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2005 Nevada Revised Statutes - Chapter 637 — Dispensing Opticians

CHAPTER 637 - DISPENSING OPTICIANS

GENERAL PROVISIONS

NRS 637.010 Shorttitle.

NRS 637.020 Definitions.

NRS 637.021 Boarddefined.

NRS 637.0215 Dispensingoptician defined.

NRS 637.022 Ophthalmicdispensing defined.

NRS 637.023 Prescriberdefined.

NRS 637.0235 Prescriptiondefined.

NRS 637.024 Supervisiondefined.

NRS 637.025 Applicability.

BOARD OF DISPENSING OPTICIANS

NRS 637.030 Creation;number, appointment, qualifications and removal of members; representative ofgeneral public not to participate in examination.

NRS 637.040 Electionof officers; issuance of subpoenas; administration of oaths.

NRS 637.045 Compensationof members and employees.

NRS 637.050 Offices;meetings.

NRS 637.060 Depositand use of money received by Board; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneys feesand costs of investigation.

NRS 637.070 Rulesand regulations; seal; members may be empowered to conduct proceedings,hearings and investigations; employees and assistants.

NRS 637.075 Fiscalyear.

NRS 637.080 Reportof Board to Attorney General.

NRS 637.085 Confidentialityof certain records of Board; exceptions.

NRS 637.087 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records. [Repealed.]

LICENSING

NRS 637.090 Activelicense required for practice of ophthalmic dispensing or management ofbusiness engaged in ophthalmic dispensing.

NRS 637.100 Qualificationsfor examination and licensing as dispensing optician; regulations governinglicensing of apprentice dispensing optician.

NRS 637.110 Feesfor application for license as dispensing optician and apprentice dispensingoptician; requirements for examination; waiver of examination; passing score.

NRS 637.113 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 637.113 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 637.115 Boardto maintain public records concerning applicants.

NRS 637.120 Issuanceof license as dispensing optician; display of license; nontransferability;issuance of duplicate license.

NRS 637.121 Limitedlicense as dispensing optician.

NRS 637.123 Apprenticedispensing optician: Expiration and renewal of license; fees; continuingeducation; limitations on renewal.

NRS 637.125 Employmentand supervision of dispensing opticians, apprentice dispensing opticians andother assistants; regulations.

NRS 637.135 Dispensingoptician: Continuing education.

NRS 637.140 Dispensingoptician: Expiration and renewal of license; fees; inactive status;reactivation of license.

DISCIPLINARY ACTION

NRS 637.150 Grounds;authorized disciplinary action; private reprimands prohibited; orders imposingdiscipline deemed public records.

NRS 637.153 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 637.155 Hearingon report of certain violations.

NRS 637.165 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. [Repealed.]

NRS 637.170 Reinstatementof revoked license; fee.

ENFORCEMENT; UNLAWFUL ACTS

NRS 637.181 Investigationof unlicensed activity; issuance of order to cease and desist; administrativefine for failure to comply with order.

NRS 637.183 Administrativefine for violation of provisions governing employment and supervision ofdispensing opticians, apprentice dispensing opticians and other assistants.

NRS 637.185 Injunctiverelief.

NRS 637.190 Enforcementof subpoenas issued by Board.

NRS 637.200 Unlawfulacts.

_________

GENERAL PROVISIONS

NRS 637.010 Shorttitle. This chapter may be cited as theDispensing Opticians Act of 1951.

[1:216:1951]

NRS 637.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS637.021 to 637.024, inclusive, havethe 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)

NRS 637.021 Boarddefined. Board means the Board of DispensingOpticians.

(Added to NRS by 1987, 601)

NRS 637.0215 Dispensingoptician defined. Dispensing optician meansa person engaged in the practice of ophthalmic dispensing.

(Added to NRS by 1987, 601)

NRS 637.022 Ophthalmicdispensing defined.

