reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-10 - Enforcement of board orders and contempt procedure.

In proceedings before a board or hearing officer under the Uniform Licensing Act, if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of a board contained in its decision rendered after hearing, the secretary of the board may apply to the district court of the county where the proceedings are being held for an order directing that person to take the requisite action. The court may issue such order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him as for contempt.
History:
1953 Comp., § 67-26-10, enacted by Laws 1957, ch. 247, § 10; 1981, ch. 349, § 9.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-10.1 - Prohibiting certain actions by boards against licensees or license applicants.

A board shall not take an action pursuant to the Uniform Licensing Act against a license holder or license applicant based solely on a licensee's or license applicant's:
A. provision of, authorization of, recommendation of, assistance in, referral for or other participation in a protected health care activity, as defined in the Reproductive and Gender-Affirming Health Care Protection Act [24-35-1 to 24-35-8 NMSA 1978], in accordance with the laws of New Mexico, including the medical standards of care, whether the protected health care activity is provided to a resident of this state or to a resident of another state; or
B. actual or alleged violation of another state's laws prohibiting the provision of, authorization of, recommendation of, assistance in, referral for or other participation in a protected health care activity, as defined in the Reproductive and Gender-Affirming Health Care Protection Act, if the protected health care activity provided would have been in accordance with the laws of New Mexico, including the medical standards of care.
History:
Laws 2023, ch. 167, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-12 - Record.

In all hearings conducted pursuant to the Uniform Licensing Act, a complete record shall be made of all evidence received during the course of the hearing. The record shall be preserved by any stenographic method in use in the district courts of this state or, in the discretion of the board, by digital recording technology. The board shall observe any standards pertaining to digital recordings established for the district courts of this state.
History:
1953 Comp., § 67-26-12, enacted by Laws 1957, ch. 247, § 12; 1978 Comp., § 61-1-12; 1981, ch. 349, § 11; 2023, ch. 190, § 13.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified language in the section; deleted "tape" and added "digital" preceding "recording", after "recording", added "technology", and deleted "tape" and added "digital" preceding "recordings".
Section provides for complete transcript.
McCaughtry v. N.M. Real Estate Comm'n
, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-14 - Service of decision.

Within fifteen days after the decision is signed and executed, the board shall serve upon the parties a copy of the written decision.
History:
1953 Comp., § 67-26-14, enacted by Laws 1957, ch. 247, § 14; 1978 Comp., § 61-1-14; 1981, ch. 349, § 13; 2023, ch. 190, § 15.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, after "decision is", deleted "rendered and", after "signed", added "and executed", and after "shall serve upon the", deleted "applicant or licensee" and added "parties".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-15 - Procedure where person fails to request or appear for hearing.

If a person who has requested a hearing does not appear and no continuance has been granted, the board or hearing officer may hear the evidence of such witnesses as may have appeared, and the board may proceed to consider the matter and dispose of it on the basis of the weight of the evidence before it in the manner required by Section 61-1-13 NMSA 1978. Where, because of accident, sickness or other extraordinary cause, a person fails to request a hearing or fails to appear for a hearing that the person has requested, the person may within a reasonable time apply to the board to reopen the proceeding, and the board upon finding such cause sufficient shall immediately fix a time and place for hearing and give the person notice as required by Sections 61-1-4 and 61-1-5 NMSA 1978. At the time and place fixed, a hearing shall be held in the same manner as would have been employed if the person had appeared in response to the original notice of hearing.
History:
1953 Comp., § 67-26-15, enacted by Laws 1957, ch. 247, § 15; 1978 Comp., § 61-1-15; 1981, ch. 349, § 14; 2023, ch. 190, § 16.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, after "on the basis of the", added "weight of the", and added "extraordinary" preceding "cause".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 60, 61.
53 C.J.S. Licenses §§ 43, 61.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-16 - Contents of decision.

The final decision and order of the board shall contain findings of fact made by the board, conclusions of law reached by the board, the order of the board based upon these findings of fact and conclusions of law and a statement informing the applicant or licensee of the applicant's or licensee's right to judicial review and the time within which such review shall be sought.
History:
1953 Comp., § 67-26-16, enacted by Laws 1957, ch. 247, § 16; 1978 Comp., § 61-1-16; 1981, ch. 349, § 15; 2023, ch. 190, § 17.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, added "final" preceding "decision", and after "decision", added "and order", deleted "his" and added "the applicant's or licensee's" preceding "right to judicial review", and after "such review", deleted "must" and added "shall".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-17 - Petition for review.

