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