reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.027 - Applicability of chapter: Applicability to persons licensed to or engaged in practice of optometry; inapplicability to licensed physicians and surgeons and persons permitted to practice other healing arts.

This chapter:
1. Applies to any person who is licensed to practice optometry pursuant to this chapter and any other person engaged in the practice of optometry in this State.
2. Must not be construed to apply to:
(a) Physicians and surgeons duly licensed to practice in this State.
(b) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.
3. As used in this section, "healing art" has the meaning ascribed to it in NRS 630.0122.
[Part 83:208:1955]—(NRS A 2019, 3639; 2023, 1446)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.028 - Applicability of chapter: Inapplicability to certain students; applicability to clinicians or instructors engaged in practice of optometry.

1. Except as provided in subsection 2, a person is exempt from the provisions of this chapter regulating the practice of optometry if the person is engaged in a clinical program of a school or college of optometry accredited by the Board and if the person is a student who is enrolled in a clinical program of an undergraduate or graduate course of study in optometry at such a school or college and who has not received a degree of doctor of optometry.
2. A person who is employed as a clinician or instructor and who engages in the practice of optometry in this State is required to be licensed by the Board.
(Added to NRS by 1977, 612; A 2019, 3639)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.0285 - Applicability of chapter: Inapplicability to certain graduate students participating in an externship or certain persons engaged in residency program; inapplicability to rendering of emergency care at clinic in certain circumstances.

1. A student who is enrolled in a graduate course of study in optometry at an accredited school or college of optometry and who is participating in an externship authorized by the school or college, as applicable, as part of that course of study may perform procedures within the scope of a license to practice optometry issued pursuant to this chapter if an optometrist or ophthalmologist licensed in this State:
(a) Is physically present at the clinic where the student is performing the procedures at all times while those procedures are being performed; and
(b) Examines the person on whom the student performed any procedure before the person is discharged.
2. Except as otherwise provided in subsection 3, 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, without a license, engage in the practice of optometry within the scope of a license to practice optometry issued pursuant to this chapter and examine and manage patients without supervision if an optometrist or ophthalmologist licensed in this State is physically present at the clinic at all times when the person is practicing optometry.
3. A person described in subsection 2 may, in an emergency, provide care to a patient without an optometrist or ophthalmologist licensed in this State being physically present at the clinic if the person consults with an appropriate optometrist or ophthalmologist associated with the clinic to determine the proper care and management of the treatment of the patient.
4. As used in this section, "clinic" means a facility at which a licensed optometrist or ophthalmologist provides services to patients.
(Added to NRS by 2023, 1457)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.029 - Applicability of chapter: Certain sales not prohibited.

The provisions of this chapter shall not prohibit:
1. The sale of goggles, sunglasses, colored glasses or occupational eye-protective devices if they do not have refractive values; or
2. The sale of complete ready-to-wear eyeglasses as merchandise by any person not holding himself or herself out as competent to examine, test or prescribe for the human eye or its refractive errors.
[Part 83:208:1955]
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.035 - Qualifications of members.

1. The Governor shall appoint:
(a) Three members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry.
(b) One member who is a representative of the general public. This member must not be:
(1) Licensed to practice optometry; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a person licensed to practice optometry.
2. A person shall not be appointed if he or she:
(a) Is the owner or co-owner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry;
(b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or
(c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude.
[15:208:1955]—(NRS A 1977, 1254; 2003, 1194)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.075 - Salary of members; per diem allowances and travel expenses of members and employees; payment of compensation and expenses of members and employees.

1. Each member of the Board is entitled to receive:
(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
3. Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter and no part thereof may be paid out of the State Treasury.
[18:208:1955]—(NRS A 1961, 759; 1963, 154; 1975, 304; 1981, 1993; 1983, 232, 1537, 1545; 1989, 1700; 2007, 2950)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.080 - Election and term of President; appointment and compensation of Executive Director; vacancy in position of Executive Director.

