NRS: CHAPTER 637 - DISPENSING OPTICIANS

[Rev. 6/29/2024 4:47:04 PM--2023]

CHAPTER 637 - DISPENSING OPTICIANS

GENERAL PROVISIONS

NRS 637.005 Legislative declaration.

NRS 637.010 Short title. [Repealed.]

NRS 637.020 Definitions.

NRS 637.021 “Board” defined.

NRS 637.0213 “Direct supervision” defined.

NRS 637.0215 “Dispensing optician” defined.

NRS 637.0217 “License” defined.

NRS 637.022 “Ophthalmic dispensing” defined.

NRS 637.0227 “Optical establishment” defined.

NRS 637.023 “Prescriber” defined.

NRS 637.0235 “Prescription” defined.

NRS 637.024 “Supervision” defined. [Repealed.]

NRS 637.025 Applicability of chapter.

NRS 637.026 Applicability of chapter: Inapplicability to certain manufacturers of lenses, frames and other specially fabricated optical devices; requirements for manufacturers that fail to comply with certain provisions; effect of such noncompliance.

BOARD OF DISPENSING OPTICIANS

NRS 637.030 Creation; number, appointment, qualifications, term and removal of members.

NRS 637.040 Election of officers; frequency of meetings; quorum; fiscal year.

NRS 637.041 Enforcement of subpoenas issued by Board. [Repealed.]

NRS 637.045 Salary of members; per diem allowance and travel expenses of members and employees.

NRS 637.050 Offices; employment and compensation of Executive Director and other employees; contracts; authority to transact business.

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

NRS 637.070 Rules and regulations.

NRS 637.071 Regulations governing dispensing opticians and apprentice dispensing opticians: Requirements for issuance of licenses and program of apprenticeship for apprentice dispensing opticians; examination or certificate required for issuance of license as dispensing optician; procedures for licensing; period of validity and terms for renewal and reinstatement of license; inactivation and reactivation of license; requirements for approval of course or provider of course of continuing education.

NRS 637.073 Regulations setting minimum standards for optical and ophthalmic devices. [Repealed.]

NRS 637.075 Fiscal year. [Repealed.]

NRS 637.085 Confidentiality of certain records of Board; exceptions.

NRS 637.086 Immunity from civil liability.

LICENSES

NRS 637.090 Active license required for practice of ophthalmic dispensing or management of optical establishment; sign required when no licensed dispensing optician is physically present at optical establishment.

NRS 637.100 License as dispensing optician: Qualifications; waiver of certain requirements; scope; display.

NRS 637.105 License as apprentice dispensing optician: Qualifications; scope; display.

NRS 637.110 Fees for application for license; requirements for, waiver of and passing score for examination of applicant for license as dispensing optician; prohibition on participation in preparing, conducting and grading examination. [Repealed.]

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 required to maintain records concerning applicants for and holders of licenses; disclosure of records; fee.

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

NRS 637.121 Limited license as dispensing optician.

NRS 637.123 Apprentice dispensing optician: Expiration, renewal and reinstatement of license; fees; continuing education; limitations on renewal. [Repealed.]

NRS 637.125 Employment and supervision of dispensing opticians and apprentice dispensing opticians.

NRS 637.127 Special license as dispensing optician. [Repealed.]

NRS 637.135 Dispensing optician: Continuing education. [Repealed.]

NRS 637.140 Dispensing optician: Expiration, renewal and reinstatement of license; fees; inactive status; reactivation of inactive license. [Repealed.]

NRS 637.145 Renewal: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 637.149 Fees and charges.

DISCIPLINARY AND OTHER ACTIONS

NRS 637.150 Grounds; authority of Board to refuse to grant license or take disciplinary action; private reprimands prohibited; reinstatement of license; commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

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 637.1535 Complaints: Filing; requirements.

NRS 637.154 Authority of Board to conduct investigations, hold hearings and examine witnesses; administration of oaths; issuance and enforcement of subpoenas.

NRS 637.155 Hearing required after receipt of report of certain violations of Industrial Insurance Act. [Repealed.]

