N.M. Code R. § 16.16.11.12 – Practice Prohibited

A. An optometrist shall not practice optometry in the state of New Mexico while his or her license is expired; or while it is inactive, retired, revoked, suspended, or is otherwise invalid as provided in Subsection A of 61-2-14 NMSA 1978.
B. Any person who practices optometry in New Mexico without an active, current, and valid license is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions in Subsection A of Section 61-31-18 NMSA 1978, which states, “If a person is convicted of a non-capital felony, the basic sentence of imprisonment is as follows: for a fourth degree felony, 18 months’ imprisonment.”
C. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed five thousand dollars ($5,000).
[10/14/1995; 10/15/1997; 16.16.11.12 NMAC - 16 NMAC 16.11.12, 3/15/2001; A, 3/15/2004; A, 3/22/2008; A, 7/6/2012]