[Rev. 8/26/2026 9:43:18 AM]
[NAC-636 Revised Date: 8-26]
GENERAL PROVISIONS
636.010 Definitions.
636.050 “Office” defined.
636.055 “Ophthalmic products” defined.
636.059 Practice of optometry by graduate students and residents.
NEVADA STATE BOARD OF OPTOMETRY
636.061 Maintenance of separate account.
636.063 Approval of accreditation of schools.
636.065 Confidentiality of personal contact information of licensees; exception.
LICENSING, CERTIFICATION AND PERMITS GENERALLY
636.072 License is revocable privilege.
636.075 License to practice optometry: Required examinations; duties of applicant upon approval; issuance.
636.077 Expedited licensure by endorsement: “Malpractice” interpreted.
636.079 Renewal of license or certificate: Application; effective date of renewal.
636.082 Renewal of license: Continuing education.
636.085 Application for permit to provide services for health maintenance organization.
636.091 Fees.
ADVERTISING
636.115 Manner in which optometrist who is certified to administer and prescribe pharmaceutical agents may represent himself or herself to public.
636.120 Representation of professional designation; abbreviations.
636.140 Printed and electronic advertisements.
636.142 Broadcast advertisements.
636.145 Symbols and logos for advertising.
636.150 Ophthalmic products.
636.160 Spectacle lenses.
636.170 Contact lenses.
636.190 Examinations and tests.
636.200 Disclosure of dispensing fees.
PROFESSIONAL CONDUCT
636.210 Restrictions on use of name and place of practice; representation as specialist without certification; required display of license and availability of renewal card; practice as substitute optometrist; employer responsible for unprofessional conduct of employee.
636.215 Certificate of registration to own any portion of practice under assumed or fictitious name.
636.220 Employment of unlicensed persons for certain services.
636.230 Compliance with provisions of laws, ordinances and regulations relating to optometry.
636.240 Agreements to lease between licensees and unlicensed persons.
636.245 Formation of association or other business relationship with unlicensed persons.
636.250 Separation between office of optometry and other businesses required; prohibited relationships with unlicensed persons.
636.255 Ownership of patient records.
636.260 Restrictions on and required disclosure of fees charged in connection with implantation of premium intraocular lenses.
CERTIFICATE TO OWN OR OPERATE MOBILE OPTOMETRY CLINIC
636.270 “Medically underserved group” and “mobile optometry clinic” interpreted.
636.275 Application for issuance or renewal of certificate to operate; records.
TREATMENT OF GLAUCOMA
636.280 Requirements for certification.
636.285 Requirements for certification by endorsement.
636.290 Consultation with and referral to ophthalmologist; establishment of course of treatment and periodic examinations of patient required; prohibition on treatment of certain patients; records.
DISCIPLINARY AND OTHER ACTIONS
636.305 Reporting to Board of certain occurrences relating to potential misconduct; review of report and investigation.
636.315 Complaints and disciplinary hearings against certain persons who are no longer licensed.
636.325 Summary suspension of license; grounds for issuance of order; effect of order; service of order and related notices.
636.335 Factors to be considered by Board in imposing disciplinary action or sanction.
PRACTICE BEFORE THE NEVADA STATE BOARD OF OPTOMETRY
636.380 Service upon attorney.
636.385 Proof of service.
636.395 Decision on motions.
636.400 Conduct before Board.
636.405 Official notice; adverse decision or order without proof of actual injury.
636.415 Petitions for declaratory orders and advisory opinions.
636.425 Petitions requesting adoption, amendment or repeal of regulations.
636.480 Proof of service. [Replaced in revision by NAC 636.385.]
636.600 Official notice. [Replaced in revision by NAC 636.405.]
636.650 Petitions for declaratory orders and advisory opinions. [Replaced in revision by NAC 636.415.]
636.660 Petitions requesting adoption, amendment or repeal of regulations. [Replaced in revision by NAC 636.425.]
PRESCRIPTIONS
636.670 Contents.
636.680 Additional requirements applicable to contact lenses.
MISCELLANEOUS PROVISIONS
636.705 Optometric telemedicine and remote patient monitoring.
636.710 Referral bureaus for optometrists.
636.730 Certification to administer and prescribe pharmaceutical agents.
GENERAL PROVISIONS
REVISER’S NOTE.
Pursuant to the provisions of NRS 0.024, former NAC 636.030 contained a definition that was deemed duplicative of the definition set forth in NRS 636.017 and was removed from chapter 636 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:
“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”
NAC 636.010 Definitions. (NRS 636.125) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 636.050 and 636.055 have the meanings ascribed to them in those sections.
[Bd. of Optometry, part Definitions, eff. 5-26-78]—(NAC A 8-4-94; R126-99, 12-13-99)
NAC 636.050 “Office” defined. (NRS 636.125) “Office” means any office, motor vehicle or trailer operated as a mobile optometry clinic or other place for the practice of optometry. The term includes the contiguous area which the licensee owns or leases in conjunction with the practice of optometry.
[Bd. of Optometry, Definition No. 4, eff. 5-26-78]—(NAC A by R066-19, 10-24-2022)
NAC 636.055 “Ophthalmic products” defined. (NRS 636.125) “Ophthalmic products” means any materials used for the correction or relief of or remedy for any abnormal condition or inefficiency of the eye or visual process. The term includes, but is not limited to, spectacle frames, spectacle lenses, contact lenses, devices and pharmaceutical agents.
(Added to NAC by Bd. of Optometry, eff. 8-4-94; A by R066-19, 10-24-2022)
NAC 636.059 Practice of optometry by graduate students and residents. (NRS 636.0285, 636.125)
1. A student who is enrolled in a graduate course of study in optometry at an accredited school or college may perform a procedure pursuant to subsection 1 of NRS 636.0285 only if that procedure is within the scope of practice of the optometrist or ophthalmologist who is physically present at the clinic when the student is performing the procedure.
2. A person who has received a degree of doctor of optometry and who is engaged in a residency program for optometry in this State may:
(a) Engage in the practice of optometry pursuant to subsection 2 of NRS 636.0285 only within the scope of practice of the optometrist or ophthalmologist who is physically present at the clinic when the person is in the practice of optometry.
(b) Provide care to a patient pursuant to subsection 3 of NRS 636.0285 for not more than 10 hours after consulting with the appropriate optometrist or ophthalmologist associated with the clinic.
