New
Mexico Register / Volume XXXII, Issue 21 / November 9, 2021
NOTICE OF PUBLIC RULE HEARING AND REGULAR BOARD MEETING
The New Mexico
Board of Optometry will hold a rule hearing on Tuesday December 14, at 8:15
a.m. Following the rule hearing, the Board
will convene a regular board meeting to adopt the rules and take care of
regular business. The rule hearing and board meeting will be held at the
Regulation and Licensing Department, 2550 Cerrillos Road, Santa Fe, NM, in the
Rio Grande Conference Room for those desiring to attend in person.
Face masks are required to be worn in
the Toney Anaya Building for all in-person attendees.
The meeting
will also be held via Cisco Webex Meetings for those desiring to attend
virtually.
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=ec22a72719dbad879a2b11cf7c3712c03
To join the
meeting by phone: 1-415-655-0002 United
States Toll
Access Code: 2490 658 3741
The purpose of
the rule hearing is to consider proposed amendments to the following
rules:
16.16.3
NMAC – Requirements for Licensure by
Examination
16.16.4
NMAC – Requirements for Licensure by
Endorsement
16.16.10
NMAC – Renewal of New Mexico Optometry License
16.16.21
NMAC – Unprofessional Conduct
16.16.25
NMAC – Licensure for Military Service Members, Spouses and Veterans.
To obtain and
review copies of the proposed changes and public comments, you may go to the
Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/optometry/optometry-board-information/optometry-board-meetings/
or contact the Boards and
Commissions Division at (505) 476-4622.
The Board is
currently accepting public written comments on the proposed amendments. Please submit written comments on the
proposed changes to Jennie James, Board Administrator, via electronic mail
at: Optometry.Bd@state.nm.us or by regular mail at P.O. Box 25101,
Santa Fe, NM 87504, no later than Monday, December 13, 2021. Written comments
received prior to the rule hearing will be posted to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/optometry/optometry-rules-and-laws/. Persons will also be given the
opportunity to present their written or oral comments at the public rule
hearing.
The
agenda for the board meeting will be posted and available at least 72 hours
before the meeting on the Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/optometry/optometry-board-information/optometry-board-meetings/. Copies of the rules or the agenda may also be obtained by
contacting Jennie James, Board Administrator at (505) 476-4622.
An individual
with a disability who is in need of a reader, amplifier, qualified sign
language interpreter, or other form of auxiliary aid or service to attend or
participate in the hearing, please contact Jennie James, Board Administrator
(505) 476-4622.
Statutory Authority: The Optometry Act, NMSA 1978, Sections 61-2-1 to -18. Section 61-2-6(E)(2) specifically provides that the board shall “adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Optometry Act.” Additional legal authority for this rulemaking can be found in the Uniform Licensing Act, NMSA 1978, Sections 61-1-1 to -36.
Purpose and Summary of the Proposed
Rules Changes:
16.16.3 NMAC – Requirements
for Licensure by Examination
The
amendments to this part include removal of the requirement for applicants to
submit a copy of their birth certificate as well as the removal of the notary
requirement because licensure is going to be completed using an online system
moving forward. Other amendments include
a stylistic change with respect to numbering as well as the addition of a
requirement to provide proof of any disqualifying criminal conviction which is
further described in a proposed amendment to 16.16.21 NMAC.
16.16.4 NMAC – Requirements
for Licensure by Endorsement
The
amendments to this part include removal of the requirement for applicants to
submit a copy of their birth certificate as well as the removal of the notary
requirement because licensure is going to be completed using an online system
moving forward. Other amendments include
the addition of a requirement to provide proof of any disqualifying criminal
conviction which is further described in a proposed amendment to 16.16.21 NMAC.
16.16.10 NMAC – Renewal of
New Mexico Optometry License
The
amendments to this part include the revision of citations to legal authority in
16.16.10.3 as well as the addition of a requirement to provide proof of any
disqualifying criminal conviction which is further described in a proposed
amendment to 16.16.21 NMAC.
16.16.21 NMAC –
Unprofessional Conduct
The amendment
to this part adds a new section to the rule to comply with the 2021 legislative
change regarding SB2. The proposed
amendment sets out what criminal felony convictions directly relate to the
particular employment, trade, business or profession of Optometry that may
disqualify the applicant or licensee from holding a license. Additional amendments include a reference to
the definition of “disqualifying criminal conviction” as defined in Subsection
E of Section 16-1-36, NMSA 1978.
16.16.25 – Licensure for
Military Service Members, Spouses and Veterans
The amendments
to this part includes changes due to the 2021 legislative change regarding
HB120 Military Spouses Expedited Licensure.
The proposed rule changes the time for approving an application for
license from sixty days to thirty days and removes "recent" from the
definition of veteran. The rule also
sets out application and renewal requirements.