NRS 637.170 Reinstatement of revoked license; fee. [Repealed.]

MISCELLANEOUS PROVISIONS

NRS 637.175 Expiration of prescriptions. [Repealed.]

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 637.182 Administrative citation: Issuance; order to pay administrative fine, reimburse investigation costs or correct condition; separate sanction; execution of order for failure to pay fine.

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

NRS 637.184 Administrative citation: Authority to contest; notice and hearing; effect of failure to contest; date deemed received.

NRS 637.185 Injunctive relief.

NRS 637.200 Unlawful acts.

_________

GENERAL PROVISIONS

NRS 637.005 Legislative declaration. The Legislature declares that the purpose of this chapter is to protect the public safety and welfare by ensuring that:

1. Only competent and scrupulous people practice ophthalmic dispensing in this State; and

2. Persons who practice ophthalmic dispensing in this State maintain an appropriate standard of professional conduct.

(Added to NRS by 2023, 1385)

NRS 637.010 Short title. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to 637.0235, 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; 2023, 1388)

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

(Added to NRS by 1987, 601)

NRS 637.0213 “Direct supervision” defined. “Direct supervision” means that a person is physically present in the optical establishment where ophthalmic dispensing is taking place to provide individual direction, control, inspection and evaluation of work to the person he or she is supervising.

(Added to NRS by 2023, 1385)

NRS 637.0215 “Dispensing optician” defined. “Dispensing optician” means a person who holds a license or limited license as a dispensing optician issued pursuant to this chapter.

(Added to NRS by 1987, 601; A 2023, 1388)

NRS 637.0217 “License” defined. “License” means a license issued by the Board.

(Added to NRS by 2023, 1385)

NRS 637.022 “Ophthalmic dispensing” defined.

1. “Ophthalmic dispensing” means:

(a) The design of lenses, frames and other specially fabricated optical devices upon prescription;

(b) The inspection and verification of such lenses, frames and devices; and

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 making of recommendations to the intended wearer of the lenses regarding lens material and other design features necessary to fill the prescription;

(c) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear, including, without limitation, the preparation and delivery of work orders by entering prescription information and related instructions for fabricating eyewear into a paper or electronic form or other system used for work orders;

(d) The final physical inspection and verification of the quality of finished ophthalmic products;

(e) The adjustment of lenses or frames to the intended wearer’s face or eyes;

(f) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices; and

(g) The fitting of contact lenses and the dispensing of prepackaged contact lenses pursuant to a written prescription by a person licensed to do so pursuant to the provisions of this chapter.

3. The term does not include:

(a) The making of recommendations regarding frame designs or other design features that are not necessary to fill a prescription;

(b) The completion of sales transactions;

(c) 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; or

(d) 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; 2023, 1388)

NRS 637.0227 “Optical establishment” defined. “Optical establishment” means a single physical store, office or department of a business where ophthalmic dispensing takes place. The term includes such a store, office or department that is owned or operated by a business which owns or operates multiple stores, offices or departments where ophthalmic dispensing takes place.

(Added to NRS by 2023, 1385)

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. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.025 Applicability of chapter. 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. The dispensing of prepackaged contact lenses by a licensed pharmacist pursuant to the provisions of NRS 639.2825.

[13:216:1951]—(NRS A 2003, 2012; 2023, 1389)

1. Except as otherwise provided in this section, a person is exempt from the provisions of this chapter if the person:

(a) Is engaged in the manufacturing and direct online sale of lenses, frames and other specially fabricated optical devices upon prescription to an intended wearer who is located outside this State at the time of purchase; and

(b) Complies with the requirements of subsection 2.

2. Any person who engages in the activity described in paragraph (a) of subsection 1 and does not otherwise comply with the provisions of this chapter shall:

(a) Ensure that the manufacturing of lenses, frames and other specially fabricated optical devices is supervised by a dispensing optician licensed pursuant to this chapter. Such supervision must include, without limitation, a daily review of all optical manufacturing equipment by the dispensing optician to ensure that the lenses, frames and other specially fabricated optical devices being manufactured meet the standards adopted by the Board pursuant to this chapter; and

(b) Confirm that any lenses shipped to an intended wearer meet the requirements of the relevant prescription, as submitted by the intended wearer.