3. Nothing in this section authorizes a student who is enrolled in a graduate course of study in optometry at an accredited school or college or a person who has received a degree of doctor of optometry and who is engaged in a residency program for optometry to perform any act that is outside of the practice of optometry, as set forth in NRS 636.025.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
NEVADA STATE BOARD OF OPTOMETRY
NAC 636.061 Maintenance of separate account. (NRS 636.110, 636.125) The Board will maintain in an account separate from its general operating account an amount of money that is sufficient to pay the operating expenses of the Board for at least 13 months.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.063 Approval of accreditation of schools. (NRS 636.125, 636.135) For the purposes of NRS 636.135, the Board approves the accreditation of schools by the Accreditation Council on Optometric Education, or its successor organization.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.065 Confidentiality of personal contact information of licensees; exception. (NRS 636.120, 636.125) The Board will keep the personal mailing address, telephone number and electronic mail address of each licensee confidential, except where the personal mailing address, telephone number or electronic mail address is also the public mailing address, telephone number or electronic mail address, as applicable, of the licensee.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
LICENSING, CERTIFICATION AND PERMITS GENERALLY
NAC 636.072 License is revocable privilege. (NRS 636.125) Any license issued pursuant to this chapter is a revocable privilege.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
NAC 636.075 License to practice optometry: Required examinations; duties of applicant upon approval; issuance. (NRS 636.125, 636.150, 636.180)
1. The examinations required pursuant to NRS 636.150 consist of:
(a) The Part I, Part II and Part III examination and the Treatment and Management of Ocular Disease Examination prepared by the National Board of Examiners in Optometry or its successor organization; and
(b) The examination prepared by the Board which relates to the laws and regulations governing the practice of optometry in this State.
2. The Board or its designee will review the results of the examination of an applicant. If the Board determines that the results comply with the requirements of chapter 636 of NRS, the Board may approve the application for licensure of the applicant. The Board will notify the applicant whether the application is approved. Upon receiving notice of approval, the applicant must pay the fees prescribed by NAC 636.091 and provide to the Board a list of the addresses at which he or she will practice. Not later than 60 days after receiving the fees and list, the Board will issue a license to the applicant.
(Added to NAC by Bd. of Optometry, 8-4-94, eff. 1-1-95; A by R126-99, 12-13-99; R066-19, 10-24-2022)
NAC 636.077 Expedited licensure by endorsement: “Malpractice” interpreted. (NRS 636.125, 636.206, 636.207) For the purposes of NRS 636.206 and 636.207, the Board will interpret “malpractice” to include, without limitation, professional negligence.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
NAC 636.079 Renewal of license or certificate: Application; effective date of renewal. (NRS 636.125, 636.250, 636.260)
1. An application for the renewal of a license or certificate must be in the form prescribed by the Board. The application must be accompanied by the fees required by NAC 636.091.
2. The renewal of a license or certificate pursuant to NRS 636.250 or 636.2899 is effective on the date on which a complete application containing all required materials and fees is postmarked or received electronically by the Executive Director.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.082 Renewal of license: Continuing education. (NRS 636.125, 636.260, 636.2881)
1. Except as otherwise provided in subsection 2, a licensee must complete at least 40 hours of continuing education during the 2 years immediately preceding the date on which a license is required to be renewed. Not more than 5 hours of the required continuing education may be in the subject of practice management.
2. A licensee who is certified to administer and prescribe pharmaceutical agents must complete at least 50 hours of continuing education during the 2 years immediately preceding the date on which a license must be renewed. At least 30 hours of the required continuing education must be related to pharmaceutical agents or disease. Not more than 10 hours of the required continuing education may be in the subject of practice management.
3. A licensee who is subject to the requirements of NRS 636.2881 may count the continuing education required by that section as part of the 30 hours of continuing education relating to pharmaceutical agents or disease required by subsection 2.
4. Continuing education may be completed in person, asynchronously over the Internet or by correspondence or asynchronous videoconference. For continuing education that is not completed in person, the licensee must submit proof that he or she received a score of at least 70 percent on the examination for the course. As used in this subsection, “in person” includes a course of continuing education completed synchronously over the Internet or by videoconference.
5. Continuing education will be awarded in 15 minute increments. Instruction time must be rounded to the nearest 15 minutes, except that 50 minutes or more of instruction may be rounded up to the nearest hour. A licensee may not receive credit for more than 10 hours of continuing education during any 24-hour period.
6. The Board will approve continuing education in appropriate subjects that is provided or approved by:
(a) A school of optometry approved by the Accreditation Council on Optometric Education, or its successor organization;
(b) A regional, state or national optometric association;
(c) The Council on Optometric Practitioner Education, or its successor organization;
(d) For continuing education completed to satisfy the requirements of NRS 636.2881 or subsection 6 of NRS 636.338, the American Medical Association, or its successor organization, as Category 1 ophthalmology-specific continuing medical education; or
(e) Any ophthalmology residency program that is affiliated with an accredited medical school.
7. The Board will approve continuing education not described in subsection 6 if:
(a) The provider of the continuing education submits to the Board a course syllabus or program and the name of the licensee who will complete the course before the date on which the continuing education is provided or the licensee includes the continuing education on the form for proof of completion of continuing education submitted pursuant to NRS 636.260; and
(b) The Board determines that the training is appropriately rigorous, is provided by a qualified provider and concerns an appropriate subject.
8. The Board will notify a licensee if continuing education submitted for approval pursuant to subsection 7 is not approved.
9. A licensee shall not submit the form for proof of completion of continuing education pursuant to NRS 636.260 until all continuing education required by subsection 1 or 2, as applicable, has been completed.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022; A by R101-24, 9-16-2024; R007-25, 10-29-2025)
NAC 636.085 Application for permit to provide services for health maintenance organization. (NRS 636.125, 636.347) An applicant for a permit to be employed by or contract with a health maintenance organization to provide services therefor must submit to the Board:
1. Evidence that the applicant is a licensed optometrist in this State;
2. A copy of the agreement for employment or contract and all renewals or extensions thereof;
3. A copy of the certificate of authority of the health maintenance organization issued pursuant to chapter 695C of NRS; and
4. Evidence that nothing contained in the applicant’s agreement for employment or contract requires him or her to violate any of the provisions of chapter 636 of NRS or this chapter.
(Added to NAC by Bd. of Optometry, eff. 3-6-86)
NAC 636.091 Fees. (NRS 636.125, 636.143, 636.150, 636.206, 636.207, 636.260, 636.287, 636.2893, 636.2899, 636.350) The Board will charge and collect:
1. For an initial application for a license by an applicant who is not a veteran:
(a) A nonrefundable fee in the amount of $75; and
(b) A fee in the amount of $93.75 for each calendar quarter or portion thereof remaining in the biennial licensing period until the renewal date prescribed by NRS 636.265. The Board will refund the fee paid by an applicant pursuant to this paragraph if the Board does not issue a license to the applicant. Such a refund must not include a convenience fee charged pursuant to NRS 622.233.
2. For an initial application for a license by an applicant who is a veteran:
(a) A nonrefundable fee in the amount of $75; and
(b) A fee in the amount of $62.50 for each calendar quarter or portion thereof remaining in the biennial licensing period until the renewal date prescribed by NRS 636.265. The Board will refund the fee paid by an applicant pursuant to this paragraph if the Board does not issue a license to the applicant. Such a refund must not include a convenience fee charged pursuant to NRS 622.233.
3. For an initial application for a license by endorsement by an applicant, including, without limitation, an applicant who is a veteran:
(a) A nonrefundable fee in the amount of $75; and
(b) A fee in the amount of $465. The Board will refund the fee paid by an applicant pursuant to this paragraph if the Board does not issue a license to the applicant. Such a refund must not include a convenience fee charged pursuant to NRS 622.233.
4. For a certificate to own or operate a mobile optometry clinic:
(a) A nonrefundable fee in the amount of $75; and
(b) A fee in the amount of $93.75 for each calendar quarter or portion thereof remaining in the biennial licensing period until the renewal date prescribed by NRS 636.2899. The Board will refund the fee paid by an applicant pursuant to this paragraph if the Board does not issue a certificate to own or operate a mobile optometry clinic to the applicant. Such a refund must not include a convenience fee charged pursuant to NRS 622.233.
5. The following nonrefundable fees:
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(a) Initial application for a certificate to administer and prescribe pharmaceutical agents........................................................................................................................................... $75 |
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(b) Initial application for or biennial renewal of a certificate as a substitute optometrist................................................................................................................................. $200 |
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(c) Initial application for a certificate to treat a person diagnosed with glaucoma, including, without limitation, a certificate by endorsement...................................................... $175 |
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(d) Biennial renewal of active license with one practice location....................................... $900 |
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(e) Biennial renewal of inactive license.............................................................................. $550 |
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(f) Biennial renewal of a certificate to own or operate a mobile optometry clinic.............. $600 |
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(g) Late fee for restoration of license suspended pursuant to NRS 636.275....................... $500 |
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(h) Activation of inactive license......................................................................................... $350 |
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(i) Addition of a practice location associated with a license............................................... $200 |
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(j) Biennial renewal fee, in addition to the fee prescribed in paragraph (d), for each practice location in addition to the licensee’s primary practice location.................................. $200 |
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(k) Registration of assumed or fictitious name...................................................................... $50 per practice location |
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(l) Change of practice location or change of address............................................................ $25 |
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(m) Letter of good standing................................................................................................... $25 |
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(n) Replacement license or certificate................................................................................... $75 |
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(o) Replacement renewal card issued pursuant to NRS 636.265........................................... $25 |
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(p) Legal name change if requested at a time other than at license renewal....................... $100 |
6. As used in this section, “convenience fee” has the meaning ascribed to it in NRS 622.233.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022; A by R101-24, 9-16-2024; R049-25, 10-30-2025)
ADVERTISING
NAC 636.115 Manner in which optometrist who is certified to administer and prescribe pharmaceutical agents may represent himself or herself to public. (NRS 636.125, 636.287, 636.302, 636.380) An optometrist who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288:
1. May represent himself or herself to the public as:
(a) Certified in the treatment of ocular disease;
(b) Board certified in the treatment of ocular disease;
(c) Board certified in the treatment and management of ocular disease; or
(d) Certified in the treatment and management of ocular disease.
2. May not, when referring to his or her certification, represent himself or herself to the public in any manner other than the exact designations set forth in subsection 1.
(Added to NAC by Bd. of Optometry by R059-97, eff. 1-22-98; A by R066-19, 10-24-2022)
NAC 636.120 Representation of professional designation; abbreviations. (NRS 636.125, 636.302, 636.380)
1. An optometrist may represent his or her professional designation as:
(a) Optometrist;
(b) O.D.;
(c) OD;
(d) Doctor of Optometry;
(e) Dr. of Optometry; or
(f) Another designation approved by the Board that the Board determines is not misleading.
2. No abbreviation may be used for any of the information required by NAC 636.140 to 636.200, inclusive, except abbreviations approved in writing by the Board.
[Bd. of Optometry, § I subsec. I, eff. 5-26-78]—(NAC A 12-1-86; 8-4-94; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.140 Printed and electronic advertisements. (NRS 636.125, 636.302, 636.380)
1. Any printed or electronic advertisement for an optometrist licensed to practice in this State or an ophthalmic product offered by an optometrist must contain:
(a) The last name of the optometrist, as it appears on his or her license, and his or her professional designation; or
(b) The assumed or fictitious name registered with the Board by the optometrist pursuant to NRS 636.350.
2. Any disclaimer in a printed or electronic advertisement for an optometrist or an ophthalmic product offered by an optometrist must be printed in such a manner as to allow a reasonable person to read and understand it.
3. A printed or electronic advertisement for the services of an optometrist or an ophthalmic product offered by an optometrist must be presented in a manner that is clearly separate from any advertisement paid for or produced by a person who is not licensed to practice optometry.
[Bd. of Optometry, § I subsec. B, eff. 5-26-78]—(NAC A 12-1-86; 1-24-96; R066-19, 10-24-2022)
NAC 636.142 Broadcast advertisements. (NRS 636.125, 636.302, 636.380)
1. Any broadcast advertisement placed by an optometrist licensed to practice in this State must include a statement of:
(a) The last name of the optometrist as it appears on his or her license and his or her professional designation; or
(b) The assumed or fictitious name registered with the Board by the optometrist pursuant to NRS 636.350.
2. Any disclaimer in a broadcast advertisement placed by an optometrist must be displayed or communicated in such a manner that a reasonable person would have the opportunity to read or hear and understand it.
3. A broadcast advertisement placed by an optometrist must be clearly separate from any advertisement paid for or produced by an unlicensed entity.
(Added to NAC by Bd. of Optometry, eff. 1-24-96; A by R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.145 Symbols and logos for advertising. (NRS 636.125, 636.302, 636.380) A licensee may use a symbol or logo for advertising only if it is:
1. Displayed with:
(a) The last name of the licensee as it appears on his or her license and the professional identification of the licensee; or
(b) The assumed or fictitious name registered with the Board by the licensee pursuant to NRS 636.350; and
2. Printed no more prominently than the last name and professional designation or the assumed or fictitious name, as applicable, of the licensee.
(Added to NAC by Bd. of Optometry, eff. 8-4-94; A by R066-19, 10-24-2022)
NAC 636.150 Ophthalmic products. (NRS 636.125, 636.302, 636.380)
1. Advertising of an ophthalmic product or device must include, without limitation, a statement whether the price or discounted price includes an examination of the eyes.
2. If advertising of an ophthalmic product or device is printed or electronic, the statement described in subsection 1 must be printed as prominently as the words promoting the product.
[Bd. of Optometry, § I subsec. C, eff. 5-26-78]—(NAC A 12-1-86; 8-4-94; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.160 Spectacle lenses. (NRS 636.125, 636.302, 636.380) In addition to the statement required by NAC 636.150, the advertising of spectacle lenses must include the following information:
1. If applicable, a statement that the price for advertised lenses may vary depending upon the purchaser’s specific prescription.
2. A statement that the advertised lenses are:
(a) Glass or plastic, single vision, bifocal, trifocal or progressive; or
(b) Occupational or aphakic.
[Bd. of Optometry, § I subsec. D, eff. 5-26-78]—(NAC A 12-1-86; 8-4-94; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.170 Contact lenses. (NRS 636.125, 636.302, 636.380)
1. In addition to the statement required by NAC 636.150, the advertising of contact lenses must include the following information:
(a) A statement that the advertised lenses are hard or soft, daily or extended wear, or gas permeable.
(b) A statement that the advertised lenses are single vision or multifocal.
(c) A statement whether the price or discounted price advertised includes all the required accessories and fees for any required fitting or evaluation.
2. Contact lenses received from a manufacturer in a package containing multiple lenses of the same prescription that are intended to be used as scheduled replacements or as disposable lenses may not be advertised for sale or sold:
(a) As permanent lenses; or
(b) For use according to a replacement schedule that differs from the replacement schedule indicated by the United States Food and Drug Administration or the manufacturer of the contact lens.
[Bd. of Optometry, § I subsec. E, eff. 5-26-78]—(NAC A 12-1-86; 8-4-94; 1-24-96; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.190 Examinations and tests. (NRS 636.125, 636.302, 636.380) An advertisement of an optometric examination, eye examination, vision examination, eye test or vision test must include a specific disclaimer if any of the following services are not included:
1. The documentation of the primary reason for which the examination is conducted.
2. A review of the medical history and ocular history of both the patient and his or her immediate family.
3. A review of medications used by the patient.
4. A review of any allergies of the patient.
5. A review of documentation identifying the primary care provider of the patient.
6. General medical observations, including, without limitation, neurological and psychological orientation.
7. A measurement of eye pressure.
8. An assessment of gross, confrontation or formal visual fields.
9. A basic sensorimotor examination.
10. A complete pupillary assessment, including, without limitation, an examination of the presence of an afferent pupillary defect.
11. Eye alignment.
12. An assessment of visual acuities.
13. Keratometry or autokeratometry.
14. Anterior examination using a slit beam and magnification, as through a biomicroscope slit-lamp to include, without limitation, ocular adnexa, eyelid, eyelashes, conjunctiva, pupil, cornea, anterior chamber and lens.
15. A manifest or subjective refraction.
16. A dilated fundus examination.
[Bd. of Optometry, § I subsec. H, eff. 5-26-78]—(NAC A 12-1-86; 1-24-96; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.200 Disclosure of dispensing fees. (NRS 636.125, 636.302, 636.380) If a dispensing fee is required for delivery of frames or lenses, whether ophthalmic or contact, the amount of the fee must be printed in type of no smaller size than is used for the advertised price.
[Bd. of Optometry, § I subsec. G, eff. 5-26-78]
PROFESSIONAL CONDUCT
NAC 636.210 Restrictions on use of name and place of practice; representation as specialist without certification; required display of license and availability of renewal card; practice as substitute optometrist; employer responsible for unprofessional conduct of employee. (NRS 636.125, 636.346, 636.350, 636.360)
1. An optometrist shall not:
(a) Own any part of an office where optometry is practiced under any name other than the name on his or her license or a fictitious or assumed name registered with the Board pursuant to NRS 636.350.
(b) Represent himself or herself as a specialist in any optometric field unless he or she has been certified by a board for certifying specialties approved by the Nevada State Board of Optometry.
(c) Practice optometry at an office that is not registered with the Board or a mobile optometry clinic that is not certified by the Board.
2. An optometrist shall:
(a) Display his or her license or a duplicate of his or her license to practice optometry at each office in which he or she practices optometry or has an ownership interest; and
(b) Make his or her current renewal card or a copy of his or her current renewal card available to a patient or an employee of the Board upon request.
3. Except as otherwise provided in this subsection, an optometrist may practice optometry as a substitute optometrist at an office that is not registered with the Board as a practice location of the optometrist but is registered with the Board by another licensed optometrist for:
(a) Not more than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, if the optometrist notifies the Board in writing of the day and place of such practice at least 24 hours before the optometrist practices optometry at any such place. If the optometrist is not able to notify the Board within the prescribed period because of an emergency, he or she shall notify the Board as soon as possible.
(b) More than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, if he or she obtains from the Board a certificate as a substitute optometrist. An optometrist who wishes to obtain such a certificate must apply to the Board in the form prescribed by the Board. Such a certificate must be renewed before the date by which the license of the optometrist must be renewed pursuant to NRS 636.250. A substitute optometrist shall not practice optometry for more than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, at any single location that is not registered as a practice location of the optometrist unless the substitute optometrist is practicing as part of a mobile optometry clinic certified pursuant to NRS 636.2899.
4. An optometrist who employs another optometrist or a technician, assistant or any other employee on a temporary or permanent basis may be subject to disciplinary action for any violation of this chapter or chapter 636 of NRS, including, without limitation, for unprofessional conduct, by the optometrist, technician, assistant or other employee that he or she employs which takes place during the performance of services pursuant to such employment.
5. An optometrist has the ultimate responsibility for:
(a) The conduct, treatment, acts and omissions of an employee of the optometrist when the employee is acting within the scope of his or her employment; and
(b) The care of each patient of the optometrist.
6. For the purposes of this section, practicing at a location for any portion of a day constitutes practicing at that location for 1 working day.
[Bd. of Optometry, § II subsec. 2, eff. 5-26-78]—(NAC A 3-6-86; 5-27-92; 10-5-93; R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.215 Certificate of registration to own any portion of practice under assumed or fictitious name. (NRS 636.125, 636.350)
1. An optometrist shall not own any portion of an optometry practice under an assumed or fictitious name, including, without limitation, a name stating that he or she is “doing business as” followed by another name, unless he or she has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name at the office where the optometrist practices pursuant to NRS 636.350.
2. Before a licensee may own any portion of an optometry practice under an assumed or fictitious name, the licensee must submit a completed application for a certificate of registration of the assumed or fictitious name on a form provided by the Board. A separate application must be submitted for each location at which the assumed or fictitious name will be used. The application must:
(a) List each person who holds any ownership interest in the optometry practice and the percentage of the optometry practice that he or she owns; and
(b) Be accompanied by documentation from each appropriate local governmental entity that issues business licenses or registers assumed or fictitious names for the county in which the optometrist proposes to own any portion of an optometry practice under the assumed or fictitious name, which verifies the local governmental entity has approved the use of the assumed or fictitious name by the licensee.
3. The Board will not approve an application for a certificate of registration to own any portion of an optometry practice under an assumed or fictitious name which:
(a) Contains any reference to price or cost;
(b) Contains any reference to “superiority,” “better” or “best”;
(c) Contains the word “physician”; or
(d) Is in violation of any provision of this chapter or chapter 636 of NRS.
4. If a licensee practices under a fictitious or assumed name at a medical or surgical facility, the assumed or fictitious name must include the professional designation of the licensee.
5. Not later than 90 calendar days after any percentage of the ownership of an optometry practice for which a fictitious or assumed name is registered changes, the licensee to whom the fictitious or assumed name is registered must submit a new application for the registration of the assumed or fictitious name.
6. If a licensee uses or displays an assumed or fictitious name in any manner or medium before receiving a certificate of registration to practice optometry under an assumed or fictitious name from the Board, the optometrist:
(a) Shall, upon receipt of written notice from the Board, immediately cease using the assumed or fictitious name; and
(b) Is subject to an administrative fine imposed pursuant to NRS 636.420.
(Added to NAC by Bd. of Optometry by R126-99, eff. 12-13-99; A by R066-19, 10-24-2022; R101-24, 9-16-2024)
NAC 636.220 Employment of unlicensed persons for certain services. (NRS 636.125, 636.300, 636.346) Except as authorized by NRS 636.346, a licensee shall not employ, either directly or indirectly, an unlicensed person to perform any services for which an optometrist’s license is required by law.
[Bd. of Optometry, § II subsec. 1, eff. 5-26-78]—(NAC A by R066-19, 10-24-2022)
NAC 636.230 Compliance with provisions of laws, ordinances and regulations relating to optometry. (NRS 636.125, 636.295) For the purposes of NRS 636.295, the Board will consider the failure of a licensee to comply with any provision of a federal, state or local law, ordinance or regulation relating to the provision of optometric services, including, without limitation, any provision of this chapter or chapter 636 of NRS, to constitute unprofessional conduct.
(Added to NAC by Bd. of Optometry, eff. 5-27-92; A 8-4-94; R066-19, 10-24-2022)
NAC 636.240 Agreements to lease between licensees and unlicensed persons. (NRS 636.125, 636.372) Except as otherwise provided in NRS 636.347, an agreement between a licensee and a person who is not licensed pursuant to the provisions of chapter 636 of NRS for the leasing of a building or a part thereof for use in the licensee’s practice must not include a provision that:
1. Authorizes the person who is not licensed to exercise control over the operation of the licensee’s practice or his or her employees in violation of the provisions of chapter 636 of NRS.
2. Authorizes the person who is not licensed to share in the profits of the licensee’s practice in violation of the provisions of chapter 636 of NRS.
3. Authorizes the person who is not licensed to have access to the medical records of the licensee’s patients.
4. Authorizes the licensee to locate his or her office in a part of the building where the person who is not licensed conducts business without providing a clear separation between the licensee’s office and the business of the person who is not licensed.
5. Prohibits the licensee from having access to his or her office, equipment or records at any time.
6. Except as otherwise provided in NRS 636.372, authorizes or requires the amount of rent to be determined on any basis other than the fair rental value of the premises to be leased and any equipment to be leased.
7. Violates any provision of NRS or NAC which relates to the practice of optometry.
(Added to NAC by Bd. of Optometry, eff. 8-4-94; A by R066-19, 10-24-2022)
NAC 636.245 Formation of association or other business relationship with unlicensed persons. (NRS 636.125, 636.373)
1. An optometrist may form an association or other business relationship with a person, other than a physician, who is not licensed to practice optometry to perform duties concerning the operation of the business. Such duties must be limited to duties concerning the operation of the business and may include, without limitation, performing services related to payroll, human resources, real estate, regulatory matters not related to health care, banking, accounting, administration of benefits, marketing, merchandising, occupancy, accounts payable, accounts receivable, supply chain management, business development, business administration, labor, compliance with applicable laws and regulations, purchasing and medical billing.
2. An optometrist who forms an association or other business relationship with a person who is not licensed to practice optometry, including, without limitation, a physician pursuant to NRS 636.373 or a person pursuant to subsection 1, shall:
(a) Comply with any applicable requirements of the Internal Revenue Service;
(b) Maintain organizational and financial independence from the person who is not licensed to practice optometry and ensure that the person who is not licensed to practice optometry does not directly or indirectly control, dictate or influence the professional judgment of the practice of optometry by the optometrist, including, without limitation, the professional judgment of the optometrist concerning:
(1) Clinical decisions;
(2) Scheduling of patients;
(3) Any decision concerning scope of practice or use of facilities, equipment or drugs; or
(4) Any other decision concerning the provision of care to a patient or the outcome of any treatment or other service provided to a patient; and
(c) Ensure that any advertising, marketing and promotional materials accurately portray the position of the optometrist within the association or business relationship, including, without limitation, whether the practice of the optometrist is included within any assumed or fictitious name used by the association or other business relationship.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022; A by R008-25, 10-29-2025)
NAC 636.250 Separation between office of optometry and other businesses required; prohibited relationships with unlicensed persons. (NRS 636.125, 636.300)
1. A licensee who locates his or her office in a part of a building where a person who is not licensed pursuant to the provisions of chapter 636 of NRS conducts business shall:
(a) Construct and maintain a partition or wall in such a manner as to ensure a clear separation between his or her office and the business of the person who is not licensed; and
(b) Maintain a separate reception area, cash drawer, scheduling system, staff, computerized system and physical space from those of the business of the person who is not licensed.
2. A licensee shall not:
(a) Use legal representation paid for or arranged by a person who is not licensed pursuant to the provisions of chapter 636 of NRS in any proceeding before the Board concerning the business relationship between the licensee and other person; or
(b) Except as otherwise authorized by NRS 636.347, serve as an employee or independent contractor of any person who is not licensed to practice optometry.
(Added to NAC by Bd. of Optometry, eff. 8-4-94; A by R066-19, 10-24-2022)
NAC 636.255 Ownership of patient records. (NRS 636.125) If an optometrist provides services as an employee, the records relating to the patient who receives those services belong to the employer of the optometrist. In all other cases, those records belong to the optometrist.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.260 Restrictions on and required disclosure of fees charged in connection with implantation of premium intraocular lenses. (NRS 636.125)
1. An optometrist shall not charge a patient or receive a fixed fee pursuant to NRS 636.374 for a multifocal, toric or other premium intraocular lens in an amount that exceeds the fixed fee that the optometrist charges or receives pursuant to NRS 636.374 for a standard intraocular lens.
2. An optometrist shall provide written notice to a patient of any fees for tests or procedures performed in connection with the implantation of a multifocal, toric or other premium intraocular lens that are not included in the fixed fee described in subsection 1. The written notice must include, without limitation, disclosure of the fair market value of the fees or tests.
3. An optometrist may collect any fees described in subsection 2 by:
(a) Directly billing the patient for those fees; or
(b) Requiring the patient to pay the fees to an ophthalmologist with whom the optometrist collaborates pursuant to NRS 636.374.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
CERTIFICATE TO OWN OR OPERATE MOBILE OPTOMETRY CLINIC
NAC 636.270 “Medically underserved group” and “mobile optometry clinic” interpreted. (NRS 636.125, 636.2899) As used in NRS 636.2899:
1. “Medically underserved group” means a population that:
(a) Has been designated as a medically underserved population by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254c; or
(b) Resides in an area that has been designated as a health professional shortage area with a score of 13 or above by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254e.
