[Rev. 8/26/2026 9:43:24 AM]
CHAPTER 637 - DISPENSING OPTICIANS
[NAC-637 Revised Date: 8-26]
GENERAL PROVISIONS
637.001 Definitions.
637.007 “Hour of continuing education” defined.
637.008 “Hour of training and experience” defined.
637.0095 “Ophthalmic product” interpreted.
637.010 Construction.
637.020 Severability.
637.100 Board: Election and terms of officers; salary of members; rules for conduct of meetings; removal of persons from meetings.
LICENSING
637.141 Application for license as apprentice dispensing optician: Form and manner of submission; contents; grounds for rejection or revocation of license; approval or denial.
637.150 Application for license as dispensing optician: Form and manner of submission; contents; equivalent education; grounds for rejection or revocation of license; approval or denial.
637.160 Examination for license as dispensing optician; meeting concerning examination; certificate to qualify for licensure.
637.190 Continuing education for renewal of license or limited license as dispensing optician: Required number of hours; retention and submission upon request of certificates of completion; exemption for first renewal of license; disciplinary action for failure to comply.
637.200 Continuing education for renewal of license or limited license as dispensing optician: Subjects; approval of and credit for courses; credit for community service.
637.215 Inactivation of license as dispensing optician; renewal of inactive status; reactivation of license.
637.218 Expiration, renewal and reinstatement of license or limited license as dispensing optician; disciplinary action for false statement or representation on application.
637.219 Expiration, renewal and reinstatement of license as apprentice dispensing optician; reapplication for licensure; disciplinary action for false statement or representation on application.
637.220 Fees for initial issuance, renewal, reinstatement and inactivation of certain licenses; waiver of renewal fee for certain first renewal of license.
637.230 Licensee required to file addresses with Board and notify Board of change of any such address.
PROGRAM OF APPRENTICESHIP
637.2313 Completion of educational program, instruction and training; waiver of certain requirements for holder of limited license.
637.2316 Submission of evidence of enrollment in or completion of educational program; inactivation of license for failure to submit; appeal of decision to inactivate; ineligibility of inactivated license for renewal.
637.2319 Supervision of apprentice dispensing optician; notice to Board of certain change in supervision.
PROFESSIONAL PRACTICE; OPTICAL ESTABLISHMENTS
637.232 License required to provide ophthalmic product directly to public; exception; authorized scope of practice of laboratory personnel.
637.2325 Optical establishment: Restrictions and prohibitions concerning management; prohibition on certain actions by apprentice dispensing optician; sign required to be posted if no dispensing optician on duty.
637.233 Equipment for dispensing optician: Required types; good working order; cleaning and sanitation.
637.2335 Inspections: Authority of Board; licensee required to provide access; failure to cooperate; disciplinary action.
637.234 Advertising which quotes prices of ophthalmic goods and services.
STANDARDS OF PRACTICE; PENALTIES
637.235 Grounds for disciplinary action: “Other conduct which the Board has determined is unethical or unprofessional” interpreted.
637.239 Adoption by reference of certain standards for prescription ophthalmic lenses.
637.255 Administrative fines imposed in connection with issuance of administrative citation; hearing and additional penalties.
PROCEEDINGS BEFORE BOARD
637.335 Complaint: Contents; review and investigation.
637.350 Staff of Board may be party to proceeding.
637.410 Conduct required of persons appearing in proceeding; removal of person from proceeding.
637.420 Pleadings: Captions, amendments and construction.
637.430 Pleadings: General requirements for petitions.
637.450 Motions.
637.470 Service of process.
637.590 Stipulations.
637.600 Official notice of Board.
637.620 Order or decision by Board.
637.650 Petition for declaratory order or advisory opinion.
637.700 Petition for adoption, filing, amendment or repeal of regulation.
GENERAL PROVISIONS
NAC 637.001 Definitions. (NRS 637.070) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 637.007 and 637.008 have the meanings ascribed to them in those sections.
(Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R067-23, 12-15-2023)
NAC 637.007 “Hour of continuing education” defined. (NRS 637.070, 637.071) “Hour of continuing education” means 50 minutes of instruction devoted to a program of continuing education as described in NAC 637.190.
(Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004; A by R067-23, 12-15-2023)
NAC 637.008 “Hour of training and experience” defined. (NRS 637.070, 637.071) “Hour of training and experience” means 50 minutes of instruction as described in NAC 637.2313.
(Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004; A by R067-23, 12-15-2023)
NAC 637.0095 “Ophthalmic product” interpreted. (NRS 637.022, 637.070) As used in this chapter and NRS 637.022, the Board will interpret the term “ophthalmic product” to mean any material used for the correction or relief of or remedy for any abnormal condition or inefficiency of the eye or visual process. The term includes lenses, frames and other specially fabricated optical devices, including, without limitation:
1. Ophthalmic lenses for sunglasses, dive masks, sports goggles and occupational goggles;
2. Ophthalmic prescription lenses;
3. Ophthalmic devices that have dioptric power and are attached to eyeglasses; and
4. All prescription and nonprescription contact lenses, including, without limitation, prepackaged contact lenses, individual contact lenses, cosmetic contact lenses and theatrical contact lenses.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.010 Construction. (NRS 637.070) This chapter will be:
1. Liberally construed to secure just, speedy and economical determinations of all issues presented to the Board and to effectuate the purposes of chapters 233B, 622A and 637 of NRS and all other applicable provisions of law.
2. Construed as being in harmony with the provisions of chapter 637 of NRS.
[Bd. of Dispensing Opt., Nos. 1.2 & 1.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)
NAC 637.020 Severability. (NRS 637.070) If any of the provisions of this chapter or any application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
[Bd. of Dispensing Opt., No. 1.4, eff. 10-6-78]—(NAC A by R067-23, 12-15-2023)
NAC 637.100 Board: Election and terms of officers; salary of members; rules for conduct of meetings; removal of persons from meetings. (NRS 637.040, 637.045, 637.070)
1. The Board will elect its officers at its first regular meeting of each fiscal year.
2. The term of office is 1 year.
3. Each member of the Board is entitled to receive a salary of $150 per day while engaged in the business of the Board.
4. Robert’s Rules of Order govern the general conduct of meetings of the Board when not otherwise provided by law. Persons who willfully disrupt meetings may be removed.
