AB452_EN

Assembly Bill No. 452–Committee on
Commerce and Labor

CHAPTER..........

AN ACT relating to dispensing opticians; permitting the Board of Dispensing Opticians to investigate complaints of unlicensed activity and to issue certain orders and impose administrative fines regarding such activity; providing for administrative fines for persons who violate certain provisions relating to ophthalmic dispensing; providing for one license for dispensing opticians that would authorize the licensee to engage in all activities reserved for dispensing opticians, including those relating to contact lenses; providing for a limited license for existing dispensing opticians who are not authorized to provide contact lenses; revising various provisions relating to apprentice dispensing opticians; revising the applicability of the provisions regulating dispensing opticians; revising fees for issuance and renewal of certain licenses; revising continuing education requirements for licensees; repealing the provision limiting the definition of person to a natural person for the purposes of regulating dispensing opticians; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 637 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. 1. Except as otherwise provided in this section, a

limited license as a dispensing optician authorizes the licensee to

engage in the practice of ophthalmic dispensing pursuant to this

chapter.

2. Only a person who is deemed to hold an active, inactive or

delinquent limited license as a dispensing optician on February 1,

2004, may hold a limited license as a dispensing optician. A

limited license as a dispensing optician may not be issued to any

other person.

3. A person practicing ophthalmic dispensing pursuant to a

limited license:

(a) Except as otherwise provided in this section, is subject to

the provisions of this chapter in the same manner as a person

practicing ophthalmic dispensing pursuant to a license issued

pursuant to NRS 637.120, including, without limitation, the

provisions of this chapter governing the renewal or reactivation of

a license; and

(b) Shall not sell, furnish or fit contact lenses.

4. A limited license as a dispensing optician:

(a) Expires on January 31 of each year.

(b) May be renewed before its expiration upon:

(1) Presentation of proof of completion of the continuing

education required by this section; and

(2) Payment of a renewal fee set by the Board of not more

than $200.

if it is not renewed before January 31 of each year. Such a

delinquent limited license may be reinstated, at the discretion of

the Board, upon payment of each applicable annual renewal fee

in addition to the annual delinquency fee set by the Board of not

more than $500.

5. Upon written request to the Board, and payment of a fee

not to exceed $300, a licensee in good standing may have his

name and limited license as a dispensing optician transferred to

an inactive list. Such a licensee shall not practice ophthalmic

dispensing during the time the limited license is inactive. If an

inactive licensee desires to resume the practice of ophthalmic

dispensing as limited by this section, the Board shall reactivate

the limited license upon:

(a) If deemed necessary by the Board, the demonstration by

the licensee that the licensee is then qualified and competent to

practice;

(b) The completion of an application; and

subsection 4.

6. To reactivate a limited license as a dispensing optician

pursuant to subsection 5, an inactive licensee is not required to

pay the delinquency fee and the renewal fee for any year while

the license was inactive.

7. Except as otherwise provided in subsection 8, each person

with a limited license as a dispensing optician must complete

courses of continuing education in ophthalmic dispensing each

year. Such continuing education must:

(a) Encompass such subjects as are established by regulations

of the Board.

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

months.

8. A person with a limited license as a dispensing optician

who is on active military service is exempt from the requirements

of subsection 7.

9. The Board shall adopt any regulations necessary to carry

out the provisions of this section.

Sec. 3. 1. The Board shall conduct an investigation if it

receives a complaint that sets forth reason to believe that a

person,

without the proper license, is engaging in an activity for which a

license is required pursuant to this chapter. The complaint must

be:

(a) Made in writing; and

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

2. If the Board determines that a person, without the proper

license, is engaging in an activity for which a license is required

pursuant to this chapter, the Board shall issue and serve on the

person an order to cease and desist engaging in the activity until

such time as the person obtains the proper license from the

Board.

3. If a person upon whom an order to cease and desist is

served does not comply with the order within 30 days after service,

the Board shall, after notice and opportunity for a hearing,

impose upon the person an administrative fine of not more than

$10,000. The imposition of an administrative fine is a final

decision for the purposes of judicial review.

4. An administrative fine imposed pursuant to this section is

in addition to any other penalty provided in this chapter.

Sec. 4. 1. The Board may impose an administrative fine

against a person who is not licensed pursuant to the provisions of

this chapter if:

(a) The person violates any provision of NRS 637.125 or any

regulation adopted by the Board to carry out the provisions of that

section; or

(b) The person employs a dispensing optician, apprentice

dispensing optician or other person and the dispensing optician,

apprentice dispensing optician or other person, in the course of

his employment or apprenticeship, violates any provision of NRS

637.125 or any regulation adopted by the Board to carry out the

provisions of that section.

2. The Board may impose a separate administrative fine

against the person for each act that constitutes a separate

violation.

