reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.301 - Unethical or unprofessional conduct: Division of fees or certain understandings or arrangements; exceptions.

The following acts, among others, constitute unethical or unprofessional conduct:
1. Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.
2. Division of fees or any understanding or arrangement which is designed or tends to impair, influence or affect the independent judgment or practice of the optometrist with any person who is not an optometrist or a health maintenance organization, unless in accordance with NRS 636.374.
(Added to NRS by 1985, 1917; A 2001, 1001; 2019, 3649)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.302 - Unethical or unprofessional conduct: Restrictions on advertising.

The following acts, among others, constitute unethical or unprofessional conduct:
1. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to optometric materials or services, his or her method of practice or skill, or the method of practice or skill of any other licensee.
2. Advertising in any manner that will tend to deceive, defraud or mislead the public.
3. Advertising, directly or indirectly, free optometric examinations.
(Added to NRS by 1985, 1917; A 1993, 2872; 2019, 3649)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.303 - Unethical or unprofessional conduct: Use of pharmaceutical agent for treatment; repeated malpractice.

The following acts, among others, constitute unethical or unprofessional conduct:
1. Using any pharmaceutical agent for the purpose of treatment which the licensee is authorized to use only for the purpose of diagnosis.
2. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
(Added to NRS by 1985, 1918)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.304 - Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice optometry, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license to practice optometry that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2137; A 2005, 2807)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.305 - Complaint against licensee: Persons authorized to make complaint; review; investigation; retention.

1. A complaint may be made against a licensee by:
(a) An employee or contractor of the Board; or
(b) Any licensee or other person,
alleging one or more grounds for disciplinary action set forth in NRS 636.295.
2. As soon as practicable after a complaint is filed with the Board, the Executive Director or his or her designee shall review the complaint. If the Executive Director determines that the complaint is not frivolous and alleges one or more of the grounds for disciplinary action set forth in NRS 636.295, the Board, through the Executive Director, shall cause the complaint to be investigated.
3. The Board shall retain each complaint received pursuant to this section for not less than 10 years, including, without limitation, any complaint which is not acted upon.
[69:208:1955]—(NRS A 1985, 156; 2019, 3649)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.310 - Form and filing of complaint; referral of complaint; immunity from civil liability.

1. A complaint:
(a) Must be made in writing and be signed and sworn to or affirmed by the person making it.
(b) May not be filed anonymously, except that the identity of the complainant must remain confidential upon request by the complainant and until the complainant waives that confidentiality.
2. If the Executive Director or his or her designee determines that a complaint filed with the Board relates to any matter within the jurisdiction of another regulatory body in this title, the Executive Director shall refer the complaint to that regulatory body.
3. The provisions of subsection 2 do not prohibit the Executive Director or his or her designee from investigating a complaint which relates to any matter within the jurisdiction of the Board or from notifying the Board of that matter for further consideration by the Board if deemed necessary by the Board after an investigation.
4. Any member, employee, contractor or officer of the Board is immune from any civil liability for any decision made or action taken in good faith and without malicious intent in carrying out the provisions of this section.
[70:208:1955]—(NRS A 1993, 2873; 2013, 2232; 2019, 3650)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.320 - Requirements for disciplinary hearing of formal charge.

Any disciplinary hearing of a formal charge relating to an alleged ground for disciplinary action set forth in NRS 636.295 must be conducted in accordance with the provisions of chapters 233B, 622 and 622A of NRS.
[72:208:1955]—(NRS A 1993, 2873; 2019, 3650)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.325 - Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