1. At the first meeting of the Board held each fiscal year, the Board shall meet and organize by electing from its membership a President who shall hold office for 1 year and until the election and qualification of his or her successor.
2. The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive compensation as set by the Board. The Executive Director must not be a member of the Board. If a vacancy occurs in the position of Executive Director, the Board may appoint one of its members to perform the duties of the Executive Director until the position is filled. A member of the Board who is appointed to perform the duties of the Executive Director is not entitled to receive any compensation for performing those duties.
[19:208:1955]—(NRS A 1993, 2865; 2019, 3639)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.085 - Executive Director: Duties.

The Executive Director shall receive, maintain and disburse money on behalf of the Board and shall perform all duties imposed upon him or her pursuant to the provisions of this chapter and such other duties as the Board may prescribe.
[20:208:1955] + [21:208:1955]—(NRS A 1993, 2865; 2019, 3639)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.090 - Employees; counsel.

1. The Board may employ:
(a) Agents and inspectors to secure evidence of, and report on, violations of this chapter.
(b) Attorneys, investigators, consultants and other professional and clerical personnel necessary to administer this chapter.
2. The Attorney General may act as counsel for the Board subject to the provisions of NRS 622A.200.
[23:208:1955] + [24:208:1955]—(NRS A 1963, 154; 2017, 2848; 2019, 3640)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.095 - Regular and special meetings; quorum.

1. The Board shall hold a regular meeting at least once each year.
2. The Board shall hold a special meeting upon a call of the President or upon a request by a majority of the members.
3. Three members of the Board constitute a quorum.
[28:208:1955]—(NRS A 1993, 2865)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.100 - Offices; seal.

The Board may:
1. Establish and maintain offices in as many localities in the State as it deems necessary to carry out the provisions of this chapter, one of which must be located in the office of the Executive Director.
2. Adopt and use an official seal.
[31:208:1955] + [35:208:1955]—(NRS A 1961, 759; 1963, 154; 1993, 2865)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.105 - Records, register and inventory.

1. The Executive Director shall make and keep:
(a) A record of all meetings and proceedings of the Board.
(b) A record of all prosecutions and violations of this chapter.
(c) A record of the results of all examinations of applicants.
(d) A register of all licensees.
(e) An inventory of all property of the Board and all property of the State in the Board’s possession.
2. Except as otherwise provided in NRS 636.342, records of the Board are subject to public inspection.
3. All records of the Board must be kept in the office of the Board.
[32:208:1955]—(NRS A 1993, 2866; 2003, 3450)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.110 - Deposit of money received by Board; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

1. Except as otherwise provided in subsection 3, all money coming into possession of the Board must be deposited by the Executive Director in a special fund to be expended for payment of compensation and expenses of members of the Board and for other necessary or proper purposes in the administration of this chapter. The Executive Director shall deposit the money in banks, credit unions, savings and loan associations or savings banks in this State.
2. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines and penalties therefor and forward the money therefrom to the Executive Director for deposit in banks, credit unions, savings and loan associations or savings banks in this State.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of administrative fines and penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
[25:208:1955]—(NRS A 1963, 154; 1983, 1537; 1993, 2866; 1999, 1533)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.135 - Duty of Board to accredit or approve accreditation of schools of optometry.

The Board shall accredit schools, or approve the accreditation of schools by any nationally recognized accrediting organization or agency, in and out of this State teaching the science and art of optometry which it finds provide a sufficient and thorough course of study for the preparation of optometrists.
[22:208:1955]—(NRS A 2019, 3640)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.141 - Subpoenas.

1. The Board shall have power to issue subpoenas to compel the attendance of witnesses before it or the production of documents.
2. The district court shall, on application of the Board, compel obedience to a subpoena issued by the Board by attachment proceedings as for contempt.
(Added to NRS by 1973, 535)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.143 - Fees.

