[Rev. 11/21/2013 12:48:58 PM--2013]

CHAPTER 637 - DISPENSING OPTICIANS

GENERAL PROVISIONS

NRS 637.010           Short title.

NRS 637.020           Definitions.

NRS 637.021           “Board” defined.

NRS 637.0215         “Dispensing optician” defined.

NRS 637.022           “Ophthalmic dispensing” defined.

NRS 637.023           “Prescriber” defined.

NRS 637.0235         “Prescription” defined.

NRS 637.024           “Supervision” defined.

NRS 637.025           Applicability.

BOARD OF DISPENSING OPTICIANS

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

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

NRS 637.045           Compensation of members and employees.

NRS 637.050           Offices; meetings.

NRS 637.060           Deposit and use of money received by Board; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

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

NRS 637.073           Board to adopt regulations setting minimum standards for optical and ophthalmic devices.

NRS 637.075           Fiscal year.

NRS 637.085           Confidentiality of certain records of Board; exceptions.

LICENSING

NRS 637.090           Active license required for practice of ophthalmic dispensing or management of business engaged in ophthalmic dispensing.

NRS 637.100           Qualifications for examination and licensing as dispensing optician; regulations governing licensing of apprentice dispensing optician.

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

NRS 637.113           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 637.113           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 637.115           Board to maintain public records concerning applicants.

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

NRS 637.121           Limited license as dispensing optician.

NRS 637.123           Apprentice dispensing optician: Expiration and renewal of license; fees; continuing education; limitations on renewal.

NRS 637.125           Employment and supervision of dispensing opticians, apprentice dispensing opticians and other assistants; regulations.

NRS 637.127           Special license as dispensing optician.

NRS 637.135           Dispensing optician: Continuing education.

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

DISCIPLINARY ACTION

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

NRS 637.153           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 637.154           Investigation of licensee.

NRS 637.155           Hearing on report of certain violations.

NRS 637.170           Reinstatement of revoked license; fee.

MISCELLANEOUS PROVISIONS

NRS 637.175           Expiration of prescriptions.

ENFORCEMENT; UNLAWFUL ACTS

NRS 637.181           Investigation of unlicensed activity; issuance of order to cease and desist; administrative fine; retention of complaints.

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

NRS 637.185           Injunctive relief.

NRS 637.190           Enforcement of subpoenas issued by Board.

NRS 637.200           Unlawful acts.

_________

GENERAL PROVISIONS

      NRS 637.010  Short title.  This chapter may be cited as the Dispensing Opticians Act of 1951.

      [1:216:1951]

      NRS 637.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to 637.024, 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)

      NRS 637.021  “Board” defined.  “Board” means the Board of Dispensing Opticians.

      (Added to NRS by 1987, 601)

      NRS 637.0215  “Dispensing optician” defined.  “Dispensing optician” means a person engaged in the practice of ophthalmic dispensing.

      (Added to NRS by 1987, 601)

      NRS 637.022  “Ophthalmic dispensing” defined.

      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)

      NRS 637.023  “Prescriber” defined.  “Prescriber” means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses.

      (Added to NRS by 1987, 602)

      NRS 637.0235  “Prescription” defined.  “Prescription” means a direction from a licensed prescriber to:

      1.  Prepare therapeutic or corrective lenses; or

      2.  Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.

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

      NRS 637.024  “Supervision” defined.  “Supervision” means the provision of individual 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 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

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

      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)

      NRS 637.040  Election of 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 the attendance of witnesses to testify before the Board or the production of books, papers and documents. 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; 2007, 1239)

      NRS 637.045  Compensation of members and employees.

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

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

      (Added to NRS by 1963, 154; A 1975, 305, 549; 1981, 1993; 1985, 444; 1989, 911, 1700; 2007, 2950)

      NRS 637.050  Offices; meetings.

      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)

      NRS 637.060  Deposit and use of money received by Board; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

      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)

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

      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)

      NRS 637.073  Board to adopt regulations setting minimum standards for optical and ophthalmic devices.

      1.  The Board shall adopt regulations setting forth minimum standards for lenses, frames, specially fabricated optical devices and other ophthalmic devices dispensed by a person licensed as a dispensing optician.

      2.  The standards adopted by the Board must be consistent with the minimum standards of quality approved by the American National Standards Institute.

      (Added to NRS by 2007, 1238)

      NRS 637.075  Fiscal year.  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)

      NRS 637.085  Confidentiality of certain records of Board; exceptions.