[Bd. of Dispensing Opt., No. 13.1, eff. 10-6-78; A 11-30-79; Nos. 13.2-13.4, eff. 10-6-78; No. 13.5, eff. 11-30-79]—(NAC A by R042-02, 8-29-2002; R067-23, 12-15-2023)
LICENSING
NAC 637.141 Application for license as apprentice dispensing optician: Form and manner of submission; contents; grounds for rejection or revocation of license; approval or denial. (NRS 637.070, 637.071, 637.105, 637.149, 637.150)
1. An application for a license as an apprentice dispensing optician must be submitted in the form and manner prescribed by the Board. Such an application must include, without limitation:
(a) Proof that the applicant satisfies the requirements of NRS 637.105.
(b) The name and address of the optical establishment where the apprenticeship will be conducted.
(c) A statement indicating whether the applicant has had a disciplinary action taken or initiated against any professional license the applicant has held in this State or any other jurisdiction. If so, the applicant must disclose the circumstances of the disciplinary action and, if requested by the Board, submit to a background check.
(d) A statement indicating whether the applicant has been convicted of a misdemeanor, gross misdemeanor or felony in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the conviction and, if requested by the Board, submit to a background check.
(e) The sworn statement of the applicant and the licensed dispensing optician, ophthalmologist or optometrist who will act as the supervisor of record of the applicant required by NAC 637.2319.
(f) An affidavit attesting to the truthfulness of all statements made in the application.
(g) The application fee as set forth in NAC 637.220.
2. The submission of false or misleading statements, information or documents or the failure to provide the information required as part of the application is sufficient cause for the Board to reject the application or revoke the license of an apprentice dispensing optician.
3. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board may review and approve or deny applications for a license pursuant to this section and in accordance with the policies of the Board.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.150 Application for license as dispensing optician: Form and manner of submission; contents; equivalent education; grounds for rejection or revocation of license; approval or denial. (NRS 637.070, 637.071, 637.100, 637.149, 637.150)
1. An application for a license as a dispensing optician pursuant to NRS 637.100 must be submitted to the Board in the form and manner prescribed by the Board.
2. An application submitted pursuant to subsection 1 must include, without limitation:
(a) Proof that the applicant has met the requirements set forth in NRS 637.100.
(b) Three letters concerning his or her character from references, one of which must be from a dispensing optician or a person who has worked in the optical industry with the applicant.
(c) An affidavit attesting to the truthfulness of all statements made in the application.
(d) A statement indicating whether the applicant has had a disciplinary action taken or initiated against any professional license issued to the applicant in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the disciplinary action and, if requested by the Board, submit to a background check.
(e) A statement indicating whether the applicant has been convicted of a misdemeanor, gross misdemeanor or felony in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the conviction and, if requested by the Board, submit to a background check.
(f) Proof that the applicant has passed the examination described in NAC 637.160.
(g) The application fee as set forth in NAC 637.220.
3. For the purposes of paragraph (b) of subsection 1 of NRS 637.100, the Board will consider an applicant to have graduated from the equivalent of an accredited high school if the applicant:
(a) Has received a general equivalency diploma from an institution recognized by the United States Department of Education; or
(b) Has graduated from a foreign secondary school and has demonstrated to the satisfaction of the Board that the education is authentic and comparable to an accredited high school education in the United States.
4. The submission of false or misleading statements, information or documents on the application filed with the Board or the failure to provide information required to be included in an application is sufficient cause for the Board to reject the application or revoke the license of a dispensing optician.
5. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board may review and approve or deny applications for a license pursuant to this section and in accordance with the policies of the Board.
[Bd. of Dispensing Opt., No. 18, eff. 10-6-78; A 10-16-80]—(NAC A 12-17-87; R042-02, 8-29-2002; R108-04, 12-1-2004; R201-07, 4-17-2008; R073-12, 6-3-2013; R106-14, 11-2-2016; R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.160 Examination for license as dispensing optician; meeting concerning examination; certificate to qualify for licensure. (NRS 637.070, 637.071, 637.100, 637.121)
1. An examination for a license as a dispensing optician will test the applicant’s proficiency and knowledge in the following subjects:
(a) Neutralization of ophthalmic products;
(b) Ophthalmic product identification;
(c) Ophthalmic instrumentation;
(d) Optical theory;
(e) Dispensing of ophthalmic products;
(f) The provisions of this chapter and chapter 637 of NRS; and
(g) Anatomy, physiology and health of the eye.
2. If an applicant for a license as a dispensing optician holds a limited license as a dispensing optician pursuant to NRS 637.121, the examination will test the applicant’s proficiency and knowledge in the following subjects:
(a) Neutralization of ophthalmic products;
(b) Instrumentation and fitting;
(c) Basic contact lens; and
(d) The provisions of this chapter and chapter 637 of NRS.
3. The Board may hold a meeting pursuant to NRS 241.030 to prepare, revise, administer or grade examinations.
4. If the Board requires an applicant to obtain a certificate to qualify for licensure pursuant to this chapter or chapter 637 of NRS, such certificate must be current and valid pursuant to the policies of the issuing body at the time the applicant is issued a license by the Board.
