[Rev. 11/21/2013 12:48:33
PM--2013]
CHAPTER 636 - OPTOMETRY
GENERAL PROVISIONS
NRS 636.010 Legislative
declaration.
NRS 636.015 Definitions.
NRS 636.016 “Advertise”
defined.
NRS 636.017 “Board”
defined.
NRS 636.018 “Contact
lens” defined.
NRS 636.019 “Diagnostic
pharmaceutical agents” defined.
NRS 636.021 “Ophthalmic
lens” defined.
NRS 636.022 “Prescription”
defined.
NRS 636.023 “Spectacle
lens” defined.
NRS 636.024 “Therapeutic
pharmaceutical agent” defined.
NRS 636.025 Acts
constituting practice in optometry.
NEVADA STATE BOARD OF OPTOMETRY
NRS 636.030 Creation;
membership.
NRS 636.035 Qualifications
of members; representative of general public not to participate in examination.
NRS 636.070 Terms
of members.
NRS 636.075 Compensation
of members and employees.
NRS 636.080 Election
and term of President; appointment and compensation of Executive Director.
NRS 636.085 Executive
Director: Bond; duties.
NRS 636.090 Employees;
counsel.
NRS 636.095 Regular
and special meetings; quorum.
NRS 636.100 Offices;
seal.
NRS 636.103 Fiscal
year.
NRS 636.105 Records
and inventory.
NRS 636.107 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records.
NRS 636.110 Deposit
of money received by Board; delegation of authority to take disciplinary
action; deposit of fines imposed by Board; claims for attorney’s fees and costs
of investigation.
NRS 636.120 Roster
of licensees: Preparation and distribution.
NRS 636.125 Rules
and regulations.
NRS 636.130 Power
of Board to grant or refuse licenses and discipline licensees.
NRS 636.135 Power
of Board to accredit schools of optometry.
NRS 636.141 Power
of Board to issue subpoenas; compelling obedience.
NRS 636.143 Fees.
EXAMINATIONS AND ADMISSION TO
PRACTICE
NRS 636.145 Unlawful
practice of optometry; penalties.
NRS 636.150 Requirements
for obtaining license.
NRS 636.155 Proof
of applicant’s qualifications.
NRS 636.159 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 636.159 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 636.160 Application
for examination.
NRS 636.170 Annual
and special examinations: Time and place.
NRS 636.175 Equipment
required for examination.
NRS 636.180 Examination:
Character and design; preparation and administration.
NRS 636.185 Scope
of examination.
NRS 636.190 Grade
necessary to pass examination.
NRS 636.195 Request
for reexamination.
NRS 636.200 Scope
of reexamination.
NRS 636.215 Licenses:
Execution and contents.
NRS 636.220 Licenses:
Issuance.
EXTENDED CLINICAL FACILITIES FOR THE TREATMENT OF VISUAL
DISORDERS
NRS 636.227 Licensing
by Board; application for license; notice to Board of changes regarding
facility.
ANNUAL RENEWAL OF LICENSES
NRS 636.250 Requirement.
NRS 636.255 Notice
to licensee to renew license.
NRS 636.260 Payment
of renewal fee; requirements for continuing education.
NRS 636.265 Renewal
card: Issuance, contents, display and execution.
NRS 636.270 Suspension
of license for failure to comply with requirements for renewal.
NRS 636.275 Restoration
or revocation of license suspended for failure to comply with requirements for
renewal.
NRS 636.285 Penalty
for failure to renew license.
CERTIFICATION TO ADMINISTER AND PRESCRIBE THERAPEUTIC PHARMACEUTICAL
AGENTS
NRS 636.286 Administration
or prescription of therapeutic pharmaceutical agent prohibited without
certificate.
NRS 636.287 Requirements
for certification: Adoption of regulations.
NRS 636.288 Issuance
of certificates; Board to provide list of certified optometrists to State Board
of Pharmacy.
NRS 636.2882 Conditions
and limitations on prescribing certain therapeutic pharmaceutical agents.
CERTIFICATION TO TREAT GLAUCOMA
NRS 636.2891 Treatment
of glaucoma prohibited without certificate; duty to refer certain patients with
glaucoma to ophthalmologist.
NRS 636.2893 Requirements
for issuance of certificate: Adoption of regulations.
NRS 636.2895 Issuance
of certificates.
DISCIPLINARY ACTION
NRS 636.290 Authority
of Board.
NRS 636.295 Grounds.
NRS 636.296 Inspection
of premises by Board.
NRS 636.300 Unethical
or unprofessional conduct: Improper association or use of prescription blanks.
NRS 636.301 Unethical
or unprofessional conduct: Division of fees; exceptions.
NRS 636.302 Unethical
or unprofessional conduct: Restrictions on advertising.
NRS 636.303 Unethical
or unprofessional conduct: Use of pharmaceutical agent for treatment; repeated
malpractice.
NRS 636.304 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 636.305 Complaint
against licensee: Persons authorized to make complaint; particularity of
charges.
NRS 636.310 Form
and filing of complaint.
NRS 636.315 Procedure
following filing of complaint; retention of complaints.
NRS 636.320 Public
hearing of formal charge; rights of licensee.
NRS 636.325 Decision
of Board; authorized disciplinary action; private reprimands prohibited; orders
imposing discipline deemed public records.
NRS 636.330 Application
for rehearing.
NRS 636.335 Rehearing:
Notice to licensee; conduct; decision.
NRS 636.336 Board
to cooperate with other agencies investigating persons.
NRS 636.337 Disciplinary
action by hearing officer or panel: Procedural requirements; powers and duties
of officer or panel; appeals.
NRS 636.340 Restoration
of revoked or suspended license. [Effective until 2 years after the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 636.340 Restoration
of revoked or suspended license. [Effective on the date 2 years after the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 636.341 Practicing
or offering to practice without license: Reporting requirements of Board.
RIGHTS, DUTIES AND PROTECTION OF LICENSEES
NRS 636.345 Licensee
authorized to practice.
NRS 636.347 Permit
required for professional association with health maintenance organization;
regulations.
NRS 636.350 Certificate
of registration required to practice under assumed or fictitious name;
regulations.
NRS 636.355 Unauthorized
use of license or renewal card.
NRS 636.360 Posting
of license and renewal card.
NRS 636.365 Issuance
of duplicate license and renewal card.
NRS 636.370 Notice
to Board of location of practice.
NRS 636.372 Leasing
of office from unlicensed person.
NRS 636.373 Associations
or other business relationships with physicians.
NRS 636.374 Collaboration
with ophthalmologist: Records; fixed fee; patient referrals; required
documents.
NRS 636.375 Manner
of giving notices to licensees.
NRS 636.380 Right
to advertise.
NRS 636.382 Topical
ophthalmic pharmaceutical agents: Certification authorizing use; regulations of
Board; agents authorized for diagnostic use.
NRS 636.385 Use
of and payment for optometric services by administrative agencies and public
schools.
NRS 636.387 Requirements
for prescriptions for ophthalmic lenses; requirements for initial fitting of
contact lenses.
APPLICABILITY OF CHAPTER
NRS 636.390 Chapter
does not apply to licensed physicians and surgeons.
NRS 636.393 Chapter
does not apply to certain students, clinicians or instructors.
NRS 636.395 Chapter
does not prohibit certain sales.
ENFORCEMENT AND PENALTIES
NRS 636.405 Duties
of peace officers and district attorneys.
NRS 636.407 Injunctive
relief available to Board.
NRS 636.410 Penalties
for violations.