3. A person who engages in the activity described in paragraph (a) of subsection 1, is licensed pursuant to this chapter and fails to comply with the requirements of subsection 2 or the other requirements of this chapter:

(a) Is subject to the provisions of NRS 637.150 and 637.185; and

(b) Is not guilty of a misdemeanor.

4. A person who engages in the activity described in paragraph (a) of subsection 1, is not licensed pursuant to this chapter and fails to comply with the requirements of subsection 2:

(a) Shall be deemed to be in violation of NRS 637.090 and, except as otherwise provided in paragraph (b), is subject to all provisions applicable to a person who violates that section; and

(b) Is not guilty of a misdemeanor.

(Added to NRS by 2023, 2590)

BOARD OF DISPENSING OPTICIANS

NRS 637.030 Creation; number, appointment, qualifications, term and removal of members.

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 are dispensing opticians and 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. A member of the Board may continue in office until his or her successor is appointed.

4. The Governor, after hearing, may remove any member for cause.

[Part 10:216:1951; A 1953, 554]—(NRS A 1977, 1255; 1979, 1195; 2003, 1195; 2023, 1390)

NRS 637.040 Election of officers; frequency of meetings; quorum; fiscal year.

1. The Board shall:

(a) Elect a President, Vice President, Secretary and Treasurer from its membership; and

(b) Meet at least once each year on a date determined by the Board.

2. A majority of the members of the Board constitutes a quorum for the transaction of business of the Board.

3. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

[Part 11:216:1951; A 1953, 554]—(NRS A 1987, 603; 2007, 1239; 2023, 1390)

NRS 637.041 Enforcement of subpoenas issued by Board. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.045 Salary of members; per diem allowance and travel expenses of members and employees. While engaged in the business of the Board:

1. Each member of the Board is entitled to receive a salary of not more than $150 per day, as fixed by the Board; and

2. Each member and 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; 2023, 1390)

NRS 637.050 Offices; employment and compensation of Executive Director and other employees; contracts; authority to transact business. The Board may:

1. Maintain offices in as many locations in the State as it finds necessary to carry out the provisions of this chapter;

2. Employ and fix the compensation of an Executive Director and any other employees, including, without limitation, investigators, lobbyists, attorneys, other professional consultants and clerical personnel the Board deems necessary to carry out the provisions of this chapter;

3. Contract with professional consultants and service providers, including, without limitation, investigators, lobbyists and attorneys, as the Board deems necessary to carry out the provisions of this chapter; and

4. Transact any other business necessary to carry out the provisions of this chapter.

[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; 2023, 1390)

1. Except as otherwise provided in subsection 4, all money received by the Board under the provisions of this chapter must be deposited in banks, credit unions, savings and loan associations or savings banks 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. The Board may, for the use and benefit of the Board as a whole and not for any individual member of the Board, accept grants, donations and contributions of money from any source to assist the Board in carrying out the provisions of this chapter.

3. 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, savings and loan associations or savings banks in this State.

4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 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; 2023, 1391)

NRS 637.070 Rules and regulations. The Board may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter, including, without limitation, regulations:

1. Establishing standards of practice for persons licensed pursuant to this chapter.

2. Setting forth minimum standards for lenses, frames, specially fabricated optical devices and other ophthalmic devices dispensed by a dispensing optician. Such standards must be consistent with the minimum standards of quality approved by the American National Standards Institute.

3. Prescribing the form of an administrative citation issued pursuant to NRS 637.182.

4. Prescribing a schedule of administrative fines that may be imposed in connection with the issuance of an administrative citation.

[Part 10:216:1951; A 1953, 554] + [Part 11:216:1951; A 1953, 554]—(NRS A 1963, 155; 2023, 1391)

1. Establishing requirements for the issuance of licenses and the program of apprenticeship for apprentice dispensing opticians.