1. At least once every 2 years, the Board shall review and, if the Board deems it necessary, establish or revise, within the limits prescribed a schedule of fees for the following purposes:
Not more than
(a) Examinations........................................................................................................ $250
(b) Except as otherwise provided in paragraph (g), initial issuance or renewal of a license $1,200
(c) Granting certification or issuing certificates............................................... $1,000
(d) Licensing of extended clinical facilities and other practice locations....... $500
(e) Individually verifying licensure or disciplinary status................................. $100
(f) Late fee............................................................................................................... $1,000
(g) Initial issuance of a license to an applicant who is a veteran...................... $600
(h) Any other service provided by the Board pursuant to this chapter......... $1,000
2. As used in this section, "veteran" has the meaning ascribed to it in NRS 417.005.
[87:208:1955]—(NRS A 1961, 759; 1967, 205; 1973, 536; 1977, 613; 1983, 232, 733; 1993, 1192; 2015, 3015, 3892; 2019, 3641; 2023, 1459)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.145 - Unlawful practice of optometry; exceptions; investigation and hearing; penalties; reporting requirements of Board.

1. Except as otherwise provided in NRS 636.0285, a person shall not engage in the practice of optometry in this State unless:
(a) The person has obtained a license pursuant to the provisions of this chapter; and
(b) Except for the year in which such license was issued, the person holds a current renewal card for the license.
2. The Board shall conduct an investigation pursuant to subsection 3 if the Board receives a complaint which sets forth any reason to believe that a person has engaged in the practice of optometry in this State without a license issued pursuant to this chapter.
3. In addition to any other penalty prescribed by law, if the Board, after conducting an investigation and hearing in accordance with chapters 233B, 622 and 622A of NRS, determines that a person has committed any act described in subsection 1, the Board may:
(a) Issue and serve on the person an order to cease and desist from the practice of optometry until the person obtains a license from the Board.
(b) Issue a citation to the person pursuant to NRS 636.420.
(c) Impose any combination of the penalties set forth in paragraphs (a) and (b).
4. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice optometry without a license issued pursuant to this chapter.
5. Each instance of unlicensed activity constitutes a separate offense for which a separate citation may be issued.
[37:208:1955]—(NRS A 1993, 2866; 2013, 2231; 2019, 3641; 2023, 1459)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.150 - Requirements for applying for license.

Except as otherwise provided in NRS 636.206 and 636.207, any person applying for a license to practice optometry in this State must:
1. File proof of his or her qualifications;
2. Take and pass each examination identified, administered or approved by the Board;
3. Pay the prescribed fees; and
4. Verify that all the information he or she has provided to the Board or to any other entity pursuant to the provisions of this chapter is true and correct.
[38:208:1955]—(NRS A 1993, 2867; 2015, 3015, 3893; 2019, 3642)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.155 - Proof of applicant’s qualifications.

Except as otherwise provided in NRS 636.206 and 636.207, an applicant must file with the Executive Director satisfactory proof that the applicant:
1. Is at least 21 years of age;
2. Has graduated from a school of optometry accredited or approved by the Board pursuant to NRS 636.135;
3. Has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor;
4. Has passed each examination identified, administered or approved by the Nevada State Board of Optometry pursuant to NRS 636.150; and
5. Has not been disciplined for harming a patient as a licensed optometrist in another state.
[39:208:1955]—(NRS A 1969, 98; 1977, 1565; 1993, 2867; 2015, 3016, 3893; 2019, 3642, 4287)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.170 - Examination: Prohibition on participation of member of Board who represents general public in preparing, conducting or grading examination.

The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
[42:208:1955] + [43:208:1955]—(NRS A 2019, 3643)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.180 - Examination: Character and design; preparation and administration.

An examination must:
1. Be practical in character and design as determined by the Board;
2. Test the fitness of the examinee to practice optometry; and
3. Be prepared and administered by the Board or a testing agency that has been designated by the Board to conduct its examinations.
[45:208:1955]—(NRS A 1993, 2868; 2019, 3643)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.185 - Scope of examination.

