[Rev. 4/16/2014 11:37:10 AM]

[NAC-637 Revised Date: 4-14]

CHAPTER 637 - DISPENSING OPTICIANS

GENERAL PROVISIONS

637.001            Definitions.

637.003            “Board” defined.

637.006            “Dispensing optician” defined.

637.007            “Hour of continuing education” defined.

637.008            “Hour of training and experience” defined.

637.009            “Manage a business engaged in ophthalmic dispensing” interpreted.

637.010            Construction.

637.020            Severability.

BOARD OF DISPENSING OPTICIANS

637.100            Officers.

637.110            Meetings.

637.120            Salary of members.

637.123            Inspections: Authority of Board; licensee to provide access; failure to cooperate; disciplinary action.

637.125            Hearings and investigations; taking evidence.

LICENSING

637.130            Definitions.

637.132            Special license: Interpretation of statutory requirements.

637.140            License required to provide ophthalmic products directly to public; authorized scope of practice of laboratory personnel.

637.144            Requirements for managing ophthalmic dispensing.

637.148            Completion and proof of required hours of training and experience.

637.150            Application for examination; training and experience required for certain applicants; reexamination; fees.

637.160            Scope, content and administration of examination.

637.190            Continuing education: Submission of certificate; exemption.

637.200            Continuing education: Subjects; approval of and credit for courses; minimum hours.

637.215            Transfer of license to inactive list; renewal of inactive status; reactivation of license.

637.218            Reinstatement of delinquent license.

637.220            Fees for renewal, reinstatement, transfer and reactivation of license.

637.225            Issuance of duplicate license.

637.230            Licensees to file addresses and change of address with Board.

PROFESSIONAL PRACTICE

637.235            Grounds for disciplinary action: “Unethical or unprofessional conduct” interpreted.

637.237            Use of supervisory authority over person who manages business engaged in ophthalmic dispensing.

637.239            Adoption by reference of certain standards for prescription ophthalmic lenses.

637.241            Equipment for dispensing opticians; general requirements.

637.245            Equipment for fitting contact lenses.

637.250            Advertising which quotes prices of ophthalmic goods and services.

APPRENTICE DISPENSING OPTICIANS

637.260            Qualifications for licensure; application; fee.

637.263            Reinstatement of delinquent license.

637.265            Fee for renewal or reinstatement of license.

637.280            Supervision of apprentice.

637.285            Evidence of enrollment in educational program on theory of ophthalmic dispensing.

637.287            Demonstration of orderly progress toward completion of apprenticeship.

637.290            Training and experience; areas of instruction.

637.295            Continuing education.

637.300            Change of employer.

PRACTICE BEFORE THE BOARD OF DISPENSING OPTICIANS

General Provisions

637.310            Scope.

637.320            Communications.

637.333            Authority to file complaint.

637.335            Form and contents of complaint.

637.337            Review and disposition of complaint.

Parties

637.340            Classification of parties.

637.350            Staff of Board may be party to proceeding.

637.390            Service of process on attorney.

637.410            Conduct required; removal from proceeding.

Pleadings, Motions, Briefs and Other Papers

637.420            Captions, amendments and construction of pleadings.

637.430            Petitions.

637.440            Charging documents.

637.450            Motions.

637.460            Filing.

637.470            Service of process.

637.480            Proof of service.

Proceedings

637.490            Petition for hearing.

637.550            Testimony must be under oath.

637.590            Stipulations.

637.600            Official notice of Board.

637.620            Decision by Board.

Declaratory Orders and Advisory Opinions

637.650            Petitions.

637.660            Procedure for consideration of petition.

637.670            Draft of opinion or order by member of Board; approval by Board.

637.680            Notice.

637.690            Compliance with opinion or order.

Petitions for Adoption, Filing, Amendment or Repeal of Regulations

637.700            Format; contents; action by Board.

 

 

GENERAL PROVISIONS

      NAC 637.001  Definitions. (NRS 637.070)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 637.003 to 637.008, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004)

      NAC 637.003  “Board” defined. (NRS 637.070)  “Board” means the Board of Dispensing Opticians.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002)

      NAC 637.006  “Dispensing optician” defined. (NRS 637.070)  “Dispensing optician” means a person engaged in the practice of ophthalmic dispensing.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002)

      NAC 637.007  “Hour of continuing education” defined. (NRS 637.070)  “Hour of continuing education” means 50 minutes of instruction devoted to a program of continuing education that is related to the practice of ophthalmic dispensing.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.008  “Hour of training and experience” defined. (NRS 637.070)  “Hour of training and experience” means 50 minutes of instruction devoted to a program of training and experience that is related to the practice of ophthalmic dispensing.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.009  “Manage a business engaged in ophthalmic dispensing” interpreted. (NRS 637.070, 637.090)  As used in this chapter and NRS 637.090, the Board will interpret the term “manage a business engaged in ophthalmic dispensing” to mean having the responsibility for ophthalmic dispensing and having direct supervisory responsibility for employees who engage in ophthalmic dispensing, including employees who are not licensed pursuant to this chapter and chapter 637 of NRS, at a single place of business.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.010  Construction. (NRS 637.070)  This chapter will be:

     1.  Liberally construed to secure just, speedy and economical determinations of all issues presented to the Board and to effectuate the purposes of chapters 233B, 622A and 637 of NRS and all other applicable provisions of law.

     2.  Construed as being in harmony with the provisions of chapter 637 of NRS.

     [Bd. of Dispensing Opt., Nos. 1.2 & 1.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.020  Severability. (NRS 637.070)  If any of the provisions of this chapter or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

     [Bd. of Dispensing Opt., No. 1.4, eff. 10-6-78]

BOARD OF DISPENSING OPTICIANS

      NAC 637.100  Officers. (NRS 637.040, 637.070)

     1.  The Board will elect its officers at its first regular or special meeting after October 1 of each year.

     2.  The term of office is 1 year.

     [Bd. of Dispensing Opt., No. 13.1, eff. 10-6-78; A 11-30-79; Nos. 13.2-13.4, eff. 10-6-78; No. 13.5, eff. 11-30-79]—(NAC A by R042-02, 8-29-2002)

      NAC 637.110  Meetings. (NRS 637.050, 637.070)

     1.  A majority vote of a quorum of the Board is necessary to conduct business.

     2.  Robert’s Rules of Order govern the general conduct of meetings of the Board when not otherwise provided by these rules or by law. Persons who willfully disrupt meetings may be removed.

     3.  Special meetings may be called by the President of the Board on his or her own motion or by written consent of two or more other Board members.

     [Bd. of Dispensing Opt., Nos. 14.2-14.4, eff. 10-6-78]

      NAC 637.120  Salary of members. (NRS 637.045, 637.070)  Each member of the Board is entitled to receive a salary of $150 per day while engaged in the business of the Board.

