USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 636 - OPTOMETRY
The practice of optometry is
hereby declared to be a learned profession, affecting public safety and
welfare and charged with the public interest, and therefore subject to
protection and regulation by the State.
[1:208:1955]
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 636.016
to 636.024 , inclusive, have the meanings ascribed to them
in those sections.
[7:208:1955]—(NRS A 1979, 951; 1983, 731; 1985, 154, 1918; 1993,
2864; 1995, 1033)
“Advertise” means the commercial
use of any medium, including, but not limited to, the radio or
television, or a newspaper, magazine, sign or other printed matter, by an
optometrist to bring the services or materials offered by the optometrist
to the attention of members of the general public.
(Added to NRS by 1993, 2864)
“Board” means the Nevada State Board
of Optometry.
(Added to NRS by 1993, 2864)
“Contact lens” means an
ophthalmic lens prescribed for application on the anterior surface of the
eye.
(Added to NRS by 1993, 2864)
“Diagnostic pharmaceutical agents” means topical ophthalmic anesthetics
and topical cycloplegics, miotics and mydriatics.
(Added to NRS by 1993, 2864)
“Ophthalmic lens” means a
refractive or nonrefractive device for the correction or relief of or
remedy for an abnormal condition or inefficiency of the eye or visual
process. The term includes a spectacle lens, a contact lens and a
protective lens.
(Added to NRS by 1993, 2864)
“Prescription” means:
1. An order given individually for the person for whom prescribed,
directly from a licensed optometrist who is certified to prescribe and
administer therapeutic pharmaceutical agents pursuant to NRS 636.288
, or his agent, to a pharmacist or
indirectly by means of an order signed by the licensed optometrist or an
electronic transmission from the licensed optometrist to a pharmacist; or
2. A written direction from a licensed optometrist to:
(a) Prepare an ophthalmic lens for a patient; or
(b) Dispense a prepackaged contact lens that does not require any
adjustment, modification or fitting.
(Added to NRS by 1993, 2864; A 1997, 1257; 1999, 1914 )
“Spectacle lens” means an
ophthalmic lens with refractive properties prescribed for application in
front of, but not touching, the eye.
(Added to NRS by 1993, 2864)
“Therapeutic pharmaceutical agent” means:
1. A topical medication;
2. An oral antibiotic;
3. An oral medication for allergies that does not contain
steroids; or
4. An analgesic of hydrocodone with compounds, codeine with
compounds or propoxyphene with compounds,
Ê approved by the Food and Drug Administration for the treatment of
abnormalities of the eye or its appendages.
(Added to NRS by 1995, 1032; A 1999, 1914 )
1. The acts set forth in this section, or any of them, whether
done severally, collectively or in combination with other acts that are
not set forth in this section constitute practice in optometry within the
purview of this chapter:
(a) Advertisement or representation as an optometrist.
(b) Adapting, or prescribing or dispensing, without prescription by
a practitioner of optometry or medicine licensed in this State, any
ophthalmic lens, frame or mounting, or any part thereof, for correction,
relief or remedy of any abnormal condition or insufficiency of the eye or
any appendage or visual process. The provisions of this subsection do not
prevent an optical mechanic from doing the mere mechanical work of
replacement or duplication of the ophthalmic lens or prevent a licensed
dispensing optician from engaging in the practice of ophthalmic
dispensing.
(c) The examination of the human eye and its appendages, the
measurement of the powers or range of human vision, the determination of
the accommodative and refractive states of the eye or the scope of its
function in general, or the diagnosis or determination of any visual,
muscular, neurological, interpretative or anatomic anomalies or
deficiencies of the eye or its appendages or visual processes.
(d) Prescribing, directing the use of or using any optical device
in connection with ocular exercises, orthoptics or visual training.
(e) The prescribing of contact lenses.
(f) The measurement, fitting or adaptation of contact lenses to the
human eye except under the direction and supervision of a physician,
surgeon or optometrist licensed in the State of Nevada.
(g) The topical use of diagnostic pharmaceutical agents to
determine any visual, muscular, neurological, interpretative or anatomic
anomalies or deficiencies of the eye or its appendages or visual
processes.
(h) Prescribing, directing the use of or using a therapeutic
pharmaceutical agent to treat an abnormality of the eye or its appendages.
