USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 637 - DISPENSING OPTICIANS
This chapter may be cited as the
Dispensing Opticians Act of 1951.
[1:216:1951]
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 637.021
to 637.024 , inclusive, have the meanings ascribed to them
in those sections.
[2:216:1951; A 1953, 554]—(NRS A 1961, 761; 1975, 549; 1977, 191;
1979, 1194; 1985, 534; 1987, 603)
“Board” means the Board of
Dispensing Opticians.
(Added to NRS by 1987, 601)
“Dispensing optician”
means a person engaged in the practice of ophthalmic dispensing.
(Added to NRS by 1987, 601)
1. “Ophthalmic dispensing” means the design, verification and
delivery to the intended wearer of lenses, frames and other specially
fabricated optical devices upon prescription.
2. The term includes:
(a) The taking of measurements to determine the size, shape and
specifications of the lenses, frames or contact lenses;
(b) The preparation and delivery of work orders to laboratory
technicians engaged in grinding lenses and fabricating eyewear;
(c) The verification of the quality of finished ophthalmic products;
(d) The adjustment of lenses or frames to the intended wearer’s
face or eyes;
(e) The adjustment, replacement, repair and reproduction of
previously prepared ophthalmic lenses, frames or other specially
fabricated ophthalmic devices; and
(f) The fitting of contact lenses and the dispensing of prepackaged
contact lenses pursuant to a written prescription, when done by a
dispensing optician or apprentice dispensing optician who is authorized
to do so pursuant to the provisions of this chapter.
3. The term does not include any act for which a license is
required pursuant to chapter 630 or 636
of NRS, and the provisions of this chapter do
not authorize a dispensing optician or apprentice dispensing optician to
perform any such act.
(Added to NRS by 1987, 601; A 2003, 2011 )
“Prescriber” means a physician
or optometrist authorized to examine eyes and prescribe therapeutic or
corrective lenses.
(Added to NRS by 1987, 602)
“Prescription” means a
direction from a licensed prescriber to:
1. Prepare therapeutic or corrective lenses; or
2. Dispense a prepackaged contact lens that does not require any
adjustment, modification or fitting.
(Added to NRS by 1987, 602; A 1997, 1258)
“Supervision” means the
provision of individual direction, control, inspection and evaluation of
work.
(Added to NRS by 1987, 602)
The provisions of this chapter do not
apply to:
1. Ophthalmic dispensing personally by a licensed physician,
surgeon or optometrist unless exclusively engaged in the business of
filling prescriptions.
2. Ophthalmic dispensing by an employee of a licensed physician,
surgeon or optometrist if the employee practices ophthalmic dispensing
only under the direct supervision of the licensed physician, surgeon or
optometrist and only as an assistant to the licensed physician, surgeon
or optometrist.
3. A licensed pharmacist dispensing prepackaged contact lenses
pursuant to the provisions of NRS 639.2825 .
4. The sale of goggles, sunglasses, colored glasses or
occupational protective eye devices not having a refractive value, or the
sale as merchandise of complete ready-to-wear eyeglasses.
[13:216:1951]—(NRS A 2003, 2012 )
BOARD OF DISPENSING OPTICIANS
1. The Board of Dispensing Opticians, consisting of five members
appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who have actively engaged in the practice of
ophthalmic dispensing for not less than 3 years in the State of Nevada
immediately preceding the appointment.
(b) One member who is a representative of the general public. This
member must not be:
(1) A dispensing optician; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a dispensing optician.
3. The Governor, after hearing, may remove any member for cause.
4. The member who is the representative of the general public
shall not participate in preparing, conducting or grading any examination
required by the Board.
[Part 10:216:1951; A 1953, 554]—(NRS A 1977, 1255; 1979, 1195;
2003, 1195 )
1. The Board shall elect a President, Vice President, Secretary
and Treasurer from its membership.
2. Any member of the Board may:
(a) Issue subpoenas to compel attendance of witnesses to testify
before the Board. Subpoenas must issue under the seal of the Board and
must be served in the same manner as subpoenas issued out of the district
court.
(b) Administer oaths in taking testimony in any matter pertaining
to the duties of the Board.
[Part 11:216:1951; A 1953, 554]—(NRS A 1987, 603)
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.