NRS 636.420 Administrative
fines.
_________
GENERAL PROVISIONS
NRS 636.010 Legislative declaration. The
practice of optometry is hereby declared to be a learned profession, affecting public
safety and welfare and charged with the public interest, and therefore subject
to protection and regulation by the State.
[1:208:1955]
NRS 636.015 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 636.016 to 636.024, inclusive, have the meanings ascribed to them
in those sections.
[7:208:1955]—(NRS A 1979, 951; 1983, 731; 1985, 154, 1918; 1993, 2864; 1995, 1033)
NRS 636.016 “Advertise” defined. “Advertise”
means the commercial use of any medium, including, but not limited to, the
radio or television, or a newspaper, magazine, sign or other printed matter, by
an optometrist to bring the services or materials offered by the optometrist to
the attention of members of the general public.
(Added to NRS by 1993, 2864)
NRS 636.017 “Board” defined. “Board”
means the Nevada State Board of Optometry.
(Added to NRS by 1993, 2864)
NRS 636.018 “Contact lens” defined. “Contact
lens” means an ophthalmic lens prescribed for application on the anterior
surface of the eye.
(Added to NRS by 1993, 2864)
NRS 636.019 “Diagnostic pharmaceutical agents” defined. “Diagnostic pharmaceutical agents” means
topical ophthalmic anesthetics and topical cycloplegics, miotics and
mydriatics.
(Added to NRS by 1993, 2864)
NRS 636.021 “Ophthalmic lens” defined. “Ophthalmic
lens” means a refractive or nonrefractive device for the correction or relief
of or remedy for an abnormal condition or inefficiency of the eye or visual
process. The term includes a spectacle lens, a contact lens and a protective
lens.
(Added to NRS by 1993, 2864)
NRS 636.022 “Prescription” defined. “Prescription”
means:
1. An order given individually for the
person for whom prescribed, directly from a licensed optometrist who is
certified to prescribe and administer therapeutic pharmaceutical agents
pursuant to NRS 636.288, or his or her agent, to a
pharmacist or indirectly by means of an order signed by the licensed
optometrist or an electronic transmission from the licensed optometrist to a
pharmacist; or
2. A written direction from a licensed
optometrist to:
(a) Prepare an ophthalmic lens for a patient; or
(b) Dispense a prepackaged contact lens that does
not require any adjustment, modification or fitting.
(Added to NRS by 1993, 2864; A 1997, 1257; 1999, 1914)
NRS 636.023 “Spectacle lens” defined. “Spectacle
lens” means an ophthalmic lens with refractive properties prescribed for
application in front of, but not touching, the eye.
(Added to NRS by 1993, 2864)
NRS 636.024 “Therapeutic pharmaceutical agent” defined. “Therapeutic pharmaceutical agent” means:
1. A topical medication;
2. An oral antibiotic;
3. An oral medication for allergies that
does not contain steroids; or
4. An analgesic of hydrocodone with
compounds, codeine with compounds or propoxyphene with compounds,
Ê approved by
the Food and Drug Administration for the treatment of abnormalities of the eye
or its appendages.
(Added to NRS by 1995, 1032; A 1999, 1914)
NRS 636.025 Acts constituting practice in optometry.
1. The acts set forth in this section, or
any of them, whether done severally, collectively or in combination with other
acts that are not set forth in this section constitute practice in optometry
within the purview of this chapter:
(a) Advertisement or representation as an
optometrist.
(b) Adapting, or prescribing or dispensing,
without prescription by a practitioner of optometry or medicine licensed in
this State, any ophthalmic lens, frame or mounting, or any part thereof, for
correction, relief or remedy of any abnormal condition or insufficiency of the
eye or any appendage or visual process. The provisions of this paragraph do not
prevent an optical mechanic from doing the mere mechanical work of replacement
or duplication of the ophthalmic lens or prevent a licensed dispensing optician
from engaging in the practice of ophthalmic dispensing.
(c) The examination of the human eye and its
appendages, the measurement of the powers or range of human vision, the
determination of the accommodative and refractive states of the eye or the
scope of its function in general, or the diagnosis or determination of any
visual, muscular, neurological, interpretative or anatomic anomalies or
deficiencies of the eye or its appendages or visual processes.
(d) Prescribing, directing the use of or using
any optical device in connection with ocular exercises, orthoptics or visual
training.
(e) The prescribing of contact lenses.
(f) The measurement, fitting or adaptation of
contact lenses to the human eye except under the direction and supervision of a
physician, surgeon or optometrist licensed in the State of Nevada.
(g) The topical use of diagnostic pharmaceutical
agents to determine any visual, muscular, neurological, interpretative or
anatomic anomalies or deficiencies of the eye or its appendages or visual
processes.
(h) Prescribing, directing the use of or using a
therapeutic pharmaceutical agent to treat an abnormality of the eye or its
appendages.
(i) Removing a foreign object from the surface or
epithelium of the eye.
(j) The ordering of laboratory tests to assist in
the diagnosis of an abnormality of the eye or its appendages.
2. The provisions of this section do not
authorize an optometrist to engage in any practice which includes:
(a) The incision or suturing of the eye or its
appendages; or
(b) The use of lasers for surgical purposes.
[2:208:1955]—(NRS A 1961, 758; 1979, 952; 1995, 1033; 1999, 1914)
NEVADA STATE BOARD OF OPTOMETRY
NRS 636.030 Creation; membership. The
Nevada State Board of Optometry, consisting of four members appointed by the
Governor, is hereby created.
[8:208:1955] + [9:208:1955]—(NRS A 1977, 1254)
NRS 636.035 Qualifications of members; representative of general public not
to participate in examination.
1. The Governor shall appoint:
(a) Three members who are licensed to practice
optometry in the State of Nevada and are actually engaged in the practice of
optometry.
(b) One member who is a representative of the
general public. This member must not be:
(1) Licensed to practice optometry; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a person licensed to practice optometry.
2. A person shall not be appointed if he
or she:
(a) Is the owner or co-owner of, a stockholder
in, or a member of the faculty or board of directors or trustees of, any school
of optometry;
(b) Is financially interested, directly or
indirectly, in the manufacture or wholesaling of optical supplies; or
(c) Has been convicted of a felony or a gross
misdemeanor involving moral turpitude.
3. The member who is a representative of
the general public shall not participate in preparing, conducting or grading
any examination required by the Board.
[15:208:1955]—(NRS A 1977, 1254; 2003, 1194)
NRS 636.070 Terms of members. Unless
his or her membership has become vacant prior to the expiration of the term, a
member shall hold office for the term of his or her appointment and until a
successor is appointed and qualified.
[17:208:1955]
NRS 636.075 Compensation of members and employees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
3. Compensation and expenses of the
members and employees of the Board are payable out of the money derived from
fees paid or transmitted to the Board pursuant to the provisions of this
chapter and no part thereof may be paid out of the State Treasury.
[18:208:1955]—(NRS A 1961, 759; 1963, 154; 1975, 304;
1981, 1993; 1983, 232, 1537, 1545; 1989, 1700; 2007, 2950)
NRS 636.080 Election and term of President; appointment and compensation of
Executive Director.
1. Within a reasonable time after the
appointment of a new member, the Board shall meet and organize by electing from
its membership a President who shall hold office for 1 year and until the
election and qualification of his or her successor.