(i) Removing a foreign object from the surface or epithelium of the
eye.
(j) The ordering of laboratory tests to assist in the diagnosis of
an abnormality of the eye or its appendages.
2. The provisions of this section do not authorize an optometrist
to engage in any practice which includes:
(a) The incision or suturing of the eye or its appendages; or
(b) The use of lasers for surgical purposes.
[2:208:1955]—(NRS A 1961, 758; 1979, 952; 1995, 1033; 1999, 1914
)
NEVADA STATE BOARD OF OPTOMETRY
The Nevada State Board of
Optometry, consisting of four members appointed by the Governor, is
hereby created.
[8:208:1955] + [9:208:1955]—(NRS A 1977, 1254)
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:
(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.
3. The member who is a representative of the general public shall
not participate in preparing, conducting or grading any examination
required by the Board.
[15:208:1955]—(NRS A 1977, 1254; 2003, 1194 )
Unless his membership has become
vacant prior to the expiration of his term, a member shall hold office
for the term of his appointment and until his successor is appointed and
qualified.
[17:208:1955]
1. Each member of the Board is entitled to receive:
(a) A salary of not more than $80 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)
1. Within a reasonable time after the appointment of a new member,
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 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 additional compensation for performing those duties.
[19:208:1955]—(NRS A 1993, 2865)
1. The Executive Director shall, before undertaking his duties,
make and deliver to the Governor a good and sufficient bond payable to
the State of Nevada for the benefit of the Board, in the amount
designated by the Board, conditioned upon the faithful performance of his
duties as Executive Director. The Executive Director shall file a copy of
the bond with the Board.
2. The Executive Director shall receive, maintain and disburse
money on behalf of the Board and shall perform all duties imposed upon
him 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)
1. The Board may employ:
(a) Agents and inspectors to secure evidence of, and report on,
violations of this chapter.
(b) Attorneys, investigators and other professional consultants and
clerical personnel necessary to administer this chapter.
2. The Attorney General may act as counsel for the Board.
[23:208:1955] + [24:208:1955]—(NRS A 1963, 154)
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)
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)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 154)
1. The Executive Director shall make and keep:
(a) A record of all meetings and proceedings of the Board.
(b) A record of all prosecutions and violations of this chapter.
(c) A record of the results of all examinations of applicants.
(d) A register of all licensees.
(e) An inventory of all property of the Board and all property of
the State in the Board’s possession.
2. Except as otherwise provided in NRS 636.107 , records of the Board are subject to public
inspection.
3. All records of the Board must be kept in the office of the
Board.
[32:208:1955]—(NRS A 1993, 2866; 2003, 3450 )
1. Except as otherwise provided in this section, 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.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
(Added to NRS by 2003, 3450 )
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 or savings and loan associations 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 or savings and loan associations 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
)
Once each year, the Board shall prepare and distribute to all licensees
a roster containing their names and addresses.
[36:208:1955]—(NRS A 1993, 2866)
The Board may adopt rules and
regulations necessary to carry out the provisions of this chapter.
[34:208:1955]—(NRS A 1985, 155; 1993, 2866)
The Board may grant or refuse licenses after
examination and discipline licensees for any of the causes specified in
this chapter.
[27:208:1955]—(NRS A 1983, 732; 1985, 155)
The
Board shall accredit schools in and out of this State teaching the
science and art of optometry which it finds are giving a sufficient and
thorough course of study for the preparation of optometrists.
[22:208:1955]
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)
The Board shall establish within the limits
prescribed a schedule of fees for the following purposes:
Not less than Not more than
Examination................................................................
........... $100 $500
Reexamination..............................................................
........... 100 500
Issuance of each license or duplicate license.....................
35 75
Renewal of each license or duplicate license.....................
100 500
Issuance of a license for an extended clinical facility.......
100 500
Issuance of a replacement renewal card for a license........
10 50
[87:208:1955]—(NRS A 1961, 759; 1967, 205; 1973, 536; 1977, 613;
1983, 232, 733; 1993, 1192)
EXAMINATIONS AND ADMISSION TO PRACTICE
No person shall
engage in the practice of optometry in this State unless:
1. He has obtained a license pursuant to the provisions of this
chapter; and
2. Except for the year in which such license was issued, he holds
a current renewal card for the license.