A party entitled to a hearing provided for in the Uniform Licensing Act, who is aggrieved by an adverse decision of a board issued after hearing, may obtain a review of the decision in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 67-26-17, enacted by Laws 1957, ch. 247, § 17; 1978 Comp., § 61-1-17; 1993, ch. 295, § 7; 1998, ch. 55, § 73; 1999, ch. 265, § 76; 2023, ch. 190, § 18.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, deleted "person" and added "party".
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
The 1993 amendment,
effective June 18, 1993, inserted "office of the attorney general and on the" in the second sentence and made stylistic changes in the second and fourth sentences.
Section applies only to licensing decisions.
— This section sets forth venue provisions governing the judicial review only of orders of the board which relate to the denial, suspension or revocation of licenses. It is inapplicable to judicial review of price agreement order of state board of barber examiners.
Tudesque v. N.M. State Bd. of Barber Exam'rs
, 1958-NMSC-128, 65 N.M. 42, 331 P.2d 1104.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 51.
Stay pending review of judgment or order revoking or suspending a professional, trade or occupational license, 166 A.L.R. 575.
53 C.J.S. Licenses §§ 43, 62.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-1-18 NMSA 1978, as enacted by Laws 1957, ch. 247, § 18, relating to records filed by the board and contents of the records, effective September 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-19 - Stay.

At any time before or during the review proceeding pursuant to Section 61-1-17 NMSA 1978, the aggrieved party may apply to the board or file a motion in accordance with the Rules of Civil Procedure for the District Courts in the reviewing court for an order staying the operation of the board decision pending the outcome of the review. The board or court may grant or deny the stay in its discretion. No order granting or denying a stay shall be reviewable.
History:
1953 Comp., § 67-26-19, enacted by Laws 1957, ch. 247, § 19; 1976, ch. 4, § 1; 1978 Comp., § 61-1-19; 1981, ch. 349, § 16; 1998, ch. 55, § 74; 2023, ch. 190, § 19.
ANNOTATIONS
Cross references.
— For appeal of final decisions by agencies to district court,
see
39-3-1.1 NMSA 1978.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 2023 amendment,
effective July 1, 2023, deleted "person" and added "party".
The 1998 amendment,
effective September 1, 1998, inserted "pursuant to Section 61-1-17 NMSA 1978" and deleted "such" following "No".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 84.
Validity and construction of state statutory provision forbidding court to stay, pending review, judgment or order revoking or suspending professional, trade or occupational license, 42 A.L.R.4th 516.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-1-20 NMSA 1978, as enacted by Laws 1957, ch. 247, § 20, relating to scope of review, effective September 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-21 - Power of board to reopen the case.

A. At any time after the hearing and prior to the filing of a petition for review, the party aggrieved may request the board to reopen the case to receive additional evidence or for other cause.
B. The board need not reconvene and may be polled about whether to grant or refuse a request to reopen the case. The board shall grant or refuse the request in writing, and that decision and the request shall be made a part of the record. The decision to grant or refuse a request to reopen the case shall be made, signed by the person designated by the board within fifteen days after the board receives the request and served upon the parties.
C. The granting or refusing of a request to reopen the case shall be within the board's discretion. The board may reopen the case on its own motion at any time before petition for review is filed; thereafter, it may do so only with the permission of the reviewing court. If the board reopens the case, it shall provide notice and a hearing to the applicant or licensee. The notice of the hearing shall be served upon the applicant or licensee within fifteen days after service of the decision to reopen the case. The hearing shall be held within forty-five days after service of the notice, and a decision shall be rendered, signed and served upon the applicant or licensee within thirty days after the hearing.
D. The board's decision to refuse a request to reopen the case shall not be reviewable except for an abuse of discretion.
History:
1953 Comp., § 67-26-21, enacted by Laws 1957, ch. 247, § 21; 1978 Comp., § 61-1-21; 1981, ch. 349, § 17; 2023, ch. 190, § 20.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, in Subsection A, deleted "person" and added "party"; and in Subsection B, added "within fifteen days after the board receives the request", and deleted "applicant or licensee within fifteen days after the board receives the request" and added "parties".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 51.
53 C.J.S. Licenses §§ 43, 61.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-1-22 and 61-1-23 NMSA 1978, as enacted by Laws 1957, ch. 247, §§ 22 and 23, relating to remand for hearing newly discovered evidence; procedure before the board; appeal to supreme court, effective September 1, 1998. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-24 - Power of board to seek injunctive relief.