1. An examination, other than one conducted solely for reexamination of an examinee who has failed in a previous examination, must include testing in the following areas:
(a) General anatomy.
(b) General physiology.
(c) Ocular anatomy.
(d) Ocular physiology.
(e) Ocular pathology.
(f) Geometric optics.
(g) Physiological optics.
(h) Theoretical optometry.
(i) Practical optometry.
(j) Retinoscopy and ophthalmic instruments.
(k) Ophthalmoscopy and biomicroscopy.
(l) Neurology, visual fields and perimetry.
(m) Vision therapy.
(n) Clinical optometry.
(o) Contact lenses.
(p) Pharmacology.
(q) Statutes and regulations governing the practice of optometry.
(r) Such other areas as the Board may prescribe.
2. An examination must also provide for an evaluation of the examinee’s knowledge of the following areas:
(a) Basic science.
(b) Clinical science.
(c) Care and management of patients.
[46:208:1955]—(NRS A 1993, 2868)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.190 - Grade necessary to pass examination.

Except as otherwise provided in NRS 622.090, a grade of 70 or higher for each area tested is required to pass the examination.
[47:208:1955]—(NRS A 1993, 2869; 2007, 2950; 2019, 3643)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.206 - Expedited license by endorsement: Requirements; procedure for issuance.

1. The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid, active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;
(3) Has been continuously and actively engaged in the practice of optometry for the past 5 years;
(4) Has not held a license to practice optometry in this State in the immediately preceding year;
(5) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and
(6) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
(Added to NRS by 2015, 3014; A 2019, 4287; 2023, 1460)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.207 - Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement to practice optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice optometry in the District of Columbia or any state or territory of the United States; and
(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice optometry; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice optometry to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to practice optometry may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice optometry in accordance with regulations adopted by the Board.
6. As used in this section, "veteran" has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 2015, 3891; A 2019, 4288)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.215 - Licenses: Execution and contents.

The Board shall execute a license for each person who has satisfied the requirements of NRS 636.150, 636.155, 636.206 or 636.207 and submitted all information and fees required to complete an application for a license. A license must:
1. Certify that the licensee has been examined and found qualified to practice optometry in this State; and
2. Bear the signatures of the President of the Board and the Executive Director.
[52:208:1955]—(NRS A 1983, 732; 1993, 2869; 1997, 2137; 2005, 2737, 2807; 2015, 3016, 3893; 2019, 3643)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.227 - Licensing by Board; application for license; notice to Board of changes regarding facility; regulations.

1. The Board may grant a license to an accredited school or college of optometry to establish an extended clinical facility for the treatment of visual disorders and shall adopt reasonable regulations and establish procedures for such purpose. If a license is granted, it is effective only until February 28 of the next even-numbered year unless renewed by the Board upon payment of the fee for the renewal of the license established pursuant to NRS 636.143.
2. An accredited school or college of optometry which desires to establish an extended clinical facility for the treatment of visual disorders in this State must apply to the Board for a license, and the application must contain the following information:
(a) The name and address of the proposed facility;
(b) The date when the school or college desires to commence operation of the facility;
(c) A brief description of the facility and of the equipment which will be available for use there;
(d) The kinds of optometric services to be rendered; and
(e) The name and address of each instructor or clinician to be employed at the facility, his or her academic qualifications and any licenses which entitle the instructor or clinician to practice optometry in this or any other state.
3. Every school or college of optometry which operates a licensed facility in this State shall notify the Board if the school or college changes its instructors or clinicians, the location of the facility or the content of a clinical program.
4. Nothing in this section authorizes a licensed optometrist to engage in any acts which are beyond the scope of his or her license issued in accordance with the provisions of this chapter.
5. For the purposes of this section, "extended clinical facility for the treatment of visual disorders" means a clinical facility which renders optometric services and is operated by an accredited school or college of optometry, but which is located beyond the boundaries of the principal campus of the school or college.
(Added to NRS by 1977, 613; A 1993, 2869; 2019, 3643)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.250 - Requirement.

A license issued under this chapter or any former law must be renewed pursuant to the provisions of NRS 636.250 to 636.285, inclusive, before March 1 of each even-numbered year.
[55:208:1955]—(NRS A 1993, 2870; 2019, 3644; 2021, 804)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.255 - Notice to licensee of deadline to renew license.

The Executive Director shall provide a notice of the deadline for the renewal of a license to each licensee before February 1 of each even-numbered year. The failure of the Executive Director to notify a licensee does not excuse the licensee from the requirements of NRS 636.250.
[56:208:1955]—(NRS A 1993, 2870; 2019, 3644)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.260 - Payment of renewal fee; requirements for continuing education; waiver; presentment of evidence of completion of educational or postgraduate program by licensee certified to administer and prescribe pharmaceutical agents.