(Added to NRS by 1963, 154; A 1975, 305, 549; 1981, 1993; 1985,
444; 1989, 911, 1700)
1. The principal office of the Board is the place of business or
employment of the Secretary of the Board, but it may maintain offices in
as many localities in the State as it finds necessary to carry out the
provisions of this chapter, and may meet or conduct any of its business
at any place in the State.
2. The Board shall meet at least once in the fall of each year on
a date determined by the Board, at which time candidates applying for
licensing must be examined and their qualifications determined.
3. In addition to the meeting required by subsection 2, the Board
may hold such other meetings as it may deem advisable. The time and place
of all such meetings must be determined by the Board.
[Part 4:216:1951; R 1953, 554; new section added 1953, 554] + [Part
11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1979, 1195; 1983, 1448; 1987,
603)
1. Except as otherwise provided in subsection 3, all money
received by the Board under the provisions of this chapter must be
deposited in banks, credit unions or savings and loan associations in the
State of Nevada. The money may be drawn on by the Board for payment of
all expenses incurred in the administration of the provisions of this
chapter.
2. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect administrative fines therefor and
deposit the money therefrom in banks, credit unions 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 with the
State Treasurer for credit to the State General Fund, it may present a
claim to the State Board of Examiners for recommendation to the Interim
Finance Committee if money is needed to pay attorney’s fees or the costs
of an investigation, or both.
[Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 1983, 1537; 1999,
1534 ; 2005, 771 )
1. The Board may adopt such rules and regulations as it may deem
necessary to carry out the provisions of this chapter.
2. The Board shall have a common seal of which all courts of this
State shall take judicial notice.
3. The Board may empower any member to conduct any proceeding,
hearing or investigation necessary to its purposes.
4. The Board may employ and fix the compensation of attorneys,
investigators and other professional consultants and such other employees
and assistants as it may deem necessary to carry out the provisions of
this chapter.
[Part 10:216:1951; A 1953, 554] + [Part 11:216:1951; A 1953,
554]—(NRS A 1963, 155)
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)
Before September
1 of each even-numbered year, for the biennium ending June 30 of such
year, the Board shall submit to the Attorney General a written report.
The report must include:
1. The names of all dispensing opticians to whom licenses have
been granted as provided in this chapter.
2. Any cases heard and decisions rendered by the Board.
3. The recommendations of the Board as to future policies.
Ê Each member of the Board shall review and sign the report before it is
submitted to the Attorney General.
[Part 11:216:1951; A 1953, 554]—(NRS A 1969, 1459; 1979, 1196)
1. Except as otherwise provided in this section, all applications
for licensure, financial records of the Board and records of hearings and
any order or decision of the Board or a panel must be open to the public.
2. Except as otherwise provided in this section, the following may
be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in
support of or to verify the contents of an application.
(b) Any report concerning the fitness of any person to receive or
hold a license to practice ophthalmic dispensing.
(c) Any communication between:
(1) The Board and any of its committees or panels; and
(2) The Board or its staff, investigators, experts,
committees, panels, hearing officers, advisory members or consultants and
counsel for the Board.
(d) Any other information or records in the possession of the Board.
3. 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 against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
4. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
5. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1987, 602; A 2003, 3451 ; 2005, 771 )
Repealed. (See chapter 225, Statutes of Nevada
2005, at page 807 .)
LICENSING
A
person shall not engage in the practice of ophthalmic dispensing or
manage a business engaged in ophthalmic dispensing without holding a
valid, active license issued as provided by this chapter.
[3:216:1951; A 1953, 554]—(NRS A 1979, 1196; 1987, 604)
1. To qualify for examination and licensing as a dispensing
optician, an applicant must furnish proof that he:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States, or is lawfully entitled to
remain and work in the United States.
(d) Is a graduate of an accredited high school or its equivalent.
(e) Has passed the examination of the American Board of Opticianry.
(f) Has done either of the following:
(1) Served as an apprentice dispensing optician for not less
than 3 years in an optical establishment where prescriptions for
spectacles or contact lenses from given formulae are fitted and filled
under the direct supervision of a licensed dispensing optician, licensed
ophthalmologist or licensed optometrist for the purpose of acquiring
experience in ophthalmic dispensing and has passed an educational program
on the theory of ophthalmic dispensing approved by the Board; or
(2) Successfully completed a course of study in a school
which offers a degree of associate in applied science for studies in
ophthalmic dispensing approved by the Board and has had 1 year of
ophthalmic experience as an apprentice dispensing optician under the
direct supervision of a licensed dispensing optician, licensed
ophthalmologist or licensed optometrist.