2. “Mobile optometry clinic” means an optometrist moving optometric instruments or equipment to a location, other than a building with fixed equipment and instruments, maintained for practicing optometry under the conditions described in NRS 636.2899. The term:
(a) Includes, without limitation, a vehicle in which an optometrist provides optometric services.
(b) Does not include an optometrist practicing in different buildings which each have fixed equipment and instruments maintained for practicing optometry or providing optometric services under conditions other than those described in NRS 636.2899.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.275 Application for issuance or renewal of certificate to operate; records. (NRS 636.125, 636.2899)
1. An application for the issuance or renewal of a certificate to own or operate a mobile optometry clinic must include, without limitation, a physical address associated with the mobile optometry clinic.
2. If a licensee provides services for a mobile optometry clinic that is not operated by the licensee, the records of the patients whom the licensee treats shall be deemed to be the records of the licensee and are not the records of the mobile optometry clinic.
3. A licensee who provides services for a mobile optometry clinic shall maintain a record of the dates and locations at which the services are provided and retain the record in accordance with NRS 629.051.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
TREATMENT OF GLAUCOMA
NAC 636.280 Requirements for certification. (NRS 636.125, 636.2893) To receive a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895, an optometrist:
1. Must be licensed and in good standing to practice optometry in the State of Nevada.
2. Must possess a valid certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288.
3. Must have successfully passed the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry or its successor organization.
4. Shall submit proof on a written form provided by the Executive Director of the Board that the optometrist has treated at least 15 persons described in subsection 3 of NRS 636.2893. The form must include:
(a) The name, address and license number of the optometrist;
(b) An identifier for each patient treated, the date on which the treatment for each patient began and a description of the treatment plan which, for each patient, must be not less than 1 year in length beginning not earlier than October 1, 1999;
(c) A statement that the optometrist has, in consultation with an ophthalmologist licensed in the State of Nevada, the District of Columbia or any other state or territory of the United States, treated the patients in accordance with the provisions of this chapter and chapter 636 of NRS;
(d) A statement that the consulting ophthalmologist has diagnosed the patients with glaucoma or confirmed a diagnosis of glaucoma by the optometrist; and
(e) The signatures of the optometrist, the consulting ophthalmologist and, except as otherwise provided in this paragraph, a notary public attesting to the accuracy of the information. An optometrist may submit with the form an unsworn declaration in accordance with NRS 53.045 to declare under penalty of perjury that the information is accurate in lieu of the signature on the form of a notary public attesting to the accuracy of the information.
(Added to NAC by Bd. of Optometry by R126-99, eff. 12-13-99; A by R066-19, 10-24-2022; R056-25, 2-27-2026)
NAC 636.285 Requirements for certification by endorsement. (NRS 636.125, 636.2897) In addition to meeting the requirements prescribed by NRS 636.2897, an applicant for a certificate by endorsement to treat a person diagnosed with glaucoma must:
1. Be licensed and in good standing to practice optometry in the State of Nevada.
2. Possess a valid certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.290 Consultation with and referral to ophthalmologist; establishment of course of treatment and periodic examinations of patient required; prohibition on treatment of certain patients; records. (NRS 636.125, 636.2891)
1. An optometrist who treats persons for glaucoma in consultation with an ophthalmologist pursuant to NRS 636.2891, 636.2893 and 636.2895 shall:
(a) Establish a course of treatment for each patient in accordance with the provisions of this section;
(b) Conduct at least three optometric examinations of each patient over a period of not less than 1 year at times set forth in the course of treatment;
(c) Provide written records of each examination of a patient and the treatment to the consulting ophthalmologist; and
(d) Refer the patient to an ophthalmologist for further examination or treatment if the ophthalmologist determines, after reviewing the written records, that such a referral is necessary.
2. Within 30 days after a consulting ophthalmologist receives the records of an optometric examination and a course of treatment from an optometrist, the consulting ophthalmologist shall notify the optometrist in writing as to whether the consulting ophthalmologist agrees to the course of treatment outlined by the optometrist.
3. During the period before an optometrist is certified to treat persons diagnosed with glaucoma, the optometrist shall not treat any patient found to have any of the conditions or complications set forth in NRS 636.2891 which require referral of such patients to an ophthalmologist.
4. The records of each patient created as a result of treatment provided by an optometrist in accordance with the provisions of this section and NRS 636.2891:
(a) Must be retained by the optometrist for not less than 5 years as required by NRS 629.051; and
(b) Are subject to examination by the Board.
(Added to NAC by Bd. of Optometry by R126-99, eff. 12-13-99; A by R045-15, 6-28-2016)
DISCIPLINARY AND OTHER ACTIONS
NAC 636.305 Reporting to Board of certain occurrences relating to potential misconduct; review of report and investigation. (NRS 636.125)
1. A licensee or applicant for a license shall report to the Board not later than 30 days after:
(a) Being charged with or convicted of a crime, other than a minor traffic violation, in this State, any other state, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a foreign country or by the Federal Government or a branch of the Armed Forces of the United States;
(b) Any disciplinary action is taken against the licensee or applicant by a licensing authority in this State, any other state, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a foreign country;
(c) The initial service of process in a civil action relating to the practice of optometry against the licensee or applicant, the optometry practice or business of the licensee or applicant or any assumed or fictitious name registered with the Board under which the licensee or applicant practices optometry in a federal court or court of this State, any other state, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a foreign country; or
(d) An extended order for protection against domestic violence is issued against the licensee pursuant to NRS 33.020 or a similar statute in any other state, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a foreign country.
2. The Executive Director or his or her designee will review a report made pursuant to subsection 1 and conduct any investigation he or she determines is necessary to ascertain the facts concerning the incident described in the report. Such an investigation may include, without limitation, requiring the licensee or applicant to provide information concerning the incident.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022; A by R101-24, 9-16-2024)
NAC 636.315 Complaints and disciplinary hearings against certain persons who are no longer licensed. (NRS 636.125, 636.305, 636.325, 636.338) If the Board determines that proper grounds exist, the Board may investigate a complaint, issue a formal complaint or conduct a disciplinary hearing against a person who has voluntarily:
1. Surrendered his or her license;
2. Failed to renew his or her license; or
3. Retired from the practice of optometry.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
NAC 636.325 Summary suspension of license; grounds for issuance of order; effect of order; service of order and related notices. (NRS 636.125, 636.3395)
1. The Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct an investigation or the member of the Board who conducted an investigation may issue an order to summarily suspend the license of a licensee pursuant to NRS 636.3395 if, after an investigation, the Board, the President of the Board, the presiding officer of the investigative committee or the member of the Board determines that:
(a) The licensee has violated a provision of this chapter or chapter 636 of NRS;
(b) The summary suspension of the license is necessary to prevent a further violation of this chapter or chapter 636 of NRS; and
(c) The public health, safety or welfare imperatively requires the summary suspension of the license.