2. The Board shall appoint an Executive
Director who serves at the pleasure of the Board and is entitled to receive
compensation as set by the Board. The Executive Director must not be a member
of the Board. If a vacancy occurs in the position of Executive Director, the
Board may appoint one of its members to perform the duties of the Executive
Director until the position is filled. A member of the Board who is appointed to
perform the duties of the Executive Director is not entitled to receive any
additional compensation for performing those duties.
[19:208:1955]—(NRS A 1993, 2865)
NRS 636.085 Executive Director: Bond; duties.
1. The Executive Director shall, before
undertaking the duties of Executive Director, make and deliver to the Governor
a good and sufficient bond payable to the State of Nevada for the benefit of
the Board, in the amount designated by the Board, conditioned upon the faithful
performance of his or her duties as Executive Director. The Executive Director
shall file a copy of the bond with the Board.
2. The Executive Director shall receive,
maintain and disburse money on behalf of the Board and shall perform all duties
imposed upon him or her pursuant to the provisions of this chapter and such
other duties as the Board may prescribe.
[20:208:1955] + [21:208:1955]—(NRS A 1993, 2865)
NRS 636.090 Employees; counsel.
1. The Board may employ:
(a) Agents and inspectors to secure evidence of,
and report on, violations of this chapter.
(b) Attorneys, investigators and other
professional consultants and clerical personnel necessary to administer this
chapter.
2. The Attorney General may act as counsel
for the Board.
[23:208:1955] + [24:208:1955]—(NRS A 1963, 154)
NRS 636.095 Regular and special meetings; quorum.
1. The Board shall hold a regular meeting
at least once each year.
2. The Board shall hold a special meeting
upon a call of the President or upon a request by a majority of the members.
3. Three members of the Board constitute a
quorum.
[28:208:1955]—(NRS A 1993, 2865)
NRS 636.100 Offices; seal. The
Board may:
1. Establish and maintain offices in as
many localities in the State as it deems necessary to carry out the provisions
of this chapter, one of which must be located in the office of the Executive
Director.
2. Adopt and use an official seal.
[31:208:1955] + [35:208:1955]—(NRS A 1961, 759; 1963,
154; 1993, 2865)
NRS 636.103 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 154)
NRS 636.105 Records and inventory.
1. The Executive Director shall make and
keep:
(a) A record of all meetings and proceedings of
the Board.
(b) A record of all prosecutions and violations
of this chapter.
(c) A record of the results of all examinations
of applicants.
(d) A register of all licensees.
(e) An inventory of all property of the Board and
all property of the State in the Board’s possession.
2. Except as otherwise provided in NRS 636.107, records of the Board are subject to
public inspection.
3. All records of the Board must be kept
in the office of the Board.
[32:208:1955]—(NRS A 1993, 2866; 2003, 3450)
NRS 636.107 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
are confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
(Added to NRS by 2003, 3450; A 2007, 2139)
NRS 636.110 Deposit of money received by Board; delegation of authority to
take disciplinary action; deposit of fines imposed by Board; claims for
attorney’s fees and costs of investigation.
1. Except as otherwise provided in
subsection 3, all money coming into possession of the Board must be deposited
by the Executive Director in a special fund to be expended for payment of
compensation and expenses of members of the Board and for other necessary or
proper purposes in the administration of this chapter. The Executive Director
shall deposit the money in banks, credit unions or savings and loan
associations in this State.
2. The Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant to this
chapter, impose and collect administrative fines and penalties therefor and
forward the money therefrom to the Executive Director for deposit in banks,
credit unions or savings and loan associations in this State.
3. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 2 and the Board
deposits the money collected from the imposition of administrative fines and
penalties with the State Treasurer for credit to the State General Fund, it may
present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is needed to pay attorney’s fees or the
costs of an investigation, or both.
[25:208:1955]—(NRS A 1963, 154; 1983, 1537; 1993, 2866; 1999, 1533)
NRS 636.120 Roster of licensees: Preparation and distribution. Once each year, the Board shall prepare and
distribute to all licensees a roster containing their names and addresses.
[36:208:1955]—(NRS A 1993, 2866)
NRS 636.125 Rules and regulations. The
Board may adopt rules and regulations necessary to carry out the provisions of
this chapter.
[34:208:1955]—(NRS A 1985, 155; 1993, 2866)
NRS 636.130 Power of Board to grant or refuse licenses and discipline
licensees. The Board may grant or
refuse licenses after examination and discipline licensees for any of the
causes specified in this chapter.
[27:208:1955]—(NRS A 1983, 732; 1985, 155)
NRS 636.135 Power of Board to accredit schools of optometry. The Board shall accredit schools in and out of
this State teaching the science and art of optometry which it finds are giving
a sufficient and thorough course of study for the preparation of optometrists.
[22:208:1955]
NRS 636.141 Power of Board to issue subpoenas; compelling obedience.
1. The Board shall have power to issue
subpoenas to compel the attendance of witnesses before it or the production of
documents.
2. The district court shall, on
application of the Board, compel obedience to a subpoena issued by the Board by
attachment proceedings as for contempt.
(Added to NRS by 1973, 535)
NRS 636.143 Fees. The Board
shall establish within the limits prescribed a schedule of fees for the
following purposes:
Not
less than Not more than
Examination....................................................................... $100 $500
Reexamination..................................................................... 100 500
Issuance of each
license or duplicate license.................. 35 75
Renewal of each
license or duplicate license................... 100 500
Issuance of a
license for an extended clinical facility... 100 500
Issuance of a
replacement renewal card for a license... 10 50
[87:208:1955]—(NRS A 1961, 759; 1967, 205; 1973, 536;
1977, 613; 1983, 232, 733; 1993, 1192)
EXAMINATIONS AND ADMISSION TO PRACTICE
NRS 636.145 Unlawful practice of optometry; penalties.
1. A person shall not engage in the
practice of optometry in this State unless:
(a) The person has obtained a license pursuant to
the provisions of this chapter; and
(b) Except for the year in which such license was
issued, the person holds a current renewal card for the license.
2. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, the Board may:
(a) Issue and serve on the person an order to cease
and desist until the person obtains from the Board the proper license or
otherwise demonstrates that he or she is no longer in violation of subsection
1. An order to cease and desist must include a telephone number with which the
person may contact the Board.
(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative
fine as provided in NRS 636.420.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
[37:208:1955]—(NRS A 1993, 2866; 2013, 2231)
NRS 636.150 Requirements for obtaining license. Any
person applying for a license to practice optometry in this State must:
1. File proof of his or her
qualifications;
2. Make application for an examination;
3. Take and pass the examination;
4. Pay the prescribed fees; and
5. Verify that all the information he or
she has provided to the Board or to any other entity pursuant to the provisions
of this chapter is true and correct.
[38:208:1955]—(NRS A 1993, 2867)
NRS 636.155 Proof of applicant’s qualifications. An
applicant must file with the Executive Director satisfactory proof that the
applicant:
1. Is at least 21 years of age;
2. Is a citizen of the United States or is
lawfully entitled to reside and work in this country;
3. Is of good moral character;
4. Has been certified or recertified as
completing a course of cardiopulmonary resuscitation within the 12-month period
immediately preceding the examination for licensure; and
5. Has graduated from a school of
optometry accredited by the established professional agency and the Board,
maintaining a standard of 6 college years, and including, as a prerequisite to
admission to the courses in optometry, at least 2 academic years of study in a
college of arts and sciences accredited by the Association of American
Universities or a similar regional accrediting agency.
