[Rev. 12/21/2019 2:55:25 PM--2019]

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 636.0215         “Pharmaceutical agent” defined.

NRS 636.022           “Prescription” defined.

NRS 636.023           “Spectacle lens” defined.

NRS 636.024           “Therapeutic pharmaceutical agent” defined. [Repealed.]

NRS 636.025           Acts constituting practice in optometry; unauthorized acts.

NRS 636.027           Applicability of chapter: Applicability to persons licensed to or engaged in practice of optometry; inapplicability to licensed physicians and surgeons.

NRS 636.028           Applicability of chapter: Inapplicability to certain students; applicability to clinicians or instructors engaged in practice of optometry.

NRS 636.029           Applicability of chapter: Certain sales not prohibited.

NEVADA STATE BOARD OF OPTOMETRY

NRS 636.030           Creation; membership.

NRS 636.035           Qualifications of members.

NRS 636.070           Terms of members.

NRS 636.075           Salary of members; per diem allowances and travel expenses of members and employees; payment of compensation and expenses of members and employees.

NRS 636.080           Election and term of President; appointment and compensation of Executive Director; vacancy in position of Executive Director.

NRS 636.085           Executive Director: 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, register and inventory.

NRS 636.107           Certain records relating to complaint or 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; claims for attorney’s fees and costs of investigation.

NRS 636.120           Roster of licensees: Preparation and availability.

NRS 636.125           Policies and regulations.

NRS 636.130           Power of Board to grant or refuse licenses and discipline licensees.

NRS 636.135           Duty of Board to accredit or approve accreditation of schools of optometry.

NRS 636.141           Subpoenas.

NRS 636.143           Fees.

LICENSES TO PRACTICE OPTOMETRY

NRS 636.145           Unlawful practice of optometry; investigation and hearing; penalties; reporting requirements of Board.

NRS 636.150           Requirements for applying for 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. [Repealed.]

NRS 636.170           Examination: Prohibition on participation of member of Board who represents general public in preparing, conducting or grading examination.

NRS 636.175           Equipment required for examination. [Repealed.]

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. [Repealed.]

NRS 636.200           Scope of reexamination. [Repealed.]

NRS 636.206           Expedited license by endorsement: Requirements; procedure for issuance.

NRS 636.207           Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 636.215           Licenses: Execution and contents.

NRS 636.220           Licenses: Issuance. [Repealed.]

LICENSES TO OPERATE 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; regulations.

RENEWAL OF LICENSES

NRS 636.250           Requirement.

NRS 636.255           Notice to licensee of deadline to renew license.

NRS 636.260           Payment of renewal fee; requirements for continuing education.

NRS 636.265           Renewal card: Issuance, contents and display.

NRS 636.270           Suspension of license for failure to comply with requirements for renewal.

NRS 636.275           Restoration or expiration 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 CERTAIN PHARMACEUTICAL AGENTS

NRS 636.286           Administration or prescription of certain pharmaceutical agents prohibited without certificate.

NRS 636.287           Requirements for certification: Regulations.

NRS 636.288           Issuance of certificates; Board to provide list of certified optometrists to State Board of Pharmacy.

NRS 636.2881         Training required for certain optometrists relating to persons with substance use and other addictive disorders and prescribing of opioids; regulations.

NRS 636.2882         Conditions and limitations on prescribing controlled substances.

CERTIFICATES TO TREAT GLAUCOMA

NRS 636.2891         Treatment of glaucoma prohibited without certificate or certification by endorsement; duty to refer certain patients with glaucoma to ophthalmologist.

NRS 636.2893         Requirements for issuance of certificate: Regulations.

NRS 636.2895         Issuance of certificates.

NRS 636.2897         Expedited certificate by endorsement.

CERTIFICATE TO OWN OR OPERATE MOBILE OPTOMETRY CLINIC

NRS 636.2899         Eligibility; application; issuance; renewal; authorized equipment and services; regulations.

DISCIPLINARY AND OTHER ACTIONS

NRS 636.290           Authority of Board; authorized actions by 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 or certain understandings or arrangements; 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; review; investigation; retention.

NRS 636.310           Form and filing of complaint; referral of complaint; immunity from civil liability.

NRS 636.315           Procedure following filing of complaint; retention of complaints. [Repealed.]

NRS 636.320           Requirements for disciplinary hearing of formal charge.

NRS 636.325           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 636.330           Application for rehearing. [Repealed.]

NRS 636.335           Rehearing: Notice to licensee; conduct; decision. [Repealed.]

NRS 636.336           Board to cooperate with other agencies investigating persons. [Repealed.]

NRS 636.337           Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; decision relating to imposition of administrative fine or penalty is final decision in contested case.

NRS 636.338           Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for optometrist certified to prescribe and administer pharmaceutical agents relating to relevant law.