2. Prescribing or adopting any examination or certificate required for the issuance of a license as a dispensing optician. Any examination prescribed or adopted by the Board must, without limitation, be designed to test an applicant’s knowledge of the theory and practice of ophthalmic dispensing.

3. Prescribing the procedure for:

(a) Submitting an application for licensure and any required documentation to the Board; and

(b) Approving or denying applications and issuing licenses.

4. Prescribing the period for which a license or limited license as a dispensing optician is valid and the terms for the renewal and reinstatement of such a license, which may include, without limitation, requirements for continuing education. Unless otherwise prescribed by regulation pursuant to this subsection, a license or limited license as a dispensing optician:

(a) Expires on January 31 each year;

(b) Is valid until its expiration date;

(d) May be reinstated not more than 1 year after the date on which it becomes delinquent.

5. Prescribing the period for which a license as an apprentice dispensing optician is valid and the terms for the renewal and reinstatement of such a license, which may limit the number of times the license may be renewed and restrict the issuance of a new license if the apprentice dispensing optician does not meet the requirements adopted pursuant to subsection 1. Unless otherwise prescribed by regulation pursuant to this subsection, a license as an apprentice dispensing optician:

(a) Expires on January 31 each year;

(b) Is valid until its expiration date;

(d) May be reinstated not more than 30 days after the date on which it becomes delinquent.

6. Prescribing requirements for the placement of a license as a dispensing optician on inactive status and the reactivation of such a license.

7. Prescribing requirements for the approval of a course of continuing education or a provider of a course of continuing education.

(Added to NRS by 2023, 1386)

NRS 637.073 Regulations setting minimum standards for optical and ophthalmic devices. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.075 Fiscal year. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

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.

(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)

NRS 637.086 Immunity from civil liability. The Board and any of its members, staff and employees are immune from civil liability for any act performed in good faith and without malicious intent or gross negligence in the execution of any duties pursuant to this chapter.

(Added to NRS by 2023, 1386)

LICENSES

1. A person shall not engage in the practice of ophthalmic dispensing or manage an optical establishment without holding a valid, active license issued as provided by this chapter.

2. If an optical establishment is open to the public at any time during which no licensed dispensing optician is physically present at the optical establishment, the optical establishment must display a clear and conspicuous sign indicating that a licensed dispensing optician is not present and that no services requiring a licensed dispensing optician may be performed at the optical establishment without a licensed dispensing optician present.

[3:216:1951; A 1953, 554]—(NRS A 1979, 1196; 1987, 604; 2023, 1392)

NRS 637.100 License as dispensing optician: Qualifications; waiver of certain requirements; scope; display.

1. To be eligible for a license as a dispensing optician, an applicant must:

(a) Be at least 18 years of age.

(b) Be a graduate of an accredited high school or its equivalent.

(1) Successfully completed an educational program on ophthalmic dispensing approved by the Board and served as an apprentice dispensing optician for not less than 2 years in accordance with regulations adopted by the Board pursuant to NRS 637.070; or

(2) Been awarded an associate’s degree in applied science for studies in ophthalmic dispensing from a school which is approved by the Board and served as an apprentice dispensing optician for not less than 1 year in accordance with regulations adopted by the Board pursuant to NRS 637.070.

(d) Have passed any examination or obtained any certificate required by regulations adopted by the Board pursuant to NRS 637.070 for the issuance of a license as a dispensing optician.

2. The Board may waive the requirements of paragraph (c) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant:

(a) Is a graduate of a foreign school and has acquired education and experience that the Board deems equivalent to or greater than the education and experience required for the issuance of a license as a dispensing optician in this State;

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States who is on active duty; or

(c) Has at least 5 consecutive years of work experience in the practice of ophthalmic dispensing in the District of Columbia or any state or territory of the United States that does not have requirements for licensure which the Board deems equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State. Some portion of the 5 consecutive years of work experience must have been obtained within the 2 years immediately preceding the date of application for licensure.

3. The Board may waive the requirements of paragraphs (c) and (d) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant holds a valid and unrestricted license to engage in ophthalmic dispensing in the District of Columbia or any state or territory of the United States that has requirements for licensure which the Board deems to be equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State.

