0001| AN ACT | 0002| RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT TO CHANGE | 0003| LICENSE FEES AND OTHER PROVISIONS. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 61-2-10.2 NMSA 1978 (being Laws 1995, Chapter | 0007| 20, Section 5) is amended to read: | 0008| "61-2-10.2. DESIGNATION OF ORAL PHARMACEUTICAL AGENTS-- | 0009| CERTIFICATION FOR USE OF CERTAIN AGENTS.-- | 0010| A. Subject to the provisions of the Optometry Act, | 0011| optometrists qualified and certified by the board may prescribe or | 0012| administer the following classes of oral pharmaceutical agents: | 0013| (1) anti-infective medications, not including | 0014| antifungals; | 0015| (2) anti-glaucoma medications, not including | 0016| osmotic medications; | 0017| (3) anti-allergy medications; | 0018| (4) anti-inflammatory medications, not including | 0019| oral corticosteroids and immunosuppression agents; and | 0020| (5) analgesic medications, including schedules III | 0021| through V controlled substances, as provided in the Controlled | 0022| Substances Act. | 0023| B. The board shall issue certification for the use of | 0024| oral pharmaceutical agents as set forth in Subsection A of this | 0025| section to optometrists currently licensed by the board who are | 0001| certified for the use of topical ocular pharmaceutical agents. To | 0002| be certified, an optometrist shall submit to the board proof of | 0003| having satisfactorily completed a course in pharmacology as applied | 0004| to optometry, with particular emphasis on the administration of | 0005| oral pharmaceutical agents for the purpose of examination of the | 0006| human eye, and analysis of ocular functions and treatment of visual | 0007| defects or abnormal conditions of the human eye and its adnexa. | 0008| The course shall constitute a minimum of twenty hours of | 0009| instruction in clinical pharmacology, including systemic | 0010| pharmacology as applied to optometry, and shall be taught by an | 0011| accredited institution approved by the board. | 0012| C. As of July 1, 1996, all applicants for licensure | 0013| shall meet the requirements for certification in the use of | 0014| diagnostic, topical therapeutic and oral pharmaceutical agents as | 0015| set forth in the Optometry Act and shall successfully complete the | 0016| board's examination in diagnostic, topical and oral pharmaceutical | 0017| agents prior to licensure. | 0018| D. The certification authorized by this section shall | 0019| be displayed in a conspicuous place in the optometrist's principal | 0020| office or place of business." | 0021| Section 2. Section 61-2-11 NMSA 1978 (being Laws 1973, | 0022| Chapter 353, Section 9, as amended) is amended to read: | 0023| "61-2-11. LICENSE FEES--LICENSURE UNDER PRIOR LAW.-- | 0024| A. The board shall set fees for the following by | 0025| regulation: | 0001| (1) application fee in an amount not to exceed | 0002| five hundred dollars ($500); | 0003| (2) examination fee in an amount not to exceed | 0004| five hundred dollars ($500); | 0005| (3) licensure fee in an amount not to exceed four | 0006| hundred dollars ($400); | 0007| (4) issuance fee for pharmaceutical certification | 0008| in an amount not to exceed one hundred dollars ($100); | 0009| (5) annual license renewal fee in an amount not to | 0010| exceed three hundred dollars ($300); and | 0011| (6) late renewal penalty fee in an amount not to | 0012| exceed one hundred dollars ($100). | 0013| B. Any person licensed as an optometrist under any | 0014| prior laws of this state, whose license is valid on April 3, 1973, | 0015| shall be held to be licensed under the provisions of the Optometry | 0016| Act and shall be entitled to the annual renewal of his present | 0017| license as provided in that act. | 0018| C. Prior to engaging in the active practice of | 0019| optometry in this state, each licensee shall furnish the board | 0020| evidence that he holds a registration number with the taxation and | 0021| revenue department and has completed, as a condition of licensure | 0022| by endorsement, such continuing education requirements as set by | 0023| the regulations of the board." | 0024| Section 3. Section 61-2-14 NMSA 1978 (being Laws 1973, | 0025| Chapter 353, Section 12, as amended) is amended to read: | 0001| "61-2-14. OFFENSES.