     (Added to NAC by Bd. of Dispensing Opt., eff. 3-7-90; A by R201-07, 4-17-2008)

      NAC 637.123  Inspections: Authority of Board; licensee to provide access; failure to cooperate; disciplinary action. (NRS 637.070, 637.150)

     1.  The Board may inspect the place of dispensing of a licensee to ensure compliance with the provisions of this chapter and chapter 637 of NRS. This authority extends to any member of the Board and its authorized employees and designees.

     2.  A licensee shall provide access to facilitate an inspection initiated pursuant to subsection 1.

     3.  Failure to cooperate with an inspection conducted pursuant to this section constitutes grounds for disciplinary action pursuant to NRS 637.150.

     4.  If the Board, its members or authorized employees or designees note one or more violations of this chapter or chapter 637 of NRS as a result of the inspection, the Board may initiate disciplinary action against one or more licensees in accordance with the provisions of this chapter and chapters 233B, 622A and 637 of NRS.

     (Added to NAC by Bd. of Dispensing Opt. by R073-12, eff. 6-3-2013)

      NAC 637.125  Hearings and investigations; taking evidence. (NRS 637.070)  In a manner consistent with the provisions of chapter 622A of NRS, the Board may hold hearings and conduct investigations relating to its duties under this chapter and chapter 637 of NRS and take evidence on any matter under inquiry before the Board.

     (Added to NAC by Bd. of Dispensing Opt. by R073-12, eff. 6-3-2013)

LICENSING

      NAC 637.130  Definitions. (NRS 637.070)  As used in NAC 637.130 to 637.230, inclusive, unless the context otherwise requires:

     1.  “Dispensing optician” means a person who holds a license as a dispensing optician pursuant to NRS 637.120; and

     2.  “Dispensing optician with a limited license” means a person who holds a limited license as a dispensing optician pursuant to NRS 637.121.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.132  Special license: Interpretation of statutory requirements. (NRS 637.070)  With respect to an applicant for a special license as a dispensing optician pursuant to NRS 637.127, the Board will interpret:

     1.  The requirement of passing an examination administered by the Board set forth in paragraph (i) of subsection 1 of NRS 637.127 to mean that the applicant must pass the Board’s examination for a license as a dispensing optician set forth in NAC 637.160.

     2.  The requirement of 5 years of experience as a dispensing optician set forth in subparagraph (2) of paragraph (j) of subsection 1 of NRS 637.127 to include as a portion thereof the requirement of 100 hours of experience relating to the fitting and filling of prescriptions for contact lenses set forth in subsection 1 of NAC 637.148.

     (Added to NAC by Bd. of Dispensing Opt. by R201-07, eff. 4-17-2008)

      NAC 637.140  License required to provide ophthalmic products directly to public; authorized scope of practice of laboratory personnel. (NRS 637.070, 637.090)

     1.  Except as otherwise provided by specific statute, a person who does not hold a license as a dispensing optician, a limited license as a dispensing optician or a license as an apprentice dispensing optician shall not provide any ophthalmic products directly to the public.

     2.  Laboratory personnel, including, without limitation, laboratory technicians, shall be deemed not to be engaged in the practice of ophthalmic dispensing and are not required to be licensed pursuant to NRS 637.090 if the laboratory personnel:

     (a) Except as otherwise provided in subsection 3, do not perform any of the acts described in subsection 1 or 2 of NRS 637.022; and

     (b) Provide ophthalmic products only and directly to licensed dispensing opticians, licensed ophthalmologists and licensed optometrists.

     3.  Without obtaining a license pursuant to this chapter and chapter 637 of NRS, a laboratory technician may perform any act to the fullest extent for which a license is not required pursuant to this chapter and chapter 637 of NRS, including, without limitation, grinding lenses or fabricating eyewear, as described in paragraph (b) of subsection 2 of NRS 637.022.

     4.  As used in this section, “ophthalmic products” includes, without limitation:

     (a) Ophthalmic lenses for sunglasses, dive masks, sports goggles and occupational goggles;

     (b) Ophthalmic prescription lenses;

     (c) Ophthalmic devices that have dioptric power and are attached to eyeglasses; and

     (d) All prescription and nonprescription contact lenses, including, without limitation, prepackaged contact lenses, individual contact lenses, cosmetic contact lenses and theatrical contact lenses.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R073-12, 6-3-2013)

      NAC 637.144  Requirements for managing ophthalmic dispensing. (NRS 637.070, 637.090)

     1.  A person who manages a business engaged in ophthalmic dispensing:

     (a) Must be a dispensing optician or a dispensing optician with a limited license;

     (b) Is responsible for supervising the ophthalmic dispensing and the consulting on optical fashions conducted at the business engaged in ophthalmic dispensing; and

     (c) Must, within 10 days after becoming the ophthalmic manager of the business, notify the Board, in writing, that he or she is the ophthalmic manager.

     2.  Each ophthalmic dispensing area of a business engaged in ophthalmic dispensing must have an ophthalmic manager as described in subsection 1 who makes decisions that concern ophthalmic dispensing and a business manager who makes decisions that do not concern ophthalmic dispensing, except that the ophthalmic manager and the business manager may be the same person. The ophthalmic manager must have ultimate authority with respect to any matter relating to ophthalmic dispensing governed by the provisions of this chapter or chapter 637 of NRS, and the decision of the ophthalmic manager with respect to any such matter may not be superseded by the business manager.

     3.  An apprentice dispensing optician shall not:

     (a) Act as a person who manages a business engaged in ophthalmic dispensing; or

     (b) Under any circumstances act in such a manner as to supersede the authority or any decision of a dispensing optician or a dispensing optician with a limited license.

     4.  As used in this section, “person who manages a business engaged in ophthalmic dispensing” means the person who is in charge of the ophthalmic dispensing area of such a business. The term does not include the general manager of a retail establishment who is not in charge of ophthalmic dispensing.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004; A by R113-06, 6-28-2006; R201-07, 4-17-2008; R043-10, 6-30-2010)

      NAC 637.148  Completion and proof of required hours of training and experience. (NRS 637.070, 637.100)

     1.  Except as otherwise provided in subsection 3, an applicant for a license as a dispensing optician must furnish proof on a form provided by the Board and signed by the supervisor of the applicant that he or she has completed the following hours of training and experience relating to the fitting and filling of prescriptions for contact lenses required pursuant to subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100:

     (a) Thirty hours of contact lens fitting;

     (b) Twenty hours of follow-up care relating to contact lens fitting;

     (c) Twenty hours of instrumentation;

     (d) Fifteen hours of insertion and removal of contact lenses;

     (e) Ten hours of inspection of contact lenses; and

     (f) Five hours of filling prescriptions for contact lenses.

     2.  The completion of one or more courses of instruction in contact lens fitting or contact lens theory in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing approved by the Board may count toward the completion of the hours of training and experience described in subsection 1.

     3.  As an alternative to the form described in subsection 1, the Board may request and accept other documentation proving that an applicant has completed the hours of training and experience described in subsection 1.

