reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 15 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.16.15.10 - PRESCRIPTION MONITORING PROGRAM (PMP) REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The intent of the New Mexico (NM) board of optometry in
				  requiring participation in balancing the safe use of controlled substances with
				  the need to impede harmful and illegal activities involving these
				  pharmaceuticals.
A. Any licensed NM
				optometrist who holds a federal drug enforcement administration registration
				and a New Mexico controlled substance registration shall register with the
				board of pharmacy to become a regular participant in PMP inquiry and
				reporting.
B. A licensed NM
				optometrist may authorize delegate(s) to access the PMP report consistent with
				board of pharmacy regulation 16.19.29 NMAC and document the receipt and review
				of a report in the patient's medical record.
C. Before a practitioner prescribes or
				dispenses for the first time, a controlled substance in Schedule II, III, or IV
				to a patient for a period greater than four days, or if there is a gap in
				prescribing the controlled substances for 30 days of more, the practitioner
				shall review a PMP report for the patient for preceding 12 months and document
				the review and receipt of the reports in the patient's medical
				record.
D. A PMP report shall be
				reviewed a minimum of once every three months during the continuous use of a
				controlled substance in Schedule II, III, or IV for each patient and document
				these reports in the patient's medical record.
E. A practitioner does not have to obtain and
				review a PMP report before prescribing, ordering, or dispensing a controlled
				substance in Schedule II, III, or IV:
(1) for
				a period of four days or less; or
(2) to a patient in a nursing facility;
				or
(3) to a patient in hospice
				care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 15 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.16.15.11 - PAIN MANAGEMENT CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies to all New Mexico optometrists who hold
				  a federal drug enforcement administration registration to prescribe controlled
				  substances. Pursuant to the Pain Relief Act in order to ensure that all such
				  health care practitioners safely prescribe for pain management and harm
				  reduction, the following rules shall apply.
A. This requirement is effective for the 2015
				renewal period beginning July 2, 2014. No later than July 1, 2015 all board
				licensees shall have completed at least one continuing education hour in a
				course that shall cover topics related to pain management, pharmacology and
				risks of controlled substances, state and federal regulations for the
				prescription of controlled substances, or awareness of the problems of abuse,
				addiction and diversion as stated in 16.16.13.9 NMAC.
B. The continuing education courses are
				subject to prior board approval and shall count toward the total continuing
				education requirements as set forth in 16.16.13.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 15 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.16.15.12 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the notice of procedures set forth in the
				  State Rules Act Chapter 14, Article 4, NMSA 1978, the board shall separately
				  notify the following persons of the Pain Relief Act and Part 15 of the New
				  Mexico Optometry board rule;
A. health
				care practitioners under its jurisdiction; and
B. a health care practitioner being
				investigated by the board in relation to the practitioner's pain management
				services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 16 of Chapter 16 applies to all optometrists licensed by
				  the Board and practicing in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 16 of Chapter 16 is NMSA 1978, Section
				  61-2-14.B.
				  (7) and Section
				  61-2-6.D.
				  (2) (1995 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 16 of Chapter 16 is to set forth the
				  requirements related to practice location, ownership, leasing arrangements,
				  purchase of practice, and so forth.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.8 - LOCATION OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				accordance with the provisions of Section
				61-2-14.B
				of the Optometry Act, an optometrist is prohibited from selling prescription
				eyeglasses or contact lenses, frames or mountings for lenses in an
				establishment in which the majority of its income is not derived from being
				engaged in that endeavor.
B. For
				purposes of this rule, an optometrist may engage in the sale of contact lenses
				or prescription eyeglasses from a space located adjacent to an establishment as
				set out in Subsection A provided the space is separated from the commercial
				establishment by solid, opaque partitions or walls from floor to
				ceiling.
C. The space referred to
				in this rule shall also have a separate entrance for patient access to the
				optometrist's practice from a public street, hall, lobby, corridor or shopping
				mall, or other public thoroughfare.
D. Repealed.
E. This rule supersedes all previous rules
				regarding the location of an optometric practice. Existing facilities operating
				on June 24, 1994, the effective date of this rule shall be exempted from the
				provisions of Subsection B of 16.16.16.8 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.10 - PURCHASE OF AN ESTABLISHED PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the purchase or assumption of another
				optometrist's practice, the identification of the other optometrist's name with
				the practice shall be limited to a maximum period of four years.