-- | 0002| A. Each of the following acts committed by any person | 0003| constitutes a fourth degree felony, punishable upon conviction as | 0004| provided in the Criminal Code: | 0005| (1) practicing or attempting to practice | 0006| optometry without a current license issued by the board; | 0007| (2) using or attempting to use pharmaceutical | 0008| agents without the certification issued by the board, unless, | 0009| however, the administration of pharmaceutical agents is done under | 0010| the direct supervision of a licensed optometrist certified to | 0011| administer the pharmaceutical agents in accordance with the | 0012| provisions of the Optometry Act; | 0013| (3) permitting any person in one's employ, | 0014| supervision or control to practice optometry or use pharmaceutical | 0015| agents unless that person is licensed and certified in accordance | 0016| with the provisions of the Optometry Act, or unless the | 0017| administration of pharmaceutical agents is done under the direct | 0018| supervision of a licensed optometrist certified to administer the | 0019| pharmaceutical agents in accordance with the provisions of the | 0020| Optometry Act; and | 0021| (4) practicing optometry, including the use of | 0022| pharmaceutical agents, during any period of time in which one's | 0023| license has been revoked or suspended as provided by the Optometry | 0024| Act. | 0025| B. Each of the following acts committed by any person | 0001| constitutes a misdemeanor, punishable upon conviction as provided | 0002| in the Criminal Code: | 0003| (1) making a willfully false oath or affirmation | 0004| where the oath or affirmation is required by the Optometry Act; | 0005| (2) selling or using any designation, diploma or | 0006| certificate tending to imply that one is a practitioner of | 0007| optometry, unless one holds a license as provided by the Optometry | 0008| Act; | 0009| (3) refusal, after a request, to provide a | 0010| patient a copy of his spectacle prescription, not including a | 0011| contact lens prescription, providing the prescription is not over | 0012| one year old; | 0013| (4) duplicating or replacing an ophthalmic lens, | 0014| not including contact lenses, without a current prescription not | 0015| more than two years old or without a written authorization from the | 0016| patient if the prescription is not available; | 0017| (5) except for licensed optometrists and as | 0018| provided in Subsection A of Section 61-2-15 NMSA 1978, using any | 0019| trial lenses, trial frames, graduated test cards or other | 0020| appliances or instruments for the purpose of examining the eyes or | 0021| rendering assistance to anyone who desires to have an examination | 0022| of the eyes; provided, however, that it is not the intent of this | 0023| paragraph to prevent any school nurse, schoolteacher or employee in | 0024| public service from ascertaining the possible need of vision | 0025| services, provided that such person, clinic or program does not | 0001| attempt to diagnose or prescribe ophthalmic lenses for the eyes or | 0002| recommend any particular practitioner or system of practice; | 0003| (6) advertising by any means the fabricating, | 0004| adapting, employing, providing, sale or duplication of eyeglasses | 0005| or any part thereof. This paragraph does not preclude the use of a | 0006| business name, trade name or trademark not relating to price or the | 0007| use of the address, telephone number, office hours and designation | 0008| of the provider in or at retail outlets, on business cards, | 0009| eyeglass cleaners and cases or in news media or in public | 0010| directories, mailings and announcements of location openings or the | 0011| use of the words "doctors' prescriptions for eyeglasses filled" or | 0012| "eyeglass repairs, replacements and adjustments"; or | 0013| (7) selling of prescription eyeglasses or contact | 0014| lenses, frames or mountings for lenses in an establishment in which | 0015| the majority of its income is not derived from being engaged in | 0016| that endeavor." | 0017| | 0018| HB 374 | 0019| Page  |