Optometric practice scope bill stalls in New Mexico legislature

A bill designed to expand privileges for optometrists in New Mexico died in committee, prompting claims from the American Academy of Ophthalmology (AAO) that the bill was “derailed” by ophthalmology.

“New Mexico ophthalmologists — backed by the academy and the Surgical Scope Fund — defeated optometry’s 11th-hour attempt to resurrect a far-reaching surgery bill,” an AAO press release stated.

According to the New Mexico Optometric Association (NMOA), the death of the bill was not quite as definitive as was portrayed by the AAO.

“The bill was referred to a committee in the senate, and it was voted on twice in that committee, a 4-4 tie both times,” said Richard Montoya, executive director of the New Mexico Optometric Association (NMOA), in an interview with PRIMARY CARE OPTOMETRY NEWS. “So it wasn’t defeated; it died in committee.”

Mr. Montoya said House Bill 199 would have allowed optometrists to perform minor surgical procedures and laser procedures for the anterior segment of the eye.

The bill had previously been passed by two house committees, Mr. Montoya said, and was voted on in the house floor by a 61-8 margin in favor of the bill. On the Senate side, the bill was referred to the Corporation and Transportation Committee, where it received the 4-4 tie vote, Mr. Montoya said. “At that point, the session ended before we could try to get it out of that committee again,” he said.

Mr. Montoya added that support for the bill came largely from the NMOA membership grass roots efforts, “whereas the AAO and the New Mexico Medical Society had numerous lobbyists and ran extensive TV and radio ad campaigns about the legislation that were misleading.”

Mr. Montoya said the NMOA plans to revisit the legislation and continues to be optimistic regarding its eventual passage. “Considering the margin of vote that we received in the house, we feel that there was significant support; but in that one committee, we came up one vote short,” he said. “So we do feel optimistic about the legislation, and we do still feel that it is a bill that will benefit our citizens.”

Because the legislature meets only once a year, with the next 30-day session generally focused on budgetary and fiscal matters, Mr. Montoya is unsure when the bill will be reintroduced. “We’re not sure whether the bill will be revisited in 1 year, or 2, or exactly when,” he said.