1. Ophthalmic dispensing means the design,verification and delivery to the intended wearer of lenses, frames and otherspecially 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 tolaboratory technicians engaged in grinding lenses and fabricating eyewear;

(d) The adjustment of lenses or frames to the intendedwearers face or eyes;

(e) The adjustment, replacement, repair andreproduction of previously prepared ophthalmic lenses, frames or otherspecially fabricated ophthalmic devices; and

(f) The fitting of contact lenses and the dispensing ofprepackaged contact lenses pursuant to a written prescription, when done by adispensing optician or apprentice dispensing optician who is authorized to doso pursuant to the provisions of this chapter.

3. The term does not include any act for which alicense is required pursuant to chapter 630 or636 of NRS, and the provisions of this chapterdo not authorize a dispensing optician or apprentice dispensing optician toperform any such act.

(Added to NRS by 1987, 601; A 2003, 2011)

NRS 637.023 Prescriberdefined. Prescriber means a physician or optometristauthorized to examine eyes and prescribe therapeutic or corrective lenses.

(Added to NRS by 1987, 602)

NRS 637.0235 Prescriptiondefined. Prescription means a direction froma licensed prescriber to:

1. Prepare therapeutic or corrective lenses; or

2. Dispense a prepackaged contact lens that does notrequire any adjustment, modification or fitting.

(Added to NRS by 1987, 602; A 1997, 1258)

NRS 637.024 Supervisiondefined. Supervision means the provision ofindividual direction, control, inspection and evaluation of work.

(Added to NRS by 1987, 602)

NRS 637.025 Applicability. The provisions of this chapter do not apply to:

1. Ophthalmic dispensing personally by a licensedphysician, surgeon or optometrist unless exclusively engaged in the business offilling prescriptions.

2. Ophthalmic dispensing by an employee of a licensedphysician, surgeon or optometrist if the employee practices ophthalmicdispensing only under the direct supervision of the licensed physician, surgeonor optometrist and only as an assistant to the licensed physician, surgeon oroptometrist.

3. A licensed pharmacist dispensing prepackagedcontact lenses pursuant to the provisions of NRS639.2825.

4. The sale of goggles, sunglasses, colored glasses oroccupational protective eye devices not having a refractive value, or the saleas merchandise of complete ready-to-wear eyeglasses.

[13:216:1951](NRS A 2003, 2012)

BOARD OF DISPENSING OPTICIANS

NRS 637.030 Creation;number, appointment, qualifications and removal of members; representative ofgeneral public not to participate in examination.

1. The Board of Dispensing Opticians, consisting offive members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who have actively engaged in the practiceof ophthalmic dispensing for not less than 3 years in the State of Nevadaimmediately preceding the appointment.

(b) One member who is a representative of the generalpublic. 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 memberfor cause.

4. The member who is the representative of the generalpublic shall not participate in preparing, conducting or grading anyexamination required by the Board.

[Part 10:216:1951; A 1953, 554](NRS A 1977, 1255;1979, 1195; 2003,1195)

NRS 637.040 Electionof officers; issuance of subpoenas; administration of oaths.

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 witnessesto testify before the Board. Subpoenas must issue under the seal of the Boardand must be served in the same manner as subpoenas issued out of the districtcourt.

(b) Administer oaths in taking testimony in any matterpertaining to the duties of the Board.

[Part 11:216:1951; A 1953, 554](NRS A 1987, 603)

NRS 637.045 Compensationof members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employeeof the Board is entitled to receive a per diem allowance and travel expenses ata rate fixed by the Board. The rate must not exceed the rate provided for stateofficers and employees generally.

(Added to NRS by 1963, 154; A 1975, 305, 549; 1981,1993; 1985, 444; 1989, 911, 1700)

NRS 637.050 Offices;meetings.

1. The principal office of the Board is the place ofbusiness or employment of the Secretary of the Board, but it may maintainoffices in as many localities in the State as it finds necessary to carry outthe provisions of this chapter, and may meet or conduct any of its business atany place in the State.

2. The Board shall meet at least once in the fall ofeach year on a date determined by the Board, at which time candidates applyingfor licensing must be examined and their qualifications determined.

3. In addition to the meeting required by subsection2, the Board may hold such other meetings as it may deem advisable. The timeand place of all such meetings must be determined by the Board.