[37:208:1955]—(NRS A 1993, 2866)
Any person
applying for a license to practice optometry in this State must:
1. File proof of his qualifications;
2. Make application for an examination;
3. Take and pass the examination;
4. Pay the prescribed fees; and
5. Verify that all the information he 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)
An applicant
must file with the Executive Director satisfactory proof that the
applicant:
1. Is at least 21 years of age;
2. Is a citizen of the United States or is lawfully entitled to
reside and work in this country;
3. Is of good moral character;
4. Has been certified or recertified as completing a course of
cardiopulmonary resuscitation within the 12-month period immediately
preceding the examination for licensure; and
5. Has graduated from a school of optometry accredited by the
established professional agency and the Board, maintaining a standard of
6 college years, and including, as a prerequisite to admission to the
courses in optometry, at least 2 academic years of study in a college of
arts and sciences accredited by the Association of American Universities
or a similar regional accrediting agency.
[39:208:1955]—(NRS A 1969, 98; 1977, 1565; 1993, 2867)
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice
optometry shall include the social security number of the applicant in
the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to
practice optometry shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice optometry may not be issued or renewed by
the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2136; A 2005, 2735 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to
practice optometry shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice optometry may not be issued or renewed by
the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2136; A 2005, 2735 , 2736 , 2807 , effective on the date of the repeal of
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)
A written application
for examination must be:
1. Made on a form furnished by the Board or the testing agency
that has been designated by the Board to conduct its examinations;
2. Mailed to the Executive Director or the testing agency;
3. Postmarked on or before the deadline established by the Board
or the testing agency; and
4. Accompanied by the required fee.
[40:208:1955]—(NRS A 1973, 536; 1993, 2867)
The
Board shall:
1. Conduct a regular annual examination, and may conduct a special
examination when it deems that circumstances warrant such examination.
2. Fix and announce the time and place of any examination at least
30 days prior to the day when it is to be commenced.
[42:208:1955] + [43:208:1955]
An examinee shall
take to the room in which he is to be examined only the instruments or
equipment that are required by the Board or the testing agency that has
been designated by the Board to conduct its examinations.
[44:208:1955]—(NRS A 1993, 2868)
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;
3. Be prepared and administered by the Board or a testing agency
that has been designated by the Board to conduct its examinations; and
4. Be conducted in the English language.
[45:208:1955]—(NRS A 1993, 2868)
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)
A grade of 75 or
higher for each area tested on the examination is required to pass an
examination.
[47:208:1955]—(NRS A 1993, 2869)
An examinee who did not
receive the grade required to pass an examination may submit a written
request for reexamination to the Board or to the testing agency
designated by the Board to conduct its examinations. Such a request must
be:
1. Mailed to the Executive Director or the testing agency;
2. Postmarked on or before the deadline established by the Board
or testing agency; and
3. Accompanied by the required fee.
[48:208:1955]—(NRS A 1993, 2869)
An examinee whose request for
reexamination has been granted may, at the discretion of the Board or the
testing agency designated by the Board to conduct its examinations, be
required to retake:
1. The entire examination; or
2. Only the section or sections of the examination on which he did
not receive the grade required to pass.
[49:208:1955]—(NRS A 1993, 2869)
The Board shall
execute a license for each person who has satisfied the requirements of
NRS 636.150 and submitted all
information 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. Be signed by each member of the Board.
[52:208:1955]—(NRS A 1983, 732; 1993, 2869; 1997, 2137; 2005, 2737
, 2807 )
The license must be issued and
delivered by the Executive Director to the licensee upon payment to the
Executive Director of the prescribed fee.
[53:208:1955]—(NRS A 1993, 2869)
EXTENDED CLINICAL FACILITIES FOR THE TREATMENT OF VISUAL DISORDERS
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 for only 1 year unless renewed by the Board.
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 academic qualifications and any licenses
which entitle him 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 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)
ANNUAL RENEWAL OF LICENSES
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 year.
[55:208:1955]—(NRS A 1993, 2870)
The Executive
Director shall mail a notice of renewal to each licensee before February
1 of each 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)
1. Before March 1 of each year, each licensee shall pay a renewal
fee to the Executive Director in the amount specified in 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 12-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 24 hours of continuing education during
each year. The Board may waive the requirement that a licensee complete
all or part of the required number of hours of continuing education upon
good cause shown by the licensee.