3. In the first administrative proceeding brought against the

person pursuant to this section, the Board may impose, for each

act that constitutes a separate violation, an administrative fine of

not more than $1,000.

4. In the second and any subsequent administrative

proceeding brought against the person pursuant to this section,

the Board may impose, for each act that constitutes a separate

violation, an administrative fine of not more than $5,000.

Sec. 5. NRS 637.022 is hereby amended to read as follows:

637.022 1. “Ophthalmic dispensing” means the design,

verification and delivery to the intended wearer of lenses, frames

and other specially fabricated optical devices upon prescription.

2. The term includes:

[1.] (a) The taking of measurements to determine the size,

shape and specifications of the lenses, frames or contact lenses;

[2.] (b) The preparation and delivery of work orders to

laboratory technicians engaged in grinding lenses and fabricating

eyewear;

[3.] (c) The verification of the quality of finished ophthalmic

products;

[4.] (d) The adjustment of lenses or frames to the intended

wearer’s face or eyes;

[5.] (e) The adjustment, replacement, repair and reproduction of

previously prepared ophthalmic lenses, frames or other specially

fabricated ophthalmic devices; and

[6.] (f) The fitting of contact lenses and the dispensing of

prepackaged contact lenses pursuant to a written prescription ,

when done by a dispensing optician or apprentice dispensing

optician who [has been licensed pursuant to NRS 637.122] is

authorized to do so [.] pursuant to the provisions of this chapter.

3. The term does not include any act for which a license is

required pursuant to chapter 630 or 636 of NRS, and the

provisions of this chapter do not authorize a dispensing optician

or apprentice dispensing optician to perform any such act.

Sec. 5.5. NRS 637.025 is hereby amended to read as follows:

637.025 [Nothing in this chapter shall be construed:

1. To apply to ophthalmic] 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. [To prohibit the] Ophthalmic dispensing by an employee of

a licensed physician, surgeon or optometrist if the employee

practices ophthalmic dispensing only under the direct supervision

of the licensed physician, surgeon or optometrist and only as an

assistant to the licensed physician, surgeon or optometrist.

3. A licensed pharmacist dispensing prepackaged contact

lenses pursuant to the provisions of NRS 639.2825.

4. The sale of goggles, sun glasses, colored glasses or

occupational protective eye devices not having a refractive value, or

the sale as merchandise of complete ready-to-wear eyeglasses.

Sec. 6. NRS 637.100 is hereby amended to read as follows:

637.100 [A candidate, in order to]

1. To qualify for examination and licensing as a dispensing

optician, an applicant must furnish proof that he:

[1.] (a) Is at least 18 years of age.

[2.] (b) Is of good moral character.

[3.] (c) Is a citizen of the United States, or is lawfully entitled to

remain and work in the United States.

[4.] (d) Is a graduate of an accredited high school or its

equivalent.

[5.] (e) Has passed the examination of the American Board of

Opticianry . [and has:

(a)] (f) Has done either of the following:

(1) Served as an apprentice dispensing optician for not less

than 3 [years’ full-time employment] years in an optical

establishment where prescriptions for spectacles or contact lenses

from given formulae are fitted and filled [, has acquired experience

in optical technology and has had 1 year of experience in

ophthalmic dispensing] under the direct supervision of a licensed

dispensing optician , licensed ophthalmologist or licensed

optometrist [,] for the purpose of acquiring experience in

ophthalmic dispensing and has passed [the career progression

program of the National Academy of Opticianry or an equivalent

program accepted] an educational program on the theory of

ophthalmic dispensing approved by the Board; or

[(b)] (2) Successfully completed a course of study in a school

which offers a degree of associate in applied science for studies in

ophthalmic dispensing approved by the Board and has had 1 year

of ophthalmic experience as an apprentice dispensing optician

under the direct supervision of a licensed dispensing optician ,

licensed ophthalmologist or licensed optometrist.

(g) Has done all of the following:

(1) Successfully completed a course of instruction on the

fitting of contact lenses approved by the Board;

(2) Completed at least 100 hours of training and experience

in the fitting of and filling of prescriptions for contact lenses

under the direct supervision of a licensed dispensing optician

authorized to fit and fill prescriptions for contact lenses, a

licensed ophthalmologist or a licensed optometrist;

(3) Passed the Contact Lens Registry Examination of the

National Committee of Contact Lens Examiners; and

(4) Passed the practical examination on the fitting of and

filling of prescriptions for contact lenses adopted by the Board.

2. The Board shall adopt regulations to carry out the

provisions of this section, including, without limitation,

regulations that establish requirements for:

(a) The program of apprenticeship for apprentice dispensing

opticians;

(b) The training and experience of apprentice dispensing

opticians; and

Sec. 7. NRS 637.110 is hereby amended to read as follows:

637.110 1. An application for the issuance of a license as [a

dispensing optician or] an apprentice dispensing optician must

[include the social security number of the applicