", deleted "chairman" and added "chair"; added new Subsection D and redesignated the succeeding subsection accordingly; in Paragraph (2) of Subsection E, after "all rules", deleted "and regulations"; in Paragraph (7) of Subsection E, after "upon which", deleted "he" and added "the applicant"; in Paragraph (10) of Subsection E, after "for the use of", deleted "topical ocular pharmaceutical agents and oral", after "Section", deleted "61-2-10" and added "61-2-10.2", and after "certified to use", deleted "topical ocular pharmaceutical agents and oral"; and in Paragraph (11) of Subsection E, after "Section", deleted "61-2-10" and added "61-2-10.2".
The 2003 amendment,
effective July 1, 2003, deleted Paragraph D(12), concerning employment of agents or attorneys.
The 1995 amendment,
effective July 1, 1995, in Subsection B, substituted "at least annually" for "in January and July of each year" in the first sentence, deleted former provisions relating to the time for examination of candidates for licensure and notices of meetings, and made stylistic changes; and, in Paragraph D(10), inserted "and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978" in two places.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 21 to 24.