     4.  As used in subsection 1, “supervisor” means an ophthalmologist, an optometrist or a dispensing optician.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004; A by R073-12, 6-3-2013)

      NAC 637.150  Application for examination; training and experience required for certain applicants; reexamination; fees. (NRS 637.070, 637.100, 637.110)

     1.  An application for an examination required to obtain a license as a dispensing optician pursuant to NRS 637.120 must be made to the Board at least 60 days before the date of the examination. The application must be made on forms provided by the Board.

     2.  The applicant must provide with the application:

     (a) Proof that he or she has met the requirements set forth in NRS 637.100.

     (b) Three letters concerning his or her character from references, one of which must be from a dispensing optician or a person who has worked in the optical industry with the applicant.

     (c) An affidavit attesting to the truthfulness of all statements made in the application.

     (d) Proof of completion of the hours of training and experience required pursuant to subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100.

     (e) A statement indicating whether he or she has had a professional license revoked or suspended in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the revocation or suspension and, if requested by the Board, submit to a background check.

     (f) A statement indicating whether he or she has been convicted of a misdemeanor, gross misdemeanor or felony in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the conviction and, if requested by the Board, submit to a background check.

     3.  For the purposes of paragraph (d) of subsection 1 of NRS 637.100, the Board will consider an applicant who has received a general equivalency diploma to have graduated from the equivalent of an accredited high school.

     4.  An applicant who has 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 must obtain the required 2,000 hours of training and experience.

     5.  The submission of false or misleading statements on the application filed with the Board or the failure to provide information required on any form is sufficient cause for the Board to reject the application or revoke the license of a dispensing optician.

     6.  A fee of $350 must accompany the application. Upon approval by the Board, an applicant who has failed the examination may be reexamined for a license as a dispensing optician if the applicant submits to the Board a fee of $250 and a written request for reexamination at least 60 days before the next date of examination.

     7.  An applicant who has failed the examination may request to retake the examination.

     [Bd. of Dispensing Opt., No. 18, eff. 10-6-78; A 10-16-80]—(NAC A 12-17-87; R042-02, 8-29-2002; R108-04, 12-1-2004; R201-07, 4-17-2008; R073-12, 6-3-2013)

      NAC 637.160  Scope, content and administration of examination. (NRS 637.070, 637.100, 637.110)

     1.  The Board’s examination for a license as a dispensing optician will test the dispensing skills of the applicant and will consist of a practical section and a written section.

     2.  Each section of the examination will test the applicant’s proficiency and knowledge in the following subjects and approximate proportions:

     (a) For the practical section:

          (1) Neutralization of ophthalmic products, 30 percent.

          (2) Ophthalmic product identification, 5 percent.

          (3) Ophthalmic instrumentation, 10 percent.

     (b) For the written section:

          (1) Optical theory, 15 percent.

          (2) Dispensing of ophthalmic products, 10 percent.

          (3) The provisions of this chapter and chapter 637 of NRS, 15 percent.

          (4) Anatomy, physiology and health of the eye, 15 percent.

     3.  If an applicant for a license as a dispensing optician holds a limited license as a dispensing optician in good standing, the Board may modify the examination described in this section to test the applicant’s proficiency and knowledge in the following subjects and approximate proportions:

     (a) For the practical section:

          (1) Neutralization of ophthalmic products, 20 percent.

          (2) Instrumentation and fitting, 20 percent.

     (b) For the written section:

          (1) Basic contact lens, 30 percent.

          (2) The provisions of this chapter and chapter 637 of NRS, 15 percent.

          (3) Slide identification, 15 percent.

     4.  The examination will be conducted in the presence of at least two board members, both of whom must be dispensing opticians. Other dispensing opticians may be employed by the Board to assist in administering the practical examination.

     5.  The Board will provide to an applicant who fails the examination written notification of the percentage scored in each subject.

     [Bd. of Dispensing Opt., Nos. 19.1 & 19.2, eff. 10-6-78; A 10-16-80; No. 19.3, eff. 10-6-78; A 11-30-79; No. 19.5, eff. 10-16-80]—(NAC A by R042-02, 8-29-2002; R108-04, 12-1-2004; R113-06, 6-28-2006; R073-12, 6-3-2013)

      NAC 637.190  Continuing education: Submission of certificate; exemption. (NRS 637.070, 637.121, 637.135)

     1.  Except as otherwise provided in subsection 2, a copy of a certificate proving that a dispensing optician or a dispensing optician with a limited license has taken the required hours of continuing education must be submitted to the Board at the time of license renewal.

     2.  A dispensing optician or dispensing optician with a limited license who received his or her license by examination is not required to submit a copy of a certificate of continuing education for the first renewal of the license.

     [Bd. of Dispensing Opt., No. 20.5, eff. 10-6-78; No. 20.6, eff. 11-30-79]—(NAC A by R042-02, 8-29-2002; R108-04, 12-1-2004)

      NAC 637.200  Continuing education: Subjects; approval of and credit for courses; minimum hours. (NRS 637.070, 637.121, 637.135)

     1.  Subjects for continuing education in ophthalmic dispensing include:

     (a) Mechanical and geometric optics;

     (b) The measurement, fitting and adapting of eyeglasses, contact lenses and optical prosthetics;

     (c) Optical materials and their design and uses as visual aids;

     (d) The nature and properties of light and its refraction by lenses;

     (e) The anatomy and physiology of the eye and its appendages;

     (f) The principles of management relating to ophthalmic dispensing;

     (g) The principles of ophthalmic dispensing and the wearing of contact lenses related to ophthalmology and optometry;

     (h) Refractometry;

     (i) Anatomy, physiology and health of the eye;

     (j) Ethics in ophthalmic dispensing;

     (k) Ophthalmic products;

     (l) Cardiopulmonary resuscitation training; and

     (m) The provisions of this chapter and chapter 637 of NRS.

     2.  The Board will approve each course of continuing education and determine the number of credits to be given for each course. A sponsor of a course shall submit to the Board an outline of the course, and any other related materials that the Board may require, for approval of the course before the course is offered.

     3.  A licensee is not entitled to receive credit for a course of continuing education unless the course is approved by the Board. A licensee may seek approval of a course before attending the course to receive credit towards his or her hours of continuing education by submitting to the Board an outline of the course and any other related materials that the Board may require.

     4.  A licensee who attends the same educational lecture more than once every 3 years is entitled to count only his or her original attendance as credit toward the licensee’s hours of continuing education.

     5.  A dispensing optician with a limited license may not receive more than a total of six credits each year towards his or her hours of continuing education for completion of self-study courses or courses offered over the Internet.

     6.  A dispensing optician may not receive more than a total of seven credits each year towards his or her hours of continuing education for completion of self-study courses or courses offered over the Internet.

     7.  A dispensing optician with a limited license shall complete at least 12 hours of continuing education each year. The dispensing optician with a limited license is entitled to receive credit for not more than 6 additional hours of continuing education completed during a year and may apply those hours of continuing education to the requirement for continuing education for the following year.

