N.M. Stat. § 61-2-15 (2026)

A. Except for the provisions of Section 61-2-16 NMSA 1978 and as provided in this
subsection, the Optometry Act does not apply to a licensed physician or a person, clinic
or program under his responsible supervision and control, provided that the person,
clinic or program under the responsible supervision and control of the licensed
physician shall not use either loose or fixed trial lenses for the sole purpose of
determining the prescription for eyeglasses or contact lenses.

   B. Except as provided in Sections 61-2-2, 61-2-14, 61-2-16 and 61-2-17 NMSA
1978, the Optometry Act does not apply to a person selling eyeglasses who does not
represent himself as being qualified to detect or correct ocular anomalies and who does
not traffic upon assumed skill in adapting ophthalmic lenses to the eyes.

History: 1953 Comp., § 67-1-13, enacted by Laws 1973, ch. 353, § 13; 2003, ch. 274, §
6.

                                    ANNOTATIONS

The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a
detailed comparison is impracticable.

Person who duplicates ophthalmic lens without prescription is practicing
optometry and as such must be licensed under the act or is in violation of the same.
1954 Op. Att'y Gen. No. 54-5909.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and
Other Health-Care Providers § 13.
61-2-16. Freedom of choice.
    A. In expending public money for any purpose involving the care of vision, any state
board, commission or department created or existing by statute, including public
schools or other state or municipal agencies or any of their employees, who, in the
performance of their duties, are responsible for such expenditures shall not, directly or
indirectly, refer the name or address of any particular ocular practitioner or system of
practice to any person eligible for a vision examination or the correction of any visual or
muscular anomaly, except in emergency situations.

   B. Every policy of insurance or medical or health service contract providing for
payment or reimbursement for any eye care service shall be construed to include
payment or reimbursement for professional services rendered by a licensed optometrist,
and no insurance policy or medical or health service contract shall discriminate between
ocular practitioners rendering similar services.

History: 1953 Comp., § 67-1-14, enacted by Laws 1973, ch. 353, § 14; 1985, ch. 241, §
6; 2003, ch. 274, § 7.

                                     ANNOTATIONS

The 2003 amendment, effective June 20, 2003, deleted the last sentence in
Subsection A which read: "For the purpose of this subsection, 'ocular practitioner'
includes all validly licensed optometrists, physicians and surgeons."