Any board may appear in its own name in the courts of the state and may apply to courts having jurisdiction for injunctions to prevent violations of statutes administered by the board and of rules and regulations issued pursuant to those statutes, and such courts shall have power to grant such injunctions regardless of whether criminal prosecution has been or may be instituted as a result of such violations.
History:
1953 Comp., § 67-26-24, enacted by Laws 1957, ch. 247, § 24.
ANNOTATIONS
Law reviews.
— For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 85, 149.
53 C.J.S. Licenses § 85.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-25 - Declaratory judgment.

The validity of any rule adopted by a board may be determined upon petition for a declaratory judgment thereon addressed to the district court of Santa Fe county when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The court shall declare the rule invalid if it finds that the rule violates or conflicts with constitutional or statutory provisions or exceeds the statutory authority of the board.
History:
1953 Comp., § 67-26-25, enacted by Laws 1957, ch. 247, § 25.
ANNOTATIONS
Cross references.
— For declaratory judgments,
see
44-6-1 NMSA 1978 et seq.
Law reviews.
— For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 22A Am. Jur. 2d Declaratory Judgments §§ 73, 76.
53 C.J.S. Licenses § 37.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-25.1 - Preliminary injunction and hearing; summary suspension or probation.

A. When a board finds that evidence in its possession indicates that a licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice, the board may seek a preliminary injunction from the district court in the county in which the principal office of the licensee is located or, if the principal office is not in New Mexico, in the district court for Santa Fe county. If the injunction is granted, the board shall hold an expedited hearing for the suspension of the license or probation of the licensee. The board shall follow the hearing procedures of the Uniform Licensing Act, but times shall be shortened in accordance with the injunction or at the request of the licensee.
B. A board may summarily suspend a license issued by the board or place a licensee on probation without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided pursuant to the Uniform Licensing Act, if the board finds that evidence in its possession indicates that the licensee:
(1) has been adjudged mentally incompetent by a final order or adjudication by a court of competent jurisdiction; or
(2) has pled guilty to or been found guilty of any offense directly related to the practice of the respective license.
C. A licensee is not required to comply with a summary action until service has been made or the licensee has actual knowledge of the order, whichever occurs first. The licensee may appeal the summary suspension as a final agency action as provided in Section 39-3-1.1 NMSA 1978.
D. When a board takes action to summarily suspend a license or place a licensee on probation pursuant to this section, it shall serve upon the licensee a written notice containing a statement:
(1) that the board has sufficient evidence to justify the board in issuing the summary suspension or probation;
(2) indicating the general nature of the evidence and allegations, including specific laws or rules that are alleged to have been violated;
(3) that unless the licensee within thirty days after service of the notice deposits in the mail a certified return receipt requested letter addressed to the board and containing a request for a hearing, the summary suspension or probation shall be final; and
(4) that the licensee is entitled to a hearing by the board pursuant to the Uniform Licensing Act within fifteen days from the date a request for hearing is received by the board from the licensee.
History:
1978 Comp., § 61-1-25.1, enacted by Laws 2023, ch. 190, § 21.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 190, § 54 made Laws 2023, ch. 190, § 21 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 61-1-26 NMSA 1978, as enacted by Laws 1957, ch. 247, § 26, providing a uniform method of judicial review of board actions of the kind, effective September 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-27 - Repealed.

History:
1953 Comp., § 67-26-27, enacted by Laws 1957, ch. 247, § 27; 1981, ch. 349, § 18; 1978 Comp., § 61-1-27, repealed by Laws 2022, ch. 39, § 106.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 39, § 106 repealed 61-1-27 NMSA 1978, as enacted by Laws 1957, ch. 247, § 27, relating to amending and repealing, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-28 - Purpose of act; liberal interpretation.

The legislature expressly declares that its purpose in enacting the Uniform Licensing Act is to promote uniformity with respect to the conduct of board hearings and judicial review and that the Uniform Licensing Act is to be liberally construed to carry out its purpose.
History:
1953 Comp., § 67-26-28, enacted by Laws 1957, ch. 247, § 28.
ANNOTATIONS
Severability.
— Laws 1957, ch. 247, § 29 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-29 - Adoption of rules; notice and hearing.