[Part 4:216:1951; R 1953, 554; new section added1953, 554] + [Part 11:216:1951; A 1953, 554](NRS A 1963, 155; 1979, 1195;1983, 1448; 1987, 603)

NRS 637.060 Depositand use of money received by Board; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

1. Except as otherwise provided in subsection 3, allmoney received by the Board under the provisions of this chapter must bedeposited in banks, credit unions or savings and loan associations in the Stateof Nevada. The money may be drawn on by the Board for payment of all expensesincurred 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 toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect administrative fines therefor anddeposit the money therefrom in banks, credit unions or savings and loanassociations in this State.

3. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 2 and the Board deposits themoney collected from the imposition of administrative fines with the StateTreasurer for credit to the State General Fund, it may present a claim to theState Board of Examiners for recommendation to the Interim Finance Committee ifmoney is needed to pay attorneys fees or the costs of an investigation, orboth.

[Part 11:216:1951; A 1953, 554](NRS A 1963, 155;1983, 1537; 1999,1534; 2005, 771)

NRS 637.070 Rulesand regulations; seal; members may be empowered to conduct proceedings,hearings and investigations; employees and assistants.

1. The Board may adopt such rules and regulations asit may deem necessary to carry out the provisions of this chapter.

2. The Board shall have a common seal of which allcourts of this State shall take judicial notice.

3. The Board may empower any member to conduct anyproceeding, hearing or investigation necessary to its purposes.

4. The Board may employ and fix the compensation ofattorneys, investigators and other professional consultants and such otheremployees and assistants as it may deem necessary to carry out the provisionsof this chapter.

[Part 10:216:1951; A 1953, 554] + [Part 11:216:1951;A 1953, 554](NRS A 1963, 155)

NRS 637.075 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 154)

NRS 637.080 Reportof Board to Attorney General. Before September1 of each even-numbered year, for the biennium ending June 30 of such year, theBoard shall submit to the Attorney General a written report. The report mustinclude:

1. The names of all dispensing opticians to whomlicenses have been granted as provided in this chapter.

2. Any cases heard and decisions rendered by theBoard.

3. The recommendations of the Board as to futurepolicies.

Each memberof the Board shall review and sign the report before it is submitted to theAttorney General.

[Part 11:216:1951; A 1953, 554](NRS A 1969, 1459;1979, 1196)

NRS 637.085 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, allapplications for licensure, financial records of the Board and records ofhearings and any order or decision of the Board or a panel must be open to thepublic.

2. Except as otherwise provided in this section, thefollowing may be kept confidential:

(a) Any statement, evidence, credential or other proofsubmitted in support of or to verify the contents of an application.

(b) Any report concerning the fitness of any person toreceive or hold a license to practice ophthalmic dispensing.

(1) The Board and any of its committees orpanels; and

(2) The Board or its staff, investigators,experts, committees, panels, hearing officers, advisory members or consultantsand counsel for the Board.

(d) Any other information or records in the possessionof the Board.

3. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

4. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

5. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 1987, 602; A 2003, 3451; 2005, 771)

NRS 637.087 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

LICENSING

NRS 637.090 Activelicense required for practice of ophthalmic dispensing or management ofbusiness engaged in ophthalmic dispensing. Aperson shall not engage in the practice of ophthalmic dispensing or manage abusiness engaged in ophthalmic dispensing without holding a valid, activelicense issued as provided by this chapter.

[3:216:1951; A 1953, 554](NRS A 1979, 1196; 1987,604)

NRS 637.100 Qualificationsfor examination and licensing as dispensing optician; regulations governinglicensing of apprentice dispensing optician.

1. To qualify for examination and licensing as adispensing optician, an applicant must furnish proof that he:

(a) Is at least 18 years of age.

(b) Is of good moral character.

(d) Is a graduate of an accredited high school or itsequivalent.

(e) Has passed the examination of the American Board ofOpticianry.

