§ 61-2-13 — Refusal, suspension or revocation of license

The board may refuse to issue, suspend or revoke any license, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], for any of the following reasons: 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 [Chapter 14, Article 4 NMSA 1978]. 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.

Legislative History

1953 Comp., § 67-1-11, enacted by Laws 1973, ch. 353, § 11.