     8.  A dispensing optician shall complete at least 14 hours of continuing education each year, including 7 hours of instruction related to the practice and theory of fitting contact lenses. The dispensing optician is entitled to receive credit for not more than 7 additional hours of continuing education completed during a year and may apply those hours of continuing education to the requirement for continuing education for the following year.

     [Bd. of Dispensing Opt., Nos. 20.3 & 20.4, eff. 10-6-78; No. 20.7, eff. 10-16-80]—(NAC A 11-14-97; R042-02, 8-29-2002; R108-04, 12-1-2004; R113-06, 6-28-2006)

      NAC 637.215  Transfer of license to inactive list; renewal of inactive status; reactivation of license. (NRS 637.070, 637.121, 637.140)  The holder of a license as a dispensing optician or a limited license as a dispensing optician who has paid the fee for the transfer of the license to an inactive list as set forth in NAC 637.220:

     1.  Will remain on the inactive list for a period of 5 years, unless the holder of the license renews his or her inactive status pursuant to subsection 3 or reactivates the license pursuant to subsection 4.

     2.  Is not required to obtain the credits for continuing education required for the holder of an equivalent license that is on active status.

     3.  May renew his or her inactive status for a second 5-year period. To renew his or her inactive status, the holder of the license must submit to the Board a written notice of extension.

     4.  May reactivate his or her license by:

     (a) Submitting a letter to the Board requesting the reactivation of the license;

     (b) Obtaining, within the 12 months immediately preceding the submission of the letter requesting reactivation of the license:

          (1) If the holder is a dispensing optician, 14 hours of continuing education credits, as required pursuant to NAC 637.200; or

          (2) If the holder is a dispensing optician with a limited license, 12 hours of continuing education credits, as required pursuant to NAC 637.200;

     (c) Submitting an application for the renewal of a license; and

     (d) Paying the fee for reactivation of the license as set forth in NAC 637.220.

     (Added to NAC by Bd. of Dispensing Opt., eff. 6-26-95; A by R042-02, 8-29-2002; R108-04, 12-1-2004; R073-12, 6-3-2013)

      NAC 637.218  Reinstatement of delinquent license. (NRS 637.070, 637.121, 637.140)  A dispensing optician who fails to renew his or her license or limited license before the license or limited license expires on January 31 of each year may have the license or limited license reinstated if the dispensing optician:

     1.  Applies for reinstatement within 2 years of the expiration of the license or limited license;

     2.  Provides proof of completion of any required continuing education;

     3.  Pays the renewal fee; and

     4.  Pays the delinquency fee.

     (Added to NAC by Bd. of Dispensing Opt. by R113-06, eff. 6-28-2006)

      NAC 637.220  Fees for renewal, reinstatement, transfer and reactivation of license. (NRS 637.070, 637.121, 637.140)

     1.  The fee for the annual renewal of a:

     (a) License as a dispensing optician is $300.

     (b) Limited license as a dispensing optician is $200.

     2.  The annual delinquency fee for reinstatement of a:

     (a) License as a dispensing optician is $300.

     (b) Limited license as a dispensing optician is $200.

     3.  The fee for the transfer of a:

     (a) License as a dispensing optician to an inactive list is $300.

     (b) Limited license as a dispensing optician to an inactive list is $200.

     4.  The fee for the reactivation of a:

     (a) License as a dispensing optician is $300.

     (b) Limited license as a dispensing optician is $200.

     [Bd. of Dispensing Opt., No. 23.1, eff. 11-30-79; A 10-16-80]—(NAC A 2-5-82; 2-18-87; 12-17-87; 6-26-95; R042-02, 8-29-2002; R108-04, 12-1-2004)

      NAC 637.225  Issuance of duplicate license. (NRS 637.070, 637.120)  The Board may, upon the receipt of a written application and the payment of a fee of $25, issue a duplicate license to the applicant.

     (Added to NAC by Bd. of Dispensing Opt., eff. 3-7-90; A by R073-12, 6-3-2013)

      NAC 637.230  Licensees to file addresses and change of address with Board. (NRS 637.070)

     1.  Each licensee in this State shall file with the Board the licensee’s home or mailing address and business address.

     2.  The Board must be notified of a change of a licensee’s home address within 30 days of such change.

     3.  The Board must be notified of a change of a licensee’s business address within 10 days of such change.

     [Bd. of Dispensing Opt., No. 15, eff. 10-6-78]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)

PROFESSIONAL PRACTICE

      NAC 637.235  Grounds for disciplinary action: “Unethical or unprofessional conduct” interpreted. (NRS 637.070, 637.150)

     1.  As used in paragraph (l) of subsection 1 of NRS 637.150, the Board will interpret the phrase “unethical or unprofessional conduct” to include, without limitation:

     (a) Performing acts beyond the scope of the practice of ophthalmic dispensing;

     (b) Performing dispensing duties while under the influence of intoxicating liquor or a controlled substance;

     (c) Presenting any false or deceptive information to the Board or the public;

     (d) Engaging in the sexual harassment of any employee or consumer;

     (e) Attempting to obtain or retain a consumer, either directly or indirectly, by way of intimidation, coercion or deception;

     (f) Engaging in conduct that would lead to the harm or endangerment of the public;

     (g) Engaging in conduct that would be a violation of NAC 637.237; or

     (h) Violating an order issued by the Board.

     2.  As used in this section, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other speech or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an environment which is intimidating, hostile or offensive to an employee or consumer.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R073-12, 6-3-2013)

      NAC 637.237  Use of supervisory authority over person who manages business engaged in ophthalmic dispensing. (NRS 637.070, 637.090)  A person who has supervisory authority over a person who manages a business engaged in ophthalmic dispensing and intentionally influences or attempts to influence the decisions of that person relating to ophthalmic dispensing shall be deemed to have violated the provisions of NRS 637.090.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.239  Adoption by reference of certain standards for prescription ophthalmic lenses. (NRS 637.070, 637.073)

     1.  The Board hereby adopts by reference for use in this State the recommendations of the American National Standards Institute for prescription ophthalmic lenses set forth in ANSI Z80.1-2005, as those standards existed on April 17, 2008.

     2.  If the publication adopted by reference in subsection 1 is revised, the Board will review the revision to determine its suitability for this State. If the Board determines that the revision is not suitable for this State, the Board will hold a public hearing to review its determination and give notice of that hearing within 90 days after the date of the publication of the revision. If, after the hearing, the Board does not revise its determination, the Board will give notice that the revision is not suitable for this State within 90 days after the hearing. If the Board does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 1.

     3.  A copy of the publication adopted by reference in subsection 1 may be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York, New York 10036, by telephone at (212) 642-4900 or at the Internet address http://www.webstore.ansi.org, at a price of $63.20 for members and $79.00 for nonmembers.