1. If the Board finds by a preponderance of the evidence that a person has engaged in one or more grounds for disciplinary action set forth in NRS 636.295, it may take any one or more of the following actions:
(a) Publicly reprimand the licensee and impose any terms or conditions deemed necessary by the Board;
(b) Place the licensee on probation for a specified or unspecified period and impose any conditions deemed necessary by the Board;
(c) Suspend the license of the person for not more than 1 year and impose any terms or conditions deemed necessary by the Board;
(d) Revoke the license of the person and impose any terms or conditions for reinstatement of the license deemed necessary by the Board;
(e) Impose an administrative fine pursuant to the provisions of NRS 636.420;
(f) Limit the person’s practice of optometry;
(g) Suspend the enforcement of any penalty by placing the person on probation, which the Board may revoke if the person fails to comply with any condition of probation imposed by the Board;
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board, and the person must be responsible for any expense incurred for providing those services;
(i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the person;
(j) Require the person to pay for any costs of remediation or restitution; or
(k) Take any combination of the actions specified in paragraphs (a) to (j), inclusive.
2. The Board shall not issue a private reprimand.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
[73:208:1955]—(NRS A 1985, 156; 1993, 2873; 2003, 3450; 2013, 2232; 2019, 3650)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.337 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; decision relating to imposition of administrative fine or penalty is final decision in contested case.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 636.110 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine or penalty is a final decision in a contested case.
(Added to NRS by 1983, 1536; A 2019, 3651)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.339 - Summary suspension of licensee’s authority to prescribe, administer or dispense controlled substances; issuance of order; formal hearing and decision.

1. If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.
2. If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
3. If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.
(Added to NRS by 2017, 4428; A 2019, 3651)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.340 - Restoration of revoked or suspended license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] Restoration of revoked or suspended license. [Effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

Unless a license is suspended pursuant to NRS 425.540, on or after the expiration of 1 year following the revocation or suspension of a license, an application may be made for the restoration of the license and the Board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.
[76:208:1955]—(NRS A 1997, 2138; 2005, 2807; 2017, 2848)
On or after the expiration of 1 year following the revocation or suspension of a license, an application may be made for the restoration of the license and the Board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.
[76:208:1955]—(NRS A 1997, 2138; 2005, 2807; 2017, 2848, effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.342 - Confidentiality of certain records of Board; exceptions.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential unless the person against whom the complaint is filed submits a written statement to the Board requesting that the documents and other information be made public records.
2. The charging document the Board uses to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.
3. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information in the Board’s possession concerning a licensee or pending investigation to any other licensing board or any other governmental agency that is investigating a person, including, without limitation, a law enforcement agency, agency of the Federal Government, licensing board in this State or any other state or territory of the United States. If any confidential information concerning an investigation is provided to another governmental agency pursuant to this section, the information remains confidential and may not be provided to any other person or governmental agency. To the extent practicable, any governmental agency that receives any confidential information from the Board pursuant to this section shall treat the information as confidential.
(Added to NRS by 2003, 3450; A 2007, 2139; 2019, 3640)—(Substituted in revision for NRS 636.107)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.346 - Supervision of authorized activities of assistants; conduct of final eye examination of patient.

1. In any setting where optometry is practiced, an assistant may fit ophthalmic lenses or spectacle lenses if the assistant acts under the direct supervision of a licensed optometrist.
2. In addition to the provisions of subsection 1, an assistant in any setting where optometry is practiced may perform any of the following activities under the direct supervision of a licensed optometrist:
(a) Prepare a patient for examination.
(b) Collect preliminary data concerning a patient, including taking the medical history of the patient.
(c) Perform simple and noninvasive testing of a patient in preparation for any subjective refraction, testing, evaluation, interpretation, diagnosis or treatment of the patient by the licensed optometrist.
(d) For an ophthalmic purpose, administer any cycloplegic or mydriatic agent or topical anesthetic that is not a controlled substance.
(e) Use an ophthalmic device or oversee ocular exercises, visual training, visual therapy or visual rehabilitation as directed by a licensed optometrist.
3. If an assistant conducts any activities pursuant to subsection 2, the licensed optometrist must conduct the final eye examination of the patient.
4. As used in this section, "assistant" means a person employed by an optometrist or any medical provider or medical facility at which the optometrist provides or offers to provide his or her services as an optometrist.
(Added to NRS by 2019, 3635)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.347 - Permit required for professional association with health maintenance organization; regulations.