[39:208:1955]—(NRS A 1969, 98; 1977, 1565; 1993, 2867)
NRS 636.159 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license to
practice optometry shall include the social security number of the applicant in
the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license to practice optometry shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice optometry may not
be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2136; A 2005, 2735, 2807)
NRS 636.159 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license to practice optometry shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice optometry may not
be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2136; A 2005, 2735, 2736, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 636.160 Application for examination. A
written application for examination must be:
1. Made on a form furnished by the Board
or the testing agency that has been designated by the Board to conduct its
examinations;
2. Mailed to the Executive Director or the
testing agency;
3. Postmarked on or before the deadline
established by the Board or the testing agency; and
4. Accompanied by the required fee.
[40:208:1955]—(NRS A 1973, 536; 1993, 2867)
NRS 636.170 Annual and special examinations: Time and place. The Board shall:
1. Conduct a regular annual examination,
and may conduct a special examination when it deems that circumstances warrant
such examination.
2. Fix and announce the time and place of
any examination at least 30 days prior to the day when it is to be commenced.
[42:208:1955] + [43:208:1955]
NRS 636.175 Equipment required for examination. An
examinee shall take to the room in which he or she is to be examined only the
instruments or equipment that are required by the Board or the testing agency
that has been designated by the Board to conduct its examinations.
[44:208:1955]—(NRS A 1993, 2868)
NRS 636.180 Examination: Character and design; preparation and
administration. An examination
must:
1. Be practical in character and design as
determined by the Board;
2. Test the fitness of the examinee to
practice optometry;
3. Be prepared and administered by the
Board or a testing agency that has been designated by the Board to conduct its
examinations; and
4. Be conducted in the English language.
[45:208:1955]—(NRS A 1993, 2868)
NRS 636.185 Scope of examination.
1. An examination, other than one
conducted solely for reexamination of an examinee who has failed in a previous
examination, must include testing in the following areas:
(a) General anatomy.
(b) General physiology.
(c) Ocular anatomy.
(d) Ocular physiology.
(e) Ocular pathology.
(f) Geometric optics.
(g) Physiological optics.
(h) Theoretical optometry.
(i) Practical optometry.
(j) Retinoscopy and ophthalmic instruments.
(k) Ophthalmoscopy and biomicroscopy.
(l) Neurology, visual fields and perimetry.
(m) Vision therapy.
(n) Clinical optometry.
(o) Contact lenses.
(p) Pharmacology.
(q) Statutes and regulations governing the
practice of optometry.
(r) Such other areas as the Board may prescribe.
2. An examination must also provide for an
evaluation of the examinee’s knowledge of the following areas:
(a) Basic science.
(b) Clinical science.
(c) Care and management of patients.
[46:208:1955]—(NRS A 1993, 2868)
NRS 636.190 Grade necessary to pass examination. Except
as otherwise provided in NRS 622.090, a
grade of 75 or higher for each area tested on the examination is required to
pass an examination.
[47:208:1955]—(NRS A 1993, 2869; 2007, 2950)
NRS 636.195 Request for reexamination. An
examinee who did not receive the grade required to pass an examination may
submit a written request for reexamination to the Board or to the testing
agency designated by the Board to conduct its examinations. Such a request must
be:
1. Mailed to the Executive Director or the
testing agency;
2. Postmarked on or before the deadline
established by the Board or testing agency; and
3. Accompanied by the required fee.
[48:208:1955]—(NRS A 1993, 2869)
NRS 636.200 Scope of reexamination. An
examinee whose request for reexamination has been granted may, at the
discretion of the Board or the testing agency designated by the Board to
conduct its examinations, be required to retake:
1. The entire examination; or
2. Only the section or sections of the
examination on which the examinee did not receive the grade required to pass.
[49:208:1955]—(NRS A 1993, 2869)
NRS 636.215 Licenses: Execution and contents. The
Board shall execute a license for each person who has satisfied the
requirements of NRS 636.150 and submitted all
information required to complete an application for a license. A license must:
1. Certify that the licensee has been
examined and found qualified to practice optometry in this State; and
2. Be signed by each member of the Board.
[52:208:1955]—(NRS A 1983, 732; 1993, 2869; 1997, 2137; 2005, 2737, 2807)
NRS 636.220 Licenses: Issuance. The
license must be issued and delivered by the Executive Director to the licensee
upon payment to the Executive Director of the prescribed fee.
[53:208:1955]—(NRS A 1993, 2869)
EXTENDED CLINICAL FACILITIES FOR THE TREATMENT OF VISUAL
DISORDERS
NRS 636.227 Licensing by Board; application for license; notice to Board of
changes regarding facility.
1. The Board may grant a license to an
accredited school or college of optometry to establish an extended clinical
facility for the treatment of visual disorders and shall adopt reasonable
regulations and establish procedures for such purpose. If a license is granted,
it is effective for only 1 year unless renewed by the Board.
2. An accredited school or college of
optometry which desires to establish an extended clinical facility for the
treatment of visual disorders in this State must apply to the Board for a
license, and the application must contain the following information:
(a) The name and address of the proposed
facility;
(b) The date when the school or college desires
to commence operation of the facility;
(c) A brief description of the facility and of
the equipment which will be available for use there;
(d) The kinds of optometric services to be
rendered; and
(e) The name and address of each instructor or
clinician to be employed at the facility, his or her academic qualifications
and any licenses which entitle the instructor or clinician to practice
optometry in this or any other state.
3. Every school or college of optometry
which operates a licensed facility in this State shall notify the Board if the
school or college changes its instructors or clinicians, the location of the
facility or the content of a clinical program.
4. Nothing in this section authorizes a
licensed optometrist to engage in any acts which are beyond the scope of his or
her license issued in accordance with the provisions of this chapter.
5. For the purposes of this section,
“extended clinical facility for the treatment of visual disorders” means a
clinical facility which renders optometric services and is operated by an
accredited school or college of optometry, but which is located beyond the
boundaries of the principal campus of the school or college.
(Added to NRS by 1977, 613; A 1993, 2869)
ANNUAL RENEWAL OF LICENSES
NRS 636.250 Requirement. A
license issued under this chapter or any former law must be renewed pursuant to
the provisions of NRS 636.250 to 636.285, inclusive, before March 1 of each year.
[55:208:1955]—(NRS A 1993, 2870)
NRS 636.255 Notice to licensee to renew license. The
Executive Director shall mail a notice of renewal to each licensee before
February 1 of each year. The failure of the Executive Director to notify a
licensee does not excuse the licensee from the requirements of NRS 636.250.
[56:208:1955]—(NRS A 1993, 2870)
NRS 636.260 Payment of renewal fee; requirements for continuing education.
1. Before March 1 of each year, each
licensee shall pay a renewal fee to the Executive Director in the amount
specified in NRS 636.143. For the purposes of this
subsection, the date of the postmark on any payment received by mail shall be
deemed to be the date of receipt by the Executive Director.
2. The renewal fee must be accompanied by
satisfactory evidence that the licensee has, within the immediately preceding
12-month period, completed the required number of hours in a course or courses
of continuing education that have been approved by the Board. This evidence
must be indicated on the form for proof of completion of continuing education
that is furnished by the Board. The Board shall not require a licensee to
complete more than 24 hours of continuing education during each year. The Board
may waive the requirement that a licensee complete all or part of the required
number of hours of continuing education upon good cause shown by the licensee.
3. A licensee who is certified to
administer and prescribe therapeutic pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal
fee, present evidence satisfactory to the Executive Director that, during the
12 months immediately preceding the payment of the renewal fee, the licensee
completed an educational or postgraduate program approved by the Board. The
Board shall establish the number of hours for completion of the program which
must be not less than 30 hours nor more than 50 hours.