Rulemaking procedures of a board shall be as provided in the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
1953 Comp., § 67-26-29, enacted by Laws 1971, ch. 54, § 3; 1981, ch. 349, § 19; 2022, ch. 39, § 5.
ANNOTATIONS
Cross references.
— For legal newspaper,
see
14-11-2 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, eliminated the rulemaking requirements in the Uniform Licensing Act and required all boards subject to the Uniform Licensing Act to be subject to the State Rules Act for all rulemaking, removed the requirement for publication of the notice of rulemaking, and eliminated the "thirty day after filing" effective date for final rules; in the section heading, deleted "regulations" and added "rules"; added "Rulemaking" preceding, "procedures" and added "shall be as provided in the State Rules Act", and deleted the remainder of former Subsection A; and deleted former Subsection B through E.
Notice procedure of pharmacy board does not violate due process.
Montoya v. O'Toole
, 1980-NMSC-045, 94 N.M. 303, 610 P.2d 190.
Board must disclose reasoning behind regulation.
— In propounding regulations the board of pharmacy need not make formal findings. The only requirements which it must meet are that the public and the reviewing courts are informed as to the reasoning behind the regulation. The comments of one board member suffice in this regard.
Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy
, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.
Subsection C is applicable to repeal of regulations
by an administrative agency.
Rivas v. Board of Cosmetologists
, 1984-NMSC-076, 101 N.M. 592, 686 P.2d 934.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 46, 125.
53 C.J.S. Licenses § 37.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-30 - Repealed.

History:
1953 Comp., § 67-26-30, enacted by Laws 1971, ch. 54, § 4; 1981, ch. 349, § 20; 1978 Comp., § 61-1-30, repealed by Laws 2022, ch. 39, § 106.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 39, § 106 repealed 61-1-30 NMSA 1978, as enacted by Laws 1971, ch. 54, § 4, relating to emergency regulations, appeal, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-31 - Validity of rule; judicial review.

A. A person who is or may be affected by a rule promulgated by a board may appeal to the court of appeals for relief. All appeals shall be upon the record made at the hearing by the board and shall be taken to the court of appeals within thirty days after filing of the rule pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. An appeal to the court of appeals under this section is perfected by the timely filing of a notice of appeal with the court of appeals, with a copy attached of the rule from which the appeal is taken. The appellant shall certify in the appellant's notice of appeal that arrangements have been made with the board for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support the appellant's appeal to the court, at the expense of the appellant, including three copies that the appellant shall furnish to the board.
C. Upon appeal, the court of appeals shall set aside the rule only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) contrary to law; or
(3) against the clear weight of substantial evidence of the record.
History:
1953 Comp., § 67-26-31, enacted by Laws 1971, ch. 54, § 5; 1981, ch. 349, § 21; 2022, ch. 39, § 6.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified the procedure for appeal by a person affected by a final rule promulgated by a board; in the section heading, after "validity of", deleted "regulation" and added "rule"; and replaced "regulation" with "rule" throughout the section.
Interpretations overturned only if clearly wrong.
— Reviewing courts overturn the administrative interpretation of a statute by appropriate agencies only if they are clearly incorrect. Since detailmen handle controlled drugs and are part of the interstate drug shipment operation, even though they do not ship drugs themselves, the interpretation by the board of pharmacy of 54-6-41, 1953 Comp. (now Section 26-1-16 NMSA 1978) to allow licensing of detailmen is not clearly erroneous and will not be overturned by a reviewing court.
Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy
, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits § 51.
Right to attack validity of statute, ordinance or regulation relating to occupational or professional license as affected by applying for, or securing, license, 65 A.L.R.2d 660.
53 C.J.S. Licenses § 37.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-31.2 - Temporary or provisional license; evidence of insurance.

A board may issue a temporary or other provisional license, including an expedited license, to a person licensed in another licensing jurisdiction, which may be limited as to time, practice or other condition of a regular license. If a board requires licensees to carry professional or occupational liability or other insurance, the board shall require the applicant for a temporary or provisional license to show evidence of having required insurance that will cover the person in New Mexico during the term of the temporary or provisional license. Each board shall provide information on the board's website that describes the insurance requirements for practice in New Mexico, if applicable.
History:
Laws 2022, ch. 39, § 8; 2023, ch. 190, § 23.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, deleted "license is" and added "may be" preceding "limited as to time", and after "practice or other", deleted "requirement" and added "condition".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-32 - Petition for adoption, amendment or repeal of rules.