[Bd. of Dispensing Opt., Nos. 19.1 & 19.2, eff. 10-6-78; A 10-16-80; No. 19.3, eff. 10-6-78; A 11-30-79; No. 19.5, eff. 10-16-80]—(NAC A by R042-02, 8-29-2002; R108-04, 12-1-2004; R113-06, 6-28-2006; R073-12, 6-3-2013; R106-14, 11-2-2016; R067-23, 12-15-2023)
NAC 637.190 Continuing education for renewal of license or limited license as dispensing optician: Required number of hours; retention and submission upon request of certificates of completion; exemption for first renewal of license; disciplinary action for failure to comply. (NRS 637.070, 637.071, 637.121)
1. Except as otherwise provided in this subsection, to qualify for the renewal of a license as a dispensing optician pursuant to NAC 637.218, a dispensing optician must complete 14 hours of continuing education not later than December 31 of each year. A licensee may receive up to 7 hours of credit for courses completed by December 31 of the previous calendar year. At least 7 of the required hours of continuing education must be approved by the Board for instruction related to the fitting of contact lenses.
2. Except as otherwise provided in this subsection, to qualify for the renewal of a limited license as a dispensing optician pursuant to NAC 637.218, a dispensing optician must complete 12 hours of continuing education not later than December 31 of each year. A licensee may receive up to 6 hours of credit for courses completed by December 31 of the previous calendar year.
3. Each dispensing optician and dispensing optician with a limited license must retain a copy of the certificate of completion for each course of continuing education used for the renewal of a license pursuant to NAC 637.218 for 3 years after the submission of the application to renew the license. Each dispensing optician and dispensing optician with a limited license must submit copies of such certificates upon the request of the Board.
4. A dispensing optician who reactivates an inactive license pursuant to NAC 637.215 may resubmit any certificates of completion submitted to the Board at the time the license of the dispensing optician was reactivated with the next renewal of the license of the dispensing optician provided that the courses of continuing education meet the requirements of subsection 1.
5. A dispensing optician is not required to complete the hours of continuing education required by subsection 1 for the first renewal of the license.
6. A dispensing optician or a dispensing optician with a limited license who fails to complete the required number of hours of continuing education or who makes any false statement or representation regarding the completion of hours of continuing education is subject to discipline pursuant to NRS 637.150.
[Bd. of Dispensing Opt., No. 20.5, eff. 10-6-78; No. 20.6, eff. 11-30-79]—(NAC A by R042-02, 8-29-2002; R108-04, 12-1-2004; R106-14, 11-2-2016; R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.200 Continuing education for renewal of license or limited license as dispensing optician: Subjects; approval of and credit for courses; credit for community service. (NRS 637.070, 637.071, 637.121)
1. Subjects for continuing education in ophthalmic dispensing include:
(a) Mechanical and geometric optics;
(b) The measurement, fitting and adapting of eyeglasses, contact lenses and optical prosthetics;
(c) Optical materials and their design and uses as visual aids;
(d) The nature and properties of light and its refraction by lenses;
(e) The anatomy and physiology of the eye and its appendages;
(f) The principles of management relating to ophthalmic dispensing;
(g) The principles of ophthalmic dispensing and the wearing of contact lenses related to ophthalmology and optometry;
(h) Refractometry;
(i) Anatomy, physiology and health of the eye;
(j) Ethics in ophthalmic dispensing;
(k) Ophthalmic products;
(l) Cardiopulmonary resuscitation training; and
(m) The provisions of this chapter and chapter 637 of NRS.
2. Except as otherwise provided in subsection 3, the Board will approve each course of continuing education and determine the number of credits to be given for each course. A sponsor of a course shall submit to the Board an outline of the course and any other related materials that the Board may require.
3. The Board may deem approved those courses of continuing education:
(a) Approved for credit by an accrediting organization recognized and approved by the Board; or
(b) Provided by a sponsor or organization that has been approved by the Board.
4. A licensee is not entitled to receive credit for a course of continuing education unless the course is approved by the Board. A licensee may request approval of a course for credit towards his or her hours of continuing education by submitting to the Board an outline of the course and any other related materials that the Board may require. Any request for approval of a course must be submitted to the Board at least 90 days before the date on which the licensee submits an application for the renewal of his or her license.
5. A licensee may not receive credit towards his or her hours of continuing education for a specific course of continuing education more than once every 3 years.
6. A licensee may satisfy the requirements for continuing education through any combination of live courses, self-study courses and courses offered over the Internet.
7. A licensee may receive credit for not more than 4 hours of continuing education each year for community service time spent providing dispensing optician services. Such credit:
(a) Must be evidenced in a form and manner prescribed by the Board;
(b) Subject to the limit of 4 hours, will be credited on an hour-for-hour basis if approved by the Board; and
(c) May be credited towards the required number of hours of continuing education for the fitting of contact lenses only if the dispensing optician fitted and dispensed contact lenses during the community service time.
[Bd. of Dispensing Opt., Nos. 20.3 & 20.4, eff. 10-6-78; No. 20.7, eff. 10-16-80]—(NAC A 11-14-97; R042-02, 8-29-2002; R108-04, 12-1-2004; R113-06, 6-28-2006; R106-14, 11-2-2016; R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.215 Inactivation of license as dispensing optician; renewal of inactive status; reactivation of license. (NRS 637.070, 637.071, 637.149)
1. The holder of a license as a dispensing optician who is in good standing with the Board may submit an application in the form and manner prescribed by the Board to inactivate such a license.
2. An inactive license is valid for a term of 5 years. A licensee may renew an inactive license for a second 5-year period. A license may not be inactive for a period of more than 10 consecutive years.
3. To renew his or her inactive status, the holder of the license must submit to the Board a written request in the form and manner prescribed by the Board and pay the fee for the renewal of the inactive license as set forth in NAC 637.220.
4. An inactive license as a dispensing optician that expires because it is not renewed pursuant to subsection 3 or is not reactivated before exceeding the time limit provided in subsection 2 may not be reinstated.
5. The holder of an inactive license may reactivate such license by:
(a) Submitting an application for renewal pursuant to NAC 637.218;
(b) Paying the fee to renew a license as a dispensing optician set forth in NAC 637.220; and
(c) Completing any hours of continuing education required pursuant to NAC 637.190.