1. Before March 1 of each even-numbered year, each licensee shall pay a renewal fee to the Executive Director in the amount established pursuant to NRS 636.143. For the purposes of this subsection, the date of the postmark on any payment received by mail shall be deemed to be the date of receipt by the Executive Director.
2. The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding 24-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the Board. This evidence must be indicated on the form for proof of completion of continuing education that is furnished by the Board. The Board shall not require a licensee to complete more than 40 hours of continuing education during each period of renewal. The Board may waive the requirement that a licensee complete all or part of the required number of hours of continuing education upon good cause shown by the licensee.
3. The Board shall require each licensee to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure as part of the continuing education required by subsection 2.
4. A licensee who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal fee, present evidence satisfactory to the Executive Director that, during the 24 months immediately preceding the payment of the renewal fee, the licensee completed an educational or postgraduate program approved by the Board. The Board shall establish the number of hours for completion of the program which must be not less than 50 hours nor more than 100 hours.
[57:208:1955]—(NRS A 1973, 720; 1993, 2870; 1995, 1034; 2019, 3644; 2021, 396)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.262 - Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

1. The Board may:
(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and
(b) Request each applicant to complete and electronically submit the data request to the Director.
2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.
3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.
(Added to NRS by 2021, 804)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.265 - Renewal card: Issuance, contents and display.

Upon payment of the renewal fee, submission of evidence of completion of the required number of hours of continuing education and submission of all information required to complete the renewal, the Executive Director shall execute and issue a renewal card for the license to the licensee, certifying that the license has been renewed for a 24-month period beginning March 1 of each even-numbered year. The renewal card must indicate the address of the place of the licensee’s practice for which the card is issued and be displayed prominently at that location. The renewal card must be signed by the Executive Director.
[58:208:1955]—(NRS A 1993, 2871; 1997, 2137; 2005, 2737, 2807; 2019, 3645)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.270 - Suspension of license for failure to comply with requirements for renewal.

If a licensee fails to comply with the provisions of NRS 636.260 on or before the prescribed date, the license must be suspended effective March 1 of the year of the prescribed date and must remain suspended until it is restored in the manner specified in NRS 636.275 or expires pursuant to that section, whichever occurs first.
[59:208:1955]—(NRS A 1975, 1302; 1993, 2871; 2019, 3645; 2019, 3645)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.275 - Restoration or expiration of license suspended for failure to comply with requirements for renewal.

1. A license which has been suspended for failure of the licensee to pay the renewal fee, to submit all information required to complete the renewal or to submit evidence of completion of the required number of hours of continuing education may be restored at any time within 90 days after the suspension of the license upon the licensee:
(a) Paying the renewal fee;
(b) Paying a late fee in the amount prescribed by the Board;
(c) Submitting all required information; and
(d) Completing the required number of hours of continuing education.
2. Any license suspended pursuant to the provisions of NRS 636.270 expires 91 days after the suspension of the license unless the license is restored pursuant to subsection 1.
[60:208:1955]—(NRS A 1975, 1302; 1993, 2871; 1997, 2138; 2005, 2737, 2807; 2019, 3645)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.286 - Administration or prescription of certain pharmaceutical agents prohibited without certificate.

An optometrist shall not administer or prescribe a pharmaceutical agent other than a diagnostic pharmaceutical agent unless the optometrist has obtained a certificate pursuant to NRS 636.288.
(Added to NRS by 1995, 1032; A 2019, 3645)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.287 - Requirements for certification: Regulations.

The Board shall adopt regulations which prescribe the requirements for certification to administer and prescribe pharmaceutical agents pursuant to NRS 636.288. The requirements must include:
1. A license to practice optometry in this State;
2. The successful completion of the "Treatment and Management of Ocular Disease Examination" administered by the National Board of Examiners in Optometry or an equivalent examination approved by the Board; and
3. The successful completion of not fewer than 40 hours of clinical training in administering and prescribing pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the Board.
(Added to NRS by 1995, 1032; A 2019, 3645)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.288 - Issuance of certificates; Board required to provide list of certified optometrists to State Board of Pharmacy.