1. No licensee may be employed by or contract with a health maintenance organization to provide services therefor unless the licensee has obtained a permit to do so from the Board.
2. Written application for a permit must be made on a form prescribed by the Board. The Board shall adopt reasonable regulations prescribing the procedure for obtaining a permit pursuant to this section.
3. For the purposes of this section, "health maintenance organization" has the meaning ascribed to it in NRS 695C.030.
(Added to NRS by 1985, 1918)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.350 - Certificate of registration to own optometry practice under assumed or fictitious name: Requirements; application; duties; regulations.

1. A person shall not own all or any portion of an optometry practice under an assumed or fictitious name unless the person:
(a) Holds an active license to practice optometry in this State; and
(b) Has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name and at a specific location.
2. A person who applies for a certificate of registration to own all or any portion of an optometry practice under an assumed or fictitious name must submit to the Board an application on a form provided by the Board. The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.
3. Each person who is issued a certificate of registration pursuant to this section shall:
(a) Comply with the provisions of chapter 602 of NRS;
(b) Display or cause to be displayed near the entrance of his or her business the full name of the optometrist and the words or letters that designate him or her as an optometrist; and
(c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly provides optometric services at the business and the words or letters that designate him or her as an optometrist.
4. The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practice optometry under an assumed or fictitious name.
5. As used in this section, "assumed or fictitious name" means a name other than the name of the optometrist printed on his or her license to practice optometry.
[82:208:1955]—(NRS A 1999, 1915; 2019, 3652; 2023, 1461)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.365 - Issuance of duplicate license and renewal card.

The Board or the Executive Director may issue a duplicate license and renewal card for each location at which a licensee practices optometry, if the licensee maintains more than one place of practice.
[26:208:1955]—(NRS A 1993, 2874; 2019, 3653)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.369 - Duty of licensee to notify Board of change of mailing address, telephone number or electronic mail address.

A licensee shall notify the Board of any change in the personal mailing address or primary telephone number of the licensee or any change of the electronic mail address most recently provided by the licensee to the Board not later than 30 calendar days after the change.
(Added to NRS by 2023, 1456)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.370 - Notice to Board of initial or change of location of practice or establishment of additional location.

1. A person who has been issued an initial license to practice optometry in this State or who is re-establishing a practice in this State shall, before commencing the practice, notify the Executive Director, in writing, of the location or locations where the person intends to practice.
2. A licensee shall notify the Executive Director in writing before changing the location of his or her practice or establishing an additional location to practice optometry.
[79:208:1955]—(NRS A 1993, 2874; 2019, 3653)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.371 - Duty of licensee to notify Board of disciplinary action taken by other jurisdiction.

A licensee shall report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice any occupation or profession issued to the licensee by another state or territory of the United States, the District of Columbia or a foreign country.
(Added to NRS by 2023, 1456)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.372 - Leasing of office from unlicensed person; regulations.

1. Except as otherwise provided in subsection 4, an optometrist may enter into an agreement with a person who is not licensed pursuant to the provisions of this chapter for the leasing of a building or a part thereof for use in his or her practice. The lease may contain a provision which requires that the rent must be based on a percentage of the revenue earned by the optometrist in his or her practice if the total amount of rent paid for the building or part thereof does not exceed its fair rental value, including any furniture, fixtures or equipment therein.
2. An optometrist who enters into such a lease with a physician may locate his or her office in the same place of business as the physician without a physical separation between the office and the place of business.
3. The Board may adopt regulations prescribing the requirements for such leases. The regulations must ensure the quality of optometric care and the practice of optometry without restricting competition or the commercial practice of optometry.
4. An optometrist shall not enter into a lease pursuant to this section unless, during the term of the lease, the optometrist maintains exclusive access to, and control and ownership of, the medical records of each patient of the optometrist.
(Added to NRS by 1993, 2864; A 1995, 2565; 2019, 3653)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.373 - Associations or other business relationships with physicians; prohibition on supervision or control or influence over professional judgment of optometrist unless licensed to practice optometry.