      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 and NRS 239.0115, 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 and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action 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 Board shall, to the extent feasible, communicate or cooperate with or provide 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; 2007, 2139; 2013, 2233)

LICENSING

      NRS 637.090  Active license required for practice of ophthalmic dispensing or management of business engaged in ophthalmic dispensing.  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)

      NRS 637.100  Qualifications for examination and licensing as dispensing optician; regulations governing licensing of apprentice dispensing optician.

      1.  To qualify for examination and licensing as a dispensing optician, an applicant must furnish proof that the applicant:

      (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)

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

      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.  Except as otherwise provided in NRS 622.090, 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; 2007, 2950)

      NRS 637.113  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  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 the applicant 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 the applicant 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)

      NRS 637.113  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings 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 the applicant 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 the applicant 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 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 637.115  Board to maintain public records concerning applicants.  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)

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

      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)

      NRS 637.121  Limited license as dispensing optician.

      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. Not later than 2 years after the expiration of a limited license, 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 or her 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 wishes 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 other regulations it determines are necessary to carry out the provisions of this section.

      (Added to NRS by 2003, 2009; A 2007, 1239)

      NRS 637.123  Apprentice dispensing optician: Expiration and renewal of license; fees; continuing education; limitations on renewal.

      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)

      NRS 637.125  Employment and supervision of dispensing opticians, apprentice dispensing opticians and other assistants; regulations.

      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 or her 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 or her 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 to 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)

      NRS 637.127  Special license as dispensing optician.

      1.  The Board shall issue a special license as a dispensing optician to an applicant who:

      (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 National Opticianry Competency Examination of the American Board of Opticianry;

      (f) Is currently certified by the American Board of Opticianry;

      (g) Has passed the Contact Lens Registry Examination of the National Contact Lens Examiners;

      (h) Is currently certified by the National Contact Lens Examiners;

      (i) Has passed an examination, if one exists, which is based solely on the provisions of this chapter and any regulations adopted pursuant thereto and is administered by the Board; and

      (j) Has either:

             (1) An active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or

             (2) Not less than 5 years of experience as a dispensing optician.

      2.  A person practicing ophthalmic dispensing pursuant to a special license as 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, inactivity or reactivation of a license.

      (Added to NRS by 2007, 1843)

      NRS 637.135  Dispensing optician: Continuing education.

      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)

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

      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. Not later than 2 years after the expiration of a license, 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 or her 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; 2007, 1240)

DISCIPLINARY ACTION

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

      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 this 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, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

      (i) Has violated any regulation of the Board;

      (j) Has violated any provision of this chapter;

      (k) Is incompetent;

      (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

      (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

      (n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

      (o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160,

Ê the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s 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.

      4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

      [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; 2007, 1240; 2009, 891; 2011, 855)

      NRS 637.153  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is 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)

      NRS 637.154  Investigation of licensee.

      1.  To the extent that money is available for that purpose, the Board may, upon its own motion, investigate the actions of any person who holds a license issued pursuant to this chapter that may constitute grounds for refusal to issue such a license, or the suspension or revocation of the license.

      2.  The Board may accept gifts, grants and donations of money from any source to carry out the provisions of this section.

      (Added to NRS by 2013, 2232)

      NRS 637.155  Hearing on report of certain violations.  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)

      NRS 637.170  Reinstatement of revoked license; fee.

      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)

MISCELLANEOUS PROVISIONS

      NRS 637.175  Expiration of prescriptions.  A prescription received by a dispensing optician shall be deemed to have an expiration date of 2 years after the date the prescription was issued unless the practitioner who wrote the prescription includes on the prescription a different period.

      (Added to NRS by 2007, 1239)

ENFORCEMENT; UNLAWFUL ACTS

      NRS 637.181  Investigation of unlicensed activity; issuance of order to cease and desist; administrative fine; retention of complaints.  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:

      (a) Shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains the proper license from the Board.

      (b) May, 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.

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

      4.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 2003, 2010; A 2005, 773; 2007, 1241; 2009, 892)

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

      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 or her 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)

      NRS 637.185  Injunctive relief.  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)

      NRS 637.190  Enforcement of subpoenas issued by Board.

      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, papers or documents as required by any subpoena issued by the Board.

      2.  If any witness refuses to attend or testify or produce any books, papers or documents required by such a 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, papers or documents;

      (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 books, papers or documents required by subpoena before the Board in the hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books, papers or documents 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 the order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books, papers or documents 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, papers or documents 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; 2007, 1242)

      NRS 637.200  Unlawful acts.  The following acts constitute misdemeanors, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840:

      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; 2013, 1000)