HOUSE BILL 36

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Dayan Hochman-Vigil

AN ACT

RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT TO EXPAND THE SCOPE OF PRACTICE AND PROVIDE THE BOARD OF OPTOMETRY WITH ADDITIONAL POWERS AND DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-2-2 NMSA 1978 (being Laws 1973, Chapter 353, Section 2, as amended) is amended to read:

     "61-2-2. DEFINITIONS.--As used in the Optometry Act:

          A. "practice of optometry" means:

                (1) the employment of any subjective or objective means or methods, including but not limited to the use of lenses, prisms, autorefractors or other automated testing devices, and includes the prescription or administration of drugs for the purpose of diagnosing the visual defects or abnormal conditions of the human eye and its adnexa;

                (2) the employing, adapting or prescribing of preventive or corrective measures, including but not limited to lenses, prisms, contact or corneal lenses or other optical appliances, ocular exercises, vision therapy, vision training and vision rehabilitation services, and includes the prescription or administration of all drugs rational for the correction, relief or referral of visual defects or abnormal conditions of the human eye and its adnexa; and

                (3) does not include the use of surgery or injections in the treatment of eye diseases except for the use of the following types of in-office [minor] surgical procedures:

                     (a) non-laser removal, destruction or drainage of superficial eyelid lesions and conjunctival cysts;

                     (b) removal of nonperforating foreign bodies from the cornea, conjunctiva and eyelid;

                     (c) non-laser corneal debridement, culture, scrape or anterior puncture, not including removal of pterygium, corneal biopsy or removal of corneal neoplasias;

                     (d) removal of eyelashes; [and]

                     (e) probing, dilation, irrigation or closure of the tear drainage structures of the eyelid; scalpel use is to be applied only for the purpose of use on the skin surrounding the eye;  

                     (f) laser application to the lens capsule in the treatment of capsular clouding or other defects;

                     (g) laser application to structures within the ocular anterior segment for the prevention or treatment of glaucoma;

                     (h) anterior chamber paracentesis in the emergent treatment of highly elevated intraocular pressure; and

                     (i) intracameral placement of sustained release drug-eluting implants;

          B. "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;

          C. "contact lens" means a lens to be worn on the anterior segment of the human eye;

          D. "prescription" means a written order by an optometrist or a physician for an individual patient for:

                (1) ophthalmic lenses;

                (2) contact lenses; or

                (3) a pharmaceutical agent that is regulated pursuant to the New Mexico Drug, Device and Cosmetic Act;

          E. "eyeglasses" means an exterior optical device using ophthalmic lenses for the correction or relief of disturbances in and anomalies of human vision; and

          F. "board" means the board of optometry."

     SECTION 2. Section 61-2-6 NMSA 1978 (being Laws 1973, Chapter 353, Section 5, as amended) is amended to read:

     "61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--

          A. The board shall annually elect a chair, a vice chair and a secretary-treasurer; each shall serve until a successor is elected and qualified.

          B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may be called by the chair and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.

          C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

          D. The board has the authority to determine what constitutes the practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act. The board may issue advisory opinions and declaratory rulings pursuant to that act and rules promulgated in accordance with the State Rules Act, but shall not expand the scope of practice of optometry beyond the provisions of the Optometry Act.

          E. The board shall:

                (1) administer and enforce the provisions of the Optometry Act;

                (2) promulgate in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Optometry Act;

                (3) adopt and use a seal;

                (4) administer oaths and take testimony on matters within the board's jurisdiction;

                (5) keep an accurate record of meetings, receipts and disbursements;

                (6) keep a record of examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within thirty days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;

                (7) certify as passing each applicant who obtains a grade of at least seventy-five percent on each subject upon which the applicant is examined; providing that an applicant failing may apply for re-examination at the next scheduled examination date;

                (8) keep a book of registration in which the name, address and license number of licensees shall be recorded, together with a record of license renewals, suspensions and revocations;

                (9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Optometry Act;

                (10) develop and administer:

                     (a) qualifications for certification for the use of pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10.2 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978; and

                     (b) credentialing requirements for the performance of procedures involving the use of a laser; and

                (11) provide for the suspension of an optometrist's license for sixty days upon a determination of use of pharmaceutical agents without prior certification in accordance with Section 61-2-10.2 NMSA 1978, after proper notice and an opportunity to be heard before the board."

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