N.M. Admin. Code § 16.16.24.24

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.16.24.24 - PETITION FOR REINSTATEMENT, RESTORATION, OR MODIFICATION OF DISCIPLINARY ORDER

Subsequent to formal proceedings under the Impaired Health Care Provider Act and the Uniform Licensing Act, any optometrist who is prohibited from practicing optometry may, after a year from the date of suspension or revocation of the license, petition the board for reinstatement or restoration of his or her license to practice or for modification of the final disciplinary orders.

A. The optometrist shall make the application for reinstatement or restoration of his or her license or for the modification of the disciplinary orders in writing.

B. The optometrist shall be afforded an opportunity to demonstrate that he or she can resume the practice of optometry with reasonable skill, competence, and safety to patients and shall be required to provide verifiable proof of compliance with any stipulations in the disciplinary order.

(1) The board may require an examination by the examining committee for such reinstatement, restoration, or modification of the optometrist's license.

(2) The board may require verification that the optometrist has completed a treatment program for alcohol or chemical dependency.

(3) The board may require verifiable proof that the optometrist has remained abstinent from alcohol or chemical dependence, except for drugs prescribed by a licensed physician for a legitimate medical condition, for a minimum of at least one (1) year.

(4) The board may require verifiable proof that optometrist has maintained active and uninterrupted participation in a program of aftercare which provides for periodic monitoring and supervision by appropriately trained personnel, and which includes random and unannounced drug and/or alcohol screening of urine or blood.

(5) The board shall have the discretion to accept or reject the petition for reinstatement or restoration of the optometrist's license, or for modification of the disciplinary orders.

N.M. Admin. Code § 16.16.24.24

2-15-99; 16.16.24.24 NMAC - Rn, 16 NMAC 16.24.24, 03-15-2001