3. A licensee who is certified to administer and prescribe
therapeutic pharmaceutical agents pursuant to NRS 636.288 must, at the time he pays the renewal fee,
present evidence satisfactory to the Executive Director that, during the
12 months immediately preceding the payment of the renewal fee, he
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 30 hours nor more than 50 hours.
[57:208:1955]—(NRS A 1973, 720; 1993, 2870; 1995, 1034)
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 his license has been renewed for a
12-month period beginning March 1 of each 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 and sealed with the
seal of the Board.
[58:208:1955]—(NRS A 1993, 2871; 1997, 2137; 2005, 2737 , 2807 )
If a licensee fails to comply with the
provisions of NRS 636.260 on or before
the prescribed date, his license must be suspended effective March 1, and
must remain suspended until it is restored in the manner specified in NRS
636.275 .
[59:208:1955]—(NRS A 1975, 1302; 1993, 2871)
1. A license which has been suspended for failure of the licensee
to pay the annual renewal fee or to submit all information required to
complete the renewal may be restored at any time during the calendar year
upon the licensee:
(a) Paying the annual fee;
(b) Paying the Executive Director a nonrenewal penalty in the
amount prescribed by NRS 636.285 ; and
(c) Submitting all required information.
2. A license which has been suspended for failure of the licensee
to submit evidence of completion of the required number of hours of
continuing education may be restored upon the licensee completing the
continuing education, if such completion occurs during the calendar year
in which the suspension has occurred.
3. Any license suspended pursuant to the provisions of NRS 636.270
must be revoked at the end of the
calendar year during which it was suspended unless the license is
restored pursuant to subsection 1 or 2.
[60:208:1955]—(NRS A 1975, 1302; 1993, 2871; 1997, 2138; 2005, 2737
, 2807 )
The Board shall
establish a penalty for failure to renew a license of not less than $100
and not more than $500.
[88:208:1955]—(NRS A 1973, 536; 1983, 233; 1993, 1193)
CERTIFICATION TO ADMINISTER AND PRESCRIBE THERAPEUTIC PHARMACEUTICAL
AGENTS
An optometrist
shall not administer or prescribe a therapeutic pharmaceutical agent
unless he has obtained a certificate pursuant to NRS 636.288 .
(Added to NRS by 1995, 1032)
The Board shall adopt regulations which prescribe the
requirements for certification to administer and prescribe therapeutic
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 on or after January 1, 1993, 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 therapeutic
pharmaceutical agents in a training program which is conducted by an
ophthalmologist and approved by the Board.
(Added to NRS by 1995, 1032)
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 therapeutic 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)
An optometrist who is certified to
administer and prescribe a therapeutic pharmaceutical agent pursuant to
NRS 636.288 shall not prescribe an
analgesic of hydrocodone with compounds, codeine with compounds or
propoxyphene with compounds unless he:
1. Has completed an optometric examination of the patient for whom
the therapeutic pharmaceutical agent is prescribed;
2. Prescribes the therapeutic pharmaceutical agent in an amount
that will not last more than 72 hours; and
3. Sets forth in the prescription for the therapeutic
pharmaceutical agent that the prescription may not be refilled.
(Added to NRS by 1999, 1913 )
CERTIFICATION TO TREAT GLAUCOMA
1. An optometrist shall not treat a person diagnosed with glaucoma
unless he has been issued a certificate by the Board pursuant to NRS
636.2895 .
2. An optometrist who has been issued a certificate to treat
persons diagnosed with glaucoma pursuant to NRS 636.2895 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 malignant glaucoma or
neovascular glaucoma.
(c) The patient has been diagnosed with acute closed angle
glaucoma. The provisions of this paragraph do not prohibit the
optometrist from administering appropriate emergency treatment to the
patient.
(d) The patient’s glaucoma is caused by diabetes, and, after joint
consultation with a physician who is treating the diabetes and an
ophthalmologist, the physician or ophthalmologist determines that the
patient should be treated by an ophthalmologist. If an optometrist
determines that a patient’s glaucoma is caused by diabetes, he shall
consult with a physician and ophthalmologist in the manner provided in
this paragraph.