6. A person who holds an inactive license as a dispensing optician:
(a) Is not required to obtain the continuing education hours required pursuant to NAC 637.190 while such license is inactive.
(b) Shall not perform any act for which a license is required pursuant to this chapter or chapter 637 of NRS.
7. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board may review and approve or deny applications for the renewal or reactivation of a license pursuant to this section and in accordance with the policies of the Board.
(Added to NAC by Bd. of Dispensing Opt., eff. 6-26-95; A by R042-02, 8-29-2002; R108-04, 12-1-2004; R073-12, 6-3-2013; R067-23, 12-15-2023)
NAC 637.218 Expiration, renewal and reinstatement of license or limited license as dispensing optician; disciplinary action for false statement or representation on application. (NRS 637.070, 637.071, 637.121, 637.149, 637.150)
1. A license as a dispensing optician or a limited license as a dispensing optician expires on January 31 of each year. An application for the renewal of any such license must be submitted in the form and manner prescribed by the Board and must include, without limitation:
(a) A statement affirming that the dispensing optician has completed the hours of continuing education required pursuant to NAC 637.190. The statement must include, for each course completed:
(1) The title of the course;
(2) The date on which the course was completed;
(3) The number of credit hours given for the course; and
(4) Whether the course is approved by the Board for contact lens instruction.
(b) Any changes to the employer or the business address of the dispensing optician not previously reported to the Board.
(c) Any renewal fee set forth in NAC 637.220.
2. A license as a dispensing optician or a limited license as a dispensing optician that is not renewed by January 31 is delinquent. Not later than 1 year after the date on which such a license becomes delinquent, a licensee may apply to reinstate a delinquent license by submitting an application to renew such license and paying the fee prescribed in NAC 637.220.
3. A dispensing optician or a dispensing optician with a limited license who makes any false statement or representation to the Board on an application for the renewal of a license is subject to discipline pursuant to NRS 637.150.
4. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board may review and approve or deny applications for the renewal of a license pursuant to this section and in accordance with the policies of the Board.
(Added to NAC by Bd. of Dispensing Opt. by R113-06, eff. 6-28-2006; A by R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.219 Expiration, renewal and reinstatement of license as apprentice dispensing optician; reapplication for licensure; disciplinary action for false statement or representation on application. (NRS 637.070, 637.071, 637.149, 637.150)
1. A license as an apprentice dispensing optician expires on January 31 of each year.
2. An application for the renewal of a license as an apprentice dispensing optician must be submitted in the form and manner prescribed by the Board and must include, without limitation:
(a) If the apprentice dispensing optician will have been licensed for 6 months or longer on January 31 and has not already submitted such evidence to the Board, evidence of enrollment or completion of a program of education as required by subsection 1 of NAC 637.2316;
(b) Any changes to the employer, the business address or supervisor of record of the apprentice dispensing optician not previously reported to the Board; and
(c) The renewal fee set forth in NAC 637.220.
3. A license of an apprentice dispensing optician that is not renewed by January 31 is delinquent. Not later than 30 days after the date on which such a license becomes delinquent, an apprentice dispensing optician may apply to reinstate the delinquent license by submitting an application to renew such license and paying the fee set forth in NAC 637.220.
4. An apprentice dispensing optician whose license is not renewed pursuant to subsection 2 or reinstated pursuant to subsection 3 may reapply for licensure as an apprentice dispensing optician pursuant to NAC 637.141 not earlier than 1 year after the expiration date of his or her license.
5. Except as otherwise provided in subsection 6, a license as an apprentice dispensing optician issued between February 1 and October 31 of any year may not be renewed more than three times. A license as an apprentice dispensing optician issued between November 1 and January 31 of any year may not be renewed more than four times. An applicant who is not authorized to renew his or her license pursuant to this subsection may reapply for a license as an apprentice dispensing optician not earlier than 1 year after the final expiration date of such a license.
6. The Board may grant a request for one additional renewal of a license as an apprentice dispensing optician if the applicant submits a request in the form and manner prescribed by the Board not later than 90 days before the end of the apprentice dispensing optician’s final authorized renewal. Such a request must demonstrate to the satisfaction of the Board that:
(a) The apprentice dispensing optician was unable to complete the education and training requirements set forth in NAC 637.2313 and 637.2316 due to unforeseen or emergency circumstances or due to other circumstances that were outside the control of the apprentice dispensing optician; and
(b) If the renewal is granted, the apprentice dispensing optician could reasonably complete any remaining education and training requirements set forth in NAC 637.2313 and 637.2316 within the time provided by the additional renewal of such a license.
7. An apprentice dispensing optician who makes any false statement or representation to the Board on an application for the renewal of a license or a reapplication for licensure is subject to discipline pursuant to NRS 637.150.
8. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board may review and approve or deny applications for the renewal of a license pursuant to this section and in accordance with the policies of the Board.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.220 Fees for initial issuance, renewal, reinstatement and inactivation of certain licenses; waiver of renewal fee for certain first renewal of license. (NRS 637.070, 637.071, 637.100, 637.103, 637.121, 637.149)
1. Unless waived pursuant to subsection 2, the fee for:
(a) An application for an initial license as an apprentice dispensing optician is $100.
(b) An application for an initial license as a dispensing optician is $150.
(c) The annual renewal of a license as an apprentice dispensing optician is $100.
(d) The annual renewal of a license as a dispensing optician is $350.
(e) The annual renewal of a limited license as a dispensing optician is $200.
2. The Board will waive the annual renewal fee set forth in subsection 1 for:
(a) The first renewal if the initial license was issued on or after November 1; or
(b) The first renewal if the license was reactivated on or after November 1.
3. The annual delinquency fee for the reinstatement of a:
(a) License as an apprentice dispensing optician is $100.
(b) License as a dispensing optician is $300.
(c) Limited license as a dispensing optician is $200.
4. The fee for the inactivation of a license as a dispensing optician or the renewal of such an inactive license is $300.
