[Rev. 2/11/2015 11:43:55
AM--2014R2]
CHAPTER 637 - DISPENSING OPTICIANS
GENERAL PROVISIONS
NRS 637.010 Short
title.
NRS 637.020 Definitions.
NRS 637.021 “Board”
defined.
NRS 637.0215 “Dispensing
optician” defined.
NRS 637.022 “Ophthalmic
dispensing” defined.
NRS 637.023 “Prescriber”
defined.
NRS 637.0235 “Prescription”
defined.
NRS 637.024 “Supervision”
defined.
NRS 637.025 Applicability.
BOARD OF DISPENSING OPTICIANS
NRS 637.030 Creation;
number, appointment, qualifications and removal of members; representative of
general public not to participate in examination.
NRS 637.040 Election
of officers; issuance of subpoenas; administration of oaths.
NRS 637.045 Compensation
of members and employees.
NRS 637.050 Offices;
meetings.
NRS 637.060 Deposit
and use 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 637.070 Rules
and regulations; seal; members may be empowered to conduct proceedings,
hearings and investigations; employees and assistants.
NRS 637.073 Board
to adopt regulations setting minimum standards for optical and ophthalmic
devices.
NRS 637.075 Fiscal
year.
NRS 637.085 Confidentiality
of certain records of Board; exceptions.
LICENSING
NRS 637.090 Active
license required for practice of ophthalmic dispensing or management of
business engaged in ophthalmic dispensing.
NRS 637.100 Qualifications
for examination and licensing as dispensing optician; regulations governing
licensing of apprentice dispensing optician.
NRS 637.110 Fees
for application for license as dispensing optician and apprentice dispensing
optician; requirements for examination; waiver of examination; passing score.
NRS 637.113 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 637.113 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 637.115 Board
to maintain public records concerning applicants.
NRS 637.120 Issuance
of license as dispensing optician; display of license; nontransferability;
issuance of duplicate license.
NRS 637.121 Limited
license as dispensing optician.
NRS 637.123 Apprentice
dispensing optician: Expiration and renewal of license; fees; continuing
education; limitations on renewal.
NRS 637.125 Employment
and supervision of dispensing opticians, apprentice dispensing opticians and
other assistants; regulations.
NRS 637.127 Special
license as dispensing optician.
NRS 637.135 Dispensing
optician: Continuing education.
NRS 637.140 Dispensing
optician: Expiration and renewal of license; fees; inactive status;
reactivation of license.
DISCIPLINARY ACTION
NRS 637.150 Grounds;
authorized disciplinary action; private reprimands prohibited; orders imposing
discipline deemed public records.
NRS 637.153 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 637.154 Investigation
of licensee.
NRS 637.155 Hearing
on report of certain violations.
NRS 637.170 Reinstatement
of revoked license; fee.
MISCELLANEOUS PROVISIONS
NRS 637.175 Expiration
of prescriptions.
ENFORCEMENT; UNLAWFUL ACTS
NRS 637.181 Investigation
of unlicensed activity; issuance of order to cease and desist; administrative
fine; retention of complaints.
NRS 637.183 Administrative
fine for violation of provisions governing employment and supervision of
dispensing opticians, apprentice dispensing opticians and other assistants.
NRS 637.185 Injunctive
relief.
NRS 637.190 Enforcement
of subpoenas issued by Board.
NRS 637.200 Unlawful
acts.
_________
GENERAL PROVISIONS
NRS 637.010 Short title. This
chapter may be cited as the Dispensing Opticians Act of 1951.
[1:216:1951]
NRS 637.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 637.021 to 637.024, inclusive, have the meanings ascribed to them
in those sections.
[2:216:1951; A 1953, 554]—(NRS A 1961, 761; 1975,
549; 1977, 191;
1979, 1194;
1985, 534; 1987, 603)
NRS 637.021 “Board” defined. “Board”
means the Board of Dispensing Opticians.
(Added to NRS by 1987, 601)
NRS 637.0215 “Dispensing optician” defined. “Dispensing
optician” means a person engaged in the practice of ophthalmic dispensing.
(Added to NRS by 1987, 601)
NRS 637.022 “Ophthalmic dispensing” defined.
1. “Ophthalmic dispensing” means the
design, verification and delivery to the intended wearer of lenses, frames and
other specially fabricated optical devices upon prescription.