(Added to NRS by 1999, 1913 )
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 on or after January 1, 1993, or an equivalent
examination approved by the Board; and
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.
(Added to NRS by 1999, 1914 ; A 2003, 511 )
The Board shall issue a
certificate to treat persons diagnosed with glaucoma to each optometrist
who has complied with the requirements prescribed by the Board pursuant
to NRS 636.2893 .
(Added to NRS by 1999, 1914 )
DISCIPLINARY ACTION
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.
[66:208:1955]—(NRS A 1985, 155; 1993, 2871)
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. Affliction of the licensee with any communicable disease likely
to be communicated to other persons.
2. Commission by the licensee of a felony relating to the practice
of optometry or a gross misdemeanor involving moral turpitude of which he
has been convicted and from which he 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.
3. Conviction of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
4. Commission of fraud by or on behalf of the licensee in
obtaining his license or a renewal thereof, or in practicing optometry
thereunder.
5. Habitual drunkenness or addiction to any controlled substance.
6. Gross incompetency.
7. Affliction with any mental or physical disorder or disturbance
seriously impairing his competency as an optometrist.
8. Making false or misleading representations, by or on behalf of
the licensee, with respect to optometric materials or services.
9. Practice by the licensee, or attempting or offering so to do,
while he is in an intoxicated condition.
10. Perpetration of unethical or unprofessional conduct in the
practice of optometry.
11. Any violation of the provisions of this chapter or any
regulations adopted pursuant thereto.
[67:208:1955]—(NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790,
2871; 2003, 2711 )
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 him in such
practice or enabling him to engage therein, except as authorized in NRS
636.347 .
3. Signing the prescription blanks of another optometrist or
allowing another optometrist to use his prescription blanks.
4. Except as otherwise provided in NRS 636.372 and 636.373 ,
practicing in or on premises where any materials other than those
necessary to render optometric examinations or services are dispensed to
the public, or where a business is being conducted not exclusively
devoted to optometry or other healing arts and materials or merchandise
are displayed having no relation to the practice of optometry or other
healing arts.
[68:208:1955]—(NRS A 1961, 760; 1973, 536; 1979, 952; 1981, 595;
1985, 1919; 1993, 2872; 1995, 2564)
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 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 )
The following acts, among others, constitute unethical or
unprofessional conduct:
1. Making a house-to-house canvass, either in person or by another
person, for advertising, selling or soliciting the sale of eyeglasses,
frames, lenses, mountings, or optometric examinations or services.
2. Circulating or publishing, directly or indirectly, any false,
fraudulent or misleading statement as to optometric materials or
services, his method of practice or skill, or the method of practice or
skill of any other licensee.
3. Advertising in any manner that will tend to deceive, defraud or
mislead the public.
4. Advertising, directly or indirectly, free optometric
examinations or services.
(Added to NRS by 1985, 1917; A 1993, 2872)
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)
[Expires by limitation 2 years after the date of the repeal of 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 )
A complaint may be made against a
licensee by:
1. An agent or inspector employed by the Board;
2. Any other licensee; or
3. Any aggrieved person,
Ê charging one or more of the causes for disciplinary action with such
particularity as to enable the defendant licensee to prepare a defense.
[69:208:1955]—(NRS A 1985, 156)
A complaint must be made in writing and signed and verified by the
person making it. The original complaint and two copies must be filed
with the Executive Director.
[70:208:1955]—(NRS A 1993, 2873)
1. As soon as practicable after the filing of a complaint, the
Board shall notify the licensee against whom the complaint is filed and
fix a date for its review of the complaint. If the Board receives a
report pursuant to subsection 5 of NRS 228.420 , a hearing must be held within 30 days after
receiving the report. The licensee must be allowed a reasonable amount of
time to respond to the allegations of the complaint. The Executive
Director shall notify the licensee of the time, date and place fixed for
the Board’s review of the complaint.
2. After reviewing the complaint, the Board shall dismiss the
complaint or file a formal charge against the licensee. If a formal
charge is filed, the Executive Director shall prepare the charge in
accordance with the Board’s regulations and send a copy to the licensee.
The licensee must be allowed a reasonable amount of time to file a
response to the charge.