     (Added to NAC by Bd. of Dispensing Opt. by R201-07, eff. 4-17-2008)

      NAC 637.241  Equipment for dispensing opticians; general requirements. (NRS 637.070)

     1.  A dispensing optician:

     (a) Shall have the following optical equipment at the place of dispensing:

          (1) A lens clock;

          (2) A lensometer; and

          (3) A pupilometer.

     (b) May have such additional equipment as he or she determines necessary.

     2.  All equipment must be in good working order.

     (Added to NAC by Bd. of Dispensing Opt. by R201-07, eff. 4-17-2008)

      NAC 637.245  Equipment for fitting contact lenses. (NRS 637.070)  A dispensing optician shall not fit contact lenses unless the dispensing optician has access to equipment for fitting contact lenses on the premises, including, without limitation:

     1.  A slit lamp;

     2.  A radioscope;

     3.  A keratometer;

     4.  A contact lens loop;

     5.  A thickness and diameter gauge;

     6.  A fluorescene scope; and

     7.  Trial lenses.

     (Added to NAC by Bd. of Dispensing Opt., eff. 10-26-95; A 11-14-97)

      NAC 637.250  Advertising which quotes prices of ophthalmic goods and services. (NRS 637.070, 637.150)

     1.  Advertising which quotes prices of ophthalmic goods and services must include the following information:

     (a) Whether the advertised price includes single vision or multifocal glass or plastic lenses;

     (b) Whether the advertised price for contact lenses refers to “hard” or “soft” lenses;

     (c) Whether the advertised price of ophthalmic goods includes all dispensing fees;

     (d) Whether the advertised price for eyeglasses includes both frames and lenses; and

     (e) Whether the advertised lens price includes all lens prescription powers.

     2.  Each advertisement in violation of any one of the provisions of subsection 1 is a separate offense punishable pursuant to NRS 637.150.

     [Bd. of Dispensing Opt., No. 22, eff. 10-6-78]—(NAC A by R108-04, 12-1-2004)

APPRENTICE DISPENSING OPTICIANS

      NAC 637.260  Qualifications for licensure; application; fee. (NRS 637.070, 637.100, 637.110)

     1.  To qualify for licensure as an apprentice 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.

     2.  Each person desiring to be employed as an apprentice dispensing optician must file an application with the Board stating:

     (a) The date of the application for licensure.

     (b) The name and address of the optical establishment where the apprenticeship will be conducted.

     (c) The name and license number of the supervisory ophthalmologist, optometrist or dispensing optician.

     (d) The name and license number of the ophthalmic manager of the optical establishment where the apprenticeship will be conducted and, if applicable, the name of the business manager.

     (e) A statement indicating whether he or she has had a professional license revoked or suspended in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the revocation or suspension and, if requested by the Board, submit to a background check.

     (f) A statement indicating whether he or she has been convicted of a misdemeanor, gross misdemeanor or felony in this State or any other state or jurisdiction. If so, the applicant must disclose the circumstances of the conviction and, if requested by the Board, submit to a background check.

     3.  Each application must be certified under oath by the applicant and the supervising ophthalmologist, optometrist or dispensing optician.

     4.  A fee of $100 must accompany each application. The fee will not be refunded.

     [Bd. of Dispensing Opt., Nos. 16.1 & 16.2, eff. 10-6-78; No. 16.4, eff. 11-30-79]—(NAC A 12-17-87; R108-04, 12-1-2004; R043-10, 6-30-2010; R073-12, 6-3-2013)

      NAC 637.263  Reinstatement of delinquent license. (NRS 637.070, 637.100, 637.123)

     1.  Except as otherwise provided in subsection 2, an apprentice dispensing optician who fails to renew his or her license before the license expires on January 31 of each year may have the license reinstated if the apprentice dispensing optician:

     (a) Provides proof that he or she made orderly progress toward the completion of his or her apprenticeship pursuant to NAC 637.287;

     (b) Pays the renewal fee; and

     (c) Pays the delinquency fee.

     2.  The Board will not reinstate the delinquent license of an apprentice dispensing optician who does not apply for reinstatement before March 1 of each year.

     (Added to NAC by Bd. of Dispensing Opt. by R113-06, eff. 6-28-2006; A by R073-12, 6-3-2013)

      NAC 637.265  Fee for renewal or reinstatement of license. (NRS 637.070, 637.123)

     1.  The fee for the annual renewal of a license as an apprentice dispensing optician is $50.

     2.  The annual delinquency fee for reinstatement of a license as an apprentice dispensing optician is $100.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004)

      NAC 637.280  Supervision of apprentice. (NRS 637.070, 637.100, 637.125)

     1.  A supervisor who is licensed in this State must be on the premises of the optical establishment at all times to directly supervise an apprentice dispensing optician. In all instances of a supervisor’s absence, a substitute supervisor who is licensed in this State must be obtained to directly supervise the apprentice dispensing optician.

     2.  When a permanent change of supervision is made by the employer, the supervisor and apprentice dispensing optician shall notify the Board, in writing, of the change within 10 days.

     3.  A supervisor shall not directly supervise more than two apprentice dispensing opticians at any one time.

     4.  Except as otherwise provided in subsection 5, an apprentice dispensing optician and his or her supervisor must be employed by the same employer at the same work location.

     5.  An apprentice dispensing optician may be directly supervised by any dispensing optician authorized to fit and fill prescriptions for contact lenses, ophthalmologist or optometrist in order to complete the 100 hours of training and experience in the fitting and filling of prescriptions for contact lenses required pursuant to subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100.

     6.  An apprentice dispensing optician and his or her supervisor must each be able to read, write, speak and understand the English language.

     7.  As used in this section:

     (a) “Directly supervise” means physically providing individual direction, control, inspection and evaluation of work based on the training, experience and education of the apprentice dispensing optician, and any other relevant factors.

     (b) “Supervisor” means an ophthalmologist, an optometrist or a dispensing optician who directly supervises the apprentice dispensing optician.

     [Bd. of Dispensing Opt., No. 17.1, eff. 10-6-78; No. 17.2, eff. 11-30-79]—(NAC A 3-7-90; R042-02, 8-29-2002; R108-04, 12-1-2004; R113-06, 6-28-2006; R201-07, 4-17-2008; R043-10, 6-30-2010; R073-12, 6-3-2013)

      NAC 637.285  Evidence of enrollment in educational program on theory of ophthalmic dispensing. (NRS 637.070, 637.100)  An apprentice dispensing optician shall, within 3 months after the date of his or her initial licensure as an apprentice dispensing optician, submit evidence to the Board that he or she is enrolled in an educational program on the theory of ophthalmic dispensing approved by the Board.

     (Added to NAC by Bd. of Dispensing Opt., eff. 3-7-90; A by R042-02, 8-29-2002; R108-04, 12-1-2004)

      NAC 637.287  Demonstration of orderly progress toward completion of apprenticeship. (NRS 637.070, 637.100)

     1.  At the time an apprentice dispensing optician who desires to obtain a license as a dispensing optician pursuant to NRS 637.120 applies for the renewal of his or her license, the apprentice dispensing optician must demonstrate to the Board that he or she made orderly progress during the current year toward the completion of his or her apprenticeship.