B. Upon the death or permanent disability of
				a New Mexico licensed optometrist, the surviving spouse or estate of the
				optometrist may contract optometric services or employ a New Mexico licensed
				optometrist for a period not to exceed thirty-six (36) months from the time of
				death or permanent disability.
C.
				The surviving spouse or estate of the optometrist must file, with the New
				Mexico Board of Examiners in Optometry, an affidavit stating that the practice
				will be operated within the provisions of the Optometry Act, the Board's Rules
				and Regulations, and Board policies. Violations will result in the suspension
				of the thirty-six month period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 16 - PRACTICE LOCATION; OWNERSHIP; PATIENT MEDICAL RECORDS RETENTION › Section 16.16.16.11 - PATIENT RECORDS MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Optometrists shall retain medical records they own for a period of at least
				five (5) years from the date of last treatment.
B. Thirty (30) days before the closing,
				selling, relocation or leaving of a practice an optometrist shall notify the
				board office and patients seen within the last five (5) years. Notices will be
				given pursuant to Subsection C of this section.
C. Notification shall be satisified using any
				of the following methods:
(1) publication of
				at least one notice in a local newspaper, twice a month for a period of three
				months; notice should indicate how to obtain patient records and contact
				information for the individual with access to the patient records;
(2) written or electronic mail; or
(3) individual correspondence to the
				patient's last known physical or electronic mailing address.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 17 - ADVERTISING › Section 16.16.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 17 of Chapter 16 applies to all optometrists licensed by
				  the Board and practicing in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 17 - ADVERTISING › Section 16.16.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 17 of Chapter 16 is NMSA 1978 Section
				  61-2-13;
				  Section
				  61-2-14;
				  and Section
				  61-2-6.D
				  and J. (1995 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 17 - ADVERTISING › Section 16.16.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 17 of Chapter 16 is to set forth the
				  requirements governing the advertising of optometric services, procedures, and
				  ophthalmic materials in the State of New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 17 - ADVERTISING › Section 16.16.17.8 - UNPROFESSIONAL CONDUCT IN ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with NMSA 1978, Section
				  61-2-13.D
				  and J (1995 Repl. Pamp.), the Board may refuse to issue, suspend or revoke any
				  license for advertising by means of knowingly false, misleading or deceptive
				  statements or advertising. Any such action constitutes unprofessional
				  conduct.
A. No optometrist shall use,
				participate in, or permit the use of his/her name in any form of public
				communication which contains a false, fraudulent, misleading, deceptive, or
				unfair statement or claim related to the optometrist's examinations or
				professional services, eye glasses, ophthalmic lenses or frames, contact
				lenses, specific procedures, or ophthalmic devices.
B. Any advertisement which states the price
				on ophthalmic materials including, but not limited to, eyeglasses, spectacles,
				lenses, frames or mountings, shall affirmatively disclose whether the price
				includes eye examination services. All disclosures must be in type no smaller
				than ten (10) point type.
C. A
				false, fraudulent, misleading, deceptive, or unfair statement or claim
				includes, but is not limited to, a statement or claim which:
(1) contains a misrepresentation of fact;
				or
(2) is likely to mislead or
				deceive because it fails to make full disclosure of relevant facts;
				or
(3) represents that professional
				services can or will be competently performed for a stated fee when this is not
				the case, or makes representations with respect to fees for professional
				services that do not disclose all variables affecting the fees that will, in
				fact, be charged; or
(4) contains
				other representations or implications that in reasonable probability will cause
				an ordinary prudent person to misunderstand or be deceived.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 17 - ADVERTISING › Section 16.16.17.9 - ADVERTISEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An optometrist
				may place advertisements in the yellow pages of the telephone directory. The
				advertisement must state the following information as provided in Section
				57-21-3
				of the Advertisement of Health Care Services Act:
(1) the optometrist's name;
(2) address and telephone number of the
				optometrist's practice location; and
(3) the designation of the profession in
				which the optometrist is licensed to practice: O.D., optometrist, doctor of
				optometry, or optometric physician, as provided in Subsection C of this
				rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of Part 18 of Chapter 16 applies to all New Mexico
				  licensed optometric physicians practicing in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 18 of Chapter 16 is the Optometry Act
				  NMSA 1978 Section
				  61-2-2.A
				  (3).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 22, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 18 of Chapter 16 is to convey which
				  in-office minor surgical procedures New Mexico optometric physicians are
				  authorized to perform.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the New Mexico board of optometry herein referred to
				as the board.
