0001| AN ACT
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0002| RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT TO
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0003| CHANGE LICENSE FEES AND OTHER PROVISIONS.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. Section 61-2-10.2 NMSA 1978 (being Laws 1995, Chapter 20, Section 5) is
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0007| amended to read:
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0008| "61-2-10.2. DESIGNATION OF ORAL PHARMACEUTICAL AGENTS--
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0009| CERTIFICATION FOR USE OF CERTAIN AGENTS.--
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0010| A. Subject to the provisions of the Optometry Act, optometrists qualified
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0011| and certified by the board may prescribe or administer the following classes of oral
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0012| pharmaceutical agents:
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0013| (1) anti-infective medications, not including antifungals;
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0014| (2) anti-glaucoma medications, not including osmotic medications;
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0015| (3) anti-allergy medications;
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0016| (4) anti-inflammatory medications, not including oral
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0017| corticosteroids and immunosuppression agents; and
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0018| (5) analgesic medications, including schedules III through V
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0019| controlled substances, as provided in the Controlled Substances Act.
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0020| B. The board shall issue certification for the use of oral pharmaceutical
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0021| agents as set forth in Subsection A of this section to optometrists currently licensed by the
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0022| board who are certified for the use of topical ocular pharmaceutical agents. To be
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0023| certified, an optometrist shall submit to the board proof of having satisfactorily completed
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0024| a course in pharmacology as applied to optometry, with particular emphasis on the
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0025| administration of oral pharmaceutical agents for the purpose of examination of the human
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0001| eye, and analysis of ocular functions and treatment of visual defects or abnormal
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0002| conditions of the human eye and its adnexa. The course shall constitute a minimum of
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0003| twenty hours of instruction in clinical pharmacology, including systemic pharmacology as
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0004| applied to optometry, and shall be taught by an accredited institution approved by the
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0005| board.
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0006| C. As of July 1, 1996, all applicants for licensure shall meet the
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0007| requirements for certification in the use of diagnostic, topical therapeutic and oral
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0008| pharmaceutical agents as set forth in the Optometry Act and shall successfully complete
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0009| the board's examination in diagnostic, topical and oral pharmaceutical agents prior to
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0010| licensure.
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0011| D. The certification authorized by this section shall be displayed in a
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0012| conspicuous place in the optometrist's principal office or place of business."
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0013| Section 2. Section 61-2-11 NMSA 1978 (being Laws 1973, Chapter 353, Section
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0014| 9, as amended) is amended to read:
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0015| "61-2-11. LICENSE FEES--LICENSURE UNDER PRIOR LAW.--
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0016| A. The board shall set fees for the following by regulation:
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0017| (1) application fee in an amount not to exceed five hundred dollars
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0018| ($500);
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0019| (2) examination fee in an amount not to exceed five hundred dollars
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0020| ($500);
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0021| (3) licensure fee in an amount not to exceed four hundred dollars
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0022| ($400);
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0023| (4) issuance fee for pharmaceutical certification in an amount not to
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0024| exceed one hundred dollars ($100);
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0025| (5) annual license renewal fee in an amount not to exceed three
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0001| hundred dollars ($300); and
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0002| (6) late renewal penalty fee in an amount not to exceed one hundred
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0003| dollars ($100).
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0004| B. Any person licensed as an optometrist under any prior laws of this state,
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0005| whose license is valid on April 3, 1973, shall be held to be licensed under the provisions of
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0006| the Optometry Act and shall be entitled to the annual renewal of his present license as
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0007| provided in that act.
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0008| C. Prior to engaging in the active practice of optometry in this state, each
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0009| licensee shall furnish the board evidence that he holds a registration number with the
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0010| taxation and revenue department and has completed, as a condition of licensure by
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0011| endorsement, such continuing education requirements as set by the regulations of the
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0012| board."
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0013| Section 3. Section 61-2-14 NMSA 1978 (being Laws 1973, Chapter 353, Section
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0014| 12, as amended) is amended to read:
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0015| "61-2-14. OFFENSES.--
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0016| A. Each of the following acts committed by any person constitutes a fourth
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0017| degree felony, punishable upon conviction as provided in the Criminal Code:
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0018| (1) practicing or attempting to practice optometry without a current
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0019| license issued by the board;
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0020| (2) using or attempting to use pharmaceutical agents without the
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0021| certification issued by the board, unless, however, the administration of pharmaceutical
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0022| agents is done under the direct supervision of a licensed optometrist certified to administer
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0023| the pharmaceutical agents in accordance with the provisions of the Optometry Act;
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0024| (3) permitting any person in one's employ, supervision or control to
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0025| practice optometry or use pharmaceutical agents unless that person is licensed and certified
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0001| in accordance with the provisions of the Optometry Act, or unless the administration of
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0002| pharmaceutical agents is done under the direct supervision of a licensed optometrist
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0003| certified to administer the pharmaceutical agents in accordance with the provisions of the
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0004| Optometry Act; and
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0005| (4) practicing optometry, including the use of pharmaceutical
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0006| agents, during any period of time in which one's license has been revoked or suspended as
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0007| provided by the Optometry Act.
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0008| B. Each of the following acts committed by any person constitutes a
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0009| misdemeanor, punishable upon conviction as provided in the Criminal Code:
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0010| (1) making a willfully false oath or affirmation where the oath or
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0011| affirmation is required by the Optometry Act;
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0012| (2) selling or using any designation, diploma or certificate tending
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0013| to imply that one is a practitioner of optometry, unless one holds a license as provided by
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0014| the Optometry Act;
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0015| (3) refusal, after a request, to provide a patient a copy of his
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0016| spectacle prescription, not including a contact lens prescription, providing the prescription
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0017| is not over one year old;
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0018| (4) duplicating or replacing an ophthalmic lens, not including
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0019| contact lenses, without a current prescription not more than two years old or without a
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0020| written authorization from the patient if the prescription is not available;
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0021| (5) except for licensed optometrists and as provided in Subsection
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0022| A of Section 61-2-15 NMSA 1978, using any trial lenses, trial frames, graduated test cards
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0023| or other appliances or instruments for the purpose of examining the eyes or rendering
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0024| assistance to anyone who desires to have an examination of the eyes; provided, however,
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0025| that it is not the intent of this paragraph to prevent any school nurse, schoolteacher or
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0001| employee in public service from ascertaining the possible need of vision services, provided
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0002| that such person, clinic or program does not attempt to diagnose or prescribe ophthalmic
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0003| lenses for the eyes or recommend any particular practitioner or system of practice;
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0004| (6) advertising by any means the fabricating, adapting, employing,
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0005| providing, sale or duplication of eyeglasses or any part thereof. This paragraph does not
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0006| preclude the use of a business name, trade name or trademark not relating to price or the
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0007| use of the address, telephone number, office hours and designation of the provider in or at
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0008| retail outlets, on business cards, eyeglass cleaners and cases or in news media or in public
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0009| directories, mailings and announcements of location openings or the use of the words
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0010| "doctors' prescriptions for eyeglasses filled" or "eyeglass repairs, replacements and
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0011| adjustments"; or
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0012| (7) selling of prescription eyeglasses or contact lenses,
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0013| frames or mountings for lenses in an establishment in which the majority of its
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0014| income is not derived from being engaged in that endeavor."
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0015|
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