     2.  The Board will consider the following as proof of orderly progress:

     (a) For an apprentice dispensing optician who has not yet completed the educational program on the theory of ophthalmic dispensing in which the apprentice dispensing optician is required to be enrolled pursuant to NAC 637.285 and who has been licensed for at least 6 months of the calendar year:

          (1) Successful completion of one or more educational courses as part of an approved program for a degree of associate in applied science for studies in ophthalmic dispensing; or

          (2) Successful completion of one or more college or home-study courses as part of an approved program for a certificate for studies in ophthalmic dispensing or contact lens theory.

     (b) For an apprentice dispensing optician who has completed the educational program on the theory of ophthalmic dispensing in which the apprentice dispensing optician is required to be enrolled pursuant to NAC 637.285:

          (1) Successful completion of 100 hours of practical instruction or training in contact lenses;

          (2) Taking or passing the examination of the American Board of Opticianry;

          (3) Taking or passing the Contact Lens Registry Examination of the National Contact Lens Examiners;

          (4) Taking or passing the Board’s examination for a license as a dispensing optician; or

          (5) Successful completion of at least 14 hours of continuing education in accordance with NAC 637.295 if the apprentice:

               (I) Made orderly progress as described in each of subparagraphs (1) to (4), inclusive, before the current renewal period; and

               (II) Does not have the experience required in NRS 637.100 to qualify for the Board’s examination for a license as a dispensing optician.

     (Added to NAC by Bd. of Dispensing Opt. by R108-04, eff. 12-1-2004; A by R073-12, 6-3-2013)

      NAC 637.290  Training and experience; areas of instruction. (NRS 637.070, 637.100)

     1.  An apprentice dispensing optician who desires to obtain a license as a dispensing optician pursuant to NRS 637.120 must receive instruction and personal supervision in the skills required in an optical establishment and in related duties during the 3 years of training required pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 637.100. Such training must include at least 2,000 hours of training and experience at the fitting table and in preparing laboratory orders, verifying processed work from the laboratory and the performance of other duties related to ophthalmic dispensing.

     2.  An apprentice dispensing optician who desires to obtain a license as a dispensing optician pursuant to NRS 637.120 and who has successfully completed a course of study in a school which offers a degree of associate of science in ophthalmic dispensing must receive at least 1,000 hours of training and experience at the fitting table and in preparing laboratory orders, verifying processed work from the laboratory and the performance of other duties related to ophthalmic dispensing.

     3.  The completion of one or more courses taught in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing may count toward the completion of the hours of training and experience required pursuant to subsections 1 and 2 if the courses:

     (a) Provide the apprentice dispensing optician with instruction equivalent to training and experience at the fitting table and in preparing laboratory orders, verifying processed work from the laboratory or the performance of other duties related to ophthalmic dispensing; and

     (b) Are approved by the Board.

     4.  Upon approval by the Board, if an apprentice dispensing optician holds a limited license as a dispensing optician in good standing, the hours of training and experience that he or she received as a dispensing optician with a limited license may count towards the hours of training and experience required pursuant to subsections 1 and 2.

     5.  Areas of instruction for apprenticeship must include the following:

     (a) Ocular anatomy, physiology and refractive anomalies of the eye;

     (b) Processes of vision, especially the effect of light, lenses and prisms placed before the eye;

     (c) Theoretical optics;

     (d) Ophthalmic vocabulary;

     (e) Ophthalmic prescription interpretation, eyeglass lens and contact lens identification, fitting and adjustment of eyeglasses, and use of instruments in the analysis of eyeglass lenses and contact lenses in a practical examination;

     (f) All facets of ophthalmic dispensing procedures; and

     (g) The provisions of this chapter and chapter 637 of NRS.

     [Bd. of Dispensing Opt., No. 17.2, eff. 10-6-78; A and renumbered as No. 17.3, 11-30-79]—(NAC A 10-26-95; R042-02, 8-29-2002; R108-04, 12-1-2004)

      NAC 637.295  Continuing education. (NRS 637.070, 637.123)

     1.  Except as otherwise provided in subsection 2, an apprentice dispensing optician who desires to obtain a license as a dispensing optician pursuant to NRS 637.120 must make orderly progress as described in NAC 637.287 for each year of his or her apprenticeship as a prerequisite to the renewal of his or her license. For the purpose of proving orderly progress pursuant to subparagraph (5) of paragraph (b) of subsection 2 of NAC 637.287, continuing education must meet the requirements of this section and proof of successful completion of the continuing education must be submitted to the Board not later than January 31 following the calendar year in which the continuing education was completed.

     2.  A course, seminar or workshop for continuing education must be:

     (a) Approved by the Board or the Board’s committee on continuing education at least 15 days before it is offered; or

     (b) Taught in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and which is nationally or regionally accredited.

     3.  The Board may waive or alter the requirements of this section relating to continuing education if the intent of the requirements would not be carried out by its strict application.

     (Added to NAC by Bd. of Dispensing Opt., 12-17-87, eff. 1-1-88; A 11-14-97; R108-04, 12-1-2004; R073-12, 6-3-2013)

      NAC 637.300  Change of employer. (NRS 637.070, 637.100)  An amended application on a form prescribed by the Board must be submitted by an apprentice dispensing optician within 10 days after his or her employment changes. The Board will not approve more than 10 days of experience gained by an apprentice dispensing optician with a new employer before the amended application is received by the Board.

     [Bd. of Dispensing Opt., No. 16.5, eff. 11-30-79]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)

PRACTICE BEFORE THE BOARD OF DISPENSING OPTICIANS

General Provisions

      NAC 637.310  Scope. (NRS 637.070)  NAC 637.310 to 637.700, inclusive, govern practice and procedure before the Board.

     [Bd. of Dispensing Opt., No. 1.1, eff. 10-6-78]—(NAC A by R042-02, 8-29-2002)

      NAC 637.320  Communications. (NRS 637.070)  Any formal written communication, payment or document must be addressed to the Board at its office and is deemed filed or made on the date of the postmark on the envelope in which it was mailed in accordance with the provisions of NRS 238.100.

     [Bd. of Dispensing Opt., No. 2.1, eff. 10-6-78; A 11-30-79]

      NAC 637.333  Authority to file complaint. (NRS 637.070)  Any member of the Board or public may file a written complaint with the Board if he or she believes:

     1.  A licensee has violated a provision of this chapter or chapter 637 of NRS;

     2.  An unlicensed person is engaged in activities requiring a license pursuant to the provisions of this chapter or chapter 637 of NRS; or

     3.  A person employs a dispensing optician, apprentice dispensing optician or other person in violation of NRS 637.125.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004)

      NAC 637.335  Form and contents of complaint. (NRS 637.070)

     1.  A complaint filed pursuant to NAC 637.333 must:

     (a) Be on a form prescribed by the Board;

     (b) Be signed and verified by the person filing the complaint, under penalty of perjury; and

     (c) Include the name, address and telephone number of the person filing the complaint.

