2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 2 - Optometry
Section 61-2-13 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2024.)
The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], for any of the following reasons:
A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;
B. malpractice or incompetence;
C. continued practice by a person knowingly having an infectious or contagious disease;
D. advertising by means of knowingly false, misleading or deceptive statements or advertising or attempting to practice under a name other than one's own;
E. habitual drunkenness or addiction to the use of habit-forming drugs;
F. aiding or abetting in the practice of optometry any person not duly licensed to practice optometry in this state;
G. lending, leasing or in any other manner placing his certificate of license at the disposal or in the service of any person not licensed to practice optometry in this state;
H. employing, procuring or inducing an unlicensed person to practice optometry in this state;
I. violating any of the provisions of the Optometry Act; or
J. committing any act defined as "unprofessional conduct" by regulation of the board filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. Without limiting the right of the board to determine what acts on the part of a licensee constitute unprofessional conduct, the following acts shall be deemed to be unprofessional conduct:
(1) any conduct of a character tending to deceive or defraud the public;
(2) the obtaining of a fee by fraud or misrepresentation;
(3) charging unusual, unreasonable or exorbitant fees;
(4) "splitting" or dividing a fee with any person;
(5) advertising professional superiority;
(6) advertising by any means, or granting, a discount for professional services, prosthetic devices, eyeglasses, lenses, frames or mountings whether sold separately or as part of the professional services; or
(7) using any type of "price advertising" which would tend to imply the furnishing of professional services without cost or at a reduced cost to the public.
History: 1953 Comp., § 67-1-11, enacted by Laws 1973, ch. 353, § 11.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-2-18 NMSA 1978.
Constitutional basis for prohibitions against advertising. — Laws prohibiting price advertising and similar advertising by professional persons have as their constitutional basis the rationale that the state has such an interest in the health of its citizens that it may prevent advertising or price promulgation by professional individuals engaged in treating the human body or any part thereof. 1963 Op. Att'y Gen. No. 63-119 (rendered under former law).
Applicability to optometrists in state. — An optometrist doing business in New Mexico must carry on the profession in accordance with the laws of this state. 1969 Op. Att'y Gen. No. 69-80.
Out-of-state advertising. — The placing of prohibited trade advertising with out-of-state media by a New Mexico optometrist fell within the prohibition of the former New Mexico Optometry Act (67-7-1, 1953 Comp. et seq.). 1969 Op. Att'y Gen. No. 69-80.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 100.
Right of corporation or individual, not himself licensed, to practice optometry through licensed employee, 102 A.L.R. 343, 128 A.L.R. 585.
Revocability of license for fraud or other misconduct before or at time of its issuance, 165 A.L.R. 1138.
Stay pending review of judgment or order revoking or suspending license, 166 A.L.R. 575.
Validity of governmental regulation of optometry, 22 A.L.R.2d 939.
Comment note on hearsay evidence in proceedings before state administrative agencies, 36 A.L.R.3d 12.
Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.
Ophthalmological malpractice, 30 A.L.R.5th 571.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 35 to 42.
