HB 36/a
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AN ACT
RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT
TO EXPAND THE SCOPE OF PRACTICE AND PROVIDE THE BOARD OF
OPTOMETRY WITH ADDITIONAL POWERS AND DUTIES.
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 HB 36/a
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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 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;
(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;
(f) laser application to the lens
capsule in the treatment of capsular clouding or other
defects; and
(g) laser application to structures
within the ocular anterior segment for the prevention or
treatment of glaucoma;
B. "ophthalmic lens" means a lens that has a
spherical, cylindrical or prismatic value, is ground pursuant HB 36/a
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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:
(1) ophthalmic lenses;
(2) contact lenses; or
(3) a 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. Section 61-2-6 NMSA 1978 (being Laws 1973,
Chapter 353, Section 5, as amended) is amended to read:
"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--
COMPENSATION--POWERS AND DUTIES.--
A. The board shall annually elect a chair, a vice
chair and a secretary-treasurer; each shall serve until a
successor is elected and qualified.
B. The board shall meet at least annually for the
purpose of examining candidates for licensure. Special
meetings may be called by the chair and shall be called upon
the written request of a majority of the board members. A
majority of the board members currently serving constitutes a HB 36/a
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quorum.
C. Members of the board may be reimbursed as
provided in the Per Diem and Mileage Act but shall receive no
other compensation, perquisite or allowance.
D. The board has the authority to determine what
constitutes the practice of optometry in accordance with the
provisions of the Optometry Act and has jurisdiction to
exercise any other powers and duties pursuant to that act.
The board may issue advisory opinions and declaratory rulings
pursuant to that act and rules promulgated in accordance with
the State Rules Act, but shall not expand the scope of
practice of optometry beyond the provisions of the Optometry
Act.
E. The board shall:
(1) administer and enforce the provisions of
the Optometry Act;
(2) promulgate in accordance with the State
Rules Act, all rules for the implementation and enforcement
of the provisions of the Optometry Act;
(3) adopt and use a seal;
(4) administer oaths and take testimony on
matters within the board's jurisdiction;
(5) keep an accurate record of meetings,
receipts and disbursements;
(6) keep a record of examinations held, HB 36/a
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together with the names and addresses of persons taking the
examinations and the examination results. Within thirty days
after an examination, the board shall give written notice to
each applicant examined of the results of the examination as
to the respective applicant;
(7) certify as passing each applicant who
obtains a grade of at least seventy-five percent on each
subject upon which the applicant is examined; providing that
an applicant failing may apply for re-examination at the next
scheduled examination date;
(8) keep a book of registration in which the
name, address and license number of licensees shall be
recorded, together with a record of license renewals,
suspensions and revocations;
(9) grant, deny, renew, suspend or revoke
licenses to practice optometry in accordance with the
provisions of the Uniform Licensing Act for any cause stated
in the Optometry Act;
(10) develop and administer:
(a) qualifications for certification
for the use of pharmaceutical agents as authorized in Section
61-2-10.2 NMSA 1978, including minimum educational
requirements and examination, as required by Section
61-2-10.2 NMSA 1978, and provide the board of pharmacy with
an annual list of optometrists certified to use HB 36/a
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pharmaceutical agents as authorized in Section 61-2-10.2 NMSA
1978; and
(b) credentialing requirements for the
performance of procedures involving the use of a laser; and
(11) provide for the suspension of an
optometrist's license for sixty days upon a determination of
use of pharmaceutical agents without prior certification in
accordance with Section 61-2-10.2 NMSA 1978, after proper
notice and an opportunity to be heard before the board."
SECTION 3. Section 61-2-15 NMSA 1978 (being Laws 1973,
Chapter 353, Section 13, as amended) is amended to read:
"61-2-15. EXEMPTIONS.--
A. Except for the provisions of Sections 61-2-14.1
and 61-2-16 NMSA 1978 and as provided in this subsection, the
Optometry Act does not apply to a licensed physician or a
person, clinic or program under the licensed physician's
responsible supervision and control; provided that the
person, clinic or program under the responsible supervision
and control of the licensed physician shall not use either
loose or fixed trial lenses for the sole purpose of
determining the prescription for eyeglasses or contact
lenses.
B. Except as provided in Sections 61-2-2, 61-2-14,
61-2-16 and 61-2-17 NMSA 1978, the Optometry Act does not
apply to a person selling eyeglasses who does not represent HB 36/a
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the person's own self as being qualified to detect or correct
ocular anomalies and who does not traffic upon assumed skill
in adapting ophthalmic lenses to the eyes."