0001| . HOUSE BILL 374
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| TERRY T. MARQUARDT
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT TO
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0013| CHANGE LICENSE FEES AND OTHER PROVISIONS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 61-2-10.2 NMSA 1978 (being Laws 1995,
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0017| Chapter 20, Section 5) is amended to read:
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0018| "61-2-10.2. DESIGNATION OF ORAL PHARMACEUTICAL AGENTS--
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0019| CERTIFICATION FOR USE OF CERTAIN AGENTS.--
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0020| A. Subject to the provisions of the Optometry Act,
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0021| optometrists qualified and certified by the board may
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0022| prescribe or administer the following classes of oral
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0023| pharmaceutical agents:
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0024| (1) anti-infective medications, not including
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0025| antifungals;
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0001| (2) anti-glaucoma medications, not including
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0002| osmotic medications;
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0003| (3) anti-allergy medications;
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0004| (4) anti-inflammatory medications, not
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0005| including oral corticosteroids and immunosuppression agents; and
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0006| (5) analgesic medications, including schedules
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0007| III through V controlled substances, as provided in the
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0008| Controlled Substances Act.
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0009| B. The board shall issue certification for the use
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0010| of oral pharmaceutical agents as set forth in Subsection A of
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0011| this section to optometrists currently licensed by the board
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0012| who are certified for the use of topical ocular pharmaceutical
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0013| agents. To be certified, an optometrist shall submit to the
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0014| board proof of having satisfactorily completed a course in
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0015| pharmacology as applied to optometry, with particular emphasis
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0016| on the administration of oral pharmaceutical agents for the
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0017| purpose of examination of the human eye, and analysis of ocular
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0018| functions and treatment of visual defects or abnormal conditions
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0019| of the human eye and its adnexa. The course shall constitute a
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0020| minimum of twenty hours of instruction in clinical pharmacology,
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0021| including systemic pharmacology as applied to optometry, and
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0022| shall be taught by an accredited institution approved by the
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0023| board.
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0024| C. As of July 1, 1996, all applicants for licensure
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0025| shall meet the requirements for certification in the use of
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0001| diagnostic, topical therapeutic and oral pharmaceutical agents
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0002| as set forth in the Optometry Act and shall successfully
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0003| complete the board's examination in diagnostic, topical and oral
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0004| pharmaceutical agents prior to licensure.
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0005| [C.] D. The certification authorized by this
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0006| section shall be displayed in a conspicuous place in the
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0007| optometrist's principal office or place of business."
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0008| Section 2. Section 61-2-11 NMSA 1978 (being Laws 1973,
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0009| Chapter 353, Section 9, as amended) is amended to read:
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0010| "61-2-11. LICENSE FEES--LICENSURE UNDER PRIOR LAW.--
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0011| A. [Applicants for licensure as an optometrist shall
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pay the following fees:
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(1) for licensure without written examination,
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a fee set by the board in an amount not to exceed one hundred
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fifty dollars ($150);
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(2) for licensure by examination, a fee set by
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the board in an amount not to exceed one hundred dollars ($100);
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(3) for the issuance of a certificate of
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license, a fee set by the board in an amount not to exceed
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twenty-five dollars ($25.00);
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(4) for the annual renewal of license, a fee
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set by the board in an amount not to exceed one hundred dollars
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($100); and
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(5) for late renewal after September 1 of any
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year, a late charge set by the board in an amount not to exceed
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twenty-five dollars ($25.00), which late fee is in addition to
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any other fees.] The board shall set fees for the following by
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0003| regulation:
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0004| (1) application fee in an amount not to exceed
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0005| five hundred dollars ($500);
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0006| (2) examination fee in an amount not to exceed
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0007| five hundred dollars ($500);
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0008| (3) licensure fee in an amount not to exceed
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0009| four hundred dollars ($400);
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0010| (4) issuance fee for pharmaceutical
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0011| certification in an amount not to exceed one hundred dollars
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0012| ($100);
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0013| (5) annual license renewal fee in an amount not
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0014| to exceed three hundred dollars ($300); and
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0015| (6) late renewal penalty fee in an amount not to
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0016| exceed one hundred dollars ($100).
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0017| B. Any person licensed as an optometrist under any
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0018| prior laws of this state, whose license is valid on [the
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effective date of the Optometry Act] April 3, 1973, shall be
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0020| held to be licensed under the provisions of the Optometry Act
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0021| and shall be entitled to the annual renewal of his present
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0022| license as provided in that act.
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0023| C. Prior to engaging in the active practice of
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0024| optometry in this state, each licensee shall furnish the board
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0025| evidence that he holds a registration number with the taxation
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0001| and revenue department and has completed, as a condition of
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0002| licensure by endorsement, such continuing education requirements
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0003| as set by the regulations of the board."
