0001| AN ACT | 0002| RELATED TO OPTOMETRY; BROADENING THE DEFINITION OF THE PRACTICE OF | 0003| OPTOMETRY; PERMITTING LASER SURGERY AND THE PRESCRIBING AND | 0004| ADMINISTERING OF CERTAIN MEDICATIONS BY OPTOMETRISTS. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 61-2-2 NMSA 1978 (being Laws 1973, Chapter 353, Section 2, as | 0008| amended) is amended to read: | 0009| "61-2-2. DEFINITIONS.--As used in the Optometry Act: | 0010| A. "practice of optometry" means: | 0011| (1) the employment of any subjective or objective means or methods, | 0012| including the prescription or administration of topical ocular and certain oral pharmaceutical | 0013| agents, for the purpose of determining the visual defects or abnormal conditions of the human | 0014| eye and its adnexa; and | 0015| (2) the employing, adapting or prescribing of preventive or corrective | 0016| measures, including low vision rehabilitation, orthoptics, vision therapy, lenses, prisms, contact | 0017| or corneal lenses or other optical appliances; laser posterior capsulotomy; laser trabeculoplasty; | 0018| laser iridotomy; laser iridoplasty; photorefractive keratectomy; phototherapeutic keratectomy; | 0019| subcutaneous injections; subconjunctival injections; subtenons injections; and prescribing or | 0020| administering topical ocular pharmaceutical agents and oral pharmaceutical agents, as authorized | 0021| in Section 61-2-10.2 NMSA 1978, for the correction, relief or referral of visual defects or | 0022| abnormal conditions of the human eye and its adnexa. The "practice of optometry" shall not | 0023| include the use of incisional surgery, intraocular injections and retrobulbar injections. No | 0024| optometrist shall administer an injection in the eye or perform laser posterior capsulotomy; laser | 0025| trabeculoplasty; laser iridotomy; laser iridoplasty; photorefractive keratectomy; phototherapeutic | 0001| keratectomy; subcutaneous injections; subconjunctival injections; or subtenons injections, unless | 0002| certified to do so by the board. Upon seeking board certification to perform laser surgery or | 0003| injections, an optometrist shall submit documentation to the board that the optometrist has | 0004| successfully completed instruction offered by an accredited school or college of optometry | 0005| regarding performance of laser surgery or injections. Persons who sell or dispense eyeglasses | 0006| upon prescription and who do not prescribe ophthalmic lenses for the eyes shall not employ, | 0007| adapt, dispense, modify, provide, sell, give or fit contact or corneal lenses; and provided further, | 0008| the testing, design, dispensing and monitoring of a contact lens fitting shall be performed at the | 0009| optometrist's place of practice; | 0010| B. "ophthalmic lens" means a lens that has a spherical, cylindrical or prismatic | 0011| value and that is ground pursuant to a prescription and intended to be used as eyeglasses or | 0012| spectacles; | 0013| C. "contact or corneal lens" means any lens to be worn on the anterior segment of | 0014| the human eye, to be prescribed, dispensed, adapted, employed, modified, provided, sold and | 0015| fitted by a licensed optometrist or physician; | 0016| D. "prescription" means a formula written for ophthalmic lenses, for a topical | 0017| ocular pharmaceutical agent or for an oral pharmaceutical agent as authorized in Section | 0018| 61-2-10.2 NMSA 1978 that comes under the provisions of the New Mexico Drug, Device and | 0019| Cosmetic Act by a person duly licensed and containing the following essential elements: | 0020| (1) an order given individually for the person for whom prescribed, either | 0021| directly from the prescriber to the pharmacist or indirectly by means of a written order signed by | 0022| the prescriber, that bears the name and address of the prescriber, his license classification, the | 0023| name and address of the patient, the name and quantity of the drug prescribed, directions for use | 0024| and the date of issue; or | 0025| (2) dioptric power of spheres, cylinders and prisms, axes of cylinders, | 0001| position of prism base and, if so desired by the prescriber, light transmission properties and lens | 0002| curve values; | 0003| (3) designation of pupillary distance; and | 0004| (4) name of patient, date of prescription, expiration date and the name and | 0005| office location of prescriber; provided, however, that: | 0006| (5) those who sell and dispense eyeglasses upon the written prescription | 0007| of a physician, surgeon or optometrist may determine the: | 0008| (a) type, form, size and shape of ophthalmic lenses; | 0009| (b) placement of optical centers for distance-seeing and near-work; | 0010| (c) designation of type and placement of reading segments in | 0011| multivision lenses; | 0012| (d) type and quality of frame or mounting, type of bridge and | 0013| distance between lenses, type, length and angling of temples; and | 0014| (e) designation of pupillary distance; | 0015| E. "eyeglasses" means any exterior optical device using ophthalmic lenses for the | 0016| correction or relief of disturbances in and anomalies of human vision and includes spectacles and | 0017| other devices using ophthalmic lenses; and | 0018| F. "board" means the board of optometry." | 0019| Section 2. Section 61-2-10.2 NMSA 1978 (being Laws 1995, Chapter 20, Section 5, as | 0020| amended) is amended to read: | 0021| "61-2-10.2. DESIGNATION OF ORAL PHARMACEUTICAL AGENTS-- | 0022| CERTIFICATION FOR USE OF CERTAIN AGENTS.-- | 0023| A. Subject to the provisions of the Optometry Act, optometrists qualified and | 0024| certified by the board may prescribe or administer the following classes of oral pharmaceutical | 0025| agents: | 0001| (1) anti-infective medications, not including antifungals; | 0002| (2) anti-glaucoma medications, not including osmotic medications; | 0003| (3) anti-allergy medications; | 0004| (4) anti-inflammatory medications; and | 0005| (5) analgesic medications, including Schedules III through V controlled | 0006| substances, as provided in the Controlled Substances Act. | 0007| B. The board shall issue certification for the use of oral pharmaceutical agents as | 0008| set forth in Subsection A of this section to optometrists currently licensed by the board who are | 0009| certified for the use of topical ocular pharmaceutical agents. To be certified, an optometrist shall | 0010| submit to the board proof of having satisfactorily completed a course in pharmacology as applied | 0011| to optometry, with particular emphasis on the administration of oral pharmaceutical agents, | 0012| including corticosteroids and immuno-suppression agents, for the purpose of examination of the | 0013| human eye, and analysis of ocular functions and treatment of visual defects or abnormal | 0014| conditions of the human eye and its adnexa. The course shall constitute a minimum of twenty | 0015| hours of instruction in clinical pharmacology, including systemic pharmacology as applied to | 0016| optometry, and shall be taught by an accredited institution approved by the board. | 0017| C. As of July 1, 1996, all applicants for licensure shall meet the requirements for | 0018| certification in the use of diagnostic, topical therapeutic and oral pharmaceutical agents as set | 0019| forth in the Optometry Act and shall successfully complete the board's examination in diagnostic, | 0020| topical and oral pharmaceutical agents prior to licensure. | 0021| D. The certification authorized by this section shall be displayed in a conspicuous | 0022| place in the optometrist's principal office or place of business." | 0023| Section 3. A new section of the Optometry Act, Section 61-2-10.3 NMSA 1978, is | 0024| enacted to read: | 0025| "61-2-10.3. STANDARD OF CARE.--An optometrist who performs refractive | 0001| and laser procedures as defined in Paragraph (2) of Subsection A of Section 61-2-2 NMSA | 0002| 1978 shall be held to the same standard of care as a licensed physician who performs the | 0003| same procedures." |