NRS 636.339           Summary suspension of licensee’s authority to prescribe, administer or dispense controlled substances; issuance of order; formal hearing and decision.

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 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. [Repealed.]

RIGHTS, DUTIES AND PROTECTION OF LICENSEES

NRS 636.345           Licensee authorized to practice.

NRS 636.346           Supervision of authorized activities of assistants; conduct of final eye examination of patient.

NRS 636.347           Permit required for professional association with health maintenance organization; regulations.

NRS 636.350           Certificate of registration to own optometry practice under assumed or fictitious name: Requirement; application; duties; 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 initial or change of location of practice or establishment of additional location.

NRS 636.372           Leasing of office from unlicensed person; regulations.

NRS 636.373           Associations or other business relationships with physicians; prohibition on supervision or control or influence over professional judgment of optometrist unless licensed to practice optometry.

NRS 636.374           Collaboration with ophthalmologist: Records; fixed fee; patient referrals; required documents.

NRS 636.375           Service of process and transmission of other notices to licensees.

NRS 636.380           Right to advertise.

NRS 636.382           Authority of licensed optometrist to administer topical diagnostic ophthalmic agents.

NRS 636.385           Use of and payment for optometric services by administrative agencies and public schools. [Repealed.]

NRS 636.387           Requirements for prescriptions for and initial fitting of contact lenses.

ENFORCEMENT AND PENALTIES

NRS 636.405           Duties of peace officers and district attorneys.

NRS 636.407           Injunctive relief.

NRS 636.410           Criminal penalties.

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 636.023, 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; 2019, 3637)

      NRS 636.016  “Advertise” defined.  “Advertise” means the commercial use of any medium, including, but not limited to, any brochures or business cards, the Internet, radio or television, or a newspaper, magazine, sign or other printed or electronic medium, 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; A 2019, 3637)

      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. The term includes any plano lens or cosmetic lens.

      (Added to NRS by 1993, 2864; A 2019, 3637)

      NRS 636.019  “Diagnostic pharmaceutical agents” defined.  “Diagnostic pharmaceutical agents” means any topical or oral agents used to examine and diagnose conditions of the eye or adnexa.

      (Added to NRS by 1993, 2864; A 2019, 3637)

      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 636.0215  “Pharmaceutical agent” defined.  “Pharmaceutical agent” means any topical or oral drug used or prescribed by a licensee for the examination, management or treatment of an abnormality, disease or condition of the eye or its appendages, including, without limitation, any analgesic drug subject to the requirements of NRS 636.2882 or added to schedule III, schedule IV or schedule V by the State Board of Pharmacy by regulation pursuant to NRS 453.146. The term does not include any drug or other substance added to schedule I or schedule II by the State Board of Pharmacy pursuant to that section.

      (Added to NRS by 2019, 3635)

      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 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; 2019, 3637)

      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.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.025  Acts constituting practice in optometry; unauthorized acts.

      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, evaluation, diagnosis and treatment of the human eye and its appendages, the measurement of the powers or range of human vision by any means, including, without limitation, the use of an autorefractor or other automated testing device, unless performed under the direct responsibility of a licensed optometrist as authorized in NRS 636.346, 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, vision rehabilitation, vision therapy or visual training.

      (e) The prescribing of contact lenses.

      (f) The measurement, initial fitting, as defined in NRS 636.387, or adaptation of contact lenses to the human eye except under the direction, responsibility and supervision of an optometrist licensed in the State of Nevada as authorized in NRS 636.346.

      (g) The topical use of 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 pharmaceutical agent or device to treat an abnormality of the eye or its appendages.

      (i) Removing a foreign object from the surface or epithelium of the eye.

      (j) Removing eyelashes with forceps.

      (k) Closing the lacrimal punctum of the eye.

      (l) The ordering or performing of laboratory tests or imaging 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) Any procedure using a laser, scalpel, needle or other instrument in which any human tissue is cut, burned or vaporized by incision, injection, ultrasound, laser, infusion, cryotherapy, radiation or other means; or

      (b) Any procedure using an instrument which requires the closure of human tissue by suture, clamp or similar device.

      [2:208:1955] — (NRS A 1961, 758; 1979, 952; 1995, 1033; 1999, 1914; 2019, 3638)

      NRS 636.027  Applicability of chapter: Applicability to persons licensed to or engaged in practice of optometry; inapplicability to licensed physicians and surgeons.  This chapter:

      1.  Applies to any person who is licensed to practice optometry pursuant to this chapter and any other person engaged in the practice of optometry in this State.

      2.  Must not be construed to apply to physicians and surgeons duly licensed to practice in this State.

      [Part 83:208:1955] — (NRS A 2019, 3639) — (Substituted in revision for NRS 636.390)

      NRS 636.028  Applicability of chapter: Inapplicability to certain students; applicability to clinicians or instructors engaged in practice of optometry.