2. The term includes:
(a) The taking of measurements to determine the
size, shape and specifications of the lenses, frames or contact lenses;
(b) The preparation and delivery of work orders
to laboratory technicians engaged in grinding lenses and fabricating eyewear;
(c) The verification of the quality of finished
ophthalmic products;
(d) The adjustment of lenses or frames to the
intended wearer’s face or eyes;
(e) The adjustment, replacement, repair and
reproduction of previously prepared ophthalmic lenses, frames or other
specially fabricated ophthalmic devices; and
(f) The fitting of contact lenses and the
dispensing of prepackaged contact lenses pursuant to a written prescription,
when done by a dispensing optician or apprentice dispensing optician who is
authorized to do so pursuant to the provisions of this chapter.
3. The term does not include any act for
which a license is required pursuant to chapter
630 or 636 of NRS, and the provisions of
this chapter do not authorize a dispensing optician or apprentice dispensing
optician to perform any such act.
(Added to NRS by 1987, 601; A 2003, 2011)
NRS 637.023 “Prescriber” defined. “Prescriber”
means a physician or optometrist authorized to examine eyes and prescribe
therapeutic or corrective lenses.
(Added to NRS by 1987, 602)
NRS 637.0235 “Prescription” defined. “Prescription”
means a direction from a licensed prescriber to:
1. Prepare therapeutic or corrective
lenses; or
2. Dispense a prepackaged contact lens that
does not require any adjustment, modification or fitting.
(Added to NRS by 1987, 602; A 1997, 1258)
NRS 637.024 “Supervision” defined. “Supervision”
means the provision of individual direction, control, inspection and evaluation
of work.
(Added to NRS by 1987, 602)
NRS 637.025 Applicability. The
provisions of this chapter do not apply to:
1. Ophthalmic dispensing personally by a
licensed physician, surgeon or optometrist unless exclusively engaged in the
business of filling prescriptions.
2. Ophthalmic dispensing by an employee of
a licensed physician, surgeon or optometrist if the employee practices
ophthalmic dispensing only under the direct supervision of the licensed
physician, surgeon or optometrist and only as an assistant to the licensed
physician, surgeon or optometrist.
3. A licensed pharmacist dispensing
prepackaged contact lenses pursuant to the provisions of NRS 639.2825.
4. The sale of goggles, sunglasses,
colored glasses or occupational protective eye devices not having a refractive
value, or the sale as merchandise of complete ready-to-wear eyeglasses.
[13:216:1951]—(NRS A 2003, 2012)
BOARD OF DISPENSING OPTICIANS
NRS 637.030 Creation; number, appointment, qualifications and removal of
members; representative of general public not to participate in examination.
1. The Board of Dispensing Opticians,
consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who have actively engaged in the
practice of ophthalmic dispensing for not less than 3 years in the State of
Nevada immediately preceding the appointment.
(b) One member who is a representative of the
general public. This member must not be:
(1) A dispensing optician; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a dispensing optician.
3. The Governor, after hearing, may remove
any member for cause.
4. The member who is the representative of
the general public shall not participate in preparing, conducting or grading
any examination required by the Board.
[Part 10:216:1951; A 1953, 554]—(NRS A 1977, 1255; 1979, 1195; 2003, 1195)
NRS 637.040 Election of officers; issuance of subpoenas; administration of
oaths.
1. The Board shall elect a President, Vice
President, Secretary and Treasurer from its membership.
2. Any member of the Board may:
(a) Issue subpoenas to compel the attendance of
witnesses to testify before the Board or the production of books, papers and
documents. Subpoenas must issue under the seal of the Board and must be served
in the same manner as subpoenas issued out of the district court.
(b) Administer oaths in taking testimony in any
matter pertaining to the duties of the Board.
[Part 11:216:1951; A 1953, 554]—(NRS A 1987, 603; 2007, 1239)
NRS 637.045 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.
(Added to NRS by 1963, 154; A 1975, 305, 549; 1981, 1993; 1985, 444; 1989, 911, 1700; 2007, 2950)
NRS 637.050 Offices; meetings.
1. The principal office of the Board is
the place of business or employment of the Secretary of the Board, but it may
maintain offices in as many localities in the State as it finds necessary to
carry out the provisions of this chapter, and may meet or conduct any of its
business at any place in the State.