(f) Has done either of the following:

(1) Served as an apprentice dispensing opticianfor not less than 3 years in an optical establishment where prescriptions forspectacles or contact lenses from given formulae are fitted and filled underthe direct supervision of a licensed dispensing optician, licensedophthalmologist or licensed optometrist for the purpose of acquiring experiencein ophthalmic dispensing and has passed an educational program on the theory ofophthalmic dispensing approved by the Board; or

(2) Successfully completed a course of study ina school which offers a degree of associate in applied science for studies inophthalmic dispensing approved by the Board and has had 1 year of ophthalmicexperience as an apprentice dispensing optician under the direct supervision ofa licensed dispensing optician, licensed ophthalmologist or licensedoptometrist.

(g) Has done all of the following:

(1) Successfully completed a course ofinstruction on the fitting of contact lenses approved by the Board;

(2) Completed at least 100 hours of training andexperience in the fitting of and filling of prescriptions for contact lensesunder the direct supervision of a licensed dispensing optician authorized tofit and fill prescriptions for contact lenses, a licensed ophthalmologist or alicensed optometrist;

(3) Passed the Contact Lens Registry Examinationof the National Committee of Contact Lens Examiners; and

(4) Passed the practical examination on thefitting of and filling of prescriptions for contact lenses adopted by theBoard.

2. The Board shall adopt regulations to carry out theprovisions of this section, including, without limitation, regulations thatestablish requirements for:

(a) The program of apprenticeship for apprenticedispensing opticians;

(b) The training and experience of apprenticedispensing opticians; and

[Part 4:216:1951; R 1953, 554; new section added1953, 554](NRS A 1971, 220; 1975, 549; 1977, 1566; 1979, 603, 1196; 1989, 911;2003, 2012)

NRS 637.110 Feesfor application for license as dispensing optician and apprentice dispensingoptician; requirements for examination; waiver of examination; passing score.

1. An application for the issuance of a license as anapprentice 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 adispensing optician must be accompanied by a fee of not more than $500 to coverthe cost of the examination by the Board and the initial licensing.

3. The Board shall, if it approves an application forthe issuance of a license as a dispensing optician, examine the applicant inophthalmic dispensing, except that the Board may waive the examination of anapplicant who is, at the time of application, licensed as a dispensing opticianin another state.

4. To pass the examination for the issuance of alicense as a dispensing optician, an applicant must achieve a score of at least70 percent.

[Part 4:216:1951; R 1953, 554; new section added1953, 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)

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license as adispensing optician or apprentice dispensing optician shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense as a dispensing optician or apprentice dispensing optician shall submitto the Board the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 apprenticedispensing optician may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2138; A 2003, 2013; 2005, 2737, 2807, 2816)

NRS 637.113 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license as adispensing optician or apprentice dispensing optician shall submit to the Boardthe statement prescribed by the Division of Welfare and Supportive Services ofthe Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 apprenticedispensing optician may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(Added to NRS by 1997, 2138; A 2003, 2013; 2005, 2737, 2738, 2807, 2816, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 637.115 Boardto maintain public records concerning applicants. TheBoard shall maintain records pertaining to applicants to whom licenses havebeen issued or denied. These records must be open to the public and mustinclude:

1. The name of each applicant.

2. The name of the school granting the diploma to theapplicant.

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)

NRS 637.120 Issuanceof license as dispensing optician; display of license; nontransferability;issuance of duplicate license.

1. The Board shall issue a license as a dispensingoptician to each applicant who satisfies the requirements of this chapter forthe issuance of the license.

2. A license as a dispensing optician authorizes theholder to engage in the practice of ophthalmic dispensing and must at all timesbe conspicuously displayed at the holders place of practice. The license isnot transferable by the holder.

3. The Board may, upon application and the payment ofa 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)

NRS 637.121 Limitedlicense as dispensing optician.

1. Except as otherwise provided in this section, alimited license as a dispensing optician authorizes the licensee to engage inthe 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 asa dispensing optician may not be issued to any other person.

3. A person practicing ophthalmic dispensing pursuantto a limited license:

(a) Except as otherwise provided in this section, issubject to the provisions of this chapter in the same manner as a personpracticing 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 alicense; 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 thecontinuing education required by this section; and

(2) Payment of a renewal fee set by the Board ofnot more than $200.