      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 student who is enrolled in a clinical program of an undergraduate or graduate course of study in optometry at such a school or college and who has not received a degree of doctor of optometry.

      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; A 2019, 3639) — (Substituted in revision for NRS 636.393)

      NRS 636.029  Applicability of chapter: Certain sales not prohibited.  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] — (Substituted in revision for NRS 636.395)

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.

      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.

      [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  Salary of members; per diem allowances and travel expenses of members and employees; payment of compensation and expenses 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; vacancy in position of Executive Director.

      1.  At the first meeting of the Board held each fiscal year, 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 compensation for performing those duties.

      [19:208:1955] — (NRS A 1993, 2865; 2019, 3639)

      NRS 636.085  Executive Director: Duties.  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; 2019, 3639)

      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, consultants and other professional and clerical personnel necessary to administer this chapter.

      2.  The Attorney General may act as counsel for the Board subject to the provisions of NRS 622A.200.

      [23:208:1955] + [24:208:1955] — (NRS A 1963, 154; 2017, 2848; 2019, 3640)

      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, register 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 complaint or 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 unless the person against whom the complaint is filed submits a written statement to the Board requesting that the documents and other information be made public records.

      2.  The charging document the Board uses 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.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information in the Board’s possession concerning a licensee or pending investigation to any other licensing board or any other governmental agency that is investigating a person, including, without limitation, a law enforcement agency, agency of the Federal Government, licensing board in this State or any other state or territory of the United States. If any confidential information concerning an investigation is provided to another governmental agency pursuant to this section, the information remains confidential and may not be provided to any other person or governmental agency. To the extent practicable, any governmental agency that receives any confidential information from the Board pursuant to this section shall treat the information as confidential.

      (Added to NRS by 2003, 3450; A 2007, 2139; 2019, 3640)

      NRS 636.110  Deposit of money received by Board; delegation of authority to take disciplinary action; deposit of fines; 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, savings and loan associations or savings banks 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, savings and loan associations or savings banks 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 availability.  The Board shall periodically prepare and make available to all licensees a roster containing their names and mailing addresses.

      [36:208:1955] — (NRS A 1993, 2866; 2019, 3640)

      NRS 636.125  Policies and regulations.  The Board may adopt policies and regulations necessary to carry out the provisions of this chapter.

      [34:208:1955] — (NRS A 1985, 155; 1993, 2866; 2019, 3640)

      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  Duty of Board to accredit or approve accreditation of schools of optometry.  The Board shall accredit schools, or approve the accreditation of schools by any nationally recognized accrediting organization or agency, in and out of this State teaching the science and art of optometry which it finds provide a sufficient and thorough course of study for the preparation of optometrists.

      [22:208:1955] — (NRS A 2019, 3640)

      NRS 636.141  Subpoenas.

      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.  At least once every 2 years, the Board shall review and, if the Board deems it necessary, establish or revise, within the limits prescribed a schedule of fees for the following purposes:

 

                                                                                                                               Not more than

 

      1.  Examinations.......................................................................................................... $250

      2.  Applications for the issuance of a 1-year license............................................ $600

      3.  Renewal of a license.......................................................................................... $1,200

      4.  Granting certification or issuing certificates.................................................. $1,000

      5.  Licensing of extended clinical facilities and other practice locations........... $500

      6.  Individually verifying licensure or disciplinary status................................... $100

      7.  Late fee................................................................................................................ $1,000

      8.  Any other service provided by the Board pursuant to this chapter......... $1,000

      [87:208:1955] — (NRS A 1961, 759; 1967, 205; 1973, 536; 1977, 613; 1983, 232, 733; 1993, 1192; 2015, 3015, 3892; 2019, 3641)

LICENSES TO PRACTICE OPTOMETRY

      NRS 636.145  Unlawful practice of optometry; investigation and hearing; penalties; reporting requirements of Board.

      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.  The Board shall conduct an investigation pursuant to subsection 3 if the Board receives a complaint which sets forth any reason to believe that a person has engaged in the practice of optometry in this State without a license issued pursuant to this chapter.

      3.  In addition to any other penalty prescribed by law, if the Board, after conducting an investigation and hearing in accordance with chapters 233B, 622 and 622A of NRS, 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 from the practice of optometry until the person obtains a license from the Board.

      (b) Issue a citation to the person.

      (c) Impose any combination of the penalties set forth in paragraphs (a) and (b).

      4.  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 this chapter.