4. A license as a dispensing optician:

(a) Authorizes the holder to practice ophthalmic dispensing in this State; and

(b) Must be conspicuously displayed at all times at the holder’s place of practice.

[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; 2019, 4289; 2023, 1392)

NRS 637.105 License as apprentice dispensing optician: Qualifications; scope; display.

1. To be eligible for a license as an apprentice dispensing optician, an applicant must:

(a) Be at least 18 years of age; and

(b) Be a graduate of an accredited high school or its equivalent.

2. A license as an apprentice dispensing optician:

(a) Authorizes the holder to practice ophthalmic dispensing in this State under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist; and

(b) Must at all times be conspicuously displayed at the holder’s place of practice.

(Added to NRS by 2023, 1386)

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)

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

(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 required to maintain records concerning applicants for and holders of licenses; disclosure of records; fee.

1. The Board shall maintain records pertaining to applicants to whom licenses have been issued or denied. These records must include:

(a) The name of each applicant.

(b) The name of each person who is issued a license.

(d) The date of issuance or denial of the license.

(e) The current status of the license.

(f) The name of each holder of a license who has been subject to disciplinary action by the Board.

2. Upon request, the Board shall disclose any information maintained pursuant to subsection 1 and may charge a fee for a copy of the information. The fee must not exceed the actual cost incurred by the Board in producing the copy.

(Added to NRS by 1987, 602; A 2023, 1393)

NRS 637.120 Issuance of license as dispensing optician; display of license; nontransferability; issuance of duplicate license. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.121 Limited license as dispensing optician.

1. Only a person who is deemed to have held an active or inactive limited license as a dispensing optician since 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.

2. A limited license as a dispensing optician:

(a) Authorizes the holder to engage in the practice of ophthalmic dispensing pursuant to this chapter, except that the holder shall not dispense contact lenses or supervise the dispensing of contact lenses by a person licensed as an apprentice dispensing optician pursuant to this chapter.

(b) Must at all times be conspicuously displayed at the holder’s place of practice.

(Added to NRS by 2003, 2009; A 2007, 1239; 2023, 1394)

NRS 637.123 Apprentice dispensing optician: Expiration, renewal and reinstatement of license; fees; continuing education; limitations on renewal. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.125 Employment and supervision of dispensing opticians and apprentice dispensing opticians.

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. A licensed apprentice dispensing optician may engage in ophthalmic dispensing only when a licensed dispensing optician, ophthalmologist or optometrist is physically present in the optical establishment to provide direct supervision for all dispensing activities performed by the apprentice dispensing optician and to verify the quality of the finished products to be dispensed.

4. A licensed dispensing optician, ophthalmologist or optometrist who is providing direct supervision to an apprentice dispensing optician shall not supervise more than two apprentice dispensing opticians at any one time.

(Added to NRS by 1975, 548; A 1979, 1197; 1987, 605; 1989, 913; 2003, 2015; 2023, 1395)

NRS 637.127 Special license as dispensing optician. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.135 Dispensing optician: Continuing education. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.140 Dispensing optician: Expiration, renewal and reinstatement of license; fees; inactive status; reactivation of inactive license. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.

(Added to NRS by 2021, 804)

NRS 637.149 Fees and charges. The Board shall establish a schedule of fees and charges for the following items, which must not exceed the following amounts:

An examination established by the Board pursuant to this chapter............. $250

An application for a license as a dispensing optician....................................... 250

An application for a license as an apprentice dispensing optician................. 250

The renewal of a license as a dispensing optician............................................ 500

The renewal of a limited license as a dispensing optician............................... 200

The renewal of a license as an apprentice dispensing optician...................... 200

The delinquency fee for a license as a dispensing optician............................. 500

The delinquency fee for a limited license as a dispensing optician............... 500

The delinquency fee for a license as an apprentice dispensing optician....... 100

The placement of a license as a dispensing optician on inactive status........ 300

The reactivation of a license that has been placed on inactive status............ 300

(Added to NRS by 2023, 1387)