(c) Except as otherwise provided in subsection 5, isdelinquent if it is not renewed before January 31 of each year. Such adelinquent limited license may be reinstated, at the discretion of the Board,upon payment of each applicable annual renewal fee in addition to the annualdelinquency fee set by the Board of not more than $500.

5. Upon written request to the Board, and payment of afee not to exceed $300, a licensee in good standing may have his name andlimited license as a dispensing optician transferred to an inactive list. Sucha licensee shall not practice ophthalmic dispensing during the time the limitedlicense is inactive. If an inactive licensee desires to resume the practice ofophthalmic dispensing as limited by this section, the Board shall reactivatethe limited license upon:

(a) If deemed necessary by the Board, the demonstrationby the licensee that the licensee is then qualified and competent to practice;

(b) The completion of an application; and

6. To reactivate a limited license as a dispensingoptician pursuant to subsection 5, an inactive licensee is not required to paythe delinquency fee and the renewal fee for any year while the license wasinactive.

7. Except as otherwise provided in subsection 8, eachperson with a limited license as a dispensing optician must complete courses ofcontinuing education in ophthalmic dispensing each year. Such continuingeducation must:

(a) Encompass such subjects as are established byregulations of the Board.

(b) Consist of a minimum of 12 hours for a period of 12months.

8. A person with a limited license as a dispensingoptician who is on active military service is exempt from the requirements ofsubsection 7.

9. The Board shall adopt any regulations necessary tocarry out the provisions of this section.

(Added to NRS by 2003, 2009)

NRS 637.123 Apprenticedispensing optician: Expiration and renewal of license; fees; continuingeducation; limitations on renewal.

1. Except as otherwise provided in this section:

(a) The license of an apprentice dispensing opticianexpires on January 31 of each year unless the license is renewed beforeexpiration upon payment of the annual renewal fee set by the Board, not toexceed $200.

(b) The license of an apprentice dispensing opticianthat is not renewed before January 31 is delinquent. A delinquent license maybe reinstated at the discretion of the Board upon payment of each applicableannual renewal fee and an annual delinquency fee established by the Board, notto exceed $100.

2. The Board may by regulation require continuingeducation as a prerequisite to the renewal of the license of an apprenticedispensing optician.

3. The license of an apprentice dispensing opticianmay be renewed not more than four times, unless the Board determines that goodcause exists for one or more additional renewals.

(Added to NRS by 1987, 602; A 1989, 913; 1997, 2139; 2003, 2014, 2017)

NRS 637.125 Employmentand supervision of dispensing opticians, apprentice dispensing opticians andother assistants; regulations.

1. A person may not employ another person to performthe 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 apprenticedispensing optician and is directly supervised as required by the provisions ofthis chapter.

2. A licensed dispensing optician may not allowanother person who is under his direct supervision to perform the services of adispensing optician unless the other person is licensed by the Board as adispensing optician or an apprentice dispensing optician.

3. If a person is licensed by the Board as anapprentice dispensing optician, a licensed dispensing optician, licensedophthalmologist or licensed optometrist must:

(a) Directly supervise all work done by the apprenticedispensing optician.

(b) Be in attendance whenever the apprentice dispensingoptician is engaged in ophthalmic dispensing.

(c) Post the license of the apprentice dispensingoptician in a conspicuous place where the apprentice dispensing optician works.

4. A licensed dispensing optician may not have underhis supervision more than two licensed apprentice dispensing opticians at anyone time.

5. A licensed dispensing optician or a person whoemploys a licensed dispensing optician may employ other persons to assist inconsulting on optical fashions, and a licensed dispensing optician maysupervise such other persons. Such other persons:

(a) Are not required be licensed pursuant to theprovisions of this chapter.

(b) May not perform the services of a dispensing optician.

6. The Board may adopt regulations to carry out theprovisions of this section.

(Added to NRS by 1975, 548; A 1979, 1197; 1987, 605;1989, 913; 2003, 2015)

NRS 637.135 Dispensingoptician: Continuing education.