An interested person may request in writing that a board subject to the Uniform Licensing Act adopt, amend or repeal a rule. Within one hundred twenty days after receiving the written request, the board shall either initiate proceedings in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] or issue a concise written statement of its reason for denial of the request. The denial of such a request is not subject to judicial review.
History:
1978 Comp., § 61-1-32, enacted by Laws 1981, ch. 349, § 22; 2022, ch. 39, § 9.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified a provision that allows members of the public to make a written request to a board to adopt, amend, or repeal a rule; in the section heading, deleted "regulations" and added "rules"; after "may request in writing that a board", added "subject to the Uniform Licensing Act", and after "proceedings in accordance with", deleted "Section 61-1-29 NMSA 1978 to adopt the regulation" and added "the State Rules Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-33 - Declaratory rulings.

A. Any licensee of a board whose rights may be affected by the application of any statute enforced or administered by that board or by any decision, order or regulation of that board, may request in writing a declaratory ruling from the board concerning the applicability of the statute, decision, order or regulation to a particular set of facts. The board shall respond in writing to such a written request within one hundred twenty days.
B. The board may also issue declaratory rulings on its own motion.
C. The effect of a declaratory ruling shall be limited to the board and to the licensee, if any, who requested the declaratory ruling.
History:
1978 Comp., § 61-1-33, enacted by Laws 1981, ch. 349, § 23.
ANNOTATIONS
Severability.
— Laws 1981, ch. 349, § 25 provided for the severability of the Uniform Licensing Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-35 - Occupational or professional licenses and certification; qualification.

A. It is the policy of this state that a person is eligible for occupational or professional licensure or certification for which that person is qualified, regardless of the person's citizenship or immigration status.
B. No administrative rule or agency procedure shall be adopted or enforced that conflicts with the policy stated in Subsection A of this section.
C. This section serves as the affirmation of eligibility in this state pursuant to 8 U.S.C. Section 1621(d) for persons not lawfully present in the United States to be licensed or certified.
History:
Laws 2020, ch. 53 § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.

A. A board shall not exclude from licensure a person who is otherwise qualified on the sole basis that the person has been previously arrested for or convicted of a crime, unless the person has a disqualifying criminal conviction.
B. By December 31, 2021, each board shall promulgate and post on the board's website rules relating to licensing requirements to list the specific criminal convictions that could disqualify an applicant from receiving a license on the basis of a previous felony conviction. Rules relating to licensing requirements promulgated by a board shall not use the terms "moral turpitude" or "good character". A board shall only list potentially disqualifying criminal convictions.
C. In an administrative hearing or agency appeal, a board shall carry the burden of proof on the question of whether the exclusion from occupational or professional licensure is based upon a potentially disqualifying criminal conviction.
D. No later than October 31 of each year, while ensuring the confidentiality of individual applicants, a board shall make available to the public an annual report for the prior fiscal year containing the following information:
(1) the number of applicants for licensure and, of that number, the number granted a license;
(2) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who received notice of potential disqualification;
(3) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who provided a written justification with evidence of mitigation or rehabilitation; and
(4) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who were granted a license, denied a license for any reason or denied a license because of the conviction.
E. As used in this section, "disqualifying criminal conviction" means a conviction for a crime that is job-related for the position in question and consistent with business necessity.
History:
Laws 2021 (1st S.S.), ch. 3, § 8; 2023, ch. 190, § 25.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, in Subsections B and C, added "potentially" preceding "disqualifying".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-37 - Residency in New Mexico not a requirement for licensure.

A person who otherwise meets the requirements for a professional or occupational license shall not be denied licensure or license renewal because the person does not live in New Mexico.
History:
Laws 2022, ch. 39, § 2; 2023, ch. 190, § 26.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, after "denied licensure or", deleted "relicensure" and added "license renewal".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-1 - Short title.

