New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 16 - OPTOMETRIC PRACTITIONERS
Part 19 - CONTACT LENSES
Section 16.16.19.17 - COMPLIANCE REQUIRED; VIOLATION PENALTIES
Current through Register Vol. 35, No. 18, September 24, 2024
A. A person or entity who is not a licensed optometrist or a licensed physician cannot sell or dispense replacement contact lenses unless registered with the New Mexico board of pharmacy. Pharmacies, hospitals and clinics licensed by the board of pharmacy are exempt from this rule.
B. Failure of an optometrist to comply with the provisions of this rule, 16.16.19 NMAC, shall be considered unprofessional and unethical conduct, and shall be dealt with in accordance with the appropriate provisions of Part 21 and Part 22 of 16.16.19 NMAC.
C. Adapting, substituting, or changing the contact lens prescription, including specified material types, without prior authorization from the prescribing doctor, constitutes the practice of optometry.
D. Practicing optometry without a license is a fourth degree felony violation punishable upon conviction as provided in the Criminal Code.
E. The board of optometry may impose a civil fine or no more than one thousand ($1,000) on a licensed optometrist who fails to provide a requested replacement contact lens prescription; or who knowingly dispenses contact lenses without a valid replacement contact lens prescription; or who otherwise fails to comply with the provisions of this rule, 16.16.19 NMAC.