2. The Board shall meet at least once in
the fall of each year on a date determined by the Board, at which time
candidates applying for licensing must be examined and their qualifications
determined.
3. In addition to the meeting required by
subsection 2, the Board may hold such other meetings as it may deem advisable.
The time and place of all such meetings must be determined by the Board.
[Part 4:216:1951; R 1953, 554; new section added
1953, 554] + [Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1979, 1195; 1983, 1448; 1987, 603)
NRS 637.060 Deposit and use 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 received by the Board under the provisions of this
chapter must be deposited in banks, credit unions or savings and loan
associations in the State of Nevada. The money may be drawn on by the Board for
payment of all expenses incurred in the administration of the provisions of
this chapter.
2. In a manner consistent with the
provisions of chapter 622A of NRS, 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 therefor and deposit the money therefrom 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 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.
[Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1983, 1537; 1999, 1534; 2005, 771)
NRS 637.070 Rules and regulations; seal; members may be empowered to conduct
proceedings, hearings and investigations; employees and assistants.
1. The Board may adopt such rules and
regulations as it may deem necessary to carry out the provisions of this chapter.
2. The Board shall have a common seal of
which all courts of this State shall take judicial notice.
3. The Board may empower any member to
conduct any proceeding, hearing or investigation necessary to its purposes.
4. The Board may employ and fix the
compensation of attorneys, investigators and other professional consultants and
such other employees and assistants as it may deem necessary to carry out the
provisions of this chapter.
[Part 10:216:1951; A 1953, 554] + [Part 11:216:1951;
A 1953, 554]—(NRS A 1963, 155)
NRS 637.073 Board to adopt regulations setting minimum standards for optical
and ophthalmic devices.
1. The Board shall adopt regulations
setting forth minimum standards for lenses, frames, specially fabricated
optical devices and other ophthalmic devices dispensed by a person licensed as
a dispensing optician.
2. The standards adopted by the Board must
be consistent with the minimum standards of quality approved by the American
National Standards Institute.
(Added to NRS by 2007, 1238)
NRS 637.075 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 637.085 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section, all applications for licensure, financial records of the Board and
records of hearings and any order or decision of the Board or a panel must be
open to the public.
2. Except as otherwise provided in this
section and NRS 239.0115, the
following may be kept confidential:
(a) Any statement, evidence, credential or other
proof submitted in support of or to verify the contents of an application.
(b) Any report concerning the fitness of any
person to receive or hold a license to practice ophthalmic dispensing.
(c) Any communication between:
(1) The Board and any of its committees or
panels; and
(2) The Board or its staff, investigators,
experts, committees, panels, hearing officers, advisory members or consultants
and counsel for the Board.
(d) Any other information or records in the
possession of the Board.
3. 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
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
4. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
5. 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, without limitation, a law enforcement
agency.
(Added to NRS by 1987, 602; A 2003, 3451; 2005, 771; 2007, 2139; 2013, 2233)
LICENSING
NRS 637.090 Active license required for practice of ophthalmic dispensing or
management of business engaged in ophthalmic dispensing. A person shall not engage in the practice of
ophthalmic dispensing or manage a business engaged in ophthalmic dispensing without
holding a valid, active license issued as provided by this chapter.
[3:216:1951; A 1953, 554]—(NRS A 1979, 1196; 1987, 604)
NRS 637.100 Qualifications for examination and licensing as dispensing
optician; regulations governing licensing of apprentice dispensing optician.
1. To qualify for examination and
licensing as a dispensing optician, an applicant must furnish proof that the
applicant:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States.
(d) Is a graduate of an accredited high school or
its equivalent.
(e) Has passed the examination of the American
Board of Opticianry.
(f) Has done either of the following:
(1) Served as an apprentice dispensing
optician for not less than 3 years in an optical establishment where
prescriptions for spectacles or contact lenses from given formulae are fitted
and filled under the direct supervision of a licensed dispensing optician,
licensed ophthalmologist or licensed optometrist for the purpose of acquiring
experience in ophthalmic dispensing and has passed an educational program on
the theory of ophthalmic dispensing approved by the Board; or
(2) Successfully completed a course of
study in a school which offers a degree of associate in applied science for
studies in ophthalmic dispensing approved by the Board and has had 1 year of
ophthalmic experience as an apprentice dispensing optician under the direct
supervision of a licensed dispensing optician, licensed ophthalmologist or
licensed optometrist.