[57:208:1955]—(NRS A 1973, 720; 1993, 2870; 1995, 1034)
NRS 636.265 Renewal card: Issuance, contents, display and execution. Upon payment of the renewal fee, submission of
evidence of completion of the required number of hours of continuing education
and submission of all information required to complete the renewal, the
Executive Director shall execute and issue a renewal card for the license to
the licensee, certifying that the license has been renewed for a 12-month
period beginning March 1 of each year. The renewal card must indicate the
address of the place of the licensee’s practice for which the card is issued
and be displayed prominently at that location. The renewal card must be signed
by the Executive Director and sealed with the seal of the Board.
[58:208:1955]—(NRS A 1993, 2871; 1997, 2137; 2005, 2737, 2807)
NRS 636.270 Suspension of license for failure to comply with requirements
for renewal. If a licensee fails
to comply with the provisions of NRS 636.260 on or
before the prescribed date, the license must be suspended effective March 1,
and must remain suspended until it is restored in the manner specified in NRS 636.275.
[59:208:1955]—(NRS A 1975, 1302; 1993, 2871)
NRS 636.275 Restoration or revocation of license suspended for failure to
comply with requirements for renewal.
1. A license which has been
suspended for failure of the licensee to pay the annual renewal fee or to
submit all information required to complete the renewal may be restored at any
time during the calendar year upon the licensee:
(a) Paying the annual fee;
(b) Paying the Executive Director a nonrenewal
penalty in the amount prescribed by NRS 636.285;
and
(c) Submitting all required information.
2. A license which has been suspended for
failure of the licensee to submit evidence of completion of the required number
of hours of continuing education may be restored upon the licensee completing
the continuing education, if such completion occurs during the calendar year in
which the suspension has occurred.
3. Any license suspended pursuant to the
provisions of NRS 636.270 must be revoked at the
end of the calendar year during which it was suspended unless the license is
restored pursuant to subsection 1 or 2.
[60:208:1955]—(NRS A 1975, 1302; 1993, 2871; 1997, 2138; 2005, 2737, 2807)
NRS 636.285 Penalty for failure to renew license. The
Board shall establish a penalty for failure to renew a license of not less than
$100 and not more than $500.
[88:208:1955]—(NRS A 1973, 536; 1983, 233; 1993, 1193)
CERTIFICATION TO ADMINISTER AND PRESCRIBE THERAPEUTIC
PHARMACEUTICAL AGENTS
NRS 636.286 Administration or prescription of therapeutic pharmaceutical
agent prohibited without certificate. An
optometrist shall not administer or prescribe a therapeutic pharmaceutical
agent unless the optometrist has obtained a certificate pursuant to NRS 636.288.
(Added to NRS by 1995, 1032)
NRS 636.287 Requirements for certification: Adoption of regulations. The Board shall adopt regulations which
prescribe the requirements for certification to administer and prescribe
therapeutic pharmaceutical agents pursuant to NRS
636.288. The requirements must include:
1. A license to practice optometry in this
State;
2. The successful completion of the
“Treatment and Management of Ocular Disease Examination” administered by the
National Board of Examiners in Optometry on or after January 1, 1993, or an
equivalent examination approved by the Board; and
3. The successful completion of not fewer
than 40 hours of clinical training in administering and prescribing therapeutic
pharmaceutical agents in a training program which is conducted by an
ophthalmologist and approved by the Board.
(Added to NRS by 1995, 1032)
NRS 636.288 Issuance of certificates; Board to provide list of certified optometrists
to State Board of Pharmacy. The
Board shall provide to:
1. Each optometrist who has complied with
the requirements adopted by the Board pursuant to NRS
636.287, a certificate to administer and prescribe therapeutic
pharmaceutical agents.
2. The State Board of Pharmacy the name of
each optometrist it certifies pursuant to this section.
(Added to NRS by 1995, 1033)
NRS 636.2882 Conditions and limitations on prescribing certain therapeutic
pharmaceutical agents. An
optometrist who is certified to administer and prescribe a therapeutic
pharmaceutical agent pursuant to NRS 636.288 shall
not prescribe an analgesic of hydrocodone with compounds, codeine with
compounds or propoxyphene with compounds unless the optometrist:
1. Has completed an optometric examination
of the patient for whom the therapeutic pharmaceutical agent is prescribed;
2. Prescribes the therapeutic
pharmaceutical agent in an amount that will not last more than 72 hours; and
3. Sets forth in the prescription for the
therapeutic pharmaceutical agent that the prescription may not be refilled.
(Added to NRS by 1999, 1913)
CERTIFICATION TO TREAT GLAUCOMA
NRS 636.2891 Treatment of glaucoma prohibited without certificate; duty to
refer certain patients with glaucoma to ophthalmologist.
1. An optometrist shall not treat a person
diagnosed with glaucoma unless the optometrist has been issued a certificate by
the Board pursuant to NRS 636.2895.
2. An optometrist who has been issued a
certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 shall refer a patient diagnosed with
glaucoma to an ophthalmologist for treatment if any one of the following is
applicable:
(a) The patient is under 16 years of age.
(b) The patient has been diagnosed with malignant
glaucoma or neovascular glaucoma.
(c) The patient has been diagnosed with acute
closed angle glaucoma. The provisions of this paragraph do not prohibit the
optometrist from administering appropriate emergency treatment to the patient.
(d) The patient’s glaucoma is caused by diabetes,
and, after joint consultation with a physician who is treating the diabetes and
an ophthalmologist, the physician or ophthalmologist determines that the
patient should be treated by an ophthalmologist. If an optometrist determines
that a patient’s glaucoma is caused by diabetes, the optometrist shall consult
with a physician and ophthalmologist in the manner provided in this paragraph.
(Added to NRS by 1999, 1913)
NRS 636.2893 Requirements for issuance of certificate: Adoption of
regulations. The Board shall adopt
regulations that prescribe the requirements for the issuance of a certificate
to treat persons diagnosed with glaucoma pursuant to NRS
636.2895. The requirements must include, without limitation:
1. A license to practice optometry in this
State;
2. The successful completion of the
“Treatment and Management of Ocular Disease Examination” administered by the
National Board of Examiners in Optometry on or after January 1, 1993, or an
equivalent examination approved by the Board; and
3. Proof that each optometrist who applies
for a certificate has treated at least 15 persons who were:
(a) Diagnosed with glaucoma by an ophthalmologist
licensed in this State; and
(b) Treated by the optometrist, in consultation
with that ophthalmologist, for at least 12 consecutive months.
(Added to NRS by 1999, 1914; A 2003, 511)
NRS 636.2895 Issuance of certificates. The
Board shall issue a certificate to treat persons diagnosed with glaucoma to
each optometrist who has complied with the requirements prescribed by the Board
pursuant to NRS 636.2893.
(Added to NRS by 1999, 1914)
DISCIPLINARY ACTION
NRS 636.290 Authority of Board. Any
person licensed pursuant to the provisions of this chapter or engaged in the
unlawful practice of optometry without a license may be disciplined by the
Board for cause in the manner specified in this chapter.
[66:208:1955]—(NRS A 1985, 155; 1993, 2871)
NRS 636.295 Grounds. The
following acts, conduct, omissions, or mental or physical conditions, or any of
them, committed, engaged in, omitted, or being suffered by a licensee,
constitute sufficient cause for disciplinary action:
1. Affliction of the licensee with any
communicable disease likely to be communicated to other persons.