Chapter 61, Article 2 NMSA 1978 may be cited as the "Optometry Act".
History:
1953 Comp., § 67-1-1, enacted by Laws 1973, ch. 353, § 1; 1985, ch. 241, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 8.
Optometry as within statute relating to practice of medicine, 22 A.L.R. 1173.
Constitutionality of statute prescribing conditions of practicing medicine as affected by discrimination against or in favor of optometrists, 37 A.L.R. 682, 42 A.L.R. 1342, 54 A.L.R. 600.
Constitutionality of statute or ordinance prohibiting or regulating advertising by physician, surgeon or other person professing healing arts, 54 A.L.R. 400.
Constitutionality of statutes and validity of regulations relating to optometry, 98 A.L.R. 905, 22 A.L.R.2d 939.
Corporation or individual not himself licensed, right of, to practice optometry through licensed employee, 102 A.L.R. 343, 128 A.L.R. 585.
Prescription, one who fills, under reciprocity arrangement with optometrist, as subject to charge of practice of optometry without license, 121 A.L.R. 1455.
Liability of osteopath for medical malpractice, 73 A.L.R.4th 24.
Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.
What constitutes practice of "optometry", 82 A.L.R.4th 816.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 6 to 8.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-3 - Criminal offender's character evaluation.

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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 19.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-4 - License required.

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 replace an ophthalmic lens.
History:
1953 Comp., § 67-1-3, enacted by Laws 1973, ch. 353, § 3; 2003, ch. 274, § 2.
ANNOTATIONS
Cross references.
— For incorporation of optometrists under Professional Corporation Act,
see
53-6-1 NMSA 1978 et seq.
The 2003 amendment,
effective June 20, 2003, rewrote the introductory paragraph; deleted former Subsection C which read: "prescribe eyeglasses or give a prescription to a patient; or"; redesignated former Subsection D as present Subsection C; and deleted "not including contact lenses without a current prescription or without a written authorization from the patient if the prescription is not available" at the end of present Subsection C.
Retail ophthalmic dispenser may not legally fit contact or corneal lenses
either independently or under the supervision of a New Mexico licensed practitioner of optometry or medicine. 1958 Op. Att'y Gen. No. 58-176.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 26, 37, 38, 132.
Constitutionality of statutes and validity of regulations relating to optometry, 98 A.L.R. 905, 22 A.L.R.2d 939.
Right of corporation or individual, not himself licensed, to practice optometry through licensed employee, 102 A.L.R. 343, 128 A.L.R. 585.
Validity of governmental regulation of optometry, 22 A.L.R.2d 939.
What constitutes practice of "optometry", 82 A.L.R.4th 816.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 12, 14, 17, 26, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-7 - Disposition of funds; optometry fund created; method of 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 optometry fund shall be made on vouchers issued and signed by the secretary-treasurer of the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.
D. All amounts in the optometry fund shall be subject to the order of the board and shall be used only for the purpose of meeting necessary expenses incurred in:
(1) the performance of the provisions of the Optometry Act and the duties and powers imposed thereby; and
(2) the promotion of optometric education and standards in this state within the budgetary limits.
E. All funds which may have accumulated to the credit of the board under any previous law shall be transferred to the optometry fund and shall continue to be available for use by the optometry board in accordance with the provisions of the Optometry Act. All money unused at the end of the fiscal year shall not revert, but shall remain in the optometry fund for use in accordance with the provisions of the Optometry Act.
F. The secretary-treasurer and any employee 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 accordance with the provisions of the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978], conditioned on the faithful performance of the duties of the office or position and on an accounting of all funds coming into his hands.
G. The secretary-treasurer shall make, at the end of each fiscal year, an itemized report to the governor of all receipts and disbursements of the board for the prior fiscal year, together with a report of the records and information required by the Optometry Act. A copy of the annual report to the governor shall be presented to the board at its first meeting in July of each year.
History:
1953 Comp., § 67-1-6, enacted by Laws 1973, ch. 353, § 6.
ANNOTATIONS
Withdrawals from fund.
— The regulation and licensing department may not withdraw money from the optometry fund without approval from the board of optometry. 1988 Op. Att'y Gen. No. 88-63.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-8 - Qualifications for licensure as an optometrist.

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 by the board. In the event the applicant applies for licensure by endorsement, the applicant shall have been awarded a doctor of optometry degree from a school or college of optometry, approved and accredited by the board, which had a minimum course of study of four thousand clock hours of instruction leading to that degree.
History:
1953 Comp., § 67-1-7, enacted by Laws 1973, ch. 353, § 7; 2021, ch. 70, § 7; 2022, ch. 39, § 12.
ANNOTATIONS
Cross references.
— For the age of majority,
see
28-6-1 NMSA 1978.
For the Parental Responsibility Act,
see
4-5A-1 NMSA 1978 et seq.
The 2022 amendment,
effective May 18, 2022, revised the qualifications for licensure as an optometrist; deleted former Subsections B and C, which required an applicant for licensure as an optometrist to be of good moral character and to be a high school graduate or its equivalent; and redesignated former Subsection D as Subsection B.
The 2021 amendment,
effective June 18, 2021, removed proof of naturalization or United States citizenship as a requirement for licensure as an optometrist; and deleted former Subsection D and redesignated the succeeding subsection accordingly.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 51 to 62.
Constitutionality of statutes and validity of regulations relating to optometry, 98 A.L.R. 905, 22 A.L.R.2d 939.
Validity of governmental regulation of optometry, 22 A.L.R.2d 939.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 19.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-9.1 - License issued.