(g) Has done all of the following:
(1) Successfully completed a course of instruction on the
fitting of contact lenses approved by the Board;
(2) Completed at least 100 hours of training and experience
in the fitting of and filling of prescriptions for contact lenses under
the direct supervision of a licensed dispensing optician authorized to
fit and fill prescriptions for contact lenses, a licensed ophthalmologist
or a licensed optometrist;
(3) Passed the Contact Lens Registry Examination of the
National Committee of Contact Lens Examiners; and
(4) Passed the practical examination on the fitting of and
filling of prescriptions for contact lenses adopted by the Board.
2. The Board shall adopt regulations to carry out the provisions
of this section, including, without limitation, regulations that
establish requirements for:
(a) The program of apprenticeship for apprentice dispensing
opticians;
(b) The training and experience of apprentice dispensing opticians;
and
(c) The issuance of licenses to apprentice dispensing opticians.
[Part 4:216:1951; R 1953, 554; new section added 1953, 554]—(NRS A
1971, 220; 1975, 549; 1977, 1566; 1979, 603, 1196; 1989, 911; 2003, 2012
)
1. An application for the issuance of a license as an apprentice
dispensing optician must be accompanied by a fee of not more than $250 to
cover the costs of the Board and the initial licensing.
2. An application for the issuance of a license as a dispensing
optician must be accompanied by a fee of not more than $500 to cover the
cost of the examination by the Board and the initial licensing.
3. The Board shall, if it approves an application for the issuance
of a license as a dispensing optician, examine the applicant in
ophthalmic dispensing, except that the Board may waive the examination of
an applicant who is, at the time of application, licensed as a dispensing
optician in another state.
4. To pass the examination for the issuance of a license as a
dispensing optician, an applicant must achieve a score of at least 70
percent.
[Part 4:216:1951; R 1953, 554; new section added 1953, 554] + [Part
6:216:1951; A 1953, 554]—(NRS A 1975, 550; 1979, 1196; 1981, 1342; 1987,
604; 1989, 911; 1997, 2139; 2003, 2013 , 2017 )
[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 as a dispensing
optician or apprentice dispensing optician 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 as a
dispensing optician or apprentice dispensing optician 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 as a dispensing optician or apprentice dispensing
optician 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, 2138; A 2003, 2013 ; 2005, 2737 , 2807 , 2816 )
[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 as a
dispensing optician or apprentice dispensing optician 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 as a dispensing optician or apprentice dispensing
optician 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, 2138; A 2003, 2013 ; 2005, 2737 , 2738 , 2807 , 2816 , 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)
The Board shall maintain records pertaining to applicants to
whom licenses have been issued or denied. These records must be open to
the public and must include:
1. The name of each applicant.
2. The name of the school granting the diploma to the applicant.
3. The date of the diploma.
4. The business address of the applicant.
5. The date of issuance or denial of the license.
6. The current status of the license.
(Added to NRS by 1987, 602)
1. The Board shall issue a license as a dispensing optician to
each applicant who satisfies the requirements of this chapter for the
issuance of the license.
2. A license as a dispensing optician authorizes the holder to
engage in the practice of ophthalmic dispensing and must at all times be
conspicuously displayed at the holder’s place of practice. The license is
not transferable by the holder.
3. The Board may, upon application and the payment of a fee not to
exceed $100, issue one duplicate license.
[Part 6:216:1951; A 1953, 554]—(NRS A 1979, 1197; 1987, 604; 1989,
912; 2003, 2014 )
1. Except as otherwise provided in this section, a limited license
as a dispensing optician authorizes the licensee to engage in the
practice of ophthalmic dispensing pursuant to this chapter.
2. Only a person who is deemed to hold an active, inactive or
delinquent limited license as a dispensing optician on February 1, 2004,
may hold a limited license as a dispensing optician. A limited license as
a dispensing optician may not be issued to any other person.