      5.  Each instance of unlicensed activity constitutes a separate offense for which a separate citation may be issued.

      [37:208:1955] — (NRS A 1993, 2866; 2013, 2231; 2019, 3641)

      NRS 636.150  Requirements for applying for license.  Except as otherwise provided in NRS 636.206 and 636.207, any person applying for a license to practice optometry in this State must:

      1.  File proof of his or her qualifications;

      2.  Take and pass each examination identified, administered or approved by the Board;

      3.  Pay the prescribed fees; and

      4.  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; 2015, 3015, 3893; 2019, 3642)

      NRS 636.155  Proof of applicant’s qualifications.  Except as otherwise provided in NRS 636.206 and 636.207, an applicant must file with the Executive Director satisfactory proof that the applicant:

      1.  Is at least 21 years of age;

      2.  Has graduated from a school of optometry accredited or approved by the Board pursuant to NRS 636.135;

      3.  Has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor;

      4.  Has passed each examination identified, administered or approved by the Nevada State Board of Optometry pursuant to NRS 636.150; and

      5.  Has not been disciplined for harming a patient as a licensed optometrist in another state.

      [39:208:1955] — (NRS A 1969, 98; 1977, 1565; 1993, 2867; 2015, 3016, 3893; 2019, 3642, 4287)

      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.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.170  Examination: Prohibition on participation of member of Board who represents general public in preparing, conducting or grading examination.  The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      [42:208:1955] + [43:208:1955] — (NRS A 2019, 3643)

      NRS 636.175  Equipment required for examination.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      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; and

      3.  Be prepared and administered by the Board or a testing agency that has been designated by the Board to conduct its examinations.

      [45:208:1955] — (NRS A 1993, 2868; 2019, 3643)

      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 70 or higher for each area tested is required to pass the examination.

      [47:208:1955] — (NRS A 1993, 2869; 2007, 2950; 2019, 3643)

      NRS 636.195  Request for reexamination.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.200  Scope of reexamination.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.206  Expedited license by endorsement: Requirements; procedure for issuance.

      1.  The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

             (3) Has been continuously and actively engaged in the practice of optometry for the past 5 years;

             (4) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and

             (5) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2015, 3014; A 2019, 4287)

      NRS 636.207  Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  The Board may issue a license by endorsement to practice optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice optometry in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice optometry; and

             (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice optometry to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to practice optometry may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice optometry in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      (Added to NRS by 2015, 3891; A 2019, 4288)

      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, 636.155, 636.206 or 636.207 and submitted all information and fees 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.  Bear the signatures of the President of the Board and the Executive Director.

      [52:208:1955] — (NRS A 1983, 732; 1993, 2869; 1997, 2137; 2005, 2737, 2807; 2015, 3016, 3893; 2019, 3643)

      NRS 636.220  Licenses: Issuance.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

LICENSES TO OPERATE 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; regulations.

      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 only until February 28 of the next even-numbered year unless renewed by the Board upon payment of the fee for the renewal of the license established pursuant to NRS 636.143.

      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; 2019, 3643)

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 even-numbered year.

      [55:208:1955] — (NRS A 1993, 2870; 2019, 3644)

      NRS 636.255  Notice to licensee of deadline to renew license.  The Executive Director shall provide a notice of the deadline for the renewal of a license to each licensee before February 1 of each even-numbered 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; 2019, 3644)

      NRS 636.260  Payment of renewal fee; requirements for continuing education.

      1.  Before March 1 of each even-numbered year, each licensee shall pay a renewal fee to the Executive Director in the amount established pursuant to 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 24-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 40 hours of continuing education during each period of renewal. 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 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 24 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 50 hours nor more than 100 hours.

      [57:208:1955] — (NRS A 1973, 720; 1993, 2870; 1995, 1034; 2019, 3644)

      NRS 636.265  Renewal card: Issuance, contents and display.  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 24-month period beginning March 1 of each even-numbered 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.

      [58:208:1955] — (NRS A 1993, 2871; 1997, 2137; 2005, 2737, 2807; 2019, 3645)

      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 of the year of the prescribed date and must remain suspended until it is restored in the manner specified in NRS 636.275 or expires pursuant to that section, whichever occurs first.

      [59:208:1955] — (NRS A 1975, 1302; 1993, 2871; 2019, 3645; 2019, 3645)

      NRS 636.275  Restoration or expiration 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 renewal fee, to submit all information required to complete the renewal or to submit evidence of completion of the required number of hours of continuing education may be restored at any time within 90 days after the suspension of the license upon the licensee:

      (a) Paying the renewal fee;

      (b) Paying a late fee in the amount prescribed by the Board;

      (c) Submitting all required information; and

      (d) Completing the required number of hours of continuing education.

      2.  Any license suspended pursuant to the provisions of NRS 636.270 expires 91 days after the suspension of the license unless the license is restored pursuant to subsection 1.