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 pursuant to that act is entitled to a license that carries with it the title "doctor of optometry".
History:
Laws 1995, ch. 20, § 1.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-10 - Repealed.

History:
1953 Comp., § 67-1-8.1, enacted by Laws 1977, ch. 30, § 3; 1985, ch. 241, § 4; 1995, ch. 20, § 4; repealed by Laws 2015, ch. 131, § 7.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 131, § 7 repealed 61-2-10 NMSA 1978, as enacted by Laws 1977, ch. 30, § 3, relating to certification for use of topical ocular pharmaceutical agents, display, effective June 19, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-10.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 20, § 10 repealed 61-2-10.1 NMSA 1978, as enacted by Laws 1986, ch. 80, § 1, relating to treatment of glaucoma or iritis, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-10.3 - Prescription for pharmaceutical agent or ophthalmic lenses; required elements; authority of a person who sells and dispenses eyeglasses.

A. A prescription written for a pharmaceutical agent shall include an order given individually for the person for whom prescribed, either directly from the prescriber to a pharmacist or indirectly by means of a written or electronic order signed by the prescriber, that bears the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name and quantity of the agent prescribed and directions for its use and the date of issue.
B. A prescription written for ophthalmic lenses shall include:
(1) the dioptric power of spheres, cylinders and prisms, the axes of cylinders, the position of the prism base and, if so desired by the prescriber, the light transmission properties and lens curve values;
(2) the designation of pupillary distance; and
(3) the name of the patient, the date of the prescription, the expiration date of the prescription and the name and address of the prescriber.
C. A person who sells and dispenses eyeglasses upon the written prescription of a physician, surgeon or optometrist may determine:
(1) the type, form, size and shape of ophthalmic lenses;
(2) the placement of optical centers for distance-seeing and near-work;
(3) the designation of type and placement of reading segments in multivision lenses;
(4) the type and quality of frame or mounting, the type of bridge and the distance between lenses and the type, length and angling of temples; and
(5) the designation of pupillary distance.
History:
Laws 2003, ch. 274, § 8; 2015, ch. 131, § 4.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, provided procedures for certain prescriptions prescribed by optometrists; in the catchline, after "Prescription for", deleted "topical ocular pharmaceutical agent, oral"; and in Subsection A, after "prescription written for", deleted "topical ocular pharmaceutical agent or for an oral", after "means of a written", added "or electronic", and after "prescriber", deleted "his" and added "the prescriber's".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-10.4 - Contact lens prescription; required elements; restrictions.

A. A contact lens prescription shall:
(1) explicitly state that it is for contact lenses;
(2) specify the lens type;
(3) include all specifications for the ordering and fabrication of the lenses;
(4) include the date of issue, the name and address of the patient and the name and address of the prescriber; and
(5) indicate a specific date of expiration, which shall be twenty-four months from the date of the prescription, unless, in the professional opinion of the prescriber, a longer or shorter expiration date is in the best interests of the patient.
B. A contact lens shall be fitted to a patient at the prescriber's place of practice.
C. A prescriber may extend a patient's prescription without completing another eye examination of the patient.
D. A prescriber shall not write a contact lens prescription until he has determined all the requirements of a satisfactory fit.
E. A contact lens prescription may include a statement of caution or a disclaimer, if the statement or disclaimer is supported by appropriate findings and documented patient records.
F. The words "OK for contact or corneal lenses", "fit with contact or corneal lenses", "contact or corneal lenses may be worn" or similar wording do not constitute a contact lens prescription.
G. If, in the professional opinion of the prescriber, a patient is not adhering to an appropriate regimen of care and follow-up with regard to the use of contact lenses, the prescriber may terminate his care of that patient. The prescriber shall notify the patient in writing that the prescriber is terminating care and shall state his reasons for doing so.
History:
Laws 2003, ch. 274, § 9.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 274 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.