1. A. A person who is not a licensed optometrist or a licensed physician shall not sell or dispense a contact lens to a resident of this state unless he/she is registered with the New Mexico board of pharmacy as a seller or dispenser of contact lenses; provided that pharmacies, clinics and hospitals licensed by the board of pharmacy shall be exempt from this requirement.
2. B. The board of pharmacy shall promulgate rules to establish the application procedures for obtaining registration and may include a requirement for payment of a fee by the applicant, but the amount of the fee shall not exceed the costs of implementing the registration requirement.
3. C. The board of pharmacy shall maintain a current list of all registered seller and dispensers of contact lenses.

4. D. A person, company, or entity that is not registered pursuant to this subsection and knowingly sells or dispenses contact lenses to a New Mexico resident is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

   HISTORY of 16.16.19 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:

   NMBO Rule 24, Board Rule No. 24 - Contact Lenses, filed 5-25-94.

   History of Repealed Material: [Reserved]

   Other History:

   16 NMAC 16.19, Contact Lenses, filed 9-21-95, replaced NMBO Rule 24, Board Rule No. 24 - Contact Lenses.

   16 NMAC 16.19, Contact Lenses, filed 9-21-95, renumbered and reformatted to 16.16.19 NMAC, Contact Lenses, effective 03-15-2001.

[16.16.19.20 NMAC - Rn, 16.16.19.19 NMAC, 07-06-2012]