NM
New Mexico House Bill HB36

New Mexico 2025 Regular Session

New Mexico House Bill HB36 Compare Versions

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1-HB 36/a
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28+HOUSE BILL 36
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Dayan Hochman-Vigil
2848 AN ACT
2949 RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT
3050 TO EXPAND THE SCOPE OF PRACTICE AND PROVIDE THE BOARD OF
3151 OPTOMETRY WITH ADDITIONAL POWERS AND DUTIES.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 61-2-2 NMSA 1978 (being Laws 1973,
3454 Chapter 353, Section 2, as amended) is amended to read:
3555 "61-2-2. DEFINITIONS.--As used in the Optometry Act:
3656 A. "practice of optometry" means:
3757 (1) the employment of any subjective or
3858 objective means or methods, including but not limited to the
3959 use of lenses, prisms, autorefractors or other automated
4060 testing devices, and includes the prescription or
4161 administration of drugs for the purpose of diagnosing the
42-visual defects or abnormal conditions of the human eye and
43-its adnexa;
44-(2) the employing, adapting or prescribing
45-of preventive or corrective measures, including but not
46-limited to lenses, prisms, contact or corneal lenses or other
47-optical appliances, ocular exercises, vision therapy, vision
48-training and vision rehabilitation services, and includes the
49-prescription or administration of all drugs rational for the
50-correction, relief or referral of visual defects or abnormal
51-conditions of the human eye and its adnexa; and HB 36/a
52-Page 2
62+visual defects or abnormal conditions of the human eye and its
63+.229068.1 underscored material = new
64+[bracketed material] = delete
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90+adnexa;
91+(2) the employing, adapting or prescribing of
92+preventive or corrective measures, including but not limited to
93+lenses, prisms, contact or corneal lenses or other optical
94+appliances, ocular exercises, vision therapy, vision training
95+and vision rehabilitation services, and includes the
96+prescription or administration of all drugs rational for the
97+correction, relief or referral of visual defects or abnormal
98+conditions of the human eye and its adnexa; and
7899 (3) does not include the use of surgery or
79-injections in the treatment of eye diseases except for the
80-use of the following types of in-office surgical procedures:
100+injections in the treatment of eye diseases except for the use
101+of the following types of in-office [minor ] surgical
102+procedures:
81103 (a) non-laser removal, destruction or
82-drainage of superficial eyelid lesions and conjunctival
83-cysts;
104+drainage of superficial eyelid lesions and conjunctival cysts;
84105 (b) removal of nonperforating foreign
85106 bodies from the cornea, conjunctiva and eyelid;
86107 (c) non-laser corneal debridement,
87-culture, scrape or anterior puncture, not including removal
88-of pterygium, corneal biopsy or removal of corneal
89-neoplasias;
90-(d) removal of eyelashes;
108+culture, scrape or anterior puncture, not including removal of
109+pterygium, corneal biopsy or removal of corneal neoplasias;
110+(d) removal of eyelashes; [and ]
91111 (e) probing, dilation, irrigation or
92-closure of the tear drainage structures of the eyelid;
93-scalpel use is to be applied only for the purpose of use on
94-the skin surrounding the eye;
95-(f) laser application to the lens
96-capsule in the treatment of capsular clouding or other
97-defects; and
98-(g) laser application to structures
99-within the ocular anterior segment for the prevention or
100-treatment of glaucoma;
101-B. "ophthalmic lens" means a lens that has a
102-spherical, cylindrical or prismatic value, is ground pursuant HB 36/a
103-Page 3
112+closure of the tear drainage structures of the eyelid; scalpel
113+use is to be applied only for the purpose of use on the skin
114+surrounding the eye;
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143+(f) laser application to the lens
144+capsule in the treatment of capsular clouding or other defects;
145+(g) laser application to structures
146+within the ocular anterior segment for the prevention or
147+treatment of glaucoma;
148+(h) anterior chamber paracentesis in the
149+emergent treatment of highly elevated intraocular pressure; and
150+(i) intracameral placement of sustained
151+release drug-eluting implants;
152+B. "ophthalmic lens" means a lens that has a
153+spherical, cylindrical or prismatic value, is ground pursuant
129154 to a prescription and is intended to be used as eyeglasses;
130155 C. "contact lens" means a lens to be worn on the
131156 anterior segment of the human eye;
132157 D. "prescription" means a written order by an
133158 optometrist or a physician for an individual patient for:
134159 (1) ophthalmic lenses;
135160 (2) contact lenses; or
136161 (3) a pharmaceutical agent that is regulated
137162 pursuant to the New Mexico Drug, Device and Cosmetic Act;
138163 E. "eyeglasses" means an exterior optical device
139164 using ophthalmic lenses for the correction or relief of
140165 disturbances in and anomalies of human vision; and
141166 F. "board" means the board of optometry."
142167 SECTION 2. Section 61-2-6 NMSA 1978 (being Laws 1973,
143-Chapter 353, Section 5, as amended) is amended to read:
144-"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--
145-COMPENSATION--POWERS AND DUTIES.--
146-A. The board shall annually elect a chair, a vice
147-chair and a secretary-treasurer; each shall serve until a
148-successor is elected and qualified.
149-B. The board shall meet at least annually for the
150-purpose of examining candidates for licensure. Special
151-meetings may be called by the chair and shall be called upon
152-the written request of a majority of the board members. A
153-majority of the board members currently serving constitutes a HB 36/a
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196+Chapter 353, Section 5, as amended) is amended to read:
197+"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--
198+COMPENSATION--POWERS AND DUTIES.--
199+A. The board shall annually elect a chair, a vice