3. A person practicing ophthalmic dispensing pursuant to a limited
license:
(a) Except as otherwise provided in this section, is subject to the
provisions of this chapter in the same manner as a person practicing
ophthalmic dispensing pursuant to a license issued pursuant to NRS
637.120 , including, without limitation,
the provisions of this chapter governing the renewal or reactivation of a
license; and
(b) Shall not sell, furnish or fit contact lenses.
4. A limited license as a dispensing optician:
(a) Expires on January 31 of each year.
(b) May be renewed before its expiration upon:
(1) Presentation of proof of completion of the continuing
education required by this section; and
(2) Payment of a renewal fee set by the Board of not more
than $200.
(c) Except as otherwise provided in subsection 5, is delinquent if
it is not renewed before January 31 of each year. Such a delinquent
limited license may be reinstated, at the discretion of the Board, upon
payment of each applicable annual renewal fee in addition to the annual
delinquency fee set by the Board of not more than $500.
5. Upon written request to the Board, and payment of a fee not to
exceed $300, a licensee in good standing may have his name and limited
license as a dispensing optician transferred to an inactive list. Such a
licensee shall not practice ophthalmic dispensing during the time the
limited license is inactive. If an inactive licensee desires to resume
the practice of ophthalmic dispensing as limited by this section, the
Board shall reactivate the limited license upon:
(a) If deemed necessary by the Board, the demonstration by the
licensee that the licensee is then qualified and competent to practice;
(b) The completion of an application; and
(c) Payment of the renewal fee set by the Board pursuant to
subsection 4.
6. To reactivate a limited license as a dispensing optician
pursuant to subsection 5, an inactive licensee is not required to pay the
delinquency fee and the renewal fee for any year while the license was
inactive.
7. Except as otherwise provided in subsection 8, each person with
a limited license as a dispensing optician must complete courses of
continuing education in ophthalmic dispensing each year. Such continuing
education must:
(a) Encompass such subjects as are established by regulations of
the Board.
(b) Consist of a minimum of 12 hours for a period of 12 months.
8. A person with a limited license as a dispensing optician who is
on active military service is exempt from the requirements of subsection
7.
9. The Board shall adopt any regulations necessary to carry out
the provisions of this section.
(Added to NRS by 2003, 2009 )
1. Except as otherwise provided in this section:
(a) The license of an apprentice dispensing optician expires on
January 31 of each year unless the license is renewed before expiration
upon payment of the annual renewal fee set by the Board, not to exceed
$200.
(b) The license of an apprentice dispensing optician that is not
renewed before January 31 is delinquent. A delinquent license may be
reinstated at the discretion of the Board upon payment of each applicable
annual renewal fee and an annual delinquency fee established by the
Board, not to exceed $100.
2. The Board may by regulation require continuing education as a
prerequisite to the renewal of the license of an apprentice dispensing
optician.
3. The license of an apprentice dispensing optician may be renewed
not more than four times, unless the Board determines that good cause
exists for one or more additional renewals.
(Added to NRS by 1987, 602; A 1989, 913; 1997, 2139; 2003, 2014
, 2017 )
1. A person may not employ another person to perform the services
of a dispensing optician unless the other person:
(a) Is licensed by the Board as a dispensing optician; or
(b) Is licensed by the Board as an apprentice dispensing optician
and is directly supervised as required by the provisions of this chapter.
2. A licensed dispensing optician may not allow another person who
is under his direct supervision to perform the services of a dispensing
optician unless the other person is licensed by the Board as a dispensing
optician or an apprentice dispensing optician.
3. If a person is licensed by the Board as an apprentice
dispensing optician, a licensed dispensing optician, licensed
ophthalmologist or licensed optometrist must:
(a) Directly supervise all work done by the apprentice dispensing
optician.
(b) Be in attendance whenever the apprentice dispensing optician is
engaged in ophthalmic dispensing.
(c) Post the license of the apprentice dispensing optician in a
conspicuous place where the apprentice dispensing optician works.
4. A licensed dispensing optician may not have under his
supervision more than two licensed apprentice dispensing opticians at any
one time.
5. A licensed dispensing optician or a person who employs a
licensed dispensing optician may employ other persons to assist in
consulting on optical fashions, and a licensed dispensing optician may
supervise such other persons. Such other persons:
(a) Are not required be licensed pursuant to the provisions of this
chapter.