B.
"Optometric
				physician"
means an optometrist who administers pharmaceutical
				medications in the diagnosis, treatment and management of ocular diseases as
				provided in
				16.16.7.11
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 18 - IN-OFFICE MINOR SURGICAL PROCEDURES › Section 16.16.18.8 - MINOR SURGICAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A New Mexico optometric physician can use surgery or
				  injections to correct and relieve the following types of abnormalities of the
				  human eye and its adnexa. The following types of in-office minor surgical
				  procedures are allowed:
A. non-laser
				removal, destruction or drainage of superficial eyelid lesions and conjunctival
				cysts;
B. probing, dilation,
				irrigation or closure of the tear drainage structures or the eyelid; scalpel
				use is to be applied only for the purpose of use on the skin surrounding the
				eye;
C. removal of nonperforating
				foreign bodies from the cornea, conjunctiva and eyelid;
D. non-laser corneal debridement, culture,
				scrape or anterior puncture, not including removal of pterygium, corneal biopsy
				or removal of corneal neoplasias; and
E. removal of eyelashes.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 19 of Chapter 16 applies to all optometrists licensed by
				  the Board and practicing in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 19 of Chapter 16 is NMSA 1978, Section
				  61-2-2;
				  Section
				  61-2-4;
				  Section
				  61-2-14;
				  and
				  61-2-6.D.
				  (2) (1995 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 19 of Chapter 16 is to set forth
				  regulations on contact lens prescription release.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Replacement
				contact lens prescription" means a prescription prepared by a licensed
				optometrist containing the information specified in Section 11 of this rule and
				written expressly for the purpose of providing contact lenses that have already
				been properly fitted.
B.
				"Appropriate 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.9 - CONTACT LENS EXAMINATION AND FOLLOW-UP FITTING REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No optometrist
				will prescribe contact lenses for a patient unless he/she has personally
				examined and fitted the contact lenses to the eyes of the patient at the
				optometrist's place of practice.
B.
				A replacement contact lens prescription is deemed to be determined after a
				refraction, eye health examination, diagnostic contact lens fitting,
				instruction on care/maintenance procedures, and appropriate follow-up care
				(16.16.19.7.B NMAC) have been performed.
C. [RESERVED]
D. No optometrist may write a replacement
				contact lens prescription until the procedures in Subsections A and B of this
				rule have been performed (see 16.16.19.9 NMAC).
E. No optometrist may write a contact lens
				prescription for a patient whose eye health would be compromised through
				wearing contact lenses.
F. If, in
				the professional opinion of the optometrist, a patient is not adhering to an
				appropriate regimen of care and follow-up with regard to the use of contact
				lenses, the optometrist may terminate his/her care of that patient. The
				optometrist shall notify the patient in writing that the optometrist is
				terminating care and shall state his/her reason for doing so.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.10 - CONTACT LENS POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All contact lenses used in the
				determination of a contact lens prescription are considered to be diagnostic
				lenses, and the use of such lenses by anyone other than a licensed optometrist
				or physician, or person under the direct supervision of a licensed optometrist
				or physician, shall constitute the practice of optometry.