DISCIPLINARY AND OTHER ACTIONS

1. If the Board finds after notice and a hearing as required by law, that an applicant or holder of a license has been adjudicated insane, habitually uses any controlled substance or intoxicant or has been diagnosed with a medical or mental health condition that is likely to impede the safe practice of ophthalmic dispensing, the Board may:

(a) For an applicant, refuse to grant the applicant a license; or

(b) For a holder of a license:

(1) Place the holder on probation;

(2) Suspend or revoke the license;

(3) Refuse to renew or reinstate the license; or

(4) Take any combination of the disciplinary actions described in subparagraphs (1), (2) and (3).

2. If the Board finds, after notice and a hearing as required by law, that an applicant or holder of a license has committed unprofessional conduct which has endangered or is likely to endanger public health, safety or welfare, the Board may:

(a) For an applicant, refuse to grant the applicant a license; or

(b) For a holder of a license:

(1) Place the holder on probation;

(2) Suspend or revoke the license;

(3) Refuse to renew or reinstate the license;

(4) Reprimand the holder publicly;

(5) Require the holder to reimburse the Board for the cost of any investigation or hearing related to the disciplinary action;

(6) Require the holder to pay an administrative fine of not more than $10,000 for each act constituting unprofessional conduct; or

(7) Take any combination of the disciplinary actions described in subparagraphs (1) to (6), inclusive.

3. The Board shall not privately reprimand a holder of a license.

4. Pursuant to NRS 622A.410, the Board may reinstate a license that has been revoked if the person who was issued the license applies to the Board for its reinstatement.

5. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, the Board must commence disciplinary proceedings regarding the report not later than 30 days after receiving the report.

6. As used in this section, “unprofessional conduct” includes:

(a) Being convicted of:

(1) Any crime involving moral turpitude;

(2) A violation of any federal or state law relating to a controlled substance; or

(3) Violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(b) Advertising in any manner which would tend to deceive, defraud or mislead the public;

(c) Obtaining a license to practice in this State through fraud or the misrepresentation or concealment of a material fact;

(d) Dispensing, without proper verification, 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 637.070;

(e) Committing fraud or deceit in the practice of ophthalmic dispensing;

(f) Violating any provision of this chapter or any regulations of the Board adopted pursuant to this chapter;

(g) Operating 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; and

(h) Engaging in any other conduct which the Board has determined is unethical or unprofessional.

[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; 2015, 720; 2023, 1396)

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 637.1535 Complaints: Filing; requirements. Any member of the public or a member or employee of the Board may file a complaint with the Board if the person reasonably believes that a provision of this chapter or any regulation adopted pursuant to this chapter has been or is about to be violated. The complaint must:

1. Be submitted on a form and in the manner prescribed by the Board;

2. Set forth the alleged facts constituting the violation; and

3. Be signed and verified by the person filing the complaint.

(Added to NRS by 2023, 1387)

NRS 637.154 Authority of Board to conduct investigations, hold hearings and examine witnesses; administration of oaths; issuance and enforcement of subpoenas.

1. The Board may, in a manner that is consistent with the provisions of chapter 622A of NRS, conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter.

2. For the purposes of this chapter, any member of the Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents and any other articles related to the practice of ophthalmic dispensing.

3. If any person fails to comply with a subpoena within 10 days after its issuance, the Board may petition the district court for an order compelling compliance with the subpoena.

4. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

5. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order, the person must be dealt with as for contempt of court.

(Added to NRS by 2013, 2232; A 2023, 1397)

NRS 637.155 Hearing required after receipt of report of certain violations of Industrial Insurance Act. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.170 Reinstatement of revoked license; fee. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

MISCELLANEOUS PROVISIONS

NRS 637.175 Expiration of prescriptions. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 637.181 Penalties for unlicensed activity or certain violations: Issuance of order to cease and desist or citation; order for reimbursement of costs of investigation or hearing; assessment of administrative fine. Notwithstanding the provisions of chapter 622A of NRS, if the Board determines that a person who is not licensed pursuant to this chapter has engaged in an activity for which a license is required pursuant to this chapter, or has violated, or employed a person who, in the course of his or her employment, has violated any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section, the Board may:

1. 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.

