The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act N.M. Stat. Ann. § 61-1-1 to 61-1-31, for any of the following reasons:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

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 [N.M. Stat. Ann. Chapter 14, Article 4]. 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.