3. Within a reasonable time after the Executive Director sends a
copy of the charge to the licensee, the Board shall fix the time, date
and place for a hearing and the Executive Director shall notify the
licensee thereof.
[71:208:1955]—(NRS A 1993, 791, 2873)
The hearing of a formal charge must be conducted publicly by the Board.
The licensee against whom the charge is filed must be accorded the right
to appear in person and by legal counsel, and given adequate opportunity
to confront the witnesses against him, to testify and introduce the
testimony of witnesses in his behalf, and to submit argument and brief in
person or by his counsel.
[72:208:1955]—(NRS A 1993, 2873)
1. Upon conclusion of the hearing, or waiver thereof by the
licensee against whom the charge is filed, the Board shall make and
announce its decision. If the Board determines that the allegations
included in the charge are true, it may take any one or more of the
following actions:
(a) Publicly reprimand the licensee;
(b) Place the licensee on probation for a specified or unspecified
period;
(c) Suspend the licensee from practice for a specified or
unspecified period;
(d) Revoke the licensee’s license; or
(e) Impose an administrative fine pursuant to the provisions of NRS
636.420 .
Ê The Board may, in connection with a reprimand, probation or suspension,
impose such other terms or conditions as it deems necessary.
2. If the Board determines that the allegations included in the
charge are false or do not warrant disciplinary action, it shall dismiss
the charge.
3. The Board shall not privately reprimand a licensee.
4. 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 )
If the Board makes a
decision which is adverse to the licensee, he may apply for a rehearing
within 10 days after the Board announces its decision. The Board shall
grant or deny the application within a reasonable time thereafter.
[74:208:1955]—(NRS A 1985, 156; 1993, 2874)
If
the Board grants a rehearing, the Executive Director shall, as soon as is
reasonably possible, notify the licensee of the time, date and place of
the rehearing. The rehearing must be conducted in the same manner as the
former hearing. Upon conclusion of the rehearing, or as soon as is
reasonably possible, the Board shall make and announce its decision.
[75:208:1955]—(NRS A 1993, 2874)
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. Any party aggrieved by a decision of the officer or panel
to revoke or suspend a license may appeal that decision to the Board.
(Added to NRS by 1983, 1536)
[Effective until the date 2 years after the date of the repeal of 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 6 months
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 )
[Effective on the date 2 years after the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.] On or after the expiration of 6 months 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 , effective on the date 2 years after the
date of the repeal of 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.)
RIGHTS, DUTIES AND PROTECTION OF LICENSEES
A licensee shall be
authorized and entitled to practice optometry in this State subject to
the provisions of this chapter.
[77:208:1955]
1. No licensee may be employed by or contract with a health
maintenance organization to provide services therefor unless he 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)
1. An optometrist shall not practice optometry under an assumed or
fictitious name unless he has been issued a certificate of registration
by the Board to practice optometry under an assumed or fictitious name.
2. An optometrist who applies for a certificate of registration to
practice optometry under an assumed or fictitious name must submit to the
Board an application on a form provided by the Board.
3. Each optometrist who is issued a certificate of registration
pursuant to this section shall:
(a) Comply with the provisions of chapter 602 of NRS; and
(b) Display or cause to be displayed near the entrance of his
business his full name and the words or letters that designate him 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 that is not the real name of each person who owns an interest in a
business.
[82:208:1955]—(NRS A 1999, 1915 )
A
licensee shall not be entitled to lend, sell, or otherwise dispose or
permit the unauthorized use of his license or current renewal card.
[78:208:1955]
Each holder of
an optometry license, or an optometry license and renewal card, shall
post the license or both the license and renewal card in a prominent
place at the location for which it was issued.
[80:208:1955]—(NRS A 1993, 2874)
The
Board or the Executive Director may issue a duplicate license and renewal
card if a licensee maintains more than one place of practice.
[26:208:1955]—(NRS A 1993, 2874)
1. A person who has been issued his 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 he intends to
practice.
2. A licensee shall notify the Executive Director in writing
before changing the location of his practice.
[79:208:1955]—(NRS A 1993, 2874)
1. 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 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 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 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.
(Added to NRS by 1993, 2864; A 1995, 2565)
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 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. This section does not authorize an optometrist to employ or be
employed by a physician.