[Bd. of Dispensing Opt., No. 23.1, eff. 11-30-79; A 10-16-80]—(NAC A 2-5-82; 2-18-87; 12-17-87; 6-26-95; R042-02, 8-29-2002; R108-04, 12-1-2004; R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.230 Licensee required to file addresses with Board and notify Board of change of any such address. (NRS 637.070, 637.071)
1. Each licensee in this State shall file with the Board the licensee’s home or mailing address, electronic mail address and business address.
2. A licensee shall notify the Board in the manner prescribed by the Board of a change of a licensee’s home or mailing address or electronic mail address within 30 days of such change.
3. A licensee shall notify the Board in the manner prescribed by the Board of a change of a licensee’s business address within 10 days of such change.
[Bd. of Dispensing Opt., No. 15, eff. 10-6-78]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013; R067-23, 12-15-2023)
PROGRAM OF APPRENTICESHIP
NAC 637.2313 Completion of educational program, instruction and training; waiver of certain requirements for holder of limited license. (NRS 637.070, 637.071, 637.100, 637.121)
1. An apprentice dispensing optician who desires to obtain a license as a dispensing optician pursuant to NRS 637.100 must:
(a) Complete an educational program approved by the Board which includes the following areas of instruction:
(1) Ocular anatomy, physiology and refractive anomalies of the eye;
(2) Processes of vision, especially the effect of light, lenses and prisms placed before the eye;
(3) Theoretical optics;
(4) Ophthalmic vocabulary;
(5) Ophthalmic prescription interpretation, eyeglass lens and contact lens identification, fitting and adjustment of eyeglasses and use of instruments in the analysis of eyeglass lenses and contact lenses in a practical examination; and
(6) All facets of ophthalmic dispensing procedures.
(b) Receive instruction and training under the direct supervision of a licensed dispensing optician, ophthalmologist or optometrist in this State while employed at an optical establishment. Such instruction and training must include experience at the fitting table in preparing laboratory orders, verifying processed work from the laboratory and the performance of other duties related to ophthalmic dispensing consisting of:
(1) At least 2,000 hours of training and experience as an apprentice dispensing optician completing a 2-year apprenticeship pursuant to subparagraph (1) of paragraph (c) of subsection 1 of NRS 637.100; or
(2) At least 1,000 hours of training and experience as an apprentice dispensing optician completing a 1-year apprenticeship pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 637.100.
(c) Complete at least 100 hours of training and experience related to the fitting and filling of prescriptions for contacts lenses, as evidenced in the form and manner prescribed by the Board and signed by the licensed dispensing optician, ophthalmologist or optometrist in this State who provided such training. A dispensing optician with a limited license shall not provide any of the training required pursuant to this paragraph.
(d) Perform the accurate and correct neutralization of at least 100 pairs of prescription spectacles as evidenced on a form prescribed by the Board and signed by the licensed dispensing optician, ophthalmologist or optometrist in this State who provided such training.
2. The Board will waive the requirements of paragraphs (b) and (d) of subsection 1 for an apprentice dispensing optician who holds a limited license as a dispensing optician pursuant to NRS 637.121.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.2316 Submission of evidence of enrollment in or completion of educational program; inactivation of license for failure to submit; appeal of decision to inactivate; ineligibility of inactivated license for renewal. (NRS 637.070, 637.071, 637.105)
1. An apprentice dispensing optician shall, within 6 months after the date of his or her initial licensure as an apprentice dispensing optician, submit to the Board in the form and manner prescribed by the Board evidence that he or she:
(a) Is enrolled in an educational program approved by the Board; or
(b) Has previously completed an educational program approved by the Board or other educational program comparable to a program approved by the Board.
2. The Board, an authorized employee of the Board or a designee of the Board will inactivate the license of an apprentice dispensing optician who fails to submit evidence of experience to the Board within the time required by subsection 1. The Board will notify the apprentice dispensing optician of such action. The decision to inactivate the license may be appealed by the apprentice dispensing optician by submitting a written request to the Board within 30 days after the license becomes inactive. A license that is inactivated pursuant to this subsection is not eligible for renewal pursuant to NAC 637.219.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.2319 Supervision of apprentice dispensing optician; notice to Board of certain change in supervision. (NRS 637.070, 637.071, 637.105, 637.125)
1. An apprentice dispensing optician must have on file with the Board a supervisor of record who is licensed in this State as a dispensing optician, ophthalmologist or optometrist. An apprentice dispensing optician may not have more than one supervisor of record. A licensed dispensing optician may be the supervisor of record for not more than two apprentice dispensing opticians.
2. Except as otherwise provided in this subsection, the supervisor of record of an apprentice dispensing optician must be on the premises of the optical establishment at all times to directly supervise the apprentice dispensing optician pursuant to NRS 637.125. In all instances of the absence of the supervisor of record, a substitute supervisor who is licensed in this State as a dispensing optician, ophthalmologist or optometrist must be obtained to directly supervise the apprentice dispensing optician.
3. The apprentice dispensing optician and the supervisor of record must make a sworn statement to the Board in the form and manner prescribed by the Board to conduct the apprenticeship in accordance with the provisions of this chapter and chapter 637 of NRS.
4. If a change of supervision lasts 7 days or longer, the apprentice dispensing optician and the new supervisor of record shall notify the Board of such change in supervision by submitting the sworn statement required by subsection 3 within 10 business days after the change.
5. An apprentice dispensing optician, his or her supervisor of record and his or her substitute supervisor must be employed by the same employer at the same work location.
6. An apprentice dispensing optician, his or her supervisor of record and his or her substitute supervisor must be able to read, write, speak and understand the English language.
7. The Board may require a supervisor of record to conduct a periodic review of an apprentice dispensing optician.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
PROFESSIONAL PRACTICE; OPTICAL ESTABLISHMENTS
NAC 637.232 License required to provide ophthalmic product directly to public; exception; authorized scope of practice of laboratory personnel. (NRS 637.070, 637.071, 637.090, 637.100, 637.105, 637.121)
1. Except as otherwise provided by specific statute, a person who does not hold a license as a dispensing optician, a limited license as a dispensing optician or a license as an apprentice dispensing optician shall not provide any ophthalmic product directly to the public.