      [60:208:1955] — (NRS A 1975, 1302; 1993, 2871; 1997, 2138; 2005, 2737, 2807; 2019, 3645)

      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 CERTAIN PHARMACEUTICAL AGENTS

      NRS 636.286  Administration or prescription of certain pharmaceutical agents prohibited without certificate.  An optometrist shall not administer or prescribe a pharmaceutical agent other than a diagnostic pharmaceutical agent unless the optometrist has obtained a certificate pursuant to NRS 636.288.

      (Added to NRS by 1995, 1032; A 2019, 3645)

      NRS 636.287  Requirements for certification: Regulations.  The Board shall adopt regulations which prescribe the requirements for certification to administer and prescribe 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 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 pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the Board.

      (Added to NRS by 1995, 1032; A 2019, 3645)

      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 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; A 2019, 3646)

      NRS 636.2881  Training required for certain optometrists relating to persons with substance use and other addictive disorders and prescribing of opioids; regulations.  The Board shall, by regulation, require each optometrist who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Any licensee may use such training to satisfy 2 hours of any continuing education requirement established by the Board.

      (Added to NRS by 2015, 123; A 2017, 4429; 2019, 3646)

      NRS 636.2882  Conditions and limitations on prescribing controlled substances.  An optometrist who is certified to administer and prescribe a pharmaceutical agent pursuant to NRS 636.288 shall not prescribe a controlled substance unless the optometrist:

      1.  Has completed an optometric examination of the patient for whom the controlled substance is prescribed;

      2.  Prescribes the controlled substance in an amount that does not exceed 90 morphine milligram equivalents per day and will not last more than 72 hours; and

      3.  Sets forth in the prescription for the controlled substance that the prescription may not be refilled without a subsequent examination of the patient by the optometrist.

      (Added to NRS by 1999, 1913; A 2019, 3646)

CERTIFICATES TO TREAT GLAUCOMA

      NRS 636.2891  Treatment of glaucoma prohibited without certificate or certification by endorsement; 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 or certification by endorsement pursuant to NRS 636.2897.

      2.  An optometrist, regardless of whether he or she has been issued a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 or certification by endorsement pursuant to NRS 636.2897, 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 any type of glaucoma other than open angle glaucoma.

      (c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering any appropriate, nonsurgical emergency treatment to the patient.

      (Added to NRS by 1999, 1913; A 2019, 3646)

      NRS 636.2893  Requirements for issuance of certificate: 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 or an equivalent examination approved by the Board;

      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; and

      4.  A certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288.

      (Added to NRS by 1999, 1914; A 2003, 511; 2019, 3647)

      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)

      NRS 636.2897  Expedited certificate by endorsement.

      1.  The Board may issue a certificate by endorsement to treat a person diagnosed with glaucoma to an applicant who meets the requirements of this section.

      2.  An applicant for a certificate by endorsement must submit an application to the Executive Director in a form prescribed by the Board. The application must include the following information:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Holds a valid and unrestricted certificate or other credential approved by the Board to engage in the treatment of a person with glaucoma issued in any state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States which the Board has determined was issued in accordance with requirements that are substantially similar to those applicable to the issuance of a certificate to treat persons diagnosed with glaucoma in this State pursuant to NRS 636.2893; and

             (2) Has had no adverse actions reported to the National Practitioner Data Bank, or its successor organization, within the past 5 years;

      (b) An affidavit stating that the information set forth in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement to treat a person diagnosed with glaucoma, the Executive Director shall provide a written notice to the applicant if any additional information is required to consider the application. Unless the application is denied for good cause, the Board shall approve the application and issue a certificate to treat a person diagnosed with glaucoma by endorsement within 45 days after receiving the application.

      (Added to NRS by 2019, 3637)

CERTIFICATE TO OWN OR OPERATE MOBILE OPTOMETRY CLINIC

      NRS 636.2899  Eligibility; application; issuance; renewal; authorized equipment and services; regulations.

      1.  Notwithstanding any provision of this chapter to the contrary, a licensee, nonprofit or charitable organization, governmental agency or school in this State who obtains a certificate pursuant to this section may own or operate a mobile optometry clinic pursuant to this section. An application for the issuance or renewal of a certificate to own or operate the clinic must be submitted on a form approved by the Board and include any fees established by the Board pursuant to subsection 4. As soon as practicable after receiving an application and the appropriate fees, the Board shall approve or deny the application based upon the criteria established by the Board pursuant to subsection 4. A certificate issued to own or operate a mobile optometry clinic must be renewed on or before March 1 of each even-numbered year.

      2.  A certified mobile optometry clinic may include any equipment required to operate the clinic, including, without limitation, a motor vehicle or a motor vehicle and trailer which may be moved from one location to another. Any optometric services available at the clinic must be provided under the direction and control of a licensee. Any final examination of a patient at the mobile optometry clinic must be completed by the licensee.