200+chair and a secretary-treasurer; each shall serve until a
201+successor is elected and qualified.
202+B. The board shall meet at least annually for the
203+purpose of examining candidates for licensure. Special
204+meetings may be called by the chair and shall be called upon
205+the written request of a majority of the board members. A
206+majority of the board members currently serving constitutes a
180207 quorum.
181208 C. Members of the board may be reimbursed as
182209 provided in the Per Diem and Mileage Act but shall receive no
183210 other compensation, perquisite or allowance.
184211 D. The board has the authority to determine what
185212 constitutes the practice of optometry in accordance with the
186213 provisions of the Optometry Act and has jurisdiction to
187-exercise any other powers and duties pursuant to that act.
188-The board may issue advisory opinions and declaratory rulings
214+exercise any other powers and duties pursuant to that act. The
215+board may issue advisory opinions and declaratory rulings
189216 pursuant to that act and rules promulgated in accordance with
190-the State Rules Act, but shall not expand the scope of
191-practice of optometry beyond the provisions of the Optometry
192-Act.
217+the State Rules Act, but shall not expand the scope of practice
218+of optometry beyond the provisions of the Optometry Act.
193219 E. The board shall:
194220 (1) administer and enforce the provisions of
195-the Optometry Act;
196-(2) promulgate in accordance with the State
197-Rules Act, all rules for the implementation and enforcement
198-of the provisions of the Optometry Act;
199-(3) adopt and use a seal;
200-(4) administer oaths and take testimony on
201-matters within the board's jurisdiction;
202-(5) keep an accurate record of meetings,
203-receipts and disbursements;
204-(6) keep a record of examinations held, HB 36/a
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249+the Optometry Act;
250+(2) promulgate in accordance with the State
251+Rules Act, all rules for the implementation and enforcement of
252+the provisions of the Optometry Act;
253+(3) adopt and use a seal;
254+(4) administer oaths and take testimony on
255+matters within the board's jurisdiction;
256+(5) keep an accurate record of meetings,
257+receipts and disbursements;
258+(6) keep a record of examinations held,
231259 together with the names and addresses of persons taking the
232260 examinations and the examination results. Within thirty days
233261 after an examination, the board shall give written notice to
234-each applicant examined of the results of the examination as
235-to the respective applicant;
262+each applicant examined of the results of the examination as to
263+the respective applicant;
236264 (7) certify as passing each applicant who
237265 obtains a grade of at least seventy-five percent on each
238-subject upon which the applicant is examined; providing that
239-an applicant failing may apply for re-examination at the next
266+subject upon which the applicant is examined; providing that an
267+applicant failing may apply for re-examination at the next
240268 scheduled examination date;
241269 (8) keep a book of registration in which the
242270 name, address and license number of licensees shall be
243271 recorded, together with a record of license renewals,
244272 suspensions and revocations;
245273 (9) grant, deny, renew, suspend or revoke
246-licenses to practice optometry in accordance with the
247-provisions of the Uniform Licensing Act for any cause stated
248-in the Optometry Act;
249-(10) develop and administer:
250-(a) qualifications for certification
251-for the use of pharmaceutical agents as authorized in Section
252-61-2-10.2 NMSA 1978, including minimum educational
253-requirements and examination, as required by Section
254-61-2-10.2 NMSA 1978, and provide the board of pharmacy with
255-an annual list of optometrists certified to use HB 36/a
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282-pharmaceutical agents as authorized in Section 61-2-10.2 NMSA
283-1978; and
302+licenses to practice optometry in accordance with the
303+provisions of the Uniform Licensing Act for any cause stated in
304+the Optometry Act;
305+(10) develop and administer:
306+(a) qualifications for certification for
307+the use of pharmaceutical agents as authorized in Section
308+61-2-10.2 NMSA 1978, including minimum educational requirements
309+and examination, as required by Section 61-2-10.2 NMSA 1978 and
310+provide the board of pharmacy with an annual list of
311+optometrists certified to use pharmaceutical agents as
312+authorized in Section 61-2-10.2 NMSA 1978; and
284313 (b) credentialing requirements for the
285314 performance of procedures involving the use of a laser; and
286315 (11) provide for the suspension of an
287316 optometrist's license for sixty days upon a determination of
288317 use of pharmaceutical agents without prior certification in
289318 accordance with Section 61-2-10.2 NMSA 1978, after proper
290319 notice and an opportunity to be heard before the board."
291-SECTION 3. Section 61-2-15 NMSA 1978 (being Laws 1973,
292-Chapter 353, Section 13, as amended) is amended to read:
293-"61-2-15. EXEMPTIONS.--
294-A. Except for the provisions of Sections 61-2-14.1
295-and 61-2-16 NMSA 1978 and as provided in this subsection, the
296-Optometry Act does not apply to a licensed physician or a
297-person, clinic or program under the licensed physician's
298-responsible supervision and control; provided that the
299-person, clinic or program under the responsible supervision
300-and control of the licensed physician shall not use either
301-loose or fixed trial lenses for the sole purpose of
302-determining the prescription for eyeglasses or contact
303-lenses.
304-B. Except as provided in Sections 61-2-2, 61-2-14,
305-61-2-16 and 61-2-17 NMSA 1978, the Optometry Act does not
306-apply to a person selling eyeglasses who does not represent HB 36/a
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333-the person's own self as being qualified to detect or correct
334-ocular anomalies and who does not traffic upon assumed skill
335-in adapting ophthalmic lenses to the eyes."
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