2. Issue a citation to the person pursuant to NRS 637.182. Such a citation must describe with particularity the nature of the violation and inform the person of the provisions of this section.

3. Order the person to reimburse the Board the costs of any investigation or hearing related to a violation.

4. Assess against the person an administrative fine of not more than $10,000 for each separate violation. The imposition of an administrative fine is a final decision for the purposes of judicial review.

5. Impose any combination of the penalties set forth in subsections 1, 2 and 3.

(Added to NRS by 2003, 2010; A 2005, 773; 2007, 1241; 2009, 892; 2023, 1398)

NRS 637.182 Administrative citation: Issuance; order to pay administrative fine, reimburse investigation costs or correct condition; separate sanction; execution of order for failure to pay fine.

1. If the Board or its designee has reason to believe, based upon a preponderance of evidence, that a person has violated any provision of this chapter or any regulation of the Board, the Board may issue, or authorize its designee to issue, a written administrative citation to the person. A citation issued pursuant to this section may include, without limitation, an order to:

(a) Pay an administrative fine for each violation;

(b) Reimburse the Board for the amount of the expenses the Board incurred to investigate each violation, not to exceed $150; and

(c) Correct, at the cost of the person, a condition resulting from the violation. The order to correct the condition must:

(1) State the date by which the person must comply, which must be not less than 15 days after the date on which the person receives the citation. The Board may, for good cause, extend the date for compliance with the order.

(2) Describe in detail the actions that must be taken.

2. If a citation is issued to the holder of a license pursuant to this section and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine must not exceed the maximum amount authorized by subsection 2 of NRS 637.150 for each violation.

3. Except as otherwise provided in NRS 637.181, if a citation is issued pursuant to this section to a person who is not licensed by the Board and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine:

(a) For the first violation, must not be less than $100 or more than $1,000;

(b) For the second violation, must not be less than $250 or more than $5,000; and

4. Any sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

5. If a person does not pay an administrative fine imposed pursuant to this section or make satisfactory payment arrangements with the Board not later than 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

(Added to NRS by 2023, 1387)

NRS 637.183 Administrative fine for violation of provisions governing employment and supervision of dispensing opticians, apprentice dispensing opticians and other assistants. Repealed. (See chapter 223, Statutes of Nevada 2023, at page 1399.)

NRS 637.184 Administrative citation: Authority to contest; notice and hearing; effect of failure to contest; date deemed received.

1. If a person is issued a written administrative citation pursuant to NRS 637.182, the person may request a hearing before the Board to contest the citation by filing a written request with the Board not later than 15 business days after the date on which the citation is received by the person, unless the Board authorizes a later date for good cause.

2. If a person files a written request for a hearing within the time allowed by subsection 1, the Board shall provide notice of and conduct the hearing in the same manner as other disciplinary hearings.

3. If a person does not file a written request for a hearing to contest a citation within the time allowed by subsection 1, the citation shall be deemed a final order of the Board.

4. For the purposes of this section, a citation issued pursuant to NRS 637.182 shall be deemed to be received by the person to whom it was issued:

(a) On the date on which the citation is personally delivered to the person; or

(b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

(Added to NRS by 2023, 1388)

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 637.200 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 in violation of the expiration date or, for a prescription for a contact lens, in violation of the number of refills specified by the prescription. A prescription shall be deemed to have an expiration date of 2 years after the date on which the prescription was issued, unless the practitioner who wrote the prescription includes on the prescription a different period.

6. Holding oneself out to the public, either verbally or in writing, to be an optician, a dispensing optician or an apprentice dispensing optician without holding a valid and active license issued pursuant to this chapter.

7. Failing to comply with a citation or order issued pursuant to this chapter after the citation or order is final.

8. Except as otherwise provided in NRS 637.026, violating any provision of this chapter.

[12:216:1951]—(NRS A 1967, 642; 1979, 1200; 1997, 1258; 2013, 1000; 2023, 1399, 2591)