N.M. Stat. § 61-2-13

Current through 2024, ch. 69
Section 61-2-13 - [Repealed effective 7/1/2024] Refusal, suspension or revocation of license

The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], for any of the following reasons:

A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;
B. malpractice or incompetence;
C. continued practice by a person knowingly having an infectious or contagious disease;
D. advertising by means of knowingly false, misleading or deceptive statements or advertising or attempting to practice under a name other than one's own;
E. habitual drunkenness or addiction to the use of habit-forming drugs;
F. aiding or abetting in the practice of optometry any person not duly licensed to practice optometry in this state;
G. lending, leasing or in any other manner placing his certificate of license at the disposal or in the service of any person not licensed to practice optometry in this state;
H. employing, procuring or inducing an unlicensed person to practice optometry in this state;
I. violating any of the provisions of the Optometry Act; or
J. committing any act defined as "unprofessional conduct" by regulation of the board filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. Without limiting the right of the board to determine what acts on the part of a licensee constitute unprofessional conduct, the following acts shall be deemed to be unprofessional conduct:
(1) any conduct of a character tending to deceive or defraud the public;
(2) the obtaining of a fee by fraud or misrepresentation;
(3) charging unusual, unreasonable or exorbitant fees;
(4) "splitting" or dividing a fee with any person;
(5) advertising professional superiority;
(6) advertising by any means, or granting, a discount for professional services, prosthetic devices, eyeglasses, lenses, frames or mountings whether sold separately or as part of the professional services; or
(7) using any type of "price advertising" which would tend to imply the furnishing of professional services without cost or at a reduced cost to the public.

NMS § 61-2-13

1953 Comp., § 67-1-11, enacted by Laws 1973, ch. 353, § 11.