(g) Has done all of the following:
(1) Successfully completed a course of
instruction on the fitting of contact lenses approved by the Board;
(2) Completed at least 100 hours of
training and experience in the fitting of and filling of prescriptions for
contact lenses under the direct supervision of a licensed dispensing optician
authorized to fit and fill prescriptions for contact lenses, a licensed
ophthalmologist or a licensed optometrist;
(3) Passed the Contact Lens Registry
Examination of the National Committee of Contact Lens Examiners; and
(4) Passed the practical examination on
the fitting of and filling of prescriptions for contact lenses adopted by the
Board.
2. The Board shall adopt regulations to
carry out the provisions of this section, including, without limitation,
regulations that establish requirements for:
(a) The program of apprenticeship for apprentice
dispensing opticians;
(b) The training and experience of apprentice
dispensing opticians; and
(c) The issuance of licenses to apprentice
dispensing opticians.
[Part 4:216:1951; R 1953, 554; new section added
1953, 554]—(NRS A 1971, 220; 1975, 549; 1977, 1566; 1979, 603, 1196; 1989, 911; 2003, 2012)
NRS 637.110 Fees for application for license as dispensing optician and
apprentice dispensing optician; requirements for examination; waiver of
examination; passing score.
1. An application for the issuance of a
license as an apprentice dispensing optician must be accompanied by a fee of
not more than $250 to cover the costs of the Board and the initial licensing.
2. An application for the issuance of a
license as a dispensing optician must be accompanied by a fee of not more than
$500 to cover the cost of the examination by the Board and the initial
licensing.
3. The Board shall, if it approves an
application for the issuance of a license as a dispensing optician, examine the
applicant in ophthalmic dispensing, except that the Board may waive the
examination of an applicant who is, at the time of application, licensed as a
dispensing optician in another state.
4. Except as otherwise provided in NRS 622.090, to pass the examination for
the issuance of a license as a dispensing optician, an applicant must achieve a
score of at least 70 percent.
[Part 4:216:1951; R 1953, 554; new section added
1953, 554] + [Part 6:216:1951; A 1953, 554]—(NRS A 1975, 550; 1979, 1196; 1981, 1342; 1987, 604; 1989, 911; 1997, 2139; 2003, 2013, 2017; 2007, 2950)
NRS 637.113 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 as
a dispensing optician or apprentice dispensing optician 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 as a dispensing optician or apprentice dispensing optician 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 as a dispensing optician or
apprentice dispensing optician 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, 2138; A 2003, 2013; 2005, 2737, 2807, 2816)
NRS 637.113 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 as a dispensing optician or apprentice dispensing optician 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 as a dispensing optician or
apprentice dispensing optician 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, 2138; A 2003, 2013; 2005, 2737, 2738, 2807, 2816,
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 637.115 Board to maintain public records concerning applicants. The Board shall maintain records pertaining to
applicants to whom licenses have been issued or denied. These records must be
open to the public and must include:
1. The name of each applicant.
2. The name of the school granting the
diploma to the applicant.
3. The date of the diploma.
4. The business address of the applicant.
5. The date of issuance or denial of the
license.
6. The current status of the license.
(Added to NRS by 1987, 602)
NRS 637.120 Issuance of license as dispensing optician; display of license;
nontransferability; issuance of duplicate license.
1. The Board shall issue a license as a
dispensing optician to each applicant who satisfies the requirements of this
chapter for the issuance of the license.
2. A license as a dispensing optician
authorizes the holder to engage in the practice of ophthalmic dispensing and must
at all times be conspicuously displayed at the holder’s place of practice. The
license is not transferable by the holder.
3. The Board may, upon application and the
payment of a fee not to exceed $100, issue one duplicate license.
[Part 6:216:1951; A 1953, 554]—(NRS A 1979, 1197; 1987, 604; 1989, 912; 2003, 2014)
NRS 637.121 Limited license as dispensing optician.
1. Except as otherwise provided in this
section, a limited license as a dispensing optician authorizes the licensee to
engage in the practice of ophthalmic dispensing pursuant to this chapter.