2. Commission by the licensee of a felony
relating to the practice of optometry or a gross misdemeanor involving moral
turpitude of which the licensee has been convicted and from which he or she has
been sentenced by a final judgment of a federal or state court in this or any
other state, the judgment not having been reversed or vacated by a competent
appellate court and the offense not having been pardoned by executive
authority.
3. Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Commission of fraud by or on behalf of
the licensee in obtaining a license or a renewal thereof, or in practicing
optometry thereunder.
5. Habitual drunkenness or addiction to
any controlled substance.
6. Gross incompetency.
7. Affliction with any mental or physical
disorder or disturbance seriously impairing his or her competency as an
optometrist.
8. Making false or misleading
representations, by or on behalf of the licensee, with respect to optometric
materials or services.
9. Practice by the licensee, or attempting
or offering so to do, while in an intoxicated condition.
10. Perpetration of unethical or
unprofessional conduct in the practice of optometry.
11. Knowingly procuring or administering a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled substance
or dangerous drug:
(a) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy
which is licensed pursuant to chapter 639 of
NRS and which has been recommended by the State Board of Pharmacy pursuant to
subsection 4 of NRS 639.2328; or
(c) Is marijuana being used for medical purposes
in accordance with chapter 453A of NRS.
12. Any violation of the provisions of
this chapter or any regulations adopted pursuant thereto.
13. Operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
[67:208:1955]—(NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790, 2871; 2003, 2711; 2009, 890; 2011, 263, 854)
NRS 636.296 Inspection of premises by Board. A
member or any agent of the Board may enter any premises in this State where a
person who holds a license issued pursuant to the provisions of this chapter
practices optometry and inspect it to determine whether a violation of any
provision of this chapter has occurred, including, without limitation, an
inspection to determine whether any person at the premises is practicing
optometry without a license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2231)
NRS 636.300 Unethical or unprofessional conduct: Improper association or use
of prescription blanks. The
following acts, among others, constitute unethical or unprofessional conduct:
1. Association as an optometrist with any
person, firm or corporation violating this chapter.
2. Accepting employment, directly or
indirectly, from a person not licensed to practice optometry in this State to
assist the person in such practice or enabling the person to engage therein,
except as authorized in NRS 636.347.
3. Signing the prescription blanks of
another optometrist or allowing another optometrist to use his or her
prescription blanks.
4. Except as otherwise provided in NRS 636.372 and 636.373,
practicing in or on premises where any materials other than those necessary to
render optometric examinations or services are dispensed to the public, or
where a business is being conducted not exclusively devoted to optometry or
other healing arts and materials or merchandise are displayed having no
relation to the practice of optometry or other healing arts.
[68:208:1955]—(NRS A 1961, 760; 1973, 536; 1979, 952;
1981, 595; 1985,
1919; 1993,
2872; 1995,
2564)
NRS 636.301 Unethical or unprofessional conduct: Division of fees;
exceptions. The following acts,
among others, constitute unethical or unprofessional conduct:
1. Division of fees with another
optometrist or a health maintenance organization, except where the division is
made in proportion to the services performed for the patient and the
responsibility assumed by each.
2. Division of fees or any understanding
or arrangement with any person who is not an optometrist or a health
maintenance organization, unless in accordance with NRS
636.374.
(Added to NRS by 1985, 1917; A 2001, 1001)
NRS 636.302 Unethical or unprofessional conduct: Restrictions on
advertising. The following acts,
among others, constitute unethical or unprofessional conduct:
1. Making a house-to-house canvass, either
in person or by another person, for advertising, selling or soliciting the sale
of eyeglasses, frames, lenses, mountings, or optometric examinations or
services.
2. Circulating or publishing, directly or
indirectly, any false, fraudulent or misleading statement as to optometric
materials or services, his or her method of practice or skill, or the method of
practice or skill of any other licensee.
3. Advertising in any manner that will
tend to deceive, defraud or mislead the public.
4. Advertising, directly or indirectly,
free optometric examinations or services.
(Added to NRS by 1985, 1917; A 1993, 2872)
NRS 636.303 Unethical or unprofessional conduct: Use of pharmaceutical agent
for treatment; repeated malpractice. The
following acts, among others, constitute unethical or unprofessional conduct:
1. Using any pharmaceutical agent for the
purpose of treatment which the licensee is authorized to use only for the
purpose of diagnosis.
2. Repeated malpractice, which may be
evidenced by claims of malpractice settled against a practitioner.
(Added to NRS by 1985, 1918)
NRS 636.304 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to practice optometry, the Board shall deem the license
issued to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Board receives a letter issued
to the holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license to
practice optometry that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2137; A 2005, 2807)
NRS 636.305 Complaint against licensee: Persons authorized to make
complaint; particularity of charges. A
complaint may be made against a licensee by:
1. An agent or inspector employed by the
Board;
2. Any other licensee; or
3. Any aggrieved person,
Ê charging one
or more of the causes for disciplinary action with such particularity as to
enable the defendant licensee to prepare a defense.
[69:208:1955]—(NRS A 1985, 156)
NRS 636.310 Form and filing of complaint. A
complaint must be made in writing. The original complaint and two copies must
be filed with the Executive Director. A complaint may be filed anonymously. If
a complaint is filed anonymously, the Board may accept the complaint but may
refuse to consider the complaint if anonymity of the complainant makes
processing the complaint impossible or unfair to the person who is the subject
of the complaint.
[70:208:1955]—(NRS A 1993, 2873; 2013, 2232)
NRS 636.315 Procedure following filing of complaint; retention of
complaints.
1. As soon as practicable after the filing
of a complaint, the Board shall notify the licensee against whom the complaint
is filed and fix a date for its review of the complaint. If the Board receives
a report pursuant to subsection 5 of NRS
228.420, a hearing must be held within 30 days after receiving the report.
The licensee must be allowed a reasonable amount of time to respond to the
allegations of the complaint. The Executive Director shall notify the licensee
of the time, date and place fixed for the Board’s review of the complaint.
2. After reviewing the complaint, the
Board shall dismiss the complaint or file a formal charge against the licensee.
If a formal charge is filed, the Executive Director shall prepare the charge in
accordance with the Board’s regulations and send a copy to the licensee. The
licensee must be allowed a reasonable amount of time to file a response to the
charge.
3. Within a reasonable time after the
Executive Director sends a copy of the charge to the licensee, the Board shall
fix the time, date and place for a hearing and the Executive Director shall
notify the licensee thereof.
4. The Board shall retain all complaints
received by the Board pursuant to this section for at least 10 years,
including, without limitation, any complaints not acted upon.
[71:208:1955]—(NRS A 1993, 791, 2873; 2009, 890)
NRS 636.320 Public hearing of formal charge; rights of licensee. The hearing of a formal charge must be
conducted publicly by the Board. The licensee against whom the charge is filed
must be accorded the right to appear in person and by legal counsel, and given
adequate opportunity to confront the witnesses against him or her, to testify
and introduce the testimony of witnesses in his or her behalf, and to submit
argument and brief in person or by counsel.
[72:208:1955]—(NRS A 1993, 2873)
NRS 636.325 Decision of Board; authorized disciplinary action; private
reprimands prohibited; orders imposing discipline deemed public records.