(Added to NRS by 1995, 2564)
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; and
3. 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 and
ophthalmology are respectively regulated by the Nevada State Board of
Optometry and the Board of Medical Examiners; and
(2) Contains the address and telephone number of each of
those Boards.
(Added to NRS by 2001, 1000 )
Any notice
required to be given by the Board or the Executive Director to a licensee
may be transmitted by ordinary first-class, certified or registered mail,
postage prepaid, addressed to the licensee at the location listed by the
Executive Director for that licensee.
[29:208:1955]—(NRS A 1969, 95; 1993, 2875)
A licensee shall be entitled
fairly, ethically and truthfully to advertise the practice of optometry.
[81:208:1955]
1. No licensed optometrist may administer topical ophthalmic
pharmaceutical agents unless he has received certification from the Board
authorizing him to do so.
2. The Board shall adopt regulations prescribing the diagnostic
uses to which the agents enumerated in subsection 3 may be put, the
manner in which such agents may be used, and the qualifications and
requirements for such certification which must include:
(a) A valid license to practice optometry in this State;
(b) Satisfactory completion of a curriculum approved by the Board,
which must include general and ocular pharmacology, at an institution
approved by the Board and accredited by a regional or professional
accrediting organization and recognized or approved by the Council on
Post-Secondary Accreditation, the Northwest Accreditation Association or
the United States Department of Education; and
(c) Successful completion of an appropriate examination approved
and administered by the Board.
3. The following topical ophthalmic pharmaceutical agents may be
used for diagnostic purposes by an optometrist who has been authorized by
the Board to do so:
(a) Mydriatics;
(b) Cycloplegics;
(c) Topical anesthetics; and
(d) Miotics.
(Added to NRS by 1979, 950; A 1983, 150; 1993, 2875)
1. No state, county or municipal agency, board, commission or
institution, including public schools, in the performance of its duties,
shall in any way show any discrimination between ocular practitioners.
2. All such agencies, boards, commissions and institutions,
including public schools, shall honor ocular reports or other
professional services and pay for services performed by legally qualified
and licensed optometrists in the same manner as they honor reports and
pay for services performed by other professions in the State of Nevada.
[6:208:1955]
1. The form for any prescription which is issued for an ophthalmic
lens by an optometrist in this State must contain lines or boxes in
substantially the following form:
Approved for contact
lenses...........................................................
____________
Not approved for contact
lenses..................................................... ____________
2. The prescribing optometrist shall mark or check one of the
lines or boxes required by subsection 1 each time such a prescription is
issued by him.
3. If the prescription is for a contact lens, the form must set
forth the expiration date of the prescription, the number of refills
approved for the patient and such other information as is necessary for
the prescription to be filled properly.
4. The initial fitting of a contact lens must be performed by an
ophthalmologist or optometrist licensed in this State.
5. As used in this section, “initial fitting” means measuring the
health, integrity and refractive error of the eye to determine whether
contacts may be approved pursuant to subsection 1.
(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 512 )
APPLICABILITY OF CHAPTER
This chapter shall not be construed to apply to physicians and
surgeons duly licensed to practice in this State.
[Part 83:208:1955]
1. Except as provided in subsection 2, a person is exempt from the
provisions of this chapter regulating the practice of optometry if he is
engaged in a clinical program of a school or college of optometry
accredited by the Board and if the person is:
(a) 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; or
(b) Licensed to practice optometry in another state and is employed
as a clinician or instructor at such a school or college.
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)
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 out as competent to examine, test or
prescribe for the human eye or its refractive errors.
[Part 83:208:1955]
ENFORCEMENT AND PENALTIES
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)
The Board may
cause appropriate legal action to be taken in the district court of any
county to secure an injunction or order restraining the unauthorized
practice of optometry.
(Added to NRS by 1961, 758)
A violation of this chapter
shall constitute a gross misdemeanor and shall be punishable as such.
[86:208:1955]
Any person licensed under this
chapter who violates any provision of this chapter or any regulation of
the Board relating to the practice of optometry is liable to the Board
for an administrative fine of not less than $100 or more than $5,000.
(Added to NRS by 1973, 536; A 1983, 233; 1985, 23, 156; 1993, 1193)