2. Laboratory personnel, including, without limitation, laboratory technicians, may, without obtaining a license issued pursuant to this chapter or chapter 637 of NRS, perform any act to the fullest extent for which a license is not required, including, without limitation, grinding lenses or fabricating eyewear, provided that such personnel provide ophthalmic products only and directly to licensed dispensing opticians, licensed ophthalmologists and licensed optometrists.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.2325 Optical establishment: Restrictions and prohibitions concerning management; prohibition on certain actions by apprentice dispensing optician; sign required to be posted if no dispensing optician on duty. (NRS 637.070, 637.090, 637.100, 637.105, 637.121, 637.125)
1. A manager of an optical establishment:
(a) Must hold a license as a dispensing optician issued pursuant to this chapter or chapter 637 of NRS; and
(b) Is responsible for overseeing all aspects of ophthalmic dispensing at the optical establishment, including, without limitation:
(1) Ensuring that all ophthalmic dispensing is performed by an appropriately licensed employee and that the optical establishment and its employees adhere to the provisions of this chapter and chapter 637 of NRS;
(2) Maintaining a current list of all licensees who are employed at the optical establishment;
(3) Displaying the current licenses of all licensed employees in a public and conspicuous area of the optical establishment; and
(4) Ensuring the optical establishment keeps a copy of each sworn statement submitted to the Board pursuant to NAC 637.2319 that indicates the supervisor of record for each apprentice dispensing optician employed at the optical establishment.
2. A dispensing optician shall notify the Board, in the form and manner prescribed by the Board, within 10 days after becoming the manager of an optical establishment, that he or she is the manager of the optical establishment. A dispensing optician shall not manage more than one optical establishment.
3. Except as otherwise provided in this subsection, the manager of an optical establishment must be on duty during the hours the optical establishment is engaged in ophthalmic dispensing unless the manager assigns another dispensing optician to act as the substitute manager of the optical establishment.
4. An apprentice dispensing optician shall not:
(a) Act as a manager of an optical establishment; or
(b) Under any circumstances have any authority to, or act in such a manner as to, supersede the authority or any decision of a dispensing optician.
5. If no dispensing optician is on duty in the optical establishment, a sign prescribed by the Board must be posted for public view at the main entrance or cashier station of the optical establishment in accordance with subsection 2 of NRS 637.090.
6. A person who has supervisory authority over a person who manages an optical establishment and intentionally influences or attempts to influence the decisions of that person relating to ophthalmic dispensing shall be deemed to have violated the provisions of NRS 637.090.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.233 Equipment for dispensing optician: Required types; good working order; cleaning and sanitation. (NRS 637.070)
1. A dispensing optician:
(a) Shall have the following optical equipment at the place of dispensing:
(1) A lens clock;
(2) A lensometer; and
(3) A pupilometer.
(b) Shall have the following optical equipment at the place of dispensing if he or she fits contact lenses:
(1) A slit lamp;
(2) A digital or manual keratometer or autorefractor;
(3) A contact lens loupe;
(4) A thickness gauge;
(5) A diameter gauge;
(6) Fluorescein dye; and
(7) Trial contact lenses.
2. All equipment must be in good working order.
3. If any equipment is used more than once, the dispensing optician shall clean the equipment between each use with sanitizing wipes or spray. The dispensing optician shall comply with any guidelines for the cleanliness and sanitization of equipment and the optical establishment that are approved by the Board.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.2335 Inspections: Authority of Board; licensee required to provide access; failure to cooperate; disciplinary action. (NRS 637.070, 637.150)
1. The Board may inspect the place of dispensing of a licensee to ensure compliance with the provisions of this chapter and chapter 637 of NRS. This authority extends to any member of the Board and its authorized employees and designees.
2. A licensee shall provide access to facilitate an inspection initiated pursuant to subsection 1.
3. Failure to cooperate with an inspection conducted pursuant to this section constitutes grounds for disciplinary action pursuant to NRS 637.150.
4. If the Board, its members or authorized employees or designees find one or more violations of this chapter or chapter 637 of NRS as a result of the inspection, the Board may initiate disciplinary action against one or more licensees in accordance with the provisions of this chapter and chapters 233B, 622A and 637 of NRS.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
NAC 637.234 Advertising which quotes prices of ophthalmic goods and services. (NRS 637.070, 637.150)
1. Advertising which quotes prices of ophthalmic goods and services must set forth whether:
(a) The advertised price includes single vision or multifocal glass or plastic lenses;
(b) The advertised price for contact lenses refers to “hard” or “soft” lenses;
(c) The advertised price of ophthalmic goods includes all dispensing fees;
(d) The advertised price for eyeglasses includes both frames and lenses; and
(e) The advertised lens price includes all lens prescription powers.
2. Each advertisement in violation of any one of the provisions of subsection 1 is a separate offense punishable pursuant to NRS 637.150.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023
STANDARDS OF PRACTICE; PENALTIES
NAC 637.235 Grounds for disciplinary action: “Other conduct which the Board has determined is unethical or unprofessional” interpreted. (NRS 637.070, 637.125, 637.150)
1. As used in paragraph (h) of subsection 6 of NRS 637.150, the Board will interpret the phrase “other conduct which the Board has determined is unethical or unprofessional” to include, without limitation:
(a) Performing acts beyond the scope of the practice of ophthalmic dispensing;
(b) Performing dispensing duties while under the influence of intoxicating liquor or a controlled substance;
(c) Presenting any false or deceptive information to the Board or the public;
(d) Engaging in the sexual harassment of any employee or consumer, including, without limitation, making unwelcome sexual advances, requests for sexual favors or other speech or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with the work performance of an employee or creating an environment which is intimidating, hostile or offensive to an employee or consumer;
(e) Attempting to obtain or retain a consumer, either directly or indirectly, by way of intimidation, coercion or deception;
(f) Engaging in conduct that would lead to the harm or endangerment of the public;
(g) Violating an order issued by the Board; or
(h) Failing to cooperate with an investigation conducted by the Board, including, without limitation, failing to provide documents requested by a member of the Board, the staff of the Board or an investigator for the Board.