      3.  A certified mobile optometry clinic may only provide optometric services to:

      (a) Governmental agencies;

      (b) Patients with impaired or restricted mobility;

      (c) Members of low-income and other medically underserved groups in the State; and

      (d) Academic programs.

      4.  The Board shall adopt:

      (a) Regulations setting forth:

             (1) The requirements for the issuance and renewal of a certificate to own or operate a mobile optometry clinic; and

             (2) The amount of the fees for the issuance and renewal of the certificate; and

      (b) Any other regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2019, 3636)

DISCIPLINARY AND OTHER ACTIONS

      NRS 636.290  Authority of Board; authorized actions by Board.

      1.  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. A person licensed to practice optometry in this State is subject to the jurisdiction of the Board for any act specified in this chapter, regardless of whether the license is expired, suspended or revoked.

      2.  Unless the Board takes action pursuant to NRS 636.325, the Board may discipline a licensee for a violation of any provision of this chapter or regulation adopted pursuant to this chapter in one or more of the following ways, with or without the imposition by the Board of a monetary penalty:

      (a) Issuing a letter of public reprimand;

      (b) Issuing an order to cease and desist;

      (c) Issuing an order of probation for a specified period, with or without conditions;

      (d) Issuing an order of suspension for a specified period, with or without conditions; or

      (e) Issuing an order of revocation, with or without permission to apply for licensure at a future date.

      [66:208:1955] — (NRS A 1985, 155; 1993, 2871; 2019, 3647)

      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.  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.

      2.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

      3.  An alcohol or other substance use disorder.

      4.  Gross incompetency.

      5.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

      6.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      7.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

      8.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      9.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

      10.  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.

      11.  Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      12.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule III or IV.

      13.  Any violation of a state or federal law or regulation relating to or involving the practice of optometry, including, without limitation, a violation relating to:

      (a) The organizational structure or control of any optometric practice or entity;

      (b) The maintenance, availability or distribution of any medical record of a patient;

      (c) The improper disclosure of any protected information of a patient; and

      (d) Fraud.

      [67:208:1955] — (NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790, 2871; 2003, 2711; 2009, 890; 2011, 263, 854; 2015, 123, 1176; 2017, 4429; 2019, 2207, 3647, 3892)

      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 person or allowing another person to use his or her prescription blanks.

      [68:208:1955] — (NRS A 1961, 760; 1973, 536; 1979, 952; 1981, 595; 1985, 1919; 1993, 2872; 1995, 2564; 2019, 3649)

      NRS 636.301  Unethical or unprofessional conduct: Division of fees or certain understandings or arrangements; 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 which is designed or tends to impair, influence or affect the independent judgment or practice of the optometrist 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; 2019, 3649)

      NRS 636.302  Unethical or unprofessional conduct: Restrictions on advertising.  The following acts, among others, constitute unethical or unprofessional conduct:

      1.  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.

      2.  Advertising in any manner that will tend to deceive, defraud or mislead the public.

      3.  Advertising, directly or indirectly, free optometric examinations.

      (Added to NRS by 1985, 1917; A 1993, 2872; 2019, 3649)

      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; review; investigation; retention.

      1.  A complaint may be made against a licensee by:

      (a) An employee or contractor of the Board; or

      (b) Any licensee or other person,

Ê alleging one or more grounds for disciplinary action set forth in NRS 636.295.

      2.  As soon as practicable after a complaint is filed with the Board, the Executive Director or his or her designee shall review the complaint. If the Executive Director determines that the complaint is not frivolous and alleges one or more of the grounds for disciplinary action set forth in NRS 636.295, the Board, through the Executive Director, shall cause the complaint to be investigated.

      3.  The Board shall retain each complaint received pursuant to this section for not less than 10 years, including, without limitation, any complaint which is not acted upon.

      [69:208:1955] — (NRS A 1985, 156; 2019, 3649)

      NRS 636.310  Form and filing of complaint; referral of complaint; immunity from civil liability.

      1.  A complaint:

      (a) Must be made in writing and be signed and sworn to or affirmed by the person making it.

      (b) May not be filed anonymously, except that the identity of the complainant must remain confidential upon request by the complainant and until the complainant waives that confidentiality.

      2.  If the Executive Director or his or her designee determines that a complaint filed with the Board relates to any matter within the jurisdiction of another regulatory body in this title or chapter 437 of NRS, the Executive Director shall refer the complaint to that regulatory body.

      3.  The provisions of subsection 2 do not prohibit the Executive Director or his or her designee from investigating a complaint which relates to any matter within the jurisdiction of the Board or from notifying the Board of that matter for further consideration by the Board if deemed necessary by the Board after an investigation.

