Unless licensed pursuant to the Optometry Act, or specifically exempted or excluded from the application of all or part of that act, a person shall not:
A. practice optometry;
B. represent himself or offer his services as being able to practice optometry; or
C. duplicate or replace an ophthalmic lens.
History: 1953 Comp., § 67-1-3, enacted by Laws 1973, ch. 353, § 3; 2003, ch. 274, § 2.
Delayed repeals. — For delayed repeal of this section, see 61-2-18 NMSA 1978.
Cross references. — For incorporation of optometrists under Professional Corporation Act, see 53-6-1 NMSA 1978 et seq.
The 2003 amendment, effective June 20, 2003, rewrote the introductory paragraph; deleted former Subsection C which read: "prescribe eyeglasses or give a prescription to a patient; or"; redesignated former Subsection D as present Subsection C; and deleted "not including contact lenses without a current prescription or without a written authorization from the patient if the prescription is not available" at the end of present Subsection C.
Retail ophthalmic dispenser may not legally fit contact or corneal lenses either independently or under the supervision of a New Mexico licensed practitioner of optometry or medicine. 1958 Op. Att'y Gen. No. 58-176.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 26, 37, 38, 132.
Constitutionality of statutes and validity of regulations relating to optometry, 98 A.L.R. 905, 22 A.L.R.2d 939.
Right of corporation or individual, not himself licensed, to practice optometry through licensed employee, 102 A.L.R. 343, 128 A.L.R. 585.
Validity of governmental regulation of optometry, 22 A.L.R.2d 939.
What constitutes practice of "optometry", 82 A.L.R.4th 816.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 12, 14, 17, 26, 27.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-2-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-2-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-2-3 - Criminal offender's character evaluation. (Repealed effective July 1, 2024.)
Section 61-2-4 - License required. (Repealed effective July 1, 2024.)
Section 61-2-8 - Qualifications for licensure as an optometrist. (Repealed effective July 1, 2024.)
Section 61-2-9.1 - License issued. (Repealed effective July 1, 2024.)
Section 61-2-10.5 - Replacement contact lens prescriptions. (Repealed effective July 1, 2024.)
Section 61-2-11 - License fees; licensure under prior law. (Repealed effective July 1, 2024.)
Section 61-2-13 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2024.)
Section 61-2-14 - Offenses. (Repealed effective July 1, 2024.)
Section 61-2-15 - Exemptions. (Repealed effective July 1, 2024.)
Section 61-2-16 - Freedom of choice. (Repealed effective July 1, 2024.)
Section 61-2-17 - Power to enjoin violations. (Repealed effective July 1, 2024.)
Section 61-2-18 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)