1. Except as otherwise provided in subsection 2, alllicensed dispensing opticians must complete a yearly program of continuingeducation in ophthalmic dispensing.

2. Licensed dispensing opticians on active militaryservice are exempt from the requirement of this section.

3. The program of continuing education in ophthalmicdispensing must:

(a) Encompass such subjects as are established byregulations of the Board.

(b) Consist of a minimum of 14 hours for a period of 12months. 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)

NRS 637.140 Dispensingoptician: Expiration and renewal of license; fees; inactive status;reactivation of license.

1. A license as a dispensing optician issued under theprovisions of this chapter expires on January 31 of each year.

2. A license may be renewed before its expirationupon:

(a) Presentation of proof of completion of thecontinuing education required by NRS 637.135;and

(b) Payment of a renewal fee set by the Board of notmore than $500.

3. Except as otherwise provided in subsection 4, anylicense which is not renewed before January 31 of each year shall be deemeddelinquent. A delinquent license may be reinstated, at the discretion of theBoard, upon payment of each applicable annual renewal fee in addition to theannual delinquency fee set by the Board of not more than $500.

4. Upon written request to the Board, and payment of afee not to exceed $300, a licensee in good standing may have his name andlicense transferred to an inactive list. Such a licensee shall not practiceophthalmic dispensing during the time the license is inactive. If an inactivelicensee desires to resume the practice of ophthalmic dispensing, the Boardshall reactivate the license upon the:

(a) Demonstration if deemed necessary by the Board thatthe licensee is then qualified and competent to practice;

(b) Completion of an application; and

Payment ofthe delinquency fee and the renewal fee for any year while the license wasinactive 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

NRS 637.150 Grounds;authorized disciplinary action; private reprimands prohibited; orders imposingdiscipline deemed public records.

1. Upon proof by substantial evidence that anapplicant or holder of a license:

(a) Has been adjudicated insane;

(b) Habitually uses any controlled substance orintoxicant;

(d) Has been convicted of violating any of theprovisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(e) Has advertised in any manner which would tend todeceive, defraud or mislead the public;

(f) Has presented to the Board any diploma, license orcertificate that has been signed or issued unlawfully or under fraudulentrepresentations, or obtains or has obtained a license to practice in the Statethrough fraud of any kind;

(g) Has been convicted of a violation of any federal orstate 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 asdetermined by the Board;

(l) Is guilty of repeated malpractice, which may beevidenced by claims of malpractice settled against a practitioner; or

(m) Is guilty of a fraudulent or deceptive practice asdetermined by the Board,

the Boardmay, in the case of an applicant, refuse to grant him a license, or may, in thecase 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 orrevoke his license, or take any combination of these disciplinary actions.

2. The Board shall not privately reprimand a holder ofa license.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

[Part 5:216:1951; R 1953, 554; new section added1953, 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)

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is licensed as adispensing optician or apprentice dispensing optician, the Board shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Board receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license as a dispensingoptician or apprentice dispensing optician that has been suspended by adistrict court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license was suspended stating that the person whose license wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2139; A 2005, 2807)

NRS 637.155 Hearingon report of certain violations. If the Boardreceives a report pursuant to subsection 5 of NRS228.420, a hearing to consider the report must be held within 30 days afterreceiving the report.

(Added to NRS by 1993, 791)

NRS 637.165 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. Repealed. (See Chapter 225, Statutes of Nevada 2005,at page 807.)

NRS 637.170 Reinstatementof revoked license; fee.

1. Any licensee whose license was revoked by the Boardmay apply for reinstatement of the license pursuant to the provisions of chapter 622A of NRS.

2. In addition to the requirements for reinstatementof the license pursuant to chapter 622A ofNRS, the Board may reinstate the license upon the applicants payment of a feeset by the Board to cover the administrative costs of any investigation andhearing.