2. Only a person who is deemed to hold an
active, inactive or delinquent limited license as a dispensing optician on
February 1, 2004, may hold a limited license as a dispensing optician. A
limited license as a dispensing optician may not be issued to any other person.
3. A person practicing ophthalmic
dispensing pursuant to a limited license:
(a) Except as otherwise provided in this section,
is subject to the provisions of this chapter in the same manner as a person
practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the
provisions of this chapter governing the renewal or reactivation of a license;
and
(b) Shall not sell, furnish or fit contact
lenses.
4. A limited license as a dispensing
optician:
(a) Expires on January 31 of each year.
(b) May be renewed before its expiration upon:
(1) Presentation of proof of completion of
the continuing education required by this section; and
(2) Payment of a renewal fee set by the
Board of not more than $200.
(c) Except as otherwise provided in subsection 5,
is delinquent if it is not renewed before January 31 of each year. Not later
than 2 years after the expiration of a limited license, a delinquent limited
license may be reinstated, at the discretion of the Board, upon payment of each
applicable annual renewal fee in addition to the annual delinquency fee set by
the Board of not more than $500.
5. Upon written request to the Board, and
payment of a fee not to exceed $300, a licensee in good standing may have his
or her name and limited license as a dispensing optician transferred to an
inactive list. Such a licensee shall not practice ophthalmic dispensing during
the time the limited license is inactive. If an inactive licensee wishes to
resume the practice of ophthalmic dispensing as limited by this section, the
Board shall reactivate the limited license upon:
(a) If deemed necessary by the Board, the
demonstration by the licensee that the licensee is then qualified and competent
to practice;
(b) The completion of an application; and
(c) Payment of the renewal fee set by the Board
pursuant to subsection 4.
6. To reactivate a limited license as a
dispensing optician pursuant to subsection 5, an inactive licensee is not
required to pay the delinquency fee and the renewal fee for any year while the
license was inactive.
7. Except as otherwise provided in
subsection 8, each person with a limited license as a dispensing optician must
complete courses of continuing education in ophthalmic dispensing each year.
Such continuing education must:
(a) Encompass such subjects as are established by
regulations of the Board.
(b) Consist of a minimum of 12 hours for a period
of 12 months.
8. A person with a limited license as a
dispensing optician who is on active military service is exempt from the
requirements of subsection 7.
9. The Board shall adopt any other
regulations it determines are necessary to carry out the provisions of this
section.
(Added to NRS by 2003, 2009; A 2007, 1239)
NRS 637.123 Apprentice dispensing optician: Expiration and renewal of
license; fees; continuing education; limitations on renewal.
1. Except as otherwise provided in this
section:
(a) The license of an apprentice dispensing
optician expires on January 31 of each year unless the license is renewed
before expiration upon payment of the annual renewal fee set by the Board, not
to exceed $200.
(b) The license of an apprentice dispensing
optician that is not renewed before January 31 is delinquent. A delinquent
license may be reinstated at the discretion of the Board upon payment of each
applicable annual renewal fee and an annual delinquency fee established by the
Board, not to exceed $100.
2. The Board may by regulation require
continuing education as a prerequisite to the renewal of the license of an
apprentice dispensing optician.
3. The license of an apprentice dispensing
optician may be renewed not more than four times, unless the Board determines
that good cause exists for one or more additional renewals.
(Added to NRS by 1987, 602; A 1989, 913; 1997, 2139; 2003, 2014, 2017)
NRS 637.125 Employment and supervision of dispensing opticians, apprentice
dispensing opticians and other assistants; regulations.
1. A person may not employ another person
to perform the services of a dispensing optician unless the other person:
(a) Is licensed by the Board as a dispensing
optician; or
(b) Is licensed by the Board as an apprentice
dispensing optician and is directly supervised as required by the provisions of
this chapter.
2. A licensed dispensing optician may not
allow another person who is under his or her direct supervision to perform the
services of a dispensing optician unless the other person is licensed by the
Board as a dispensing optician or an apprentice dispensing optician.
3. If a person is licensed by the Board as
an apprentice dispensing optician, a licensed dispensing optician, licensed
ophthalmologist or licensed optometrist must:
(a) Directly supervise all work done by the
apprentice dispensing optician.
