New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 16 - OPTOMETRIC PRACTITIONERS
Part 21 - UNPROFESSIONAL CONDUCT
Section 16.16.21.9 - ACTS OF UNPROFESSIONAL CONDUCT
Current through Register Vol. 35, No. 18, September 24, 2024
The following exemplify the types of conduct or acts of omission that shall subject the licensee or applicant to disciplinary action by the board.
A. Any conduct whether an act or the omission of an act, which deceives or defrauds or tends to deceive or defraud the public.
B. Obtaining or attempting to obtain any fee by fraud, misrepresentation, deceit or any other deceptive or dishonest course of conduct.
C. Charging or attempting to charge any unusual, unreasonable, or exorbitant fee.
D. [RESERVED]
E. Splitting or dividing of fees with any person, as defined by this rule.
F. Advertising professional superiority, or advertising ophthalmic materials or services in violation of the rules of this board.
G. Breach of the confidentiality of information or knowledge about a patient obtained by the optometrist while acting in his or her professional capacity.
H. Seeing patients while under the influence of alcohol or controlled substances not prescribed for him or her by an individual authorized by law to prescribe controlled substances. For purposes of this regulation, the term "controlled substances" shall be defined as the term is defined by the New Mexico Controlled Substance Act.
I. Sexual misconduct with a patient, including but not limited to the making of unsolicited sexual advances to a patient.
J. Violation of any order or judgment of the board.
K. Impersonating another who is licensed to practice optometry, or permitting or allowing any person to use such license.
L. Employing or inducing an unlicensed person to perform any procedure that is considered the practice of optometry as defined in NMSA Sections 61-2-1 through 61-2-18 (1995 Repl. Pamp.).
M. Practicing beyond the scope of his/her optometry license as defined by state law and regulations.
N. Advertising in any manner that violates board regulations and state statutes on advertising.
O. Making false statements in any application for licensure or renewal of licensure.
P. Failing to report to the board the surrender of an optometric license or any formal disciplinary action, in another state or jurisdiction, in which there has been an adverse finding for acts or conduct which would constitute grounds for actions as defined in these rules.
Q. Failing to report to the board any criminal conviction of a felony.
R. Refusing to provide the patient with their eyeglass prescription if the prescription is under a year old.
S. Duplicating or replacing eyeglasses when the prescription is more than two years old without written authorization from the patient.
T. Failing to disclose and release patient information when requested by a patient or a health care provider upon a patient's authorization, or upon request from a health care provider when relating to the treatment of a patient, in accordance with the 1996 Health Insurance Portability and Accountability Act (HIPAA).