B. Any New Mexico licensed optometrist who
				dispenses contact lenses will observe the following provisions:
(1) maintain regular office hours and be
				physically accessible to the patient;
(2) be actively interacting with the
				patient's professional care designed to detect disease, prevent infection due
				to patient and/or product variability;
(3) provide eye examinations and/or contact
				lens related office visits; and
(4)
				require a valid replacement contact lens prescription signed by the prescribing
				doctor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.11 - REPLACEMENT CONTACT LENS PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensed optometrist shall ensure that
				each replacement contact lens prescription that he/she prescribes contains all
				the ordering and fabrication specifications necessary for the proper
				duplication of the patient's current prescription; and shall include the
				following:
(1) date of issue;
(2) name and address of the
				patient;
(3) name, professional
				designation, address, and signature of the prescribing optometrist;
(4) all parameters including, but not limited
				to, lens size and type, base curve, power, diameter, brand name, materials
				type, required to properly duplicate or replace the contact lens
				supply;
(5) a specific date of
				expiration, of not more than twenty-four months from the time the patient was
				first examined, unless, in the professional opinion of the optometrist, a
				shorter expiration date is in the best interest of the patient;
(6) any limitation on refills and
				notification of scheduled follow-up visits and recommended lens replacement
				interval; and
(7) an explicit
				statement that the prescription is a replacement contact lens
				prescription.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.12 - TERM OF PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
An optometrist may not issue a contact lens prescription that
				  expires before the second anniversary of the date the patient's prescription
				  parameters were determined, unless a shorter prescription period was clinically
				  indicated by the patient's ocular health or by potential harm to the patient's
				  ocular health.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.13 - SHORT-TERM PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an optometrist writes a contact lens prescription for a
				  period of less than two years, the optometrist shall complete the
				  following:
A. give the patient a
				verbal explanation, at the time of the action, of the reason for the action;
				and
B. maintain a written
				explanation of the reason in the patient's records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.14 - EXTENSION OF PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
An optometrist may extend a patient's contact lens
				  prescription expiration date without completing another eye examination if the
				  optometrist deems it clinically indicated, and the reason shall be noted in the
				  patient's records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.15 - RELEASE OF REPLACEMENT CONTACT LENS PRESCRIPTION; TIMING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An optometrist who performs an eye
				examination and fits a patient for contact lenses shall prepare and provide the
				patient or anyone who is designated to act on behalf of the patient, with a
				replacement contact lens prescription when the patient's contact lens fitting
				has been completed.
B. Optometrists
				shall display, in a prominent location in their office(s), a sign to inform
				their patients that they have a right to a copy of their replacement contact
				lens prescription.
C. The
				optometrist shall provide thepatient with a copy of the replacement contact
				lens prescription as long as the prescription is valid. The replacement copy
				will still show the original expiration date.
D. A licensed optometrist who releases a
				replacement contact lens prescription to a patient may provide the patient with
				a written statement that wearing improperly fitted contact lenses may cause
				harm to the patient's eyes and that the patient should have an eye examination
				if there are any changes in the patient's vision, including pain or vision
				loss.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.16 - LIMITATIONS ON, OR REFUSAL TO GIVE REPLACEMENT CONTACT LENS PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An optometrist
				may exclude categories of contact lenses from a replacement contact lens
				prescription if the exclusion is clinically indicated.
B. An optometrist may refuse to provide a
				replacement contact lens prescription to a patient if:
(1) the patient's ocular health presents a
				contraindication for contact lenses;
(2) the refusal is warranted due to potential
				harm to the patient's ocular health;
(3) the patient has a medical condition
				indicating that:
(a) the patient's ocular
				health would be damaged if the prescription were released to the patient;
				or
(b) further monitoring of the
				patient is needed;
(4)
				the request is made after the second anniversary of the date of the patient's
				last contact lens/eye examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.17 - COMPLIANCE REQUIRED; VIOLATION PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person or entity who is not a licensed
				optometrist or a licensed physician cannot sell or dispense replacement contact
				lenses unless registered with the New Mexico board of pharmacy. Pharmacies,
				hospitals and clinics licensed by the board of pharmacy are exempt from this
				rule.
B. Failure of an optometrist
				to comply with the provisions of this rule, 16.16.19 NMAC, shall be considered
				unprofessional and unethical conduct, and shall be dealt with in accordance
				with the appropriate provisions of Part 21 and Part 22 of 16.16.19
				NMAC.
C. Adapting, substituting, or
				changing the contact lens prescription, including specified material types,
				without prior authorization from the prescribing doctor, constitutes the
				practice of optometry.
D.
				Practicing optometry without a license is a fourth degree felony violation
				punishable upon conviction as provided in the Criminal Code.