1. An optometrist may form an association or other business relationship with a physician to provide their respective services to patients.
2. If such an association or business relationship is formed, the optometrist may:
(a) Locate his or her office in the same place of business as the physician without a physical separation between the office and the place of business.
(b) Authorize the physician to have access to any medical records in the possession of the optometrist relating to a patient who is being treated by both the optometrist and the physician.
(c) Advertise and promote the services provided by the association or business consistent with the restrictions on advertising set forth in NRS 636.302.
3. A person shall not directly or indirectly supervise an optometrist within the scope of his or her practice of optometry unless the person is licensed to practice optometry pursuant to this chapter.
4. A person, including an officer, employee or agent of any commercial or mercantile establishment, shall not directly or indirectly control, dictate or influence the professional judgment of the practice of optometry by a licensed optometrist, unless the person is licensed to practice optometry pursuant to this chapter.
5. This section does not authorize an optometrist to employ or be employed by a physician.
(Added to NRS by 1995, 2564; A 2019, 3653)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.374 - Collaboration with ophthalmologist: Records; fixed fee; patient referrals; required documents.

An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, regarding one or more surgical procedures if:
1. The collaborating parties prepare and maintain in their respective medical records regarding the patient, written documentation of each procedure and other service performed by each collaborating party which includes the date each procedure and other service is performed;
2. The fixed fee is divided between the collaborating parties in proportion to the services personally performed by each of them;
3. The collaborating parties agree that the collaborating optometrist will refer the patient back to the collaborating ophthalmologist or, if the collaborating ophthalmologist is not available, another ophthalmologist designated by the collaborating ophthalmologist to provide care to the patient if the medical needs of the patient necessitate the provision of care by an ophthalmologist; and
4. The collaborating parties provide to the patient and maintain in their respective medical records regarding the patient, a written document, signed by each of the collaborating parties and the patient, containing:
(a) The name, business address and telephone number of each of the collaborating parties;
(b) The amount of the fixed fee for the procedures and services;
(c) The proportion of that fee to be received by each collaborating party;
(d) A statement, signed by the patient and a witness who is not one of the collaborating parties, that the patient voluntarily, knowingly and willingly desires the performance of the postoperative care by the collaborating optometrist;
(e) A statement that the patient is entitled to return to the collaborating ophthalmologist for postoperative care at any time after the surgery; and
(f) A statement which:
(1) Indicates that the practice of optometry is regulated by the Nevada State Board of Optometry and the practice of ophthalmology is regulated by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable; and
(2) Contains the address and telephone number of each of those Boards.
(Added to NRS by 2001, 1000; A 2009, 452; 2019, 3654)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.375 - Service of process and transmission of other notices to licensees.

1. Service of process made under this chapter must be made by one of the following methods:
(a) Sending the process to be served to the person by certified mail at his or her last known address as indicated in the records of the Board; or
(b) Personal delivery of the document to be served upon the person.
2. Service of process made under this chapter shall be deemed complete when a true and correct copy of the document, properly addressed and stamped, is deposited in the United States mail pursuant to paragraph (a) of subsection 1, or when personal delivery is completed pursuant to paragraph (b) of subsection 1.
3. Any notice which is not required to be served in accordance with subsection 1 or 2 may be transmitted by:
(a) First-class mail, postage prepaid, addressed to the licensee at the location listed by the licensee on his or her most recent change of address form or application for the renewal of his or her license or the last known address as indicated in the records of the Board for any other person;
(b) Electronic mail to the address for electronic mail most recently provided by the person to the Board; or
(c) Facsimile machine to the number most recently provided by the person to the Board.
[29:208:1955]—(NRS A 1969, 95; 1993, 2875; 2019, 3654)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.382 - Authority of licensed optometrist to administer topical diagnostic ophthalmic agents.

Any licensed optometrist may administer topical diagnostic ophthalmic agents.
(Added to NRS by 1979, 950; A 1983, 150; 1993, 2875; 2019, 3655)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.387 - Requirements for prescriptions for and initial fitting of contact lenses.

