SPAC/SB 367

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AN ACT

RELATING TO THE PRACTICE OF OPTOMETRY; INCLUDING CERTAIN

SPECIFIC TYPES OF SURGERY WITHIN THE PRACTICE OF OPTOMETRY;

DECLARING AN EMERGENCY.

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

SPAC/SB 367

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(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;

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:

SPAC/SB 367

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(1) ophthalmic lenses;

(2) contact lenses; or

(3) a topical ocular pharmaceutical agent or

an oral 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. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.