(b) May not perform the services of a dispensing optician.
6. The Board may adopt regulations to carry out the provisions of
this section.
(Added to NRS by 1975, 548; A 1979, 1197; 1987, 605; 1989, 913;
2003, 2015 )
1. Except as otherwise provided in subsection 2, all licensed
dispensing opticians must complete a yearly program of continuing
education in ophthalmic dispensing.
2. Licensed dispensing opticians on active military service are
exempt from the requirement of this section.
3. The program of continuing education in ophthalmic dispensing
must:
(a) Encompass such subjects as are established by regulations of
the Board.
(b) Consist of a minimum of 14 hours for a period of 12 months. Of
these 14 hours, 7 hours must be related to contact lenses.
(Added to NRS by 1975, 549; A 1979, 1197; 1987, 606; 2003, 2015
)
1. A license as a dispensing optician issued under the provisions
of this chapter expires on January 31 of each year.
2. A license may be renewed before its expiration upon:
(a) Presentation of proof of completion of the continuing education
required by NRS 637.135 ; and
(b) Payment of a renewal fee set by the Board of not more than $500.
3. Except as otherwise provided in subsection 4, any license which
is not renewed before January 31 of each year shall be deemed delinquent.
A delinquent license may be reinstated, at the discretion of the Board,
upon payment of each applicable annual renewal fee in addition to the
annual delinquency fee set by the Board of not more than $500.
4. Upon written request to the Board, and payment of a fee not to
exceed $300, a licensee in good standing may have his name and license
transferred to an inactive list. Such a licensee shall not practice
ophthalmic dispensing during the time the license is inactive. If an
inactive licensee desires to resume the practice of ophthalmic
dispensing, the Board shall reactivate the license upon the:
(a) Demonstration if deemed necessary by the Board that the
licensee is then qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the renewal fee set by the Board pursuant to
subsection 2.
Ê Payment of the delinquency fee and the renewal fee for any year while
the license was inactive is not required.
[8:216:1951]—(NRS A 1975, 550; 1979, 1198; 1981, 1343; 1987, 606;
1989, 913; 1997, 2140; 2003, 2016 , 2017 )
DISCIPLINARY ACTION
1. Upon proof by substantial evidence that an applicant or holder
of a license:
(a) Has been adjudicated insane;
(b) Habitually uses any controlled substance or intoxicant;
(c) Has been convicted of a crime involving moral turpitude;
(d) Has been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive;
(e) Has advertised in any manner which would tend to deceive,
defraud or mislead the public;
(f) Has presented to the Board any diploma, license or certificate
that has been signed or issued unlawfully or under fraudulent
representations, or obtains or has obtained a license to practice in the
State through fraud of any kind;
(g) Has been convicted of a violation of any federal or state law
relating to a controlled substance;
(h) Has violated any regulation of the Board;
(i) Has violated any provision of this chapter;
(j) Is incompetent;
(k) Is guilty of unethical or unprofessional conduct as determined
by the Board;
(l) Is guilty of repeated malpractice, which may be evidenced by
claims of malpractice settled against a practitioner; or
(m) Is guilty of a fraudulent or deceptive practice as determined
by the Board,
Ê the Board may, in the case of an applicant, refuse to grant him a
license, or may, in the case of a holder of a license, place him on
probation, reprimand him publicly, require him to pay an administrative
fine of not more than $10,000, suspend or revoke his license, or take any
combination of these disciplinary actions.
2. The Board shall not privately reprimand a holder of a license.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
[Part 5:216:1951; R 1953, 554; new section added 1953, 554] +
[7:216:1951]—(NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538;
1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451 ; 2005, 772 )
[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 licensed as a
dispensing optician or apprentice dispensing optician, 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 as a dispensing optician or
apprentice dispensing optician 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, 2139; A 2005, 2807 )
If the Board
receives a report pursuant to subsection 5 of NRS 228.420 , a hearing to consider the report must be held
within 30 days after receiving the report.
(Added to NRS by 1993, 791)
Repealed. (See Chapter 225, Statutes of Nevada 2005, at page 807 .)
1. Any licensee whose license was revoked by the Board may apply
for reinstatement of the license pursuant to the provisions of chapter
622A of NRS.