      4.  Any member, employee, contractor or officer of the Board is immune from any civil liability for any decision made or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      [70:208:1955] — (NRS A 1993, 2873; 2013, 2232; 2019, 3650)

      NRS 636.315  Procedure following filing of complaint; retention of complaints.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.320  Requirements for disciplinary hearing of formal charge.  Any disciplinary hearing of a formal charge relating to an alleged ground for disciplinary action set forth in NRS 636.295 must be conducted in accordance with the provisions of chapters 233B, 622 and 622A of NRS.

      [72:208:1955] — (NRS A 1993, 2873; 2019, 3650)

      NRS 636.325  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board finds by a preponderance of the evidence that a person has engaged in one or more grounds for disciplinary action set forth in NRS 636.295, it may take any one or more of the following actions:

      (a) Publicly reprimand the licensee and impose any terms or conditions deemed necessary by the Board;

      (b) Place the licensee on probation for a specified or unspecified period and impose any conditions deemed necessary by the Board;

      (c) Suspend the license of the person for not more than 1 year and impose any terms or conditions deemed necessary by the Board;

      (d) Revoke the license of the person and impose any terms or conditions for reinstatement of the license deemed necessary by the Board;

      (e) Impose an administrative fine pursuant to the provisions of NRS 636.420;

      (f) Limit the person’s practice of optometry;

      (g) Suspend the enforcement of any penalty by placing the person on probation, which the Board may revoke if the person fails to comply with any condition of probation imposed by the Board;

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board, and the person must be responsible for any expense incurred for providing those services;

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the person;

      (j) Require the person to pay for any costs of remediation or restitution; or

      (k) Take any combination of the actions specified in paragraphs (a) to (j), inclusive.

      2.  The Board shall not issue a private reprimand.

      3.  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; 2019, 3650)

      NRS 636.330  Application for rehearing.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.335  Rehearing: Notice to licensee; conduct; decision.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.336  Board to cooperate with other agencies investigating persons.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.337  Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; decision relating to imposition of administrative fine or penalty is final decision in contested case.

      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.

      (Added to NRS by 1983, 1536; A 2019, 3651)

      NRS 636.338  Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for optometrist certified to prescribe and administer pharmaceutical agents relating to relevant law.

      1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall:

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules III and IV.

      (b) Develop and disseminate to each optometrist who is certified to prescribe and administer pharmaceutical agents pursuant to NRS 636.288 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those optometrists of the requirements of this section and NRS 636.339, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      (Added to NRS by 2017, 4427; A 2019, 2134, 3657)

      NRS 636.339  Summary suspension of licensee’s authority to prescribe, administer or dispense controlled substances; issuance of order; formal hearing and decision.

      1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      (Added to NRS by 2017, 4428; A 2019, 3651)

      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 1 year 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; 2017, 2848)

      NRS 636.340  Restoration of revoked or suspended license. [Effective 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 1 year 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; 2017, 2848, effective 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.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

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 636.346  Supervision of authorized activities of assistants; conduct of final eye examination of patient.

      1.  In any setting where optometry is practiced, an assistant may fit ophthalmic lenses or spectacle lenses if the assistant acts under the direct supervision of a licensed optometrist.

      2.  In addition to the provisions of subsection 1, an assistant in any setting where optometry is practiced may perform any of the following activities under the direct supervision of a licensed optometrist:

      (a) Prepare a patient for examination.

      (b) Collect preliminary data concerning a patient, including taking the medical history of the patient.

      (c) Perform simple and noninvasive testing of a patient in preparation for any subjective refraction, testing, evaluation, interpretation, diagnosis or treatment of the patient by the licensed optometrist.

      (d) For an ophthalmic purpose, administer any cycloplegic or mydriatic agent or topical anesthetic that is not a controlled substance.

      (e) Use an ophthalmic device or oversee ocular exercises, visual training, visual therapy or visual rehabilitation as directed by a licensed optometrist.

      3.  If an assistant conducts any activities pursuant to subsection 2, the licensed optometrist must conduct the final eye examination of the patient.

      4.  As used in this section, “assistant” means a person employed by an optometrist or any medical provider or medical facility at which the optometrist provides or offers to provide his or her services as an optometrist.

      (Added to NRS by 2019, 3635)

      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 to own optometry practice under assumed or fictitious name: Requirement; application; duties; regulations.

      1.  An optometrist shall not own all or any portion of an optometry practice under an assumed or fictitious name unless the optometrist has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name and at a specific location.

      2.  An optometrist who applies for a certificate of registration to own all or any portion of an optometry practice under an assumed or fictitious name must submit to the Board an application on a form provided by the Board. The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.

      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;

      (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; and

      (c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly provides optometric services at the business 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 other than the name of the optometrist printed on his or her license to practice optometry.