2. In addition to the conduct listed in subsection 1, the Board will further interpret the phrase “other conduct which the Board has determined is unethical or unprofessional” to include:
(a) A dispensing optician who allows an apprentice dispensing optician whom the dispensing optician directly supervises to perform any task:
(1) For which the apprentice dispensing optician is not trained;
(2) Which is outside the scope of practice of an apprentice dispensing optician; or
(3) Without the direct supervision of the dispensing optician.
(b) An apprentice dispensing optician who performs any act for which a license is required pursuant to this chapter or chapter 637 of NRS:
(1) Without the direct supervision of a licensed dispensing optician, ophthalmologist or optometrist; or
(2) In violation of the express instructions of the licensed dispensing optician, ophthalmologist or optometrist who is supervising the apprentice dispensing optician.
(Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R073-12, 6-3-2013; R137-17, 8-30-2018; R067-23, 12-15-2023)
NAC 637.239 Adoption by reference of certain standards for prescription ophthalmic lenses. (NRS 637.070)
1. The Board hereby adopts by reference for use in this State the recommendations of the American National Standards Institute for prescription ophthalmic lenses set forth in ANSI Z80.1-2020, as those standards existed on April 6, 2021.
2. If the publication adopted by reference in subsection 1 is revised, the Board will review the revision to determine its suitability for this State. If the Board determines that the revision is not suitable for this State, the Board will hold a public hearing to review its determination and give notice of that hearing within 90 days after the date of the publication of the revision. If, after the hearing, the Board does not revise its determination, the Board will give notice that the revision is not suitable for this State within 90 days after the hearing. If the Board does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 1.
3. A copy of the publication adopted by reference in subsection 1 may be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York, New York 10036, by telephone at (212) 642-4980 or at the Internet address https://webstore.ansi.org, at a price of $80.
(Added to NAC by Bd. of Dispensing Opt. by R201-07, eff. 4-17-2008; A by R067-23, 12-15-2023)
NAC 637.255 Administrative fines imposed in connection with issuance of administrative citation; hearing and additional penalties. (NRS 637.070, 637.149, 637.150, 637.181, 637.182)
1. If the Board, the Executive Director of the Board, an authorized employee of the Board or a designee of the Board issues a citation pursuant to NRS 637.182, the Board, Executive Director, authorized employee or designee will impose an administrative fine according to the schedule adopted in subsection 2.
2. The Board adopts the following schedule of administrative fines for any citation issued pursuant to subsection 1:
|
Violation |
First Violation |
Second Violation |
Third or Subsequent Violation |
|
APPRENTICE DISPENSING OPTICIAN OR DISPENSING OPTICIAN |
|
|
|
|
Failure to notify the Board of a change of address pursuant to NAC 637.230............... |
$100 |
$200 |
$500 |
|
Failure to notify the Board of a change of supervisor of record pursuant to NAC 637.2319...................................................... |
100 |
200 |
500 |
|
Failure to post a current license in a conspicuous manner pursuant to NAC 637.2325...................................................... |
200 |
500 |
1,000 |
|
Failure to provide access to facilitate an inspection in violation of NAC 637.2335.... |
200 |
500 |
1,000 |
|
Practicing with an expired license.................... |
500 |
1,000 |
1,500 |
|
Dispensing a prescription ophthalmic product that is not in accordance with the standards adopted by reference pursuant to NAC 637.239........................................................ |
500 |
1,000 |
1,500 |
|
Dispensing without supervision in violation of subsection 3 of NRS 637.125...................... |
500 |
1,000 |
1,500 |
|
Supervising more than two apprentice dispensing opticians at one time in violation of subsection 4 of NRS 637.125.................. |
500 |
1,000 |
1,500 |
|
Allowing an unlicensed person to dispense ophthalmic products in violation of subsection 2 of NRS 637.125...................... |
1,000 |
1,500 |
2,000 |
|
ANY PERSON OR BUSINESS ENGAGED IN OPHTHALMIC DISPENSING |
|
|
|
|
Selling nonprescription cosmetic or theatrical contact lenses without a license................... |
100 |
500 |
1,000 |
|
Practicing ophthalmic dispensing without a license in violation of NRS 637.181............ |
1,000 |
1,500 |
2,000 |
|
Employing an unlicensed person who practices ophthalmic dispensing without a license in violation of NRS 637.125............................ |
1,000 |
1,500 |
2,000 |
|
Employing a person licensed pursuant to this chapter or chapter 637 of NRS who violates subsection 2, 3 or 4 of NRS 637.125........... |
1,000 |
1,500 |
2,000 |
|
Presenting oneself to the public as a dispensing optician or an apprentice dispensing optician in violation of subsection 6 of NRS 637.200........................................................ |
500 |
1,000 |
1,500 |
3. Notwithstanding any citation issued pursuant to subsection 1 and an administrative fine imposed pursuant to subsection 2, a person who violates a provision of this chapter or chapter 637 of NRS may be ordered to appear at a hearing before the Board and is subject to the penalties set forth in NRS 637.150 and 637.181.
(Added to NAC by Bd. of Dispensing Opt. by R067-23, eff. 12-15-2023)
PROCEEDINGS BEFORE BOARD
NAC 637.335 Complaint: Contents; review and investigation. (NRS 637.070, 637.1535)
1. A complaint filed pursuant to NRS 637.1535 must include the name, address and telephone number of the person filing the complaint.