     2.  The form prescribed by the Board must state that:

     (a) The person making the complaint may be required to testify at a judicial or administrative proceeding; and

     (b) The Board may send a notice and copy of the complaint to the licensee or the person who is the subject of the complaint.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004)

      NAC 637.337  Review and disposition of complaint. (NRS 637.070)

     1.  The person designated by the Board to review complaints filed pursuant to NAC 637.333:

     (a) Shall review each complaint to determine whether the information, alone or taken together with other evidence, documentary or otherwise, is sufficient to require an investigation; and

     (b) May cause any complaint to be investigated.

     2.  If a complaint is filed pursuant to NAC 637.333:

     (a) The matter will be placed on the Board’s agenda to consider whether the complaint should be dismissed or investigated further, whether a charging document should be filed pursuant to NAC 637.440 or, if the complaint is filed against:

          (1) An unlicensed person pursuant to subsection 2 of NAC 637.333, whether the Board should issue a cease and desist order pursuant to subsection 2 of NRS 637.181; or

          (2) A person pursuant to subsection 3 of NAC 637.333, whether the Board should impose a fine pursuant to subsection 1 of NRS 637.183; and

     (b) The Board may send written notice and a copy of the complaint to the licensee or person who is the subject of the complaint.

     3.  If a licensee or person who is the subject of a complaint does not respond within 20 days after receipt of a written notice of a complaint, the licensee or person is deemed to have admitted the allegations in the complaint.

     (Added to NAC by Bd. of Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R073-12, 6-3-2013)

Parties

      NAC 637.340  Classification of parties. (NRS 637.070)

     1.  A party in a proceeding before the Board must be called applicant, petitioner, complainant or respondent, according to the nature of the proceeding and the relationship of the party thereto.

     2.  An “applicant” is a person who is applying or petitioning for any privilege, license or authority from the Board.

     3.  A “petitioner” is a person, other than a complainant, who is petitioning the Board for affirmative relief.

     4.  A “complainant” is a person who is complaining to the Board of any act or of any person.

     5.  A “respondent” is a person against whom any complaint is filed or investigation is initiated.

     [Bd. of Dispensing Opt., Nos. 3.1-3.7, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.350  Staff of Board may be party to proceeding. (NRS 637.070)  The Board’s staff may appear at any hearing and has the right to participate as a party to the proceeding.

     [Bd. of Dispensing Opt., No. 3.8, eff. 10-6-78]

      NAC 637.390  Service of process on attorney. (NRS 637.070)  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders must be served upon the attorney and such service is effective for all purposes upon the party represented by the attorney.

     [Bd. of Dispensing Opt., No. 4.4, eff. 10-6-78]

      NAC 637.410  Conduct required; removal from proceeding. (NRS 637.070)

     1.  A person appearing in a proceeding before the Board shall be ethical and courteous.

     2.  The Board may remove a person from a proceeding for a violation of this section.

     [Bd. of Dispensing Opt., No. 4.6, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

Pleadings, Motions, Briefs and Other Papers

      NAC 637.420  Captions, amendments and construction of pleadings. (NRS 637.070)

     1.  Pleadings before the Board must be called applications, petitions, charging documents, motions, briefs or answers.

     2.  The Board may, when substantial rights of the parties are not violated, allow any pleading to be amended or corrected at any time.

     3.  All pleadings will be liberally construed with a view to administering justice between the parties, and the Board or presiding officer will, at every stage of proceeding, disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

     [Bd. of Dispensing Opt., Nos. 5.1-5.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.430  Petitions. (NRS 637.070)  A “petition” is a pleading other than an application, charging document or answer, praying for affirmative relief, including requests for declaratory orders, advisory opinions, and requests for the adoption, amendment or repeal of any regulation. A petition must set forth the full name and post office address of the petitioner and be signed by the petitioner.

     [Bd. of Dispensing Opt., No. 5.4, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.440  Charging documents. (NRS 637.070)  Upon its own initiative, or following the receipt and review of a verified complaint filed pursuant to NAC 637.333, the Board may cause a charging document to be filed against:

     1.  An applicant or holder of a license alleging one or more grounds for disciplinary action pursuant to NRS 637.150.

     2.  An unlicensed person alleging one or more grounds for disciplinary action pursuant to NRS 637.183.

     3.  A person who employs a dispensing optician, apprentice dispensing optician or other person in violation of NRS 637.125 alleging one or more grounds for disciplinary action pursuant to NRS 637.181.

     [Bd. of Dispensing Opt., No. 5.5, eff. 10-6-78]—(NAC A by R042-02, 8-29-2002; R108-04, 12-1-2004; R073-12, 6-3-2013)

      NAC 637.450  Motions. (NRS 637.070)  A decision on a motion filed pursuant to NRS 622A.360 or 622A.390 will be rendered without oral argument unless oral argument is requested by the Board. If oral argument is requested, the Board will set a date and time for a hearing on the motion. The Board may authorize the President of the Board or his or her designee to rule on the motion without a hearing.

     [Bd. of Dispensing Opt., No. 6, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.460  Filing. (NRS 637.070)

     1.  At least one copy of all pleadings, motions and briefs must be filed with the Board by mailing or delivering the copy or copies to the office of the Board.

     2.  A copy of all pleadings, motions and briefs filed with the Board must also be mailed or delivered to the Board’s counsel of record in the proceeding at the same time the pleadings, motions and briefs are filed with the Board.

     [Bd. of Dispensing Opt., No. 7.1, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.470  Service of process. (NRS 637.070)

     1.  Except as otherwise provided in subsection 2, all notices, documents, advisory opinions and declaratory orders required to be served by the Board will be served by mail to the last known home address provided to the Board by the addressee, and service thereof will be deemed complete when a true copy of such paper or document, properly addressed and stamped, is deposited in the United States mail. Parties will be notified either personally or by certified mail of any adverse decision or order.

     2.  Notice of a disciplinary hearing will be served either personally or by certified mail upon the dispensing optician or apprentice dispensing optician who is the subject of the disciplinary hearing. If an apprentice dispensing optician is the subject of a disciplinary hearing, the Board will also notify the employer of the apprentice dispensing optician by mailing a copy of the charging document and a copy of the notice of the disciplinary hearing by certified mail to the last known address of the employer to the attention of the ophthalmic manager at the same time notice is given to the subject of the disciplinary hearing.

     3.  All documents required to be served by a party must be served by mail to the last known address provided to the Board by the addressee, and service thereof shall be deemed complete when a true copy of such paper or document, properly addressed and stamped, is deposited in the United States mail.