(b) Be in attendance whenever the apprentice
dispensing optician is engaged in ophthalmic dispensing.
(c) Post the license of the apprentice dispensing
optician in a conspicuous place where the apprentice dispensing optician works.
4. A licensed dispensing optician may not
have under his or her supervision more than two licensed apprentice dispensing
opticians at any one time.
5. A licensed dispensing optician or a
person who employs a licensed dispensing optician may employ other persons to
assist in consulting on optical fashions, and a licensed dispensing optician
may supervise such other persons. Such other persons:
(a) Are not required to be licensed pursuant to
the provisions of this chapter.
(b) May not perform the services of a dispensing
optician.
6. The Board may adopt regulations to
carry out the provisions of this section.
(Added to NRS by 1975, 548; A 1979, 1197; 1987, 605; 1989, 913; 2003, 2015)
NRS 637.127 Special license as dispensing optician.
1. The Board shall issue a special license
as a dispensing optician to an applicant who:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(d) Is a graduate of an accredited high school or
its equivalent;
(e) Has passed the National Opticianry Competency
Examination of the American Board of Opticianry;
(f) Is currently certified by the American Board
of Opticianry;
(g) Has passed the Contact Lens Registry
Examination of the National Contact Lens Examiners;
(h) Is currently certified by the National
Contact Lens Examiners;
(i) Has passed an examination, if one exists, which
is based solely on the provisions of this chapter and any regulations adopted
pursuant thereto and is administered by the Board; and
(j) Has either:
(1) An active license as a dispensing
optician issued by the District of Columbia or any state or territory of the
United States; or
(2) Not less than 5 years of experience as
a dispensing optician.
2. A person practicing ophthalmic
dispensing pursuant to a special license as provided in this section is subject
to the provisions of this chapter in the same manner as a person practicing
ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the
provisions of this chapter governing the renewal, inactivity or reactivation of
a license.
(Added to NRS by 2007, 1843)
NRS 637.135 Dispensing optician: Continuing education.
1. Except as otherwise provided in
subsection 2, all licensed dispensing opticians must complete a yearly program
of continuing education in ophthalmic dispensing.
2. Licensed dispensing opticians on active
military service are exempt from the requirement of this section.
3. The program of continuing education in
ophthalmic dispensing must:
(a) Encompass such subjects as are established by
regulations of the Board.
(b) Consist of a minimum of 14 hours for a period
of 12 months. Of these 14 hours, 7 hours must be related to contact lenses.
(Added to NRS by 1975, 549; A 1979, 1197; 1987, 606; 2003, 2015)
NRS 637.140 Dispensing optician: Expiration and renewal of license; fees;
inactive status; reactivation of license.
1. A license as a dispensing optician
issued under the provisions of this chapter expires on January 31 of each year.
2. A license may be renewed before its
expiration upon:
(a) Presentation of proof of completion of the
continuing education required by NRS 637.135; and
(b) Payment of a renewal fee set by the Board of
not more than $500.
3. Except as otherwise provided in
subsection 4, any license which is not renewed before January 31 of each year
shall be deemed delinquent. Not later than 2 years after the expiration of a
license, a delinquent license may be reinstated, at the discretion of the
Board, upon payment of each applicable annual renewal fee in addition to the
annual delinquency fee set by the Board of not more than $500.
4. Upon written request to the Board, and
payment of a fee not to exceed $300, a licensee in good standing may have his
or her name and license transferred to an inactive list. Such a licensee shall
not practice ophthalmic dispensing during the time the license is inactive. If
an inactive licensee desires to resume the practice of ophthalmic dispensing,
the Board shall reactivate the license upon the:
(a) Demonstration, if deemed necessary by the
Board, that the licensee is then qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the renewal fee set by the Board
pursuant to subsection 2.
Ê Payment of
the delinquency fee and the renewal fee for any year while the license was
inactive is not required.
[8:216:1951]—(NRS A 1975, 550; 1979, 1198; 1981, 1343; 1987, 606; 1989, 913; 1997, 2140; 2003, 2016, 2017; 2007, 1240)
DISCIPLINARY ACTION
NRS 637.150 Grounds; authorized disciplinary action; private reprimands
prohibited; orders imposing discipline deemed public records.