      [82:208:1955] — (NRS A 1999, 1915; 2019, 3652)

      NRS 636.355  Unauthorized use of license or renewal card.  A licensee shall not lend, sell, or otherwise permit the unauthorized use of his or her license or current renewal card.

      [78:208:1955] — (NRS A 2019, 3653)

      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 for each location at which a licensee practices optometry, if the licensee maintains more than one place of practice.

      [26:208:1955] — (NRS A 1993, 2874; 2019, 3653)

      NRS 636.370  Notice to Board of initial or change of location of practice or establishment of additional location.

      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 or establishing an additional location to practice optometry.

      [79:208:1955] — (NRS A 1993, 2874; 2019, 3653)

      NRS 636.372  Leasing of office from unlicensed person; regulations.

      1.  Except as otherwise provided in subsection 4, 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.

      4.  An optometrist shall not enter into a lease pursuant to this section unless, during the term of the lease, the optometrist maintains exclusive access to, and control and ownership of, the medical records of each patient of the optometrist.

      (Added to NRS by 1993, 2864; A 1995, 2565; 2019, 3653)

      NRS 636.373  Associations or other business relationships with physicians; prohibition on supervision or control or influence over professional judgment of optometrist unless licensed to practice optometry.

      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.  A person shall not directly or indirectly supervise an optometrist within the scope of his or her practice of optometry unless the person is licensed to practice optometry pursuant to this chapter.

      4.  A person, including an officer, employee or agent of any commercial or mercantile establishment, shall not directly or indirectly control, dictate or influence the professional judgment of the practice of optometry by a licensed optometrist, unless the person is licensed to practice optometry pursuant to this chapter.

      5.  This section does not authorize an optometrist to employ or be employed by a physician.

      (Added to NRS by 1995, 2564; A 2019, 3653)

      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 is regulated by the Nevada State Board of Optometry and the practice of ophthalmology is regulated by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable; and

             (2) Contains the address and telephone number of each of those Boards.

      (Added to NRS by 2001, 1000; A 2009, 452; 2019, 3654)

      NRS 636.375  Service of process and transmission of other notices to licensees.

      1.  Service of process made under this chapter must be made by one of the following methods:

      (a) Sending the process to be served to the person by certified mail at his or her last known address as indicated in the records of the Board; or

      (b) Personal delivery of the document to be served upon the person.

      2.  Service of process made under this chapter shall be deemed complete when a true and correct copy of the document, properly addressed and stamped, is deposited in the United States mail pursuant to paragraph (a) of subsection 1, or when personal delivery is completed pursuant to paragraph (b) of subsection 1.

      3.  Any notice which is not required to be served in accordance with subsection 1 or 2 may be transmitted by:

      (a) First-class mail, postage prepaid, addressed to the licensee at the location listed by the licensee on his or her most recent change of address form or application for the renewal of his or her license or the last known address as indicated in the records of the Board for any other person;

      (b) Electronic mail to the address for electronic mail most recently provided by the person to the Board; or

      (c) Facsimile machine to the number most recently provided by the person to the Board.

      [29:208:1955] — (NRS A 1969, 95; 1993, 2875; 2019, 3654)

      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  Authority of licensed optometrist to administer topical diagnostic ophthalmic agents.  Any licensed optometrist may administer topical diagnostic ophthalmic agents.

      (Added to NRS by 1979, 950; A 1983, 150; 1993, 2875; 2019, 3655)

      NRS 636.385  Use of and payment for optometric services by administrative agencies and public schools.  Repealed. (See chapter 568, Statutes of Nevada 2019, at page 3659.)

 

      NRS 636.387  Requirements for prescriptions for and initial fitting of contact lenses.

      1.  The form for any prescription which is for a contact lens must set forth the expiration date of the prescription, the number of contact lenses approved for the patient and such other information as is necessary for the prescription to be filled properly. A prescription for spectacle lenses must not be construed to be approved for or converted to a prescription for contact lenses unless contact lenses are expressly approved in writing on the prescription by the prescribing optometrist.

      2.  The initial fitting of a contact lens must be performed by an ophthalmologist or optometrist licensed in this State.

      3.  As used in this section, “initial fitting” means measuring the health, integrity and refractive error of the eye to determine whether contact lenses are appropriate for the patient.

      (Added to NRS by 1987, 1698; A 1997, 1257; 2003, 512; 2019, 3655)

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.  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  Criminal penalties.  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.  After providing notice and a hearing pursuant to chapter 622A of NRS, the Board may impose an administrative fine of not more than $5,000 for each violation against a person licensed under this chapter who engages in any conduct constituting grounds for disciplinary action set forth in NRS 636.295.

      (Added to NRS by 1973, 536; A 1983, 233; 1985, 23, 156; 1993, 1193; 2019, 3656)