1. The form for any prescription which is for a contact lens must set forth the expiration date of the prescription, the number of contact lenses approved for the patient and such other information as is necessary for the prescription to be filled properly. A prescription for spectacle lenses must not be construed to be approved for or converted to a prescription for contact lenses unless contact lenses are expressly approved in writing on the prescription by the prescribing optometrist.
2. The initial fitting of a contact lens must be performed by an ophthalmologist or optometrist licensed in this State.
3. As used in this section, "initial fitting" means measuring the health, integrity and refractive error of the eye to determine whether contact lenses are appropriate for the patient.
(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 512; 2019, 3655)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.398 - Ownership of optometry practice without license by family member for limited period after death of sole owner; requirement to dissolve or transfer ownership of optometry practice.

1. For not more than 1 year after the death of a licensee who is the sole owner of an optometry practice, a surviving member of the licensee’s family may own the optometry practice without being licensed pursuant to this chapter. Not later than 1 year after the death of the licensee, the surviving member of the licensee’s family shall transfer ownership of the optometry practice to a licensee or dissolve the optometry practice.
2. The provisions of this section do not:
(a) Exempt a person from the requirement to obtain a license pursuant to this chapter to engage in the practice of optometry; and
(b) Abrogate, alter or otherwise affect any obligation to comply with the requirements of chapters 629 and 636 of NRS relating to the custody of health care records.
3. As used in this section, "member of the licensee’s family" means any person related to the licensee by blood, adoption or marriage within the third degree of consanguinity.
(Added to NRS by 2023, 1456)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.403 - Unlawful for licensee to issue, offer to issue, duplicate or extend prescription for ophthalmic lens without performance of or access to results of comprehensive examination.

It is unlawful for a licensee to issue, offer to issue, duplicate or extend a prescription for an ophthalmic lens for a person if the licensee has not performed a comprehensive examination, or does not have access to the complete results of a comprehensive examination that was performed, on the person within the immediately preceding 2 years.
(Added to NRS by 2023, 1457)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.405 - Duties of peace officers and district attorneys.

1. Constables, police officers and sheriffs shall report violations of this chapter to the Executive Director, and shall render assistance to the Board or any officer thereof if called upon so to do.
2. District attorneys shall prosecute violations of this chapter.
[84:208:1955] + [85:208:1955]—(NRS A 1993, 2876)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.420 - Administrative fines; citations.

1. After providing notice and a hearing pursuant to chapter 622A of NRS, the Board may impose an administrative fine of not more than $5,000 for each violation against a person licensed under this chapter who engages in any conduct constituting grounds for disciplinary action set forth in NRS 636.295.
2. If the Board determines that a person has violated any provision of this chapter, the Board may issue a citation to the person. The citation may contain an order to pay an administrative fine of not more than $1,000 for each violation or, for a violation described in subsection 1, $5,000 for each such violation. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit to the Board a written request for a hearing not later than 30 days after the date of issuance of the citation. The Board shall provide notice of and conduct a hearing requested pursuant to this subsection in accordance with the provisions of chapter 622A of NRS.
(Added to NRS by 1973, 536; A 1983, 233; 1985, 23, 156; 1993, 1193; 2019, 3656; 2023, 1461)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.005 - Legislative declaration.

The Legislature declares that the purpose of this chapter is to protect the public safety and welfare by ensuring that:
1. Only competent and scrupulous people practice ophthalmic dispensing in this State; and
2. Persons who practice ophthalmic dispensing in this State maintain an appropriate standard of professional conduct.
(Added to NRS by 2023, 1385)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to 637.0235, inclusive, have the meanings ascribed to them in those sections.
[2:216:1951; A 1953, 554]—(NRS A 1961, 761; 1975, 549; 1977, 191; 1979, 1194; 1985, 534; 1987, 603; 2023, 1388)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.022 - "Ophthalmic dispensing" defined.