     [Bd. of Dispensing Opt., No. 7.2, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.480  Proof of service. (NRS 637.070)  There will be included with all charging documents and orders required to be served by the Board an acknowledgment of service or the following certificate:

 

     I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy thereof in person to .........................) (by mailing a copy thereof, properly addressed, with postage prepaid to .........................).

 

Dated at ................., this .........(day) of .................(month) of .........(year)

 

                                                                                    .......................................................................

                                                                                                                 Signature

 

     [Bd. of Dispensing Opt., No. 7.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

Proceedings

      NAC 637.490  Petition for hearing. (NRS 637.070)  A person may petition to appear before the Board and be heard on a matter within the Board’s jurisdiction, as follows:

     1.  The petition must be submitted to the Board on a form prescribed by the Board and must contain a brief summary of the subject matter and a statement of the petitioner’s reasons for wishing to bring the matter before the Board.

     2.  The petition must be received by the Board at least 45 days before the meeting at which the petitioner wishes to be heard but the Board may waive this time requirement.

     3.  Upon receipt of the petition, any member of the Board may make an initial evaluation to determine whether the subject of the petition is a proper item for the agenda of a formal hearing and, if so, whether a special meeting of the Board must be called for the hearing.

     4.  If a member of the Board evaluates the petition as presenting a cause for a disciplinary action involving a revocation, suspension or probation, the petitioner must file a formal complaint and the Board will notify the petitioner of the requirements for making the complaint.

     5.  If the evaluation of the petition is that it does not present a cause for a disciplinary action involving a revocation, suspension or probation and if the subject matter of the petition is within the jurisdiction of the Board, the petition will be placed on the agenda as an item of new business for discussion.

     [Bd. of Dispensing Opt., No. 14.5, eff. 10-16-80]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)

      NAC 637.550  Testimony must be under oath. (NRS 637.070)  All testimony to be considered by the Board in any proceeding, except matters noticed officially or entered by stipulation, must be sworn testimony. Each witness must swear or affirm that the testimony he or she is about to give in the proceeding before the Board will be the truth, the whole truth, and nothing but the truth.

     [Bd. of Dispensing Opt., No. 8.5, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.590  Stipulations. (NRS 637.070)  With the approval of the Board, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any such stipulation will be binding upon all parties to the stipulation, and it may be treated as evidence in the proceeding. The Board may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

     [Bd. of Dispensing Opt., No. 8.8, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

      NAC 637.600  Official notice of Board. (NRS 637.070)  In addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, standards or records of the Board, and any regulatory agency of the State of Nevada or any court of record.

     [Bd. of Dispensing Opt., No. 8.12, eff. 10-16-80]

      NAC 637.620  Decision by Board. (NRS 637.070)

     1.  A proceeding stands submitted for decision by the Board after the taking of evidence, the filing of briefs or motions, or the presentation of such oral argument permitted by the Board.

     2.  Orders or decisions will be rendered within 90 days of the completion of the proceeding or of the Board meeting at which the matter is last considered, unless a shorter time is required by statute.

     3.  Decisions and orders of the Board will be served by sending a copy thereof by regular and certified mail to the parties of record or their representatives or by personal service. Additional copies of orders may be obtained upon written request.

     [Bd. of Dispensing Opt., Nos. 9.1-9.3, eff. 10-6-78]—(NAC A by R073-12, 6-3-2013)

Declaratory Orders and Advisory Opinions

      NAC 637.650  Petitions. (NRS 637.070)

     1.  The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of a statutory provision or a regulation or decision of the Board.

     2.  All petitions for declaratory orders and advisory opinions must be in writing on a form prescribed by the Board.

     [Bd. of Dispensing Opt., No. 11.1, eff. 10-6-78; A 10-16-80]—(NAC A by R073-12, 6-3-2013)

      NAC 637.660  Procedure for consideration of petition. (NRS 637.070)

     1.  Except as otherwise provided in subsection 2, upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board.

     2.  If the petition is received within 30 days before the next regularly scheduled meeting, the petition may be placed on the agenda for discussion at the next meeting after that meeting.

     3.  At the meeting described in subsection 1 or 2, the Board will consider any information relevant to the petition, including, without limitation:

     (a) Taking testimony on the petition; and

     (b) Receiving evidence.

     4.  The Board will then grant or deny the petition.

     5.  If the Board denies the petition, no further action will be taken.

     [Bd. of Dispensing Opt., No. 11.2, eff. 10-6-78; A 10-16-80]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)

      NAC 637.670  Draft of opinion or order by member of Board; approval by Board. (NRS 637.070)  If the Board grants a petition pursuant to subsection 4 of NAC 637.660, the Board will issue a declaratory order or advisory opinion, as applicable. The President of the Board or other presiding officer shall assign one member of the Board to write the order or opinion. The member has 30 days within which to submit to the Board a draft, after reviewing comments by all other members on the issue, researching the issue and seeking the assistance of the Attorney General, if necessary. Upon completion of the draft, the assigned member shall submit it to the Board for approval at the next regularly scheduled meeting of the Board. To be issued as a final declaratory order or advisory opinion of the Board, the draft of the order or opinion must be approved by a majority of the members of the Board who are present at the meeting.

     [Bd. of Dispensing Opt., No. 11.3, eff. 10-16-80]—(NAC A by R073-12, 6-3-2013)

      NAC 637.680  Notice. (NRS 637.070)  After the Board renders its order or opinion, the Board will serve notice of it to the petitioner pursuant to NAC 637.470 and 637.480.

     [Bd. of Dispensing Opt., No. 11.4, eff. 10-16-80]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)

      NAC 637.690  Compliance with opinion or order. (NRS 637.070)  A petitioner must comply with the provisions of a declaratory order or advisory opinion rendered by the Board.

     [Bd. of Dispensing Opt., No. 11.5, eff. 10-16-80]—(NAC A by R073-12, 6-3-2013)

Petitions for Adoption, Filing, Amendment or Repeal of Regulations

      NAC 637.700  Format; contents; action by Board. (NRS 637.070)

     1.  Pursuant to NRS 233B.100, any interested person may petition the Board for the adoption, filing, amendment or repeal of any regulation.

     2.  A petition for the adoption, filing, amendment or repeal of a regulation must be in writing on a form prescribed by the Board and include:

     (a) The name and address of the petitioner;

     (b) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation;

     (c) The proposed language of the regulation to be adopted, filed or amended or the existing language of the regulation to be repealed, as applicable;

     (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

     (e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of the regulation.

     3.  The Board may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not include the information required by subsection 2.

     4.  The Board will notify the petitioner in writing of the Board’s decision regarding the petition within 30 days after the date on which the petitioner filed the petition. If the Board approves the petition for the adoption, filing, amendment or repeal of the regulation, the Board will initiate regulation-making proceedings concerning that regulation within 30 days after the date on which the petitioner filed the petition.

     [Bd. of Dispensing Opt., No. 12.2, eff. 10-6-78; A 10-16-80]—(NAC A by R042-02, 8-29-2002; R073-12, 6-3-2013)