[Part 5:216:1951; R 1953, 554; new section added1953, 554](NRS A 1975, 550; 1979, 1199; 1987, 607; 1989, 914; 2003, 2017; 2005, 772)

ENFORCEMENT; UNLAWFUL ACTS

NRS 637.181 Investigationof unlicensed activity; issuance of order to cease and desist; administrativefine for failure to comply with order. Notwithstandingthe provisions of chapter 622A of NRS:

1. The Board shall conduct an investigation if itreceives a complaint that sets forth reason to believe that a person, withoutthe proper license, is engaging in an activity for which a license is requiredpursuant to this chapter. The complaint must be:

(a) Made in writing; and

(b) Signed and verified by the person filing thecomplaint.

2. If the Board determines that a person, without theproper license, is engaging in an activity for which a license is requiredpursuant to this chapter, the Board shall issue and serve on the person anorder to cease and desist engaging in the activity until such time as theperson obtains the proper license from the Board.

3. If a person upon whom an order to cease and desistis served does not comply with the order within 30 days after service, theBoard shall, after notice and opportunity for a hearing, impose upon the personan administrative fine of not more than $10,000. The imposition of anadministrative fine is a final decision for the purposes of judicial review.

4. An administrative fine imposed pursuant to thissection is in addition to any other penalty provided in this chapter.

(Added to NRS by 2003, 2010; A 2005, 773)

NRS 637.183 Administrativefine for violation of provisions governing employment and supervision ofdispensing opticians, apprentice dispensing opticians and other assistants.

1. The Board may impose an administrative fine againsta 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 bythe 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 employmentor apprenticeship, violates any provision of NRS637.125 or any regulation adopted by the Board to carry out the provisionsof that section.

2. The Board may impose a separate administrative fineagainst the person for each act that constitutes a separate violation.

3. In the first administrative proceeding broughtagainst the person pursuant to this section, the Board may impose, for each actthat constitutes a separate violation, an administrative fine of not more than$1,000.

4. In the second and any subsequent administrativeproceeding brought against the person pursuant to this section, the Board mayimpose, for each act that constitutes a separate violation, an administrativefine of not more than $5,000.

(Added to NRS by 2003, 2011)

NRS 637.185 Injunctiverelief. Whenever any person has engaged in anyact or practice which constitutes an offense under this chapter, the districtcourt of any county, on application of the Board, may issue an injunction orother appropriate order restraining the act or practice. A proceeding underthis section is governed by Rule 65 of the Nevada Rules of Civil Procedure.

(Added to NRS by 1979, 1201)

NRS 637.190 Enforcementof subpoenas issued by Board.

1. The district court in the county in which anyhearing 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 byany subpoena issued by the Board.

2. If any witness refuses to attend or testify orproduce any papers required by such subpoena, the Board may report to thedistrict court for the county in which the hearing is pending by petition,setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in NRS 637.040; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Board in the hearingnamed in the subpoena, or has refused to answer questions propounded to him inthe course of such hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Board.

3. The court, upon petition of the Board, shall enteran order directing the witness to appear before the court at a time and placeto be fixed by the court in such order, the time to be not more than 10 daysfrom the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Board. Acertified copy of the order must be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the Board, the court maythereupon enter an order that the witness appear before the Board at the timeand place fixed in the order and testify or produce the required books orpapers, and upon failure to obey the order the witness shall be dealt with asfor contempt of court.

[Part 11:216:1951; A 1953, 554](NRS A 1979, 1199)

NRS 637.200 Unlawfulacts. The following acts constitutemisdemeanors:

1. The insertion of a false or misleading statement inany advertising in connection with the business of ophthalmic dispensing.

2. Making use of any advertising statement of acharacter tending to indicate to the public the superiority of a particularsystem or type of eyesight examination or treatment.

3. Furnishing or advertising the furnishing of theservices of a refractionist, optometrist, physician or surgeon.

4. Changing the prescription of a lens without anorder from a person licensed to issue such a prescription.

5. Filling a prescription for a contact lens inviolation of the expiration date or number of refills specified by theprescription.

6. Violating any provision of this chapter.

[12:216:1951](NRS A 1967, 642; 1979, 1200; 1997,1258)

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