1. "Ophthalmic dispensing" means:
(a) The design of lenses, frames and other specially fabricated optical devices upon prescription;
(b) The inspection and verification of such lenses, frames and devices; and
(c) The issuing of the final authorization to deliver to the intended wearer such lenses, frames and devices.
2. The term includes:
(a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
(b) The making of recommendations to the intended wearer of the lenses regarding lens material and other design features necessary to fill the prescription;
(c) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear, including, without limitation, the preparation and delivery of work orders by entering prescription information and related instructions for fabricating eyewear into a paper or electronic form or other system used for work orders;
(d) The final physical inspection and verification of the quality of finished ophthalmic products;
(e) The adjustment of lenses or frames to the intended wearer’s face or eyes;
(f) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices; and
(g) The fitting of contact lenses and the dispensing of prepackaged contact lenses pursuant to a written prescription by a person licensed to do so pursuant to the provisions of this chapter.
3. The term does not include:
(a) The making of recommendations regarding frame designs or other design features that are not necessary to fill a prescription;
(b) The completion of sales transactions;
(c) The sale of goggles, sunglasses, colored glasses or occupational protective eye devices not having a refractive value, or the sale as merchandise of complete ready-to-wear eyeglasses; or
(d) Any act for which a license is required pursuant to chapter 630 or 636 of NRS, and the provisions of this chapter do not authorize a dispensing optician or apprentice dispensing optician to perform any such act.
(Added to NRS by 1987, 601; A 2003, 2011; 2023, 1388)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.0227 - "Optical establishment" defined.

"Optical establishment" means a single physical store, office or department of a business where ophthalmic dispensing takes place. The term includes such a store, office or department that is owned or operated by a business which owns or operates multiple stores, offices or departments where ophthalmic dispensing takes place.
(Added to NRS by 2023, 1385)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.0235 - "Prescription" defined.

"Prescription" means a direction from a licensed prescriber to:
1. Prepare therapeutic or corrective lenses; or
2. Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.
(Added to NRS by 1987, 602; A 1997, 1258)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.025 - Applicability of chapter.

The provisions of this chapter do not apply to:
1. Ophthalmic dispensing personally by a licensed physician, surgeon or optometrist unless exclusively engaged in the business of filling prescriptions.
2. Ophthalmic dispensing by an employee of a licensed physician, surgeon or optometrist if the employee practices ophthalmic dispensing only under the direct supervision of the licensed physician, surgeon or optometrist and only as an assistant to the licensed physician, surgeon or optometrist.
3. The dispensing of prepackaged contact lenses by a licensed pharmacist pursuant to the provisions of NRS 639.2825.
[13:216:1951]—(NRS A 2003, 2012; 2023, 1389)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.026 - Applicability of chapter: Inapplicability to certain manufacturers of lenses, frames and other specially fabricated optical devices; requirements for manufacturers that fail to comply with certain provisions; effect of such noncompliance.

1. Except as otherwise provided in this section, a person is exempt from the provisions of this chapter if the person:
(a) Is engaged in the manufacturing and direct online sale of lenses, frames and other specially fabricated optical devices upon prescription to an intended wearer who is located outside this State at the time of purchase; and
(b) Complies with the requirements of subsection 2.
2. Any person who engages in the activity described in paragraph (a) of subsection 1 and does not otherwise comply with the provisions of this chapter shall:
(a) Ensure that the manufacturing of lenses, frames and other specially fabricated optical devices is supervised by a dispensing optician licensed pursuant to this chapter. Such supervision must include, without limitation, a daily review of all optical manufacturing equipment by the dispensing optician to ensure that the lenses, frames and other specially fabricated optical devices being manufactured meet the standards adopted by the Board pursuant to this chapter; and
(b) Confirm that any lenses shipped to an intended wearer meet the requirements of the relevant prescription, as submitted by the intended wearer.
3. A person who engages in the activity described in paragraph (a) of subsection 1, is licensed pursuant to this chapter and fails to comply with the requirements of subsection 2 or the other requirements of this chapter:
(a) Is subject to the provisions of NRS 637.150 and 637.185; and
(b) Is not guilty of a misdemeanor.
4. A person who engages in the activity described in paragraph (a) of subsection 1, is not licensed pursuant to this chapter and fails to comply with the requirements of subsection 2:
(a) Shall be deemed to be in violation of NRS 637.090 and, except as otherwise provided in paragraph (b), is subject to all provisions applicable to a person who violates that section; and
(b) Is not guilty of a misdemeanor.
(Added to NRS by 2023, 2590)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.030 - Creation; number, appointment, qualifications, term and removal of members.

