HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 199
47th legislature - STATE OF NEW MEXICO - first session, 2005
AN ACT
RELATING TO THE PRACTICE OF OPTOMETRY; AMENDING AND ENACTING CERTAIN SECTIONS OF THE OPTOMETRY ACT.
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":
(1) means:
(a) 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; [and]
(b) 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, treatment or referral of visual defects or abnormal conditions of the human eye and its adnexa; and
[(2) does not include the use of surgery or injections in the treatment of eye diseases;]
(c) if certified by the board, the use of: 1) laser posterior capsulotomy; laser trabeculoplasty; laser iridotomy; laser iridoplasty; photorefractive keratectomy; and phototherapeutic keratectomy; and 2) minor surgical procedures and injections for the correction, relief, treatment or referral of visual defects or abnormal conditions of the human eye and its adnexa, including removal of superficial lesions on the eyelid and conjunctiva, subcutaneous and subconjunctival anesthetic injections and intralesional steroid injections of chalazions and injection to treat anaphylactic reaction; and
(2) does not include the use of lasik procedures;
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, including a plano 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 topical ocular pharmaceutical agent or an oral 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 61-2-10.2 NMSA 1978 (being Laws 1995, Chapter 20, Section 5, as amended) is amended to read:
"61-2-10.2. [DESIGNATION OF] ORAL PHARMACEUTICAL AGENTS--
CERTIFICATION FOR USE OF CERTAIN AGENTS.--
A. Subject to the provisions of the Optometry Act, optometrists qualified and certified by the board may prescribe or administer the following classes of oral pharmaceutical agents:
(1) anti-infective medications, not including antifungals;
(2) anti-glaucoma medications, not including osmotic medications;
(3) anti-allergy medications;
(4) anti-inflammatory medications [not including oral corticosteroids and immunosuppression agents]; and
(5) analgesic medications, including schedules III through V controlled substances, as provided in the Controlled Substances Act.
B. The board shall issue certification for the use of oral pharmaceutical agents as set forth in Subsection A of this section to optometrists [currently] who were licensed by the board prior to July 1, 1996 and who are certified for the use of topical ocular pharmaceutical agents. To be certified, an optometrist shall submit to the board proof of having satisfactorily completed a course in pharmacology as applied to optometry, with particular emphasis on the administration of oral pharmaceutical agents, including corticosteroids and immunosuppression agents, for the purpose of examination of the human eye, and analysis of ocular functions and treatment of visual defects or abnormal conditions of the human eye and its adnexa. The course shall constitute a minimum of twenty hours of instruction in clinical pharmacology, including systemic pharmacology as applied to optometry, and shall be taught by an accredited institution approved by the board.
C. [As of] On and after July 1, 1996, all applicants for licensure shall meet the requirements for certification in the use of diagnostic, topical therapeutic and oral pharmaceutical agents as set forth in the Optometry Act and shall successfully complete the board's examination in diagnostic, topical and oral pharmaceutical agents prior to licensure.
D. The certification authorized by this section shall be displayed in a conspicuous place in the optometrist's principal office or place of business."
Section 3. A new section of the Optometry Act is enacted to read:
"[NEW MATERIAL] CERTIFICATION FOR USE OF SURGICAL PROCEDURES AND INJECTIONS.--
A. Except as provided in Subsection D of this section, no person shall use the surgical procedures and injections described in Subparagraph (c) of Paragraph (1) of Subsection A of Section 61-2-2 NMSA 1978 in the practice of optometry without first being certified for such use by the board pursuant to the provisions of this section.
B. The board shall issue the certification to licensed optometrists who:
(1) have been certified to prescribe and administer oral pharmaceutical agents pursuant to Section 61-2-10.2 NMSA 1978; and
(2) submit proof to the board of having successfully completed education from a school or college of optometry, approved and accredited by the board, demonstrating that the optometrist is competent in the use of those surgical procedures and injections included in the practice of optometry.
C. The certification authorized by this section shall be displayed in a conspicuous place in the optometrist's principal office or practice location.
D. Nothing in this section requires certification for a licensed optometrist to insert punctal plugs, treat the lacrimal gland and lacrimal drainage system, remove foreign bodies or epilate eyelashes."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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