New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 16 - OPTOMETRIC PRACTITIONERS
Part 21 - UNPROFESSIONAL CONDUCT
Section 16.16.21.10 - UNPROFESSIONAL CONDUCT RELATED TO PHARMACEUTICALS

Universal Citation: 16 NM Admin Code 16.16.21.10

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

The following unprofessional conduct related to pharmaceutical and controlled dangerous pharmaceutical agents shall be grounds for disciplinary action by the board. Violations of Subsections of this Section may also constitute fourth degree felony violations and may be subject to conviction, imprisonment, and fines pursuant to the provisions of Section 31-18-15 NMSA 1978 (see Subsections B and C of 16.16.11.12 NMAC).

A. Practicing optometry, including the use of pharmaceutical agents without a valid, current license.

B. Administering, dispensing and prescribing diagnostic, topical, or oral pharmaceutical agents without the proper certification by the board as set forth in Part 7 of 16.16 NMAC.

C. Administering, dispensing, and prescribing controlled dangerous drugs without proper certification by the board and the required controlled substances registration with the State of New Mexico and proper DEA registration with the drug enforcement administration as set forth in Part 8 of 16.16 NMAC.

D. Administering, dispensing and prescribing dangerous drugs for purposes other than generally accepted treatment for the relief of ocular abnormalities.

E. Indiscriminately or excessively administering, dispensing, or prescribing controlled dangerous substances.

F. Administering, dispensing and prescribing controlled dangerous substances to immediate family members for purposes other than as applied in the treatment and management of ocular disease.

G. [RESERVED]

H. Administering, dispensing, and prescribing controlled dangerous substances in excess of the amount considered good optometric practice.

I. Administering, dispensing, and prescribing controlled dangerous substances without medical need in accordance with published standards.

J. Disbursing or prescribing any controlled dangerous substance for the optometrist's personal use for any other use than as applied in the treatment and management of ocular disease.

K. Delegating prescriptive signing authority for either prescriptive medications or controlled dangerous substances to another person.

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