1. Upon conclusion of the hearing, or
waiver thereof by the person against whom the charge is filed, the Board shall
make and announce its decision. If the Board determines that the allegations
included in the charge are true, it may take any one or more of the following
actions:
(a) Publicly reprimand the licensee;
(b) Place the licensee on probation for a
specified or unspecified period;
(c) Suspend the licensee from practice for a
specified or unspecified period;
(d) Revoke the licensee’s license; or
(e) Impose an administrative fine pursuant to the
provisions of NRS 636.420.
Ê The Board may,
in connection with a reprimand, probation or suspension, impose such other
terms or conditions as it deems necessary.
2. If the Board determines that the
allegations included in the charge are false or do not warrant disciplinary
action, it shall dismiss the charge.
3. The Board shall not issue a private
reprimand.
4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
[73:208:1955]—(NRS A 1985, 156; 1993, 2873; 2003, 3450; 2013, 2232)
NRS 636.330 Application for rehearing. If
the Board makes a decision which is adverse to the licensee, the licensee may
apply for a rehearing within 10 days after the Board announces its decision.
The Board shall grant or deny the application within a reasonable time
thereafter.
[74:208:1955]—(NRS A 1985, 156; 1993, 2874)
NRS 636.335 Rehearing: Notice to licensee; conduct; decision. If the Board grants a rehearing, the Executive
Director shall, as soon as is reasonably possible, notify the licensee of the
time, date and place of the rehearing. The rehearing must be conducted in the
same manner as the former hearing. Upon conclusion of the rehearing, or as soon
as is reasonably possible, the Board shall make and announce its decision.
[75:208:1955]—(NRS A 1993, 2874)
NRS 636.336 Board to cooperate with other agencies investigating persons. The Board shall, to the extent feasible,
communicate or cooperate with or provide any documents or other information to
any other licensing board or any other agency that is investigating a person,
including a law enforcement agency.
(Added to NRS by 2013, 2231)
NRS 636.337 Disciplinary action by hearing officer or panel: Procedural
requirements; powers and duties of officer or panel; appeals.
1. Any disciplinary action taken by a
hearing officer or panel pursuant to NRS 636.110 is
subject to the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties given
to the Board in relation thereto.
2. A decision of the hearing officer or
panel relating to the imposition of an administrative fine or penalty is a
final decision in a contested case. Any party aggrieved by a decision of the
officer or panel to revoke or suspend a license may appeal that decision to the
Board.
(Added to NRS by 1983, 1536)
NRS 636.340 Restoration of revoked or suspended license. [Effective until 2
years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] Unless
a license is suspended pursuant to NRS
425.540, on or after the expiration of 6 months following the revocation or
suspension of a license, an application may be made for the restoration of the
license and the Board may, in the exercise of reasonable discretion, restore
the license absolutely or upon specified conditions.
[76:208:1955]—(NRS A 1997, 2138; 2005, 2807)
NRS 636.340 Restoration of revoked or
suspended license. [Effective on the date 2 years after the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.] On or after the expiration of 6 months
following the revocation or suspension of a license, an application may be made
for the restoration of the license and the Board may, in the exercise of
reasonable discretion, restore the license absolutely or upon specified
conditions.
[76:208:1955]—(NRS A 1997, 2138; 2005, 2807,
effective on the date 2 years after the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings)
NRS 636.341 Practicing or offering to practice without license: Reporting
requirements of Board. Unless the
Board determines that extenuating circumstances exist, the Board shall forward
to the appropriate law enforcement agency any substantiated information
submitted to the Board concerning a person who practices or offers to practice
optometry without a license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2231)
RIGHTS, DUTIES AND PROTECTION OF LICENSEES
NRS 636.345 Licensee authorized to practice. A
licensee shall be authorized and entitled to practice optometry in this State
subject to the provisions of this chapter.
[77:208:1955]
NRS 636.347 Permit required for professional association with health
maintenance organization; regulations.
1. No licensee may be employed by or
contract with a health maintenance organization to provide services therefor
unless the licensee has obtained a permit to do so from the Board.
2. Written application for a permit must
be made on a form prescribed by the Board. The Board shall adopt reasonable
regulations prescribing the procedure for obtaining a permit pursuant to this
section.
3. For the purposes of this section,
“health maintenance organization” has the meaning ascribed to it in NRS 695C.030.
(Added to NRS by 1985, 1918)
NRS 636.350 Certificate of registration required to practice under assumed
or fictitious name; regulations.
1. An optometrist shall not practice
optometry under an assumed or fictitious name unless the optometrist has been
issued a certificate of registration by the Board to practice optometry under
an assumed or fictitious name.
2. An optometrist who applies for a
certificate of registration to practice optometry under an assumed or
fictitious name must submit to the Board an application on a form provided by
the Board.
3. Each optometrist who is issued a
certificate of registration pursuant to this section shall:
(a) Comply with the provisions of chapter 602 of NRS; and
(b) Display or cause to be displayed near the
entrance of his or her business the full name of the optometrist and the words
or letters that designate him or her as an optometrist.
4. The Board shall adopt regulations that
prescribe the requirements for the issuance of a certificate of registration to
practice optometry under an assumed or fictitious name.
5. As used in this section, “assumed or
fictitious name” means a name that is not the real name of each person who owns
an interest in a business.
[82:208:1955]—(NRS A 1999, 1915)
NRS 636.355 Unauthorized use of license or renewal card. A licensee shall not be entitled to lend,
sell, or otherwise dispose or permit the unauthorized use of his or her license
or current renewal card.
[78:208:1955]
NRS 636.360 Posting of license and renewal card. Each
holder of an optometry license, or an optometry license and renewal card, shall
post the license or both the license and renewal card in a prominent place at
the location for which it was issued.
[80:208:1955]—(NRS A 1993, 2874)
NRS 636.365 Issuance of duplicate license and renewal card. The Board or the Executive Director may issue
a duplicate license and renewal card if a licensee maintains more than one
place of practice.
[26:208:1955]—(NRS A 1993, 2874)
NRS 636.370 Notice to Board of location of practice.
1. A person who has been issued an initial
license to practice optometry in this State or who is re-establishing a
practice in this State shall, before commencing the practice, notify the
Executive Director, in writing, of the location or locations where the person intends
to practice.
2. A licensee shall notify the Executive
Director in writing before changing the location of his or her practice.
[79:208:1955]—(NRS A 1993, 2874)
NRS 636.372 Leasing of office from unlicensed person.
1. An optometrist may enter into an
agreement with a person who is not licensed pursuant to the provisions of this
chapter for the leasing of a building or a part thereof for use in his or her
practice. The lease may contain a provision which requires that the rent must
be based on a percentage of the revenue earned by the optometrist in his or her
practice if the total amount of rent paid for the building or part thereof does
not exceed its fair rental value, including any furniture, fixtures or
equipment therein.
2. An optometrist who enters into such a
lease with a physician may locate his or her office in the same place of
business as the physician without a physical separation between the office and
the place of business.
3. The Board may adopt regulations
prescribing the requirements for such leases. The regulations must ensure the
quality of optometric care and the practice of optometry without restricting
competition or the commercial practice of optometry.
(Added to NRS by 1993, 2864; A 1995, 2565)
NRS 636.373 Associations or other business relationships with physicians.
1. An optometrist may form an association
or other business relationship with a physician to provide their respective
services to patients.
2. If such an association or business
relationship is formed, the optometrist may:
(a) Locate his or her office in the same place of
business as the physician without a physical separation between the office and
the place of business.
(b) Authorize the physician to have access to any
medical records in the possession of the optometrist relating to a patient who
is being treated by both the optometrist and the physician.
(c) Advertise and promote the services provided
by the association or business consistent with the restrictions on advertising
set forth in NRS 636.302.