2. An order summarily suspending a license:
(a) Must:
(1) Comply with the applicable provisions of NRS 233B.127; and
(2) Set forth the grounds upon which the order is issued, including a statement of facts;
(b) Is effective upon service on the licensee or the licensee’s attorney of record of the order and complaint; and
(c) Remains in effect until the Board:
(1) Modifies or rescinds the order;
(2) Issues its final order or decision on the underlying complaint; or
(3) Is required to reinstate the license of the licensee pursuant to NRS 636.3395.
3. Upon service on the licensee or the licensee’s attorney of record of an order summarily suspending the license of the licensee, the provisions of subsection 3 of NRS 636.375 apply to any further notices related to that suspension.
(Added to NAC by Bd. of Optometry by R056-25, eff. 2-27-2026)
NAC 636.335 Factors to be considered by Board in imposing disciplinary action or sanction. (NRS 636.125, 636.290, 636.325)
1. In imposing disciplinary action or sanctions, the Board will consider the following factors:
(a) Whether the licensee has violated a duty owed to a patient, to the public or to the profession;
(b) Whether the licensee acted intentionally, knowingly or negligently;
(c) The amount of the actual or potential injury caused by the misconduct of the licensee; and
(d) The existence of any aggravating or mitigating factors.
2. Using the factors set forth in paragraphs (a), (b) and (c) of subsection 1, the Board will determine a baseline or presumptive sanction. The Board may then consider any aggravating or mitigating factors to increase or decrease the sanction.
3. Aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive:
(a) Previous disciplinary offenses;
(b) Dishonest or selfish motive;
(c) A pattern of misconduct;
(d) Multiple offenses;
(e) Bad faith obstruction of the disciplinary proceedings by intentionally failing to comply with rules or orders;
(f) Submission of false evidence, false statements or other deceptive practices during the disciplinary hearing;
(g) Refusal to acknowledge the wrongful nature of the conduct;
(h) Vulnerability of the victim;
(i) Substantial experience in the practice of optometry;
(j) Indifference to making restitution; and
(k) Illegal conduct, including conduct that involves the use of controlled substances.
4. Mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive:
(a) Absence of a previous disciplinary record;
(b) Absence of a dishonest or selfish motive;
(c) Personal or emotional problems;
(d) Timely and good faith effort to make restitution or to rectify the consequences of the misconduct;
(e) Full and free disclosure to the disciplinary authority or a cooperative attitude toward proceeding;
(f) Inexperience in the practice of optometry;
(g) Character or reputation;
(h) The licensee is a person with a physical disability;
(i) The licensee is a person with a mental illness or with an alcohol or other substance use disorder when:
(1) There is medical evidence that the licensee is a person with a mental illness or with an alcohol or other substance use disorder;
(2) The mental illness or alcohol or other substance use disorder caused the misconduct;
(3) The recovery of the licensee from the condition creating the mental illness or from the alcohol or other substance use disorder is demonstrated by a meaningful and sustained period of successful rehabilitation; and
(4) The recovery arrested the misconduct and recurrence of that misconduct is unlikely;
(j) Delay in disciplinary proceedings;
(k) Interim rehabilitation;
(l) Imposition of other penalties or sanctions;
(m) Remorse; and
(n) Remoteness of previous offenses.
5. Factors that should not be considered as either aggravating or mitigating include, without limitation:
(a) Forced or compelled restitution;
(b) Agreeing to the demand of a patient for improper behavior;
(c) Withdrawal of a public complaint against the licensee;
(d) Resignation before the completion of disciplinary proceedings;
(e) Any recommendation by the complainant or aggrieved patient as to sanction; and
(f) The failure of a complainant or an aggrieved patient to complain.
(Added to NAC by Bd. of Optometry by R056-25, eff. 2-27-2026)
PRACTICE BEFORE THE NEVADA STATE BOARD OF OPTOMETRY
NAC 636.380 Service upon attorney. (NRS 636.125, 636.375) Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders must be served upon the attorney in the manner prescribed by NRS 636.375 and such service is effective for all purposes upon the party represented by the attorney.
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022)
NAC 636.385 Proof of service. (NRS 636.125) There will appear on all documents required to be served by the Board, other than decisions or orders, an acknowledgment of service or the following certificate:
I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy in person to .....................................) (by mailing a copy, properly addressed, with postage prepaid, to .....................................) (by sending a copy by electronic mail, properly addressed to the person at the electronic mail address on file with the Board, to .........................................................)
Dated at .............................. this ........ day of the month of .................... of the year ........
.......................................................................
Signature
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022)—(Substituted in revision for NAC 636.480)
NAC 636.395 Decision on motions. (NRS 622A.360, 622A.390, 636.125) The President of the Board or, in the absence of the President, the Vice President of the Board, if any, may decide any motion listed in NRS 622A.360 or 622A.390. If the President or Vice President, as applicable, determines that it is most appropriate for the Board to decide the motion, the President or Vice President, as applicable, may decline to decide the motion. When so declined, the Board will schedule a meeting to decide the motion in a timely manner.
(Added to NAC by Bd. of Optometry by R066-19, eff. 10-24-2022)
NAC 636.400 Conduct before Board. (NRS 636.125) A party to a proceeding before the Board, an attorney appearing on behalf of a party or any other person in attendance at such a proceeding shall conduct himself or herself in a respectful manner.
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022)
NAC 636.405 Official notice; adverse decision or order without proof of actual injury. (NRS 636.125, 636.325, 636.338)
1. 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 of records of the Board, and any regulatory agency of the State of Nevada, any other state, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States or any court of record.
2. The Board may enter a decision or order adverse to a party in a disciplinary hearing without proof being established at the hearing that a person was actually injured by the conduct of that party if the conduct of the party is grounds for disciplinary action under NRS 636.295.
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022; R101-24, 9-16-2024)—(Substituted in revision for NAC 636.600)
NAC 636.415 Petitions for declaratory orders and advisory opinions. (NRS 636.125)
1. The Board will consider petitions for declaratory orders or advisory opinions relating to the applicability of any statutory provision, regulation or decision of the Board.
2. A petition for a declaratory order or advisory opinion must be in writing using the form prescribed by the Board.
3. Upon submission of a petition for a declaratory order or advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board. If the petition is received within 30 days before the next regularly scheduled meeting of the Board, the Board may place the matter on the agenda for discussion at the meeting immediately following that meeting.
4. If a petition for a declaratory order or advisory opinion is placed on the agenda for discussion at a meeting of the Board, the Board will consider any information relevant to the petition at that meeting. Such information may include, without limitation, oral or written testimony. After considering such information, the Board will grant or deny the petition.
