BOARD OF OPTOMETRY POWERS AND DUTIES

HB0094

HOUSE BILL 94

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Dayan Hochman-Vigil
and
Elizabeth "Liz" Stefanics

AN ACT

RELATING TO LICENSING; AMENDING SECTIONS OF THE OPTOMETRY ACT
TO EXPAND THE SCOPE OF PRACTICE AND PROVIDE THE BOARD OF
OPTOMETRY WITH ADDITIONAL POWERS AND DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 61-2-2 NMSA 1978 (being Laws 1973,
Chapter 353, Section 2, as amended) is amended to read:

"61-2-2. DEFINITIONS.--As used in the Optometry Act:

A. "practice of optometry" means:

(1) the employment of any subjective or
objective means or methods, including but not limited to the
use of lenses, prisms, autorefractors or other automated
testing devices, and includes the prescription or
administration of drugs for the purpose of diagnosing the
visual defects or abnormal conditions of the human eye and its
adnexa;

(2) the employing, adapting or prescribing of
preventive or corrective measures, including but not limited to
lenses, prisms, contact or corneal lenses or other optical
appliances, ocular exercises, vision therapy, vision training
and vision rehabilitation services, and includes the
prescription or administration of all drugs rational for the
correction, relief or referral of visual defects or abnormal
conditions of the human eye and its adnexa; and

(3) does not include the use of surgery or
injections in the treatment of eye diseases except for the use
of the following types of in-office [
minor
] surgical
procedures:

(a) non-laser removal, destruction or
drainage of superficial eyelid lesions and conjunctival cysts;

(b) removal of nonperforating foreign
bodies from the cornea, conjunctiva and eyelid;

(c) non-laser corneal debridement,
culture, scrape or anterior puncture, not including removal of
pterygium, corneal biopsy or removal of corneal neoplasias;

(d) removal of eyelashes; [
and
]

(e) probing, dilation, irrigation or
closure of the tear drainage structures of the eyelid; scalpel
use is to be applied only for the purpose of use on the skin
surrounding the eye;

(f) laser application to the lens
capsule in the treatment of capsular clouding or other defects;
and

(g) laser application to structures
within the ocular anterior segment for the prevention or
treatment of glaucoma, including laser trabeculoplasty and
laser peripheral iridotomy;

B. "ophthalmic lens" means a lens that has a
spherical, cylindrical or prismatic value, is ground pursuant
to a prescription and is intended to be used as eyeglasses;

C. "contact lens" means a lens to be worn on the
anterior segment of the human eye;

D. "prescription" means a written order by an
optometrist or a physician for an individual patient for:

(1) ophthalmic lenses;

(2) contact lenses; or

(3) a pharmaceutical agent that is regulated
pursuant to the New Mexico Drug, Device and Cosmetic Act;

E. "eyeglasses" means an exterior optical device
using ophthalmic lenses for the correction or relief of
disturbances in and anomalies of human vision; and

F. "board" means the board of optometry."

SECTION 2.
Section 61-2-6 NMSA 1978 (being Laws 1973,
Chapter 353, Section 5, as amended) is amended to read:

"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--

A. The board shall annually elect a chair, a vice
chair and a secretary-treasurer; each shall serve until a
successor is elected and qualified.

B. The board shall meet at least annually for the
purpose of examining candidates for licensure. Special
meetings may be called by the chair and shall be called upon
the written request of a majority of the board members. A
majority of the board members currently serving constitutes a
quorum.

C. Members of the board may be reimbursed as
provided in the Per Diem and Mileage Act but shall receive no
other compensation, perquisite or allowance.

D. The board has the authority to determine what
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. The
board may issue advisory opinions and declaratory rulings
pursuant to that act and rules promulgated in accordance with
the State Rules Act, but shall not expand the scope of practice
of optometry beyond the provisions of the Optometry Act.