The Board shall provide to:
1. Each optometrist who has complied with the requirements adopted by the Board pursuant to NRS 636.287, a certificate to administer and prescribe pharmaceutical agents.
2. The State Board of Pharmacy the name of each optometrist it certifies pursuant to this section.
(Added to NRS by 1995, 1033; A 2019, 3646)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2881 - Training required for certain optometrists relating to persons with substance use and other addictive disorders and prescribing of opioids; regulations.

The Board shall, by regulation, require each optometrist who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any licensee may use training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
(Added to NRS by 2015, 123; A 2017, 4429; 2019, 3646; 2021, 396)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2882 - Conditions and limitations on prescribing controlled substances.

An optometrist who is certified to administer and prescribe a pharmaceutical agent pursuant to NRS 636.288 shall not prescribe a controlled substance unless the optometrist:
1. Has completed an optometric examination of the patient for whom the controlled substance is prescribed;
2. Prescribes the controlled substance in an amount that does not exceed 90 morphine milligram equivalents per day and will not last more than 72 hours; and
3. Sets forth in the prescription for the controlled substance that the prescription may not be refilled without a subsequent examination of the patient by the optometrist.
(Added to NRS by 1999, 1913; A 2019, 3646)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2891 - Treatment of glaucoma prohibited without certificate or certification by endorsement; duty to refer certain patients with glaucoma to ophthalmologist.

1. An optometrist shall not treat a person diagnosed with glaucoma unless the optometrist has been issued a certificate by the Board pursuant to NRS 636.2895 or certification by endorsement pursuant to NRS 636.2897.
2. An optometrist, regardless of whether he or she has been issued a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 or certification by endorsement pursuant to NRS 636.2897, shall refer a patient diagnosed with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:
(a) The patient is under 16 years of age.
(b) The patient has been diagnosed with any type of glaucoma other than open angle glaucoma.
(c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering any appropriate, nonsurgical emergency treatment to the patient.
(Added to NRS by 1999, 1913; A 2019, 3646)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2893 - Requirements for issuance of certificate: Regulations.

The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895. The requirements must include, without limitation:
1. A license to practice optometry in this State;
2. The successful completion of the "Treatment and Management of Ocular Disease Examination" administered by the National Board of Examiners in Optometry or an equivalent examination approved by the Board;
3. Proof that each optometrist who applies for a certificate has treated at least 15 persons who were:
(a) Diagnosed with glaucoma by an ophthalmologist licensed in this State; and
(b) Treated by the optometrist, in consultation with that ophthalmologist, for at least 12 consecutive months; and
4. A certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288.
(Added to NRS by 1999, 1914; A 2003, 511; 2019, 3647)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2897 - Expedited certificate by endorsement.

1. The Board may issue a certificate by endorsement to treat a person diagnosed with glaucoma to an applicant who meets the requirements of this section.
2. An applicant for a certificate by endorsement must submit an application to the Executive Director in a form prescribed by the Board. The application must include the following information:
(a) Proof satisfactory to the Board that the applicant:
(1) Holds a valid and unrestricted certificate or other credential approved by the Board to engage in the treatment of a person with glaucoma issued in any state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States which the Board has determined was issued in accordance with requirements that are substantially similar to those applicable to the issuance of a certificate to treat persons diagnosed with glaucoma in this State pursuant to NRS 636.2893; and
(2) Has had no adverse actions reported to the National Practitioner Data Bank, or its successor organization, within the past 5 years;
(b) An affidavit stating that the information set forth in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement to treat a person diagnosed with glaucoma, the Executive Director shall provide a written notice to the applicant if any additional information is required to consider the application. Unless the application is denied for good cause, the Board shall approve the application and issue a certificate to treat a person diagnosed with glaucoma by endorsement within 45 days after receiving the application.
(Added to NRS by 2019, 3637)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.2899 - Eligibility; application; issuance; renewal; authorized equipment and services; regulations.