5. If the Board denies a petition, no further action will be taken. If the Board grants a petition, the Board will issue the declaratory order or advisory opinion at its next regular meeting. The petitioner shall comply with the declaratory order or advisory opinion.
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022)—(Substituted in revision for NAC 636.650)
NAC 636.425 Petitions requesting adoption, amendment or repeal of regulations. (NRS 636.125)
1. A petition requesting the adoption, amendment or repeal of any regulation must be in writing using the format of a form prescribed by the Board and must include, without limitation:
(a) The name and address of the petitioner;
(b) The reason for the petition;
(c) The language that the petitioner is proposing to adopt, amend or repeal;
(d) The statutory authority for the proposed adoption, amendment or repeal; and
(e) Any relevant information or argument in support of the petition.
2. The Board may refuse to act on a petition that does not include the information required by subsection 1.
3. Except as otherwise provided in subsection 2, within 30 days of the submission of the petition, the Board will:
(a) Notify the petitioner of its decision to grant or deny the petition; and
(b) If the Board grants the petition, initiate proceedings in accordance with NRS 233B.060.
(Added to NAC by Bd. of Optometry, eff. 5-2-88; A by R066-19, 10-24-2022)—(Substituted in revision for NAC 636.660)
NAC 636.480 Proof of service. [Replaced in revision by NAC 636.385.]
NAC 636.600 Official notice. [Replaced in revision by NAC 636.405.]
NAC 636.650 Petitions for declaratory orders and advisory opinions. [Replaced in revision by NAC 636.415.]
NAC 636.660 Petitions requesting adoption, amendment or repeal of regulations. [Replaced in revision by NAC 636.425.]
PRESCRIPTIONS
NAC 636.670 Contents. (NRS 636.125, 636.387)
1. A prescription for spectacle lenses must specify the refractive power necessary for best vision.
2. A prescription for polymethylmethacrylate (Hydrophobic) contact lenses must specify the base curve, diameter and refractive power of the lenses.
3. A prescription for rigid gas permeable contact lenses must:
(a) Specify the base curve, diameter and refractive power of the lenses;
(b) Specify the:
(1) Brand name or manufacturer and type of lens; or
(2) Actual materials desired; and
(c) State whether the prescription is for daily wear or for a stated maximum number of 24-hour periods.
4. A prescription for soft contact lenses must:
(a) Specify the base curve or equivalent, diameter and refractive power of the lenses;
(b) Specify the:
(1) Brand name and type of lens; or
(2) Actual materials desired; and
(c) State whether the prescription is for daily wear or for a stated maximum number of 24-hour periods.
(Added to NAC by Bd. of Optometry, eff. 6-15-90; A by R066-19, 10-24-2022; R101-24, 9-16-2024)—(Substituted in revision for NAC 636.720)
NAC 636.680 Additional requirements applicable to contact lenses. (NRS 636.125)
1. A copy of a prescription for a rigid gas permeable contact lens or soft contact lens issued by an optometrist must include the date on which the prescription expires and must be:
(a) Provided to the patient or an authorized agent of the patient, as required by 16 C.F.R. § 315.3; or
(b) Verified to an authorized agent of the patient, as required by 16 C.F.R. § 315.5.
2. An optometrist shall not release a prescription for a rigid gas permeable contact lens or soft contact lens to a patient, until the optometrist has:
(a) Conducted an initial evaluation of the fit of the lens on the eye of the patient;
(b) Conducted any follow-up examination that the optometrist deems medically necessary; and
(c) Determined that a successful fit has been achieved.
3. An optometrist shall not fail or refuse to provide all the information necessary to duplicate accurately a valid prescription for a rigid gas permeable contact lens or soft contact lens unless the optometrist maintains proper documentation of a sufficient clinical rationale.
4. Upon the release of a prescription for a rigid gas permeable contact lens or soft contact lens, no changes may be made in the brand or type of lens prescribed without the issuance of a new prescription. The brand name and type of the lens dispensed must be identical to the brand name and type of the lens prescribed. A new prescription to make changes in the brand or type of lens prescribed must not be issued unless an optometrist has completed any evaluations or examinations that the optometrist deems medically necessary for such changes.
5. After the release of a prescription for a rigid gas permeable contact lens or soft contact lens, the prescriber is not liable for any future changes in the fitting or dispensing of the lens by another source.
(Added to NAC by Bd. of Optometry by R215-03, eff. 4-23-2004; A by R066-19, 10-24-2022)
MISCELLANEOUS PROVISIONS
NAC 636.705 Optometric telemedicine and remote patient monitoring. (NRS 636.125, 636.394)
1. A licensee who is engaging in synchronous or asynchronous optometric telemedicine shall review records relating to the eye health of the patient immediately before or during the provision of health care services. Such records must include, without limitation, information obtained from the comprehensive examination conducted pursuant to subsection 2 or 3 of NRS 636.394, as applicable.
2. A licensee who is engaging in optometric telemedicine or remote patient monitoring may not issue a prescription for ophthalmic lenses without first performing a manifest refraction.
(Added to NAC by Bd. of Optometry by R101-24, eff. 9-16-2024)
NAC 636.710 Referral bureaus for optometrists. (NRS 636.125)
1. A licensee shall not permit himself or herself to be listed with a referral bureau for optometrists unless the bureau complies with the provisions of this chapter and chapter 636 of NRS.
2. A referral bureau shall maintain listings for at least five optometrists. None of these persons may have a business relationship with any of the others.
3. Unless there is a request for an optometrist who is located in a specific geographic area or is able to speak a certain language, all referrals by a referral bureau must be made on a rotating basis so that each optometrist listed with the bureau receives approximately the same number of referrals.
4. The telephone number of the referral bureau must not be the number of the office, residence or answering service of any optometrist listed with the bureau.
5. A record of each referral must be made by the bureau and maintained by it for at least 1 year after the referral is made. The record must include the date and time of the referral, the name and address of the person referred, and the name of the optometrist to whom the person was referred. The record must be made available upon request for inspection by any optometrist listed with the bureau or any representative of the Board.
(Added to NAC by Bd. of Optometry, eff. 6-15-90)
NAC 636.730 Certification to administer and prescribe pharmaceutical agents. (NRS 636.125, 636.287)
1. The Board shall provide a certificate to administer and prescribe pharmaceutical agents to each optometrist who:
(a) Is licensed to practice optometry in the State of Nevada and is in good standing.
(b) Has successfully completed the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry, or its successor organization. The Board must receive verification that the person successfully completed the examination from the testing agency.
2. On a separate form provided by the Executive Director, the named optometrist shall certify under penalty of perjury that he or she satisfies all of the other requirements for certification to administer and prescribe pharmaceutical agents.
(Added to NAC by Bd. of Optometry, eff. 3-28-96; A by R066-19, 10-24-2022; R056-25, 2-27-2026)