New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 16 - OPTOMETRIC PRACTITIONERS
Part 17 - ADVERTISING
Section 16.16.17.8 - UNPROFESSIONAL CONDUCT IN ADVERTISING

Universal Citation: 16 NM Admin Code 16.16.17.8

Current through Register Vol. 35, No. 18, September 24, 2024

In accordance with NMSA 1978, Section 61-2-13.D and J (1995 Repl. Pamp.), the Board may refuse to issue, suspend or revoke any license for advertising by means of knowingly false, misleading or deceptive statements or advertising. Any such action constitutes unprofessional conduct.

A. No optometrist shall use, participate in, or permit the use of his/her name in any form of public communication which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim related to the optometrist's examinations or professional services, eye glasses, ophthalmic lenses or frames, contact lenses, specific procedures, or ophthalmic devices.

B. Any advertisement which states the price on ophthalmic materials including, but not limited to, eyeglasses, spectacles, lenses, frames or mountings, shall affirmatively disclose whether the price includes eye examination services. All disclosures must be in type no smaller than ten (10) point type.

C. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes, but is not limited to, a statement or claim which:

(1) contains a misrepresentation of fact; or

(2) is likely to mislead or deceive because it fails to make full disclosure of relevant facts; or

(3) represents that professional services can or will be competently performed for a stated fee when this is not the case, or makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will, in fact, be charged; or

(4) contains other representations or implications that in reasonable probability will cause an ordinary prudent person to misunderstand or be deceived.

D. Any advertisement of the price of any ophthalmic lens which does not meet the American National Standards Institute specifications, or which is purchased by the optometrist from a manufacturer or wholesaler who does not warrant that the lens meets the standards of the American National Standards Institute and has not been tested by the optometrist or has been tested and does not meet such standards, shall contain the statement: "Does not meet the American National Standards Institute Specification for the first quality prescription ophthalmic lenses." This statement shall not be abbreviated in any way.

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