E. The board of optometry may impose a civil
				fine or no more than one thousand ($1,000) on a licensed optometrist who fails
				to provide a requested replacement contact lens prescription; or who knowingly
				dispenses contact lenses without a valid replacement contact lens prescription;
				or who otherwise fails to comply with the provisions of this rule, 16.16.19
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.18 - SALE OR DISPENSING OF REPLACEMENT CONTACT LENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The sale of all replacement contact lenses is regulated by
				  the federal trade commission's
Contact Lens Rule
which became
				  effective in July 2004. Please see "a
guide for prescribers and
				  sellers"
of contact lenses at
http://www.ftc.gov/bcp/edu/pubs/business/health/bus62.shtm
.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.19 - LIABILITY FOR USE OF PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
When a patient's replacement contact lens prescription is
				  dispensed by a person other than that licensed optometrist or a person
				  associated directly or indirectly with the licensed optometrist, the licensed
				  optometrist is not liable for any injury to or condition of a patient caused
				  solely by the negligence of the dispenser. Furthermore, an optometrist or
				  therapeutic optometrist is not liable for a patient's subsequent use of a
				  contact lens prescription if the patient's condition, age, general health, and
				  susceptibility to an adverse reaction caused by or related to the use of
				  contact lenses or other factors result in the patient no longer being a proper
				  candidate for the contact lenses prescribed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 19 - CONTACT LENSES › Section 16.16.19.20 - REGISTRATION REQUIRED FOR NON-LICENSEES TO SELL CONTACT LENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who is
				not a licensed optometrist or a licensed physician shall not sell or dispense a
				contact lens to a resident of this state unless he/she is registered with the
				New Mexico board of pharmacy as a seller or dispenser of contact lenses;
				provided that pharmacies, clinics and hospitals licensed by the board of
				pharmacy shall be exempt from this requirement.
B. The board of pharmacy shall promulgate
				rules to establish the application procedures for obtaining registration and
				may include a requirement for payment of a fee by the applicant, but the amount
				of the fee shall not exceed the costs of implementing the registration
				requirement.
C. The board of
				pharmacy shall maintain a current list of all registered seller and dispensers
				of contact lenses.
D. A person,
				company, or entity that is not registered pursuant to this subsection and
				knowingly sells or dispenses contact lenses to a New Mexico resident is guilty
				of a misdemeanor and shall be sentenced pursuant to Section
				31-19-1
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 20 of Chapter is written to provide information about
				  the prescribing of ophthalmic lenses for eyeglasses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 20 of Chapter 16 is NMSA 1978,
				  Sections
				  61-2-1
				  to
				  61-2-18
				  (2003 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 20 of Chapter 16 is to set forth rules
				  related to the prescribing and dispensing of ophthalmic lenses and
				  eyeglasses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 disturbances in the anomalies of human vision.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.8 - OPHTHALMIC PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
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 date
				of the prescription;
(7) the
				expiration date of the prescription; and
(8) the name and address of the
				prescriber
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.9 - AUTHORITY OF PERSON WHO SELLS AND DISPENSES EYEGLASSES

Current through Register Vol. 35, No. 13, July 16, 2024
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 designation of type and placement of reading segments in multivision
				lenses;
D. the type and quality of
				frame or mounting;
E. the type of
				bridge and distance between lenses;
F. the type, length and angling of temples;
				and
G. the designation of pupillary
				distance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 20 - OPHTHALMIC LENSES › Section 16.16.20.10 - UNPROFESSIONAL CONDUCT RELATED TO OPHTHALMIC LENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Refusing to provide the patient with
				his/her eyeglass prescription if the prescription is under a year old;
				or
B. Duplicating or replacing
				eyeglasses when the prescription is more than two years old without written
				authorization from the patient.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, discount, or other
				unearned consideration, whether in the form of money or otherwise, as
				compensation or inducement for referring patients, clients, customers to any
				person, irrespective of any membership, proprietary interest, or co-ownership
				in or with any person to whom the patients, clients, or customers are
				referred.
C.
