New Mexico § 61-2-14.1 - Contact lenses; spectacles; limitations on prescriptions; criminal penalty; civil remedy; exceptions

§ 61-2-14.1. Contact lenses; spectacles; limitations on prescriptions; criminal penalty; civil remedy; exceptions

A. Unless the person is licensed pursuant to the Optometry Act or the Medical Practice

Act, a person shall not: (1) perform an eye examination on an individual physically located in the state at

the time of the eye examination; or (2) write a prescription for contact lenses or spectacles. B. A person shall not write a prescription for contact lenses or spectacles unless

an eye examination is performed before writing the prescription. The prescription shall take into consideration any medical findings and any refractive

error determined during the eye examination. C. A person who violates a provision of this section is guilty of a misdemeanor and

shall be sentenced pursuant to Section 31-19-1 NMSA 1978 . D. The board of optometry, the New Mexico medical board or any other person potentially

aggrieved by a violation of this section may bring a suit in a court of competent

jurisdiction to enjoin a violation of a provision of this section. E. Nothing in this section shall be construed to prohibit: (1) a health care provider from using telehealth in accordance with the provisions

of the New Mexico Telehealth Act for ocular diseases; (2) a vision screening performed in a school by a nurse, physician assistant, osteopathic

physician assistant or another provider otherwise authorized pursuant to state law; (3) an optician from completing a prescription for spectacles or contact lenses in

accordance with the provisions of the Optometry Act; (4) a technician from providing an eye care screening program at a health fair, not-for-profit

event, not-for-profit public vision van service, public health event or other similar

event; (5) a physician assistant licensed pursuant to the Medical Practice Act, or an osteopathic

physician assistant licensed pursuant to the Medical Practice Act, working under the

supervision of an ophthalmologist licensed pursuant to the Medical Practice Act, from

performing an eye examination on an individual physically located in the state at

the time of the eye examination; or (6) a vision screening performed by another provider otherwise authorized pursuant

to state law. F. As used in this section: (1) “ autorefractor ” means any electronic computer or automated testing device used remotely, in person

or through any other communication interface to provide an objective or subjective

measurement of an individual's refractive error; (2) “ contact lens ” means any lens placed directly on the surface of the eye, regardless of whether

or not it is intended to correct a visual defect, including any cosmetic, therapeutic

or corrective lens; (3) “ eye examination ” means an in-person assessment at a physician's office or an optometrist's office,

in a hospital setting or in a hospital health system setting that: (a) is performed in accordance with the applicable standard of care; (b) consists of an assessment of the ocular health and visual status of an individual; (c) does not consist of solely objective or subjective refractive data or information

generated by an automated testing device, including an autorefractor or kiosk, in

order to establish a medical diagnosis or for the determination of refractive error;

and (d) is performed on an individual who is physically located in this state at the time

of the assessment; (4) “ kiosk ” means any automatic or electronic equipment, application or computer software designed

to be used on a telephone, teleconference device, computer, virtual reality device

or internet-based device that can be used remotely, in person or through any other

communication interface to conduct an eye examination or determine refractive error; (5) “ prescription ” means an optometrist's or ophthalmologist's handwritten or electronic order for

spectacle lenses or contact lenses based on an eye examination that corrects refractive

error; and (6) “ spectacles ” means an optical instrument or device worn or used by an individual that has one

or more lenses designed to correct or enhance vision addressing the visual needs of

the individual wearer, commonly known as “glasses” or “eyeglasses”, including spectacles

that may be adjusted by the wearer to achieve different types of visual correction

or enhancement. “Spectacles” does not mean: (a) an optical instrument or device that is not intended to correct or enhance vision

or that does not require consideration of the visual status of the individual who

will use the optical instrument or device; or (b) eyewear that is sold without a prescription.