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0004| Section 3. Section 61-2-14 NMSA 1978 (being Laws 1973,
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0005| Chapter 353, Section 12, as amended) is amended to read:
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0006| "61-2-14. OFFENSES.--
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0007| A. Each of the following acts committed by any
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0008| person constitutes a fourth degree felony, punishable upon
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0009| conviction as provided in the Criminal Code:
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0010| (1) practicing or attempting to practice
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0011| optometry without a current license issued by the board;
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0012| (2) using or attempting to use pharmaceutical
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0013| agents without the certification issued by the board, unless,
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0014| however, the administration of pharmaceutical agents is done
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0015| under the direct supervision of a licensed optometrist certified
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0016| to administer the pharmaceutical agents in accordance with the
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0017| provisions of the Optometry Act;
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0018| (3) permitting any person in one's employ,
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0019| supervision or control to practice optometry or use
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0020| pharmaceutical agents unless that person is [licensed or]
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0021| licensed and certified in accordance with the provisions of the
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0022| Optometry Act, or unless the administration of pharmaceutical
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0023| agents is done under the direct supervision of a licensed
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0024| optometrist certified to administer the pharmaceutical agents in
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0025| accordance with the provisions of the Optometry Act; and
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0001| (4) practicing optometry, including the use of
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0002| pharmaceutical agents, during any period of time in which one's
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0003| license has been revoked or suspended as provided by the
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0004| Optometry Act.
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0005| B. Each of the following acts committed by any
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0006| person constitutes a misdemeanor, punishable upon conviction as
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0007| provided in the Criminal Code:
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0008| (1) making a willfully false oath or
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0009| affirmation where the oath or affirmation is required by the
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0010| Optometry Act;
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0011| (2) selling or using any designation, diploma
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0012| or certificate tending to imply that one is a practitioner of
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0013| optometry, unless one holds a license as provided by the
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0014| Optometry Act;
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0015| (3) refusal, after a request, to provide a
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0016| patient a copy of his spectacle prescription, not including a
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0017| contact lens prescription, providing the prescription is not
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0018| over one year old;
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0019| (4) duplicating or replacing an ophthalmic
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0020| lens, not including contact lenses, without a current
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0021| prescription not more than two years old or without a written
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0022| authorization from the patient if the prescription is not
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0023| available;
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0024| (5) except for licensed optometrists and as
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0025| provided in Subsection A of Section 61-2-15 NMSA 1978, using any
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0001| trial lenses, trial frames, graduated test cards or other
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0002| appliances or instruments for the purpose of examining the eyes
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0003| or rendering assistance to anyone who desires to have an
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0004| examination of the eyes; provided, however, that it is not the
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0005| intent of this paragraph to prevent any school nurse,
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0006| schoolteacher or employee in public service from ascertaining
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0007| the possible need of vision services, provided that such person,
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0008| clinic or program does not attempt to diagnose or prescribe
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0009| ophthalmic lenses for the eyes or recommend any particular
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0010| practitioner or system of practice;
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0011| (6) advertising by any means the fabricating,
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0012| adapting, employing, providing, sale or duplication of
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0013| eyeglasses or any part thereof. This paragraph does not
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0014| preclude the use of a business name, trade name or trademark not
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0015| relating to price or the use of the address, telephone number,
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0016| office hours and designation of the provider in or at retail
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0017| outlets, on business cards, eyeglass cleaners and cases or in
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0018| news media or in public directories, mailings and announcements
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0019| of location openings or the use of the words "doctors'
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0020| prescriptions for eyeglasses filled" or "eyeglass repairs,
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0021| replacements and adjustments"; or
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0022| (7) selling of prescription eyeglasses or
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0023| contact lenses, frames or mountings for lenses in an
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0024| establishment in which the majority of its income is not derived
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0025| from being engaged in that endeavor."
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0001| - 7 - State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007| February 1, l996
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
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0013| whom has been referred
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0014|
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0015| HOUSE BILL 374
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0016|
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0017| has had it under consideration and finds same to be
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0018| GERMANE in accordance with constitutional provisions.
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025| Barbara A. Perea Casey,
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0001| Chairperson
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 10 For 0 Against
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0011| Yes: 10
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0012| Excused: Lujan, Olguin, Rodella, R. G. Sanchez, S. M. Williams
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0013| Absent: None
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0014|
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0015| H0374RC1 State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 6, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0003| been referred
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0004|
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0005| HOUSE BILL 374
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, and thence referred to the
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0009| APPROPRIATIONS AND FINANCE COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| Fred Luna, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 7 For 0 Against
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0001| Yes: 7
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0002| Excused: Gurule, Hobbs, Olguin, Rodella
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0003| Absent: Varela
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0004|
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0005|
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0006|
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0007|
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0008| H0374BI1 State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-SECOND LEGISLATURE
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0012| SECOND SESSION, 1996
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0013|
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0014|
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0015| FEBRUARY 8, 1996
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0021| whom has been referred
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0022|
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0023| HOUSE BILL 374
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008| Max Coll, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012|
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 12 For 0 Against
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0018| Yes: 12
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0019| Excused: Bird, Gentry, Martinez, Salazar, Varela, Watchman
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0020| Absent: none
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0021|
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0022|
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0023|
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0024| H0374AF1
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0025|
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0001| FORTY-SECOND LEGISLATURE
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0002| SECOND SESSION, 1996
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0003|
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0004|
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0005| February 13, 1996
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0006|
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0007| Mr. President:
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0008|
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0009| Your FINANCE COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 374
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020| __________________________________
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0021| Ben D. Altamirano, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 8 For 0 Against
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0009| Yes: 8
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0010| No: 0
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0011| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
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0012| Absent: None
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0013|
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0014|
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0015| H0374FC1
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0016|
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