A. Except for the provisions of Section 61-2-16 NMSA 1978 and as provided in this subsection, the Optometry Act does not apply to a licensed physician or a person, clinic or program under his responsible supervision and control, provided that the person, clinic or program under the responsible supervision and control of the licensed physician shall not use either loose or fixed trial lenses for the sole purpose of determining the prescription for eyeglasses or contact lenses. B. Except as provided in Sections 61-2-2, 61-2-14, 61-2-16 and 61-2-17 NMSA 1978, the Optometry Act does not apply to a person selling eyeglasses who does not represent himself as being qualified to detect or correct ocular anomalies and who does not traffic upon assumed skill in adapting ophthalmic lenses to the eyes. History: 1953 Comp., § 67-1-13, enacted by Laws 1973, ch. 353, § 13; 2003, ch. 274, § 6. The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable. Person who duplicates ophthalmic lens without prescription is practicing optometry and as such must be licensed under the act or is in violation of the same. 1954 Op. Att'y Gen. No. 54-5909. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 13.
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