1. Upon proof by substantial evidence that
an applicant or holder of a license:
(a) Has been adjudicated insane;
(b) Habitually uses any controlled substance or
intoxicant;
(c) Has been convicted of a crime involving moral
turpitude;
(d) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(e) Has advertised in any manner which would tend
to deceive, defraud or mislead the public;
(f) Has presented to the Board any diploma,
license or certificate that has been signed or issued unlawfully or under
fraudulent representations, or obtains or has obtained a license to practice in
this State through fraud of any kind;
(g) Has been convicted of a violation of any
federal or state law relating to a controlled substance;
(h) Has, without proper verification, dispensed a
lens, frame, specially fabricated optical device or other ophthalmic device
that does not satisfy the minimum standards established by the Board pursuant
to NRS 637.073;
(i) Has violated any regulation of the Board;
(j) Has violated any provision of this chapter;
(k) Is incompetent;
(l) Is guilty of unethical or unprofessional
conduct as determined by the Board;
(m) Is guilty of repeated malpractice, which may
be evidenced by claims of malpractice settled against a practitioner;
(n) Is guilty of a fraudulent or deceptive practice
as determined by the Board; or
(o) Has operated a medical facility, as defined
in NRS 449.0151, at any time during
which:
(1) The license of the facility was
suspended or revoked; or
(2) An act or omission occurred which
resulted in the suspension or revocation of the license pursuant to NRS 449.160,
Ê the Board
may, in the case of an applicant, refuse to grant the applicant a license, or
may, in the case of a holder of a license, place the holder on probation,
reprimand the holder publicly, require the holder to pay an administrative fine
of not more than $10,000, suspend or revoke the holder’s license, or take any
combination of these disciplinary actions.
2. The Board shall not privately reprimand
a holder of a license.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. The provisions of paragraph (o) of
subsection 1 apply to an owner or other principal responsible for the operation
of the medical facility.
[Part 5:216:1951; R 1953, 554; new section added
1953, 554] + [7:216:1951]—(NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538; 1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451; 2005, 772; 2007, 1240; 2009, 891; 2011, 855)
NRS 637.153 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
licensed as a dispensing optician or apprentice dispensing optician, 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 as
a dispensing optician or apprentice dispensing optician 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, 2139; A 2005, 2807)
NRS 637.154 Investigation of licensee.
1. To the extent that money is available
for that purpose, the Board may, upon its own motion, investigate the actions
of any person who holds a license issued pursuant to this chapter that may
constitute grounds for refusal to issue such a license, or the suspension or
revocation of the license.
2. The Board may accept gifts, grants and
donations of money from any source to carry out the provisions of this section.
(Added to NRS by 2013, 2232)
NRS 637.155 Hearing on report of certain violations. If the Board receives a report pursuant to
subsection 5 of NRS 228.420, a hearing
to consider the report must be held within 30 days after receiving the report.
(Added to NRS by 1993, 791)
NRS 637.170 Reinstatement of revoked license; fee.
1. Any licensee whose license was revoked
by the Board may apply for reinstatement of the license pursuant to the
provisions of chapter 622A of NRS.
2. In addition to the requirements for
reinstatement of the license pursuant to chapter
622A of NRS, the Board may reinstate the license upon the applicant’s
payment of a fee set by the Board to cover the administrative costs of any
investigation and hearing.
[Part 5:216:1951; R 1953, 554; new section added
1953, 554]—(NRS A 1975, 550; 1979, 1199; 1987, 607; 1989, 914; 2003, 2017; 2005, 772)
MISCELLANEOUS PROVISIONS
NRS 637.175 Expiration of prescriptions. A
prescription received by a dispensing optician shall be deemed to have an
expiration date of 2 years after the date the prescription was issued unless
the practitioner who wrote the prescription includes on the prescription a
different period.
(Added to NRS by 2007, 1239)
ENFORCEMENT; UNLAWFUL ACTS
NRS 637.181 Investigation of unlicensed activity; issuance of order to cease
and desist; administrative fine; retention of complaints. Notwithstanding the provisions of chapter 622A of NRS:
1. The Board shall conduct an
investigation if it receives a complaint that sets forth reason to believe that
a person, without the proper license, is engaging in an activity for which a
license is required pursuant to this chapter. The complaint must be:
(a) Made in writing; and
(b) Signed and verified by the person filing the
complaint.