1. Notwithstanding any provision of this chapter to the contrary, a licensee, nonprofit or charitable organization, governmental agency or school in this State who obtains a certificate pursuant to this section may own or operate a mobile optometry clinic pursuant to this section. An application for the issuance or renewal of a certificate to own or operate the clinic must be submitted on a form approved by the Board and include any fees established by the Board pursuant to subsection 4. As soon as practicable after receiving an application and the appropriate fees, the Board shall approve or deny the application based upon the criteria established by the Board pursuant to subsection 4. A certificate issued to own or operate a mobile optometry clinic must be renewed on or before March 1 of each even-numbered year.
2. A certified mobile optometry clinic may include any equipment required to operate the clinic, including, without limitation, a motor vehicle or a motor vehicle and trailer which may be moved from one location to another. Any optometric services available at the clinic must be provided under the direction and control of a licensee. Any final examination of a patient at the mobile optometry clinic must be completed by the licensee.
3. A certified mobile optometry clinic may only provide optometric services to:
(a) Governmental agencies;
(b) Patients with impaired or restricted mobility;
(c) Members of low-income and other medically underserved groups in the State; and
(d) Academic programs.
4. The Board shall adopt:
(a) Regulations setting forth:
(1) The requirements for the issuance and renewal of a certificate to own or operate a mobile optometry clinic; and
(2) The amount of the fees for the issuance and renewal of the certificate; and
(b) Any other regulations necessary to carry out the provisions of this section.
(Added to NRS by 2019, 3636)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.290 - Authority of Board; authorized actions by Board.

1. Any person licensed pursuant to the provisions of this chapter or engaged in the unlawful practice of optometry without a license may be disciplined by the Board for cause in the manner specified in this chapter. A person licensed to practice optometry in this State is subject to the jurisdiction of the Board for any act specified in this chapter, regardless of whether the license is expired, suspended or revoked.
2. Unless the Board takes action pursuant to NRS 636.325, the Board may discipline a licensee for a violation of any provision of this chapter or regulation adopted pursuant to this chapter in one or more of the following ways, with or without the imposition by the Board of a monetary penalty:
(a) Issuing a letter of public reprimand;
(b) Issuing an order to cease and desist;
(c) Issuing an order of probation for a specified period, with or without conditions;
(d) Issuing an order of suspension for a specified period, with or without conditions; or
(e) Issuing an order of revocation, with or without permission to apply for licensure at a future date.
[66:208:1955]—(NRS A 1985, 155; 1993, 2871; 2019, 3647)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.295 - Grounds.

The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
1. Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
2. Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.
3. An alcohol or other substance use disorder.
4. Gross incompetency.
5. Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.
6. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
7. Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.
8. Perpetration of unethical or unprofessional conduct in the practice of optometry.
9. Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.
10. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
This subsection applies to an owner or other principal responsible for the operation of the facility.
11. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
12. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule III or IV.
13. Any violation of a state or federal law or regulation relating to or involving the practice of optometry, including, without limitation, a violation relating to:
(a) The organizational structure or control of any optometric practice or entity;
(b) The maintenance, availability or distribution of any medical record of a patient;
(c) The improper disclosure of any protected information of a patient; and
(d) Fraud.
[67:208:1955]—(NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790, 2871; 2003, 2711; 2009, 890; 2011, 263, 854; 2015, 123, 1176; 2017, 4429; 2019, 2207, 3647, 3892)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.296 - Inspection of premises by Board.

A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices optometry and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing optometry without a license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2231)
2023 Nevada Revised Statutes › Chapter 636 - Optometry › NRS 636.300 - Unethical or unprofessional conduct: Improper association or use of prescription blanks.

The following acts, among others, constitute unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person not licensed to practice optometry in this State to assist the person in such practice or enabling the person to engage therein, except as authorized in NRS 636.347.
3. Signing the prescription blanks of another person or allowing another person to use his or her prescription blanks.
[68:208:1955]—(NRS A 1961, 760; 1973, 536; 1979, 952; 1981, 595; 1985, 1919; 1993, 2872; 1995, 2564; 2019, 3649)