New Mexico Register / Volume XXXIII, Issue 3 / February 8, 2022

TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 16 OPTOMETRIC PRACTITIONERS

PART 25 LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS

16.16.25.1 ISSUING AGENCY: New Mexico Board of Optometry.

[16.16.25.1 NMAC – Rp 16.16.25.1 NMAC, 2/26/2022]

16.16.25.2 SCOPE: Part 25 of Chapter 16 sets forth application procedures to expedite licensure for military service members, their spouses and veterans.

[16.16.25.2 NMAC – Rp 16.16.25.2 NMAC, 2/26/2022]

16.16.25.3 STATUTORY AUTHORITY: Part 25 of Chapter 16 is promulgated pursuant to and in accordance with the Optometry Act, Sections 61-2-1 to 18 NMSA 1978 (specific authority to promulgate rules is Subsection D of 61-2-6 NMSA 1978 and, Section 61-1-34 NMSA 1978.

[16.16.25.3 NMAC - Rp 16.16.25.3 NMAC, 2/26/2022]

16.16.25.4 DURATION: Permanent.

[16.16.25.4 NMAC – Rp 16.16.25.4 NMAC, 2/26/2022]

16.16.25.5 EFFECTIVE DATE: February 26, 2022, unless a later date is cited at the end of a section.

[16.16.25.5 NMAC - Rp 16.16.25.5 NMAC, 2/26/2022]

16.16.25.6 OBJECTIVE: The purpose of this part is to expedite licensure for military service members, their spouses, their dependent children and veterans pursuant to Section 61-1-34 NMSA 1978.

[16.16.25.6 NMAC - Rp 16.16.25.6 NMAC, 2/26/2022]

16.16.25.7 DEFINITIONS:

A. “License” has the same meaning as defined in Subsection F of Section 61-1-34 NMSA 1978.

B. "Licensing fee" has the same meaning as defined in Subsection F of Section 61-1-34 NMSA 1978.

C. “Military service member” has the same meaning as defined in Subsection F of Section 61-1-34 NMSA 1978.

D. "Substantially equivalent" means the determination by the board that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements of the Optometry Act.

E. “Veteran” has the same meaning as defined in Subsection F of Section 61-1-34 NMSA 1978.

[16.16.25.7 NMAC - Rp 16.16.25.7 NMAC, 2/26/2022]

16.16.25.8 APPLICATION REQUIREMENTS:

A. Applications for registration shall be completed on a form provided by the board.

B. The applicant shall provide a complete application that includes the following

information:

(1) applicant’s full name;

(2) current mailing address;

(3) current electronic mail address, if any;

(4) date of birth;

(5) certification that the applicant has not been convicted of a disqualifying felony listed in

16.16.26 NMAC;

(6) proof as described in Subsection C below.

C. The applicant shall provide the following satisfactory evidence as follows:

(1) applicant is currently licensed and in good standing in another jurisdiction, including a

branch of the United States armed forces;

(2) applicant has met the minimal licensing requirements in that jurisdiction and the minimal

licensing requirements in that jurisdiction are substantially equivalent to the licensing requirements for New Mexico; and

(3) the following documentation:

(a) for military service member: copy of military orders;

(b) for spouse of military service members: copy of military service member’s

military orders, and copy of marriage license;

(c) for spouses of deceased military service members: copy of decedent’s DD 214

and copy of marriage license;

(d) for dependent children of military service members: copy of military service

member’s orders listing dependent child, or a copy of military orders and one of the following: copy of birth

certificate, military service member’s federal tax return or other governmental or judicial documentation

establishing dependency;

(e) for veterans (retired or separated): copy of DD 214 showing proof of honorable

discharge.

D. The license or registration shall be issued by the board/commission as soon as practicable but no later than thirty days after a qualified military service member, spouse, dependent child, or veteran files a complete application and provides a background check if required for a license, and any required fees.

E. Military service members and veterans shall not pay and the board shall not charge a licensing fee for the first three years for a license issued pursuant to this rule.

F. A license issued pursuant to this section shall be valid for the time period that is specified in the Optometry Act.

[16.16.25.8 NMAC - Rp 16.16.25.8 NMAC, 2/26/2022]

16.16.25.9 LICENSE RENEWAL:

A. A license issued pursuant to this section shall not be renewed unless the licensee holder satisfies the requirements for renewal set forth in 16.16.6 NMAC pursuant to Chapter 61, Article 2 NMSA 1978.

B. As a courtesy, the board, will send via electronic mail license renewal notifications to licensees or registrants before the license expiration date to the last known email address on file with the board. Failure to receive the renewal notification shall not relieve the licensee or registrant of the responsibility of timely renewal on or before the expiration date.

[16.16.25.9 NMAC - Rp 16.16.25.9 NMAC, 2/26/2022]

History of 16.16.25 NMAC:

History of Repealed Materials:

16.16.25 NMAC, Licensure for Military Service Members (filed 4/24/20214) repealed effective 2/26/2022.

Other History:

16.16.25 NMAC, Licensure for Military Service Members (filed 4/24/2014) was replaced by 16.16.25 NMAC, Licensure for Military Service Members, effective 2/26/2022