2. If the Board determines that a person,
without the proper license, is engaging in an activity for which a license is
required pursuant to this chapter, the Board:
(a) Shall issue and serve on the person an order
to cease and desist from engaging in the activity until such time as the person
obtains the proper license from the Board.
(b) May, after notice and opportunity for a
hearing, impose upon the person an administrative fine of not more than
$10,000. The imposition of an administrative fine is a final decision for the
purposes of judicial review.
3. An administrative fine imposed pursuant
to this section is in addition to any other penalty provided in this chapter.
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.
(Added to NRS by 2003, 2010; A 2005, 773; 2007, 1241; 2009, 892)
NRS 637.183 Administrative fine for violation of provisions governing
employment and supervision of dispensing opticians, apprentice dispensing
opticians and other assistants.
1. The Board may impose an administrative
fine against a person who is not licensed pursuant to the provisions of this
chapter if:
(a) The person violates any provision of NRS 637.125 or any regulation adopted by the Board to
carry out the provisions of that section; or
(b) The person employs a dispensing optician,
apprentice dispensing optician or other person and the dispensing optician,
apprentice dispensing optician or other person, in the course of his or her
employment or apprenticeship, violates any provision of NRS
637.125 or any regulation adopted by the Board to carry out the provisions
of that section.
2. The Board may impose a separate
administrative fine against the person for each act that constitutes a separate
violation.
3. In the first administrative proceeding
brought against the person pursuant to this section, the Board may impose, for
each act that constitutes a separate violation, an administrative fine of not
more than $1,000.
4. In the second and any subsequent
administrative proceeding brought against the person pursuant to this section,
the Board may impose, for each act that constitutes a separate violation, an
administrative fine of not more than $5,000.
(Added to NRS by 2003, 2011)
NRS 637.185 Injunctive relief. Whenever
any person has engaged in any act or practice which constitutes an offense
under this chapter, the district court of any county, on application of the
Board, may issue an injunction or other appropriate order restraining the act
or practice. A proceeding under this section is governed by Rule 65 of the Nevada Rules of
Civil Procedure.
(Added to NRS by 1979, 1201)
NRS 637.190 Enforcement of subpoenas issued by Board.
1. The district court in the county in
which any hearing is being conducted by the Board may compel the attendance of
witnesses, the giving of testimony and the production of books, papers or documents
as required by any subpoena issued by the Board.
2. If any witness refuses to attend or
testify or produce any books, papers or documents required by such a subpoena,
the Board may report to the district court for the county in which the hearing is
pending by petition, setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books, papers
or documents;
(b) That the witness has been subpoenaed in the
manner prescribed in NRS 637.040; and
(c) That the witness has failed and refused to
attend or produce the books, papers or documents required by subpoena before
the Board in the hearing named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the hearing,
Ê and asking
an order of the court compelling the witness to attend and testify or produce
the books, papers or documents before the Board.
3. The court, upon petition of the Board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in the order, the time to be not more than
10 days after the date of the order, and then and there show cause why the
witness has not attended or testified or produced the books, papers or
documents before the Board. A certified copy of the order must be served upon
the witness. If it appears to the court that the subpoena was regularly issued
by the Board, the court may thereupon enter an order that the witness appear
before the Board at the time and place fixed in the order and testify or
produce the required books, papers or documents and upon failure to obey the
order the witness shall be dealt with as for contempt of court.
[Part 11:216:1951; A 1953, 554]—(NRS A 1979, 1199; 2007, 1242)
NRS 637.200 Unlawful acts. The
following acts constitute misdemeanors, unless a greater penalty is provided
pursuant to NRS 200.830 or 200.840:
1. The insertion of a false or misleading
statement in any advertising in connection with the business of ophthalmic
dispensing.
2. Making use of any advertising statement
of a character tending to indicate to the public the superiority of a
particular system or type of eyesight examination or treatment.
3. Furnishing or advertising the
furnishing of the services of a refractionist, optometrist, physician or
surgeon.
4. Changing the prescription of a lens
without an order from a person licensed to issue such a prescription.
5. Filling a prescription for a contact
lens in violation of the expiration date or number of refills specified by the
prescription.
6. Violating any provision of this
chapter.
[12:216:1951]—(NRS A 1967, 642; 1979, 1200; 1997, 1258; 2013, 1000)
