[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)