New Mexico
Register / Volume XXXVI, Issue 22 / November 18, 2025
NOTICE OF PUBLIC RULE HEARING AND BOARD OF OPTOMETRY
MEETING
The New Mexico Board of Optometry and the Regulation and
Licensing Department will hold a rule hearing on Friday, December 19, 2025, at
9:00 a.m., immediately followed by a meeting of the board for adoption of the
proposed rules listed below. Public participation is welcomed, and comments may
be submitted in writing during the public comment period, or in person during
the public rule hearing. The hearing and subsequent meeting will take place at
the Regulation and Licensing Department, Toney Anaya Building, located at 2550
Cerrillos Road, Santa Fe, New Mexico 87505.
The hearing and subsequent Board of Optometry meeting
may also be accessed virtually via Microsoft Teams.
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
or
Join 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 16.16.2.8 NMAC
APPLICATION PROCESSING FEE
Rule 16.16.2.23 NMAC OTHER
ADMINISTRATIVE FEES
Rule 16.16.13.8 NMAC
CONTINUING EDUCATION
Rule 16.16.22.8 NMAC
DISCIPLINARY PROCEEDINGS
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:
Attn: New Mexico Board of Optometry
P.O. Box 25101
Santa Fe, NM 87504
Written comments received during the public comment
period (November 18, 2025 December 19, 2025) will be posted to the website
page linked above. Public comments will also be accepted during the rule
hearing and may be submitted in writing or presented orally by those attending
in-person. The members of the New Mexico Board of Optometry will not enter
substantive discussion of public comments during the rule hearing but will
consider and deliberate any public comment during the regular board meeting immediately
following the conclusion of the public rule hearing.
The agenda for the New Mexico Board of Optometry
regular meeting, which will begin immediately after the public rule hearing,
will be available no less than 72 hours prior to the meeting, and available on
the website above or by contacting the board Senior Manager, Dr. Arthur
Culpepper at (505) 470-2298.
If you are an individual with a disability who needs a
reader, amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing or the regular
board meeting, please contact the Senior Manager, Dr. Arthur Culpepper at (505)
470-2298 at least 7 days prior to the rules hearing and regular board meeting.
Public documents, including the proposed rules, meeting agenda and minutes, can
be provided in various accessible formats.
For inclement weather: If the New Mexico state offices
are placed on a two-hour delay to inclement weather, the rule hearing will be
pushed back two hours from the noticed hearing time. If New Mexico state
offices are closed due to inclement weather, the rule hearing will be
rescheduled as soon as possible.
Statutory Authority:
The proposed rule changes are authorized by the Optometry Act, Sections 61-2-5 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
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 Boards statutory obligation to promote,
preserve and protect the public health, safety and welfare.
Summary of
Proposed Changes:
Rule 16.13.2.8 NMAC Application Processing 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.
Rule 16.16.2.23 NMAC Other Administrative Fees
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.
Rule 16.16.13.8 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.
Rule 16.16.22.8 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.