1. The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are dispensing opticians and have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.
(b) One member who is a representative of the general public. This member must not be:
(1) A dispensing optician; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a dispensing optician.
3. A member of the Board may continue in office until his or her successor is appointed.
4. The Governor, after hearing, may remove any member for cause.
[Part 10:216:1951; A 1953, 554]—(NRS A 1977, 1255; 1979, 1195; 2003, 1195; 2023, 1390)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.040 - Election of officers; frequency of meetings; quorum; fiscal year.

1. The Board shall:
(a) Elect a President, Vice President, Secretary and Treasurer from its membership; and
(b) Meet at least once each year on a date determined by the Board.
2. A majority of the members of the Board constitutes a quorum for the transaction of business of the Board.
3. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
[Part 11:216:1951; A 1953, 554]—(NRS A 1987, 603; 2007, 1239; 2023, 1390)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.045 - Salary of members; per diem allowance and travel expenses of members and employees.

While engaged in the business of the Board:
1. Each member of the Board is entitled to receive a salary of not more than $150 per day, as fixed by the Board; and
2. Each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
(Added to NRS by 1963, 154; A 1975, 305, 549; 1981, 1993; 1985, 444; 1989, 911, 1700; 2007, 2950; 2023, 1390)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.050 - Offices; employment and compensation of Executive Director and other employees; contracts; authority to transact business.

The Board may:
1. Maintain offices in as many locations in the State as it finds necessary to carry out the provisions of this chapter;
2. Employ and fix the compensation of an Executive Director and any other employees, including, without limitation, investigators, lobbyists, attorneys, other professional consultants and clerical personnel the Board deems necessary to carry out the provisions of this chapter;
3. Contract with professional consultants and service providers, including, without limitation, investigators, lobbyists and attorneys, as the Board deems necessary to carry out the provisions of this chapter; and
4. Transact any other business necessary to carry out the provisions of this chapter.
[Part 4:216:1951; R 1953, 554; new section added 1953, 554] + [Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1979, 1195; 1983, 1448; 1987, 603; 2023, 1390)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.060 - Deposit and use of money received by Board; acceptance of grants, donations and contributions; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

1. Except as otherwise provided in subsection 4, all money received by the Board under the provisions of this chapter must be deposited in banks, credit unions, savings and loan associations or savings banks in the State of Nevada. The money may be drawn on by the Board for payment of all expenses incurred in the administration of the provisions of this chapter.
2. The Board may, for the use and benefit of the Board as a whole and not for any individual member of the Board, accept grants, donations and contributions of money from any source to assist the Board in carrying out the provisions of this chapter.
3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
[Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1983, 1537; 1999, 1534; 2005, 771; 2023, 1391)
2023 Nevada Revised Statutes › Chapter 637 - Dispensing Opticians › NRS 637.070 - Rules and regulations.

The Board may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter, including, without limitation, regulations:
1. Establishing standards of practice for persons licensed pursuant to this chapter.
2. Setting forth minimum standards for lenses, frames, specially fabricated optical devices and other ophthalmic devices dispensed by a dispensing optician. Such standards must be consistent with the minimum standards of quality approved by the American National Standards Institute.
3. Prescribing the form of an administrative citation issued pursuant to NRS 637.182.
4. Prescribing a schedule of administrative fines that may be imposed in connection with the issuance of an administrative citation.
[Part 10:216:1951; A 1953, 554] + [Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 2023, 1391)