A. An optometrist may place advertisements in the yellow pages of the telephone directory. The advertisement must state the following information as provided in Section 57-21-3 of the Advertisement of Health Care Services Act:

1. (1) the optometrist’s name;
2. (2) address and telephone number of the optometrist's practice location; and
3. (3) the designation of the profession in which the optometrist is licensed to practice: O.D., optometrist, doctor of optometry, or optometric physician, as provided in Subsection C of this rule.

C. New Mexico licensed optometrists shall be allowed to use the designation of “optometric physician” in their advertisements. The advertisement may be placed under the “physicians’ title in the yellow pages under the following conditions:

1. (1) The optometrist identifies his professional designation in his advertisement, and

2. (2) The title heading does not limit the advertisement specifically. For instance: “physicians M.D.” limits the section only to M.D.s; “physicians - M.D., ophthalmologists” limits the section only to M.D.s and/or ophthalmologists.

   [11-17-73; 11-7-80; 6-24-94; 10-14-95; 10-15-97; A, 6-26-00; 16.16.17.9 NMAC - Rn, 16 NMAC 16.17.9, 03-15-2001; A, 03-02-2016]

   HISTORY of 16.16.17 NMAC:

   Pre-NMAC History:

   Material in the part was derived from that previously filed with the commission of public records - state records center and archives:

   OEB 73-1, Rule No. 5 of the Administrative Rules and Regulations of the State Board of Examiners in Optometry, filed 10-18-73.

   Rule No. 5 - Advertising, filed 8-21-80.

   Rule No. 13 - Advertising, Ophthalmic Materials, filed 10-8-80.

   NMBO Rule 13 - Advertising, filed 5-25-94.

   Rule No. 14 - Advertising, Ophthalmic Frames, Temples, Lenses And/Or Artificial Eyes, filed 10-8-80.

   Rule No. 15 - Advertising, Ophthalmic Services, filed 10-8-80.

   Rule No. 16 - Advertising, Contact Lenses, filed 10-8-80.

   Rule No. 5 - Advertising, filed 5-22-81

   NMBO Rule 5 - Advertising, filed 1-7-87.

   NMBO Rule 13 - Advertising, filed 5-25-94

   History of Repealed Material: [Reserved]

   Other History:

   16 NMAC 16.17, Advertising, filed 9-21-95, replaced that relevant portion of NMBO Rule 13, Advertising.

   16 NMAC 16.17, Advertising, filed 9-21-95, was renumbered and reformatted to 16.16.17 NMAC, Advertising, effective 03-15-2001.