2. In addition to the requirements for reinstatement of the
license pursuant to chapter 622A of NRS,
the Board may reinstate the license upon the applicant’s payment of a fee
set by the Board to cover the administrative costs of any investigation
and hearing.
[Part 5:216:1951; R 1953, 554; new section added 1953, 554]—(NRS A
1975, 550; 1979, 1199; 1987, 607; 1989, 914; 2003, 2017 ; 2005, 772 )
ENFORCEMENT; UNLAWFUL ACTS
Notwithstanding the provisions of chapter 622A of NRS:
1. The Board shall conduct an investigation if it receives a
complaint that sets forth reason to believe that a person, without the
proper license, is engaging in an activity for which a license is
required pursuant to this chapter. The complaint must be:
(a) Made in writing; and
(b) Signed and verified by the person filing the complaint.
2. If the Board determines that a person, without the proper
license, is engaging in an activity for which a license is required
pursuant to this chapter, the Board shall issue and serve on the person
an order to cease and desist engaging in the activity until such time as
the person obtains the proper license from the Board.
3. If a person upon whom an order to cease and desist is served
does not comply with the order within 30 days after service, the Board
shall, after notice and opportunity for a hearing, impose upon the person
an administrative fine of not more than $10,000. The imposition of an
administrative fine is a final decision for the purposes of judicial
review.
4. An administrative fine imposed pursuant to this section is in
addition to any other penalty provided in this chapter.
(Added to NRS by 2003, 2010 ; A 2005, 773 )
1. The Board may impose an administrative fine against a person
who is not licensed pursuant to the provisions of this chapter if:
(a) The person violates any provision of NRS 637.125 or any regulation adopted by the Board to
carry out the provisions of that section; or
(b) The person employs a dispensing optician, apprentice dispensing
optician or other person and the dispensing optician, apprentice
dispensing optician or other person, in the course of his employment or
apprenticeship, violates any provision of NRS 637.125 or any regulation adopted by the Board to
carry out the provisions of that section.
2. The Board may impose a separate administrative fine against the
person for each act that constitutes a separate violation.
3. In the first administrative proceeding brought against the
person pursuant to this section, the Board may impose, for each act that
constitutes a separate violation, an administrative fine of not more than
$1,000.
4. In the second and any subsequent administrative proceeding
brought against the person pursuant to this section, the Board may
impose, for each act that constitutes a separate violation, an
administrative fine of not more than $5,000.
(Added to NRS by 2003, 2011 )
Whenever any person has engaged in
any act or practice which constitutes an offense under this chapter, the
district court of any county, on application of the Board, may issue an
injunction or other appropriate order restraining the act or practice. A
proceeding under this section is governed by Rule 65 of the Nevada Rules
of Civil Procedure.
(Added to NRS by 1979, 1201)
1. The district court in the county in which any hearing is being
conducted by the Board may compel the attendance of witnesses, the giving
of testimony and the production of books and papers as required by any
subpoena issued by the Board.
2. If any witness refuses to attend or testify or produce any
papers required by such subpoena, the Board may report to the district
court for the county in which the hearing is pending by petition, setting
forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in NRS 637.040 ; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Board in the hearing named in
the subpoena, or has refused to answer questions propounded to him in the
course of such hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Board.
3. The court, upon petition of the Board, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in such order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the Board. A
certified copy of the order must be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the Board,
the court may thereupon enter an order that the witness appear before the
Board at the time and place fixed in the order and testify or produce the
required books or papers, and upon failure to obey the order the witness
shall be dealt with as for contempt of court.
[Part 11:216:1951; A 1953, 554]—(NRS A 1979, 1199)
The following acts constitute
misdemeanors:
1. The insertion of a false or misleading statement in any
advertising in connection with the business of ophthalmic dispensing.
2. Making use of any advertising statement of a character tending
to indicate to the public the superiority of a particular system or type
of eyesight examination or treatment.
3. Furnishing or advertising the furnishing of the services of a
refractionist, optometrist, physician or surgeon.
4. Changing the prescription of a lens without an order from a
person licensed to issue such a prescription.
5. Filling a prescription for a contact lens in violation of the
expiration date or number of refills specified by the prescription.
6. Violating any provision of this chapter.
[12:216:1951]—(NRS A 1967, 642; 1979, 1200; 1997, 1258)