"Professional
				superiority"
means claiming, implying, guaranteeing, or representing
				that one has superior professional qualities, skills, abilities, credentials,
				training and professional service outcomes beyond those of similarly licensed
				optometrists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.8 - DISCIPLINARY PROCESS INITIATED

Current through Register Vol. 35, No. 13, July 16, 2024
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).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.10 - UNPROFESSIONAL CONDUCT RELATED TO PHARMACEUTICALS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  conviction, imprisonment, and fines pursuant to the provisions of Section
				  31-18-15
				  NMSA 1978 (see Subsections B and C of
				  16.16.11.12
				  NMAC).
A. Practicing optometry,
				including the use of pharmaceutical agents without a valid, current
				license.
B. Administering,
				dispensing and prescribing diagnostic, topical, or oral pharmaceutical agents
				without the proper certification by the board as set forth in Part 7 of 16.16
				NMAC.
C. Administering, dispensing,
				and prescribing controlled dangerous drugs without proper certification by the
				board and the required controlled substances registration with the State of New
				Mexico and proper DEA registration with the drug enforcement administration as
				set forth in Part 8 of 16.16 NMAC.
D. Administering, dispensing and prescribing
				dangerous drugs for purposes other than generally accepted treatment for the
				relief of ocular abnormalities.
E.
				Indiscriminately or excessively administering, dispensing, or prescribing
				controlled dangerous substances.
F.
				Administering, dispensing and prescribing controlled dangerous substances to
				immediate family members for purposes other than as applied in the treatment
				and management of ocular disease.
G. [RESERVED]
H. Administering, dispensing, and prescribing
				controlled dangerous substances in excess of the amount considered good
				optometric practice.
I.
				Administering, dispensing, and prescribing controlled dangerous substances
				without medical need in accordance with published standards.
J. Disbursing or prescribing any controlled
				dangerous substance for the optometrist's personal use for any other use than
				as applied in the treatment and management of ocular disease.
K. Delegating prescriptive signing authority
				for either prescriptive medications or controlled dangerous substances to
				another person.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.11 - DISCIPLINARY PROCEEDINGS FOR UNLICENSED ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 been practicing
				  optometry in New Mexico without a valid New Mexico license.
A. The board may impose a civil penalty in an
				amount not to exceed one thousand dollars ($1,000) against a person who engages
				in the practice of optometry without a valid New Mexico license.
B. In addition, the board may assess the
				person, company, firm, or entity engaging in the unlicensed practice of
				optometry the administrative costs, including investigative costs and the costs
				of conducting a hearing.
C. Reports
				of unlicensed practice of optometry may be reported for investigation to the
				board by phone, fax, mail, or e-mail.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 22 of Chapter 16 applies to all license applicants or
				  New Mexico licensed optometrists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 the licensure applicant
				or the licensee who is the subject of the complaint filed with the
				board.
D. "Hearing" means the
				formal process whereby the respondent is afforded the opportunity to be heard
				by the board or its designated hearing officer before the board takes action
				which might result in disciplinary action against the respondent's application
				for licensure or his or her license to practice optometry.
E. "Must" means required.
F. "Violation of practice" means a violation
				of the New Mexico Optometry Act or the rules and regulations duly adopted by
				the board.
G. "Notice of
				contemplated action" or "NCA" means the administrative process provided for by
				the Uniform Licensing Act whereby the respondent is notified of the board's
				intent to take action based upon the violations of practice charged in the
				subject complaint, and whereby the respondent is afforded the opportunity for a
				hearing before the board.
H.
				"Shall" means mandatory; a requirement.
I. "Should," means a suggestion or
				recommendation; not a requirement.
J. "License revocation" means to prohibit the
				conduct authorized by the license.
K. "License suspension" means to prohibit,
				for a stated period of time, the conduct authorized by the license.
L. "License restriction" means to restrict or
				condition the license as to the scope of practice, place of practice,
				supervision of practice, duration of the licensed status, or other condition as
				deemed appropriate by the board as a disciplinary measure in connection with a
				formal disciplinary action.
M.
				"Redacted" means the act or process of editing or revising the complaint so
				that the parties that are the subject of the complaint are unknown to the
				board.
N. "Pre-NCA agreement" means
				an agreement reached between the board and the respondent as an option to the
				formal NCA and hearing administrative hearing process.
O. "Mediation agreement" means an agreement
				reached through mediation between the board and the respondent as an option to
				the formal NCA and formal administrative hearing process.