3. This section does not authorize an
optometrist to employ or be employed by a physician.
(Added to NRS by 1995, 2564)
NRS 636.374 Collaboration with ophthalmologist: Records; fixed fee; patient
referrals; required documents. An
optometrist may, based upon the individual needs of a particular patient,
collaborate with an ophthalmologist for the provision of care to the patient,
for a fixed fee, regarding one or more surgical procedures if:
1. The collaborating parties prepare and
maintain in their respective medical records regarding the patient, written
documentation of each procedure and other service performed by each
collaborating party which includes the date each procedure and other service is
performed;
2. The fixed fee is divided between the
collaborating parties in proportion to the services personally performed by
each of them;
3. The collaborating parties agree that
the collaborating optometrist will refer the patient back to the collaborating
ophthalmologist or, if the collaborating ophthalmologist is not available,
another ophthalmologist designated by the collaborating ophthalmologist to
provide care to the patient if the medical needs of the patient necessitate the
provision of care by an ophthalmologist; and
4. The collaborating parties provide to
the patient and maintain in their respective medical records regarding the
patient, a written document, signed by each of the collaborating parties and
the patient, containing:
(a) The name, business address and telephone
number of each of the collaborating parties;
(b) The amount of the fixed fee for the
procedures and services;
(c) The proportion of that fee to be received by
each collaborating party;
(d) A statement, signed by the patient and a
witness who is not one of the collaborating parties, that the patient
voluntarily, knowingly and willingly desires the performance of the
postoperative care by the collaborating optometrist;
(e) A statement that the patient is entitled to
return to the collaborating ophthalmologist for postoperative care at any time
after the surgery; and
(f) A statement which:
(1) Indicates that the practice of
optometry and ophthalmology are respectively regulated by the Nevada State
Board of Optometry and the Board of Medical Examiners; and
(2) Contains the address and telephone
number of each of those Boards.
(Added to NRS by 2001, 1000; A 2009, 452)
NRS 636.375 Manner of giving notices to licensees. Any
notice required to be given by the Board or the Executive Director to a
licensee may be transmitted by ordinary first-class, certified or registered
mail, postage prepaid, addressed to the licensee at the location listed by the
Executive Director for that licensee.
[29:208:1955]—(NRS A 1969, 95; 1993, 2875)
NRS 636.380 Right to advertise. A
licensee shall be entitled fairly, ethically and truthfully to advertise the
practice of optometry.
[81:208:1955]
NRS 636.382 Topical ophthalmic pharmaceutical agents: Certification
authorizing use; regulations of Board; agents authorized for diagnostic use.
1. No licensed optometrist may administer
topical ophthalmic pharmaceutical agents unless the optometrist has received
certification from the Board authorizing him or her to do so.
2. The Board shall adopt regulations
prescribing the diagnostic uses to which the agents enumerated in subsection 3
may be put, the manner in which such agents may be used, and the qualifications
and requirements for such certification which must include:
(a) A valid license to practice optometry in this
State;
(b) Satisfactory completion of a curriculum
approved by the Board, which must include general and ocular pharmacology, at
an institution approved by the Board and accredited by a regional or
professional accrediting organization and recognized or approved by the Council
on Post-Secondary Accreditation, the Northwest Accreditation Association or the
United States Department of Education; and
(c) Successful completion of an appropriate
examination approved and administered by the Board.
3. The following topical ophthalmic
pharmaceutical agents may be used for diagnostic purposes by an optometrist who
has been authorized by the Board to do so:
(a) Mydriatics;
(b) Cycloplegics;
(c) Topical anesthetics; and
(d) Miotics.
(Added to NRS by 1979, 950; A 1983, 150; 1993, 2875)
NRS 636.385 Use of and payment for optometric services by administrative
agencies and public schools.
1. No state, county or municipal agency,
board, commission or institution, including public schools, in the performance
of its duties, shall in any way show any discrimination between ocular
practitioners.
2. All such agencies, boards, commissions
and institutions, including public schools, shall honor ocular reports or other
professional services and pay for services performed by legally qualified and
licensed optometrists in the same manner as they honor reports and pay for
services performed by other professions in the State of Nevada.
[6:208:1955]
NRS 636.387 Requirements for prescriptions for ophthalmic lenses;
requirements for initial fitting of contact lenses.
1. The form for any prescription which is
issued for an ophthalmic lens by an optometrist in this State must contain
lines or boxes in substantially the following form:
Approved for contact lenses............................................................ ____________
Not approved for contact lenses..................................................... ____________
2. The prescribing optometrist shall mark
or check one of the lines or boxes required by subsection 1 each time such a
prescription is issued by the optometrist.
3. If the prescription is for a contact
lens, the form must set forth the expiration date of the prescription, the
number of refills approved for the patient and such other information as is
necessary for the prescription to be filled properly.
4. The initial fitting of a contact lens
must be performed by an ophthalmologist or optometrist licensed in this State.
5. As used in this section, “initial
fitting” means measuring the health, integrity and refractive error of the eye
to determine whether contacts may be approved pursuant to subsection 1.
(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 512)
APPLICABILITY OF CHAPTER
NRS 636.390 Chapter does not apply to licensed physicians and surgeons. This chapter shall not be construed to apply
to physicians and surgeons duly licensed to practice in this State.
[Part 83:208:1955]
NRS 636.393 Chapter does not apply to certain students, clinicians or
instructors.
1. Except as provided in subsection 2, a
person is exempt from the provisions of this chapter regulating the practice of
optometry if the person is engaged in a clinical program of a school or college
of optometry accredited by the Board and if the person is:
(a) A student who is enrolled in a clinical
program of an undergraduate or graduate course of study in optometry at such a
school or college; or
(b) Licensed to practice optometry in another
state and is employed as a clinician or instructor at such a school or college.
2. A person who is employed as a clinician
or instructor and who engages in the practice of optometry in this State is
required to be licensed by the Board.
(Added to NRS by 1977, 612)
NRS 636.395 Chapter does not prohibit certain sales. The provisions of this chapter shall not
prohibit:
1. The sale of goggles, sunglasses,
colored glasses or occupational eye-protective devices if they do not have
refractive values; or
2. The sale of complete ready-to-wear
eyeglasses as merchandise by any person not holding himself or herself out as
competent to examine, test or prescribe for the human eye or its refractive
errors.
[Part 83:208:1955]
ENFORCEMENT AND PENALTIES
NRS 636.405 Duties of peace officers and district attorneys.
1. Constables, police officers and
sheriffs shall report violations of this chapter to the Executive Director, and
shall render assistance to the Board or any officer thereof if called upon so
to do.
2. District attorneys shall prosecute
violations of this chapter.
[84:208:1955] + [85:208:1955]—(NRS A 1993, 2876)
NRS 636.407 Injunctive relief available to Board. The
Board may cause appropriate legal action to be taken in the district court of
any county to secure an injunction or order restraining the unauthorized practice
of optometry.
(Added to NRS by 1961, 758)
NRS 636.410 Penalties for violations. A
violation of this chapter shall constitute a gross misdemeanor and shall be
punishable as such, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
[86:208:1955]—(NRS A 2013, 999)
NRS 636.420 Administrative fines. Any
person licensed under this chapter who violates any provision of this chapter
or any regulation of the Board relating to the practice of optometry is liable
to the Board for an administrative fine of not less than $100 or more than
$5,000.
(Added to NRS by 1973, 536; A 1983, 233; 1985, 23, 156; 1993, 1193)
