N.M. Admin. Code § 16.16.19.16

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.16.19.16 - LIMITATIONS ON, OR REFUSAL TO GIVE REPLACEMENT CONTACT LENS PRESCRIPTION

A. An optometrist may exclude categories of contact lenses from a replacement contact lens prescription if the exclusion is clinically indicated.

B. An optometrist may refuse to provide a replacement contact lens prescription to a patient if:

(1) the patient's ocular health presents a contraindication for contact lenses;

(2) the refusal is warranted due to potential harm to the patient's ocular health;

(3) the patient has a medical condition indicating that:

(a) the patient's ocular health would be damaged if the prescription were released to the patient; or

(b) further monitoring of the patient is needed;

(4) the request is made after the second anniversary of the date of the patient's last contact lens/eye examination.

C. If an optometrist refuses to give a patient his or her replacement contact lens prescription for any reason permitted under Subsection B of 16.16.19.16 NMAC, the optometrist must do the following:

(1) give the patient a verbal explanation of the reason for the action at the time of the action; and

(2) record and maintain, in the patient's records, a written explanation of the reasons given for refusal.

D. Subsection B of 16.16.19.16 NMAC does not prohibit an optometrist from giving a patient the patient's replacement contact lens prescription.

N.M. Admin. Code § 16.16.19.16

16.16.19.16 NMAC - N, 6-08-01; A, 03-15-2004