E. The board shall:

(1) administer and enforce the provisions of
the Optometry Act;

(2) promulgate in accordance with the State
Rules Act, all rules for the implementation and enforcement of
the provisions of the Optometry Act;

(3) adopt and use a seal;

(4) administer oaths and take testimony on
matters within the board's jurisdiction;

(5) keep an accurate record of meetings,
receipts and disbursements;

(6) keep a record of examinations held,
together with the names and addresses of persons taking the
examinations and the examination results. Within thirty days
after an examination, the board shall give written notice to
each applicant examined of the results of the examination as to
the respective applicant;

(7) certify as passing each applicant who
obtains a grade of at least seventy-five percent on each
subject upon which the applicant is examined; providing that an
applicant failing may apply for re-examination at the next
scheduled examination date;

(8) keep a book of registration in which the
name, address and license number of licensees shall be
recorded, together with a record of license renewals,
suspensions and revocations;

(9) grant, deny, renew, suspend or revoke
licenses to practice optometry in accordance with the
provisions of the Uniform Licensing Act for any cause stated in
the Optometry Act;

(10) develop and administer:

(a)
qualifications for certification for
the use of pharmaceutical agents as authorized in Section
61-2-10.2 NMSA 1978, including minimum educational requirements
and examination, as required by Section 61-2-10.2 NMSA 1978 and
provide the board of pharmacy with an annual list of
optometrists certified to use pharmaceutical agents as
authorized in Section 61-2-10.2 NMSA 1978; and

(b) credentialing requirements for the
performance of procedures involving the use of a laser; and

(11) provide for the suspension of an
optometrist's license for sixty days upon a determination of
use of pharmaceutical agents without prior certification in
accordance with Section 61-2-10.2 NMSA 1978, after proper
notice and an opportunity to be heard before the board."

SECTION 3.
A new section of the Optometry Act is enacted
to read:

"[
NEW MATERIAL
] LASER PROCEDURES--OPTOMETRIST
CREDENTIALING--REPORTING.--

A. Unless an optometrist obtains credentialing from
the board, an optometrist shall not perform a laser application
to:

(1) a lens capsule to treat capsular clouding
or other capsular defects; or

(2) structures within the ocular anterior
segment for the prevention or treatment of glaucoma, including
laser trabeculoplasty and laser peripheral iridotomy.

B. The board shall issue an optometrist the
credentials to perform the procedures listed in Subsection A of
this section if the optometrist:

(1) completes one of the following education
and examination requirements:

(a) graduation from an accredited
college or university of optometry in 2026 or any year
thereafter and passage of a standardized national examination
approved by the board; or

(b) completion of a training course
accredited by a college of optometry, osteopathy or medicine
and approved by the board that provides at least thirty-two
hours of laser-application training; and

(2) demonstrates successful performance of any
of the following series of procedures on live human patients
under the direct, in-person supervision of a licensed
ophthalmologist or optometrist licensed or certified to perform
the procedures listed in Subsection A of this section:

(a) five yttrium aluminum garnet laser
capsulotomies;

(b) five selective laser
trabeculoplasties; or

(c) four laser peripheral iridotomies.

C. An optometrist shall report to the board, in a
form and manner prescribed by the board, an adverse outcome
that results from the optometrist's performance of a procedure
listed in Subsection A of this section within ten days of
occurrence."

SECTION 4.
Section 61-2-15 NMSA 1978 (being Laws 1973,
Chapter 353, Section 13, as amended) is amended to read:

"61-2-15. EXEMPTIONS.--

A. Except for the provisions of [
Section
]
Sections
61-2-14.1 and
61-2-16 NMSA 1978 and as provided in this
subsection, the Optometry Act does not apply to a licensed
physician or a person, clinic or program under [
his
]
the
licensed physician's
responsible supervision and control,
provided that the person, clinic or program under the
responsible supervision and control of the licensed physician
shall not use either loose or fixed trial lenses for the sole
purpose of determining the prescription for eyeglasses or
contact lenses.

B. Except as provided in Sections 61-2-2, 61-2-14,
61-2-16 and 61-2-17 NMSA 1978, the Optometry Act does not apply
to a person selling eyeglasses who does not represent [
himself
]

the person's own self
as being qualified to detect or correct
ocular anomalies and who does not traffic upon assumed skill in
adapting ophthalmic lenses to the eyes."