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| The New Mexico Board of Optometry will hold a rule hearing on Friday, December 19, 2025, at 9:00 a.m. Following the rule hearing, the Board will convene a regular board meeting to adopt the rules and take care of regular board business. The rule hearing and board meeting will be held at the Regulation and Licensing Department, 2550 Cerrillos Road, Santa Fe, NM 87505, 2nd Floor - Rio Grande Conference Room for those desiring to attend in person.
The meeting will also be held via Microsoft Teams Meetings for those desiring to attend virtually.
Meeting Link: https://teams.microsoft.com/meet/2612364332724?p=rRNLqsweJO221wScfI or by Meeting ID: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 261 236 433 272 4
Passcode: fH9TF7bm
Dial in by phone
+1-505-312-4308#
Phone conference ID: 205 427 871#
The purpose of the rule hearing is to consider the initiation of rulemaking for the following rules:
Rule 16.16.2 NMAC – Application Processing Fee
Rule 16.16.13 NMAC – Continuing Education
Rule 16.16.22 NMAC – Disciplinary Proceedings
Statutory Authority: The proposed rule changes are authorized by the Optometry Act, Sections 61-2-1 through 61-2-18, NMSA 1978, which provides explicit authority for the board to promulgate rules to protect public health and safety and carry out the provisions of the Act. The rulemaking and public rule hearing is governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978, and the Default Procedural Rule for Rulemaking promulgated by the New Mexico Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose of the Proposed Rules: The proposed rule changes are intended to add an administrative fee for electronic processing to allow the board to pay for the ongoing maintenance and licensing of the NM-Plus system. More generally, the proposed rule changes are intended to provide greater clarity in existing regulatory and statutory requirements, ensure continued high levels of professionalism among licensees and certificate holders, and to generally satisfy the Board’s statutory obligation to promote, preserve and protect the public health, safety and welfare.
Summary of Proposed Changes:
16.16.2 NMAC – Fees: Changes to this rule will allow for a ten dollar ($10) administrative fee for electronic processing per year to fund the ongoing maintenance and licensing of the NM-Plus system. In addition, changes to this rule will allow for a thirty-five ($35) returned check or returned electronic check processing fee for returned checks or electronic checks.
16.16.13 NMAC – Continuing Education: Changes to this rule will allow an individual who submits records or a sworn affidavit on their renewal application to demonstrate compliance with continuing education requirements but is found to be non-compliant during a random audit will be subject to fines and other penalties determined appropriate by the board.
16.16.22 NMAC – Disciplinary Proceedings: Changes to this rule will allow for an individual who submits records or a sworn affidavits to demonstrate compliance with information requested by investigators or representatives of the board within a ten (10) day business day time period.
On Tuesday, November 18, 2025, copies of the proposed rules may be obtained through the New Mexico Board of Optometry website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/optometry/board-information/ or by contacting the Senior Manager, Dr. Arthur Culpepper at (505) 470-2298.
The New Mexico Board of Optometry and the Regulation and Licensing Department will begin accepting written public comment regarding the proposed rule changes beginning Tuesday, November 18, 2025, 9:00 a.m. and ending Friday, December 19, 2025, 9:00 a.m., written public comment may be submitted either by email to: optometry.bd@rld.nm.gov or by postal mail to the following address:
New Mexico Board of Optometry
P.O. Box 25101
Santa Fe, NM 87505
The agenda will be posted and available at least 72 hours before the meeting on the Board’s website.
An individual with a disability who needs a reader, amplifier, qualified signed language interpreter, or other form of auxiliary aid or service to attend or participate in the meeting should contact Dr. Arthur Culpepper, Senior Manager at (505) 470-2298. |
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