New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.9 - ACTS OF UNPROFESSIONAL CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
The following exemplify the types of conduct or acts of
				  omission that shall subject the licensee or applicant to disciplinary action by
				  the board.
A. Any conduct whether an
				act or the omission of an act, which deceives or defrauds or tends to deceive
				or defraud the public.
B. Obtaining
				or attempting to obtain any fee by fraud, misrepresentation, deceit or any
				other deceptive or dishonest course of conduct.
C. Charging or attempting to charge any
				unusual, unreasonable, or exorbitant fee.
D. [RESERVED]
E. Splitting or dividing of fees with any
				person, as defined by this rule.
F.
				Advertising professional superiority, or advertising ophthalmic materials or
				services in violation of the rules of this board.
G. Breach of the confidentiality of
				information or knowledge about a patient obtained by the optometrist while
				acting in his or her professional capacity.
H. Seeing patients while under the influence
				of alcohol or controlled substances not prescribed for him or her by an
				individual authorized by law to prescribe controlled substances. For purposes
				of this regulation, the term "controlled substances" shall be defined as the
				term is defined by the New Mexico Controlled Substance Act.
I. Sexual misconduct with a patient,
				including but not limited to the making of unsolicited sexual advances to a
				patient.
J. Violation of any order
				or judgment of the board.
K.
				Impersonating another who is licensed to practice optometry, or permitting or
				allowing any person to use such license.
L. Employing or inducing an unlicensed person
				to perform any procedure that is considered the practice of optometry as
				defined in NMSA Sections
				61-2-1
				through
				61-2-18
				(1995 Repl. Pamp.).
M. Practicing
				beyond the scope of his/her optometry license as defined by state law and
				regulations.
N. Advertising in any
				manner that violates board regulations and state statutes on
				advertising.
O. Making false
				statements in any application for licensure or renewal of licensure.
P. Failing to report to the board the
				surrender of an optometric license or any formal disciplinary action, in
				another state or jurisdiction, in which there has been an adverse finding for
				acts or conduct which would constitute grounds for actions as defined in these
				rules.
Q. Failing to report to the
				board any criminal conviction of a felony.
R. Refusing to provide the patient with their
				eyeglass prescription if the prescription is under a year old.
S. Duplicating or replacing eyeglasses when
				the prescription is more than two years old without written authorization from
				the patient.
T. Failing to disclose
				and release patient information when requested by a patient or a health care
				provider upon a patient's authorization, or upon request from a health care
				provider when relating to the treatment of a patient, in accordance with the
				1996 Health Insurance Portability and Accountability Act (HIPAA).