HB 36 — BOARD OF OPTOMETRY POWERS AND DUTIES

HOUSEAN BILLACT 36RELATING 57THTO LEGISLATURELICENSING; - STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Dayan Hochman-Vigil and Luis M.

TerrazasAMENDING andSECTIONS JavierOF MartínezTHE ThisOPTOMETRY documentACT mayTO incorporateEXPAND amendmentsTHE proposedSCOPE byOF aPRACTICE committee,AND butPROVIDE notTHE yetBOARD adopted,OF asOPTOMETRY wellWITH asADDITIONAL amendmentsPOWERS thatAND haveDUTIES. been adopted during the current legislative session.

The6 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO LICENSING;

AMENDINGSection SECTIONS61-2-2 OFNMSA THE1978 OPTOMETRY(being ACTLaws t1973, hrChapter g353, eSection i2, kas TOamended) EXPANDis THEamended SCOPEto OFread: PRACTICE AND PROVIDE THE BOARD OF h r i s OPTOMETRY WITH ADDITIONAL POWERS AND DUTIES.

h"61-2-2. , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

Section 61-2-2 NMSA 1978 (being Laws 1973, l ] b ,d i a º e Chapter 353, Section 2, as amended) is amended to read:

r i = r t e w d m a n o "61-2-2.

dA. m :

b e d s º o t n = .229068.1AIC January 29, 2025 (9:08pm) s k m e e a n e d r e l u [ A d A.

and hHB 36/a Page 1 (3) does not include the use of surgery or g o t hr injections in the treatment of eye diseases except for the use g e i k of the following types of in-office [minor ] surgical h r i s procedures:

h , t, (a) non-laser removal, destruction or e u g e b l e e h drainage of superficial eyelid lesions and conjunctival cysts;

n d d i = = o h (b) removal of nonperforating foreign l ] b ,d i a º e bodies from the cornea, conjunctiva and eyelid;

r(c) inon-laser =corneal rdebridement, tculture, escrape wor danterior mpuncture, anot nincluding oremoval (c)of non-laserpterygium, corneal debridement,biopsy dor mremoval :of corneal neoplasias;

b e d s º o t n = .229068.1AIC January 29, 2025 (9:08pm) s k m e - 2 - e a n e d r e l u [ A d culture, scrape or anterior puncture, not including removal of pterygium, corneal biopsy or removal of corneal neoplasias;

[and ] (e) probing, dilation, irrigation or closure of the tear drainage structures of the eyelid;

HHHCºand»HHHCand (g) laser application to structures within the ocular anterior segment for the prevention or treatment of glaucoma;

HHHCº(h)B. anterior chamber paracentesis in the emergent treatment of highly elevated intraocular pressure;

and"ophthalmic hlens" (i)means intracamerala placementlens ofthat sustainedhas ga ospherical, tcylindrical hror releaseprismatic drug-elutingvalue, implants;»HHHCis gground epursuant iHB k36/a B.Page 2 to a prescription and is intended to be used as eyeglasses;

"ophthalmicC. lens" means a lens that has a h r i s spherical, cylindrical or prismatic value, is ground pursuant h , t, e u g to a prescription and is intended to be used as eyeglasses;

e"contact blens" lmeans ea elens hto C.be worn on the anterior segment of the human eye;

"contactD. lens" means a lens to be worn on the n d d i = = o h anterior segment of the human eye;

l"prescription" ]means ba ,dwritten iorder aby ºan eoptometrist ror ia =physician rfor D.an individual patient for:

"prescription"(1) meansophthalmic alenses; written order by an t e w d m a n o optometrist or a physician for an individual patient for:

d m :

b e d s º o t n = .229068.1AIC January 29, 2025 (9:08pm) s k m e - 3 - e a n e d r e l u [ A d (1) ophthalmic lenses;

The board shall meet at least annually for the h purpose of examining candidates for licensure.

Special g o t hr meetings may be called by the chair and shall be called upon g e i k the written request of a majority of the board members.

A h r i s majority of the board members currently serving constitutes a hHB ,36/a t,Page 3 quorum.

e u g e b l e e h C.

Members of the board may be reimbursed as n d d i = = o h provided in the Per Diem and Mileage Act but shall receive no l ] b ,d i a º e other compensation, perquisite or allowance.

r i = r t e w d m a n o D.

The board has the authority to determine what dconstitutes mthe :practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act.

b e d s º o t n = .229068.1AIC January 29, 2025 (9:08pm) s k m e - 4 - e a n e d r e l u [ A d constitutes the practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act.

h (5) keep an accurate record of meetings, g o t hr receipts and disbursements;

g e i k (6) keep a record of examinations held, hHB r36/a iPage s4 together with the names and addresses of persons taking the h , t, examinations and the examination results.

Within thirty days e u g e b l e e h after an examination, the board shall give written notice to n d d i = = o h each applicant examined of the results of the examination as to l ] b ,d i a º e the respective applicant;

r(7) icertify =as rpassing teach eapplicant wwho dobtains m a ngrade oof (7)at certifyleast asseventy-five passingpercent on each applicantsubject whoupon dwhich mthe :applicant is examined;

b e d s º o t n = .229068.1AIC January 29, 2025 (9:08pm) s k m e - 5 - e a n e d r e l u [ A d obtains a grade of at least seventy-five percent on each subject upon which the applicant is examined;