2. The Executive Director of the Board, an authorized employee of the Board or a designee of the Board:
(a) Shall review each complaint to determine whether the information, alone or taken together with other evidence, documentary or otherwise, is sufficient to require an investigation;
(b) May cause any complaint to be investigated; and
(c) May enlist the assistance of a member of the Board, an authorized employee of the Board or an independent investigator in the conduct of an investigation.
(Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R067-23, 12-15-2023)
NAC 637.350 Staff of Board may be party to proceeding. (NRS 637.070) The Board’s staff may appear at any hearing and has the right to participate as a party to the proceeding.
[Bd. of Dispensing Opt., No. 3.8, eff. 10-6-78]
NAC 637.410 Conduct required of persons appearing in proceeding; removal of person from proceeding. (NRS 637.070)
1. A person appearing in a proceeding before the Board shall conform to the standards of ethical and courteous conduct required in the courts of this State.
2. The Board may remove a person from a proceeding for a violation of this section.
[Bd. of Dispensing Opt., No. 4.6, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013; R067-23, 12-15-2023)
NAC 637.420 Pleadings: Captions, amendments and construction. (NRS 637.070)
1. Pleadings before the Board must be called applications, petitions, charging documents, motions, briefs or answers.
2. The Board may, when substantial rights of the parties are not violated, allow any pleading to be amended or corrected at any time.
3. All pleadings will be liberally construed with a view to administering justice between the parties, and the Board or presiding officer will, at every stage of proceeding, disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.
[Bd. of Dispensing Opt., Nos. 5.1-5.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)
NAC 637.430 Pleadings: General requirements for petitions. (NRS 637.070) A “petition” is a pleading other than an application, charging document or answer, praying for affirmative relief, including requests for declaratory orders, advisory opinions, and requests for the adoption, amendment or repeal of any regulation. A petition must set forth the full name and post office address of the petitioner and be signed by the petitioner.
[Bd. of Dispensing Opt., No. 5.4, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)
NAC 637.450 Motions. (NRS 637.070)
1. The provisions of NRS 622A.360 and 622A.390 govern a motion which may be filed pursuant to this chapter, including, without limitation, the time for the filing of the motion.
2. A decision on a motion will be rendered without oral argument unless oral argument is requested by the Board. If oral argument is requested, the Board will set a date and time for a hearing on the motion. The Board may authorize the President of the Board or his or her designee to rule on the motion without a hearing.
[Bd. of Dispensing Opt., No. 6, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013; R137-17, 8-30-2018)
NAC 637.470 Service of process. (NRS 637.070)
1. Except as otherwise provided in subsection 2, all notices, documents, advisory opinions and declaratory orders required to be served by the Board will be served by mail to the last known home address provided to the Board by the addressee, and service thereof will be deemed complete when a true copy of such paper or document, properly addressed and stamped, is deposited in the United States mail. Parties will be notified either personally or by certified mail of any adverse decision or order.
2. Notice of a disciplinary hearing will be served either personally or by certified mail upon the dispensing optician or apprentice dispensing optician who is the subject of the disciplinary hearing.
3. All documents required to be served by a party must be served by mail to the last known address provided to the Board by the addressee, and service thereof shall be deemed complete when a true copy of such paper or document, properly addressed and stamped, is deposited in the United States mail.
4. Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders must be served upon the attorney and such service is effective for all purposes upon the party represented by the attorney.
[Bd. of Dispensing Opt., No. 7.2, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013; R067-23, 12-15-2023)
NAC 637.590 Stipulations. (NRS 637.070) With the approval of the Board, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any such stipulation will be binding upon all parties to the stipulation, and it may be treated as evidence in the proceeding. The Board may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.
[Bd. of Dispensing Opt., No. 8.8, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)
NAC 637.600 Official notice of Board. (NRS 637.070) In addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, standards or records of the Board, and any regulatory agency of the State of Nevada or any court of record.
[Bd. of Dispensing Opt., No. 8.12, eff. 10-16-80]
NAC 637.620 Order or decision by Board. (NRS 637.070)
1. A proceeding stands submitted for decision by the Board after the taking of evidence, the filing of briefs or motions, or the presentation of such oral argument permitted by the Board.
2. Orders or decisions will be rendered within 90 days of the completion of the proceeding or of the Board meeting at which the matter is last considered, unless a shorter time is required by statute.
3. Decisions and orders of the Board will be served by sending a copy thereof by certified mail to the parties of record or their representatives or by personal service.
[Bd. of Dispensing Opt., Nos. 9.1-9.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013; R067-23, 12-15-2023)
NAC 637.650 Petition for declaratory order or advisory opinion. (NRS 637.070)
1. The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of a statutory provision or a regulation or decision of the Board.
2. All petitions for declaratory orders and advisory opinions must be in writing on a form prescribed by the Board.
3. Except as otherwise provided in subsection 4, upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board.
4. If the petition is received within 30 days before the next regularly scheduled meeting, the petition may be placed on the agenda for discussion at the next meeting after that meeting.
5. At the meeting described in subsection 3 or 4, the Board will grant or deny the petition. If the Board denies the petition, no further action will be taken.
6. A petitioner shall comply with the provisions of a declaratory order or advisory opinion rendered by the Board.
[Bd. of Dispensing Opt., No. 11.1, eff. 10-6-78; A 10-16-80]—(NAC A by R073-12, 6-3-2013; R067-23, 12-15-2023)
NAC 637.700 Petition for adoption, filing, amendment or repeal of regulation. (NRS 637.070)
1. A petition for the adoption, filing, amendment or repeal of a regulation must be in writing on a form prescribed by the Board and include:
(a) The name, telephone number and address of the petitioner;
(b) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation;
(c) The proposed language of the regulation to be adopted, filed or amended or the existing language of the regulation to be repealed, as applicable;
(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and
(e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of the regulation.
2. The Board may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not include the information required by subsection 1.
3. If the Board denies the petition, no further action will be taken.
[Bd. of Dispensing Opt., No. 12.2, eff. 10-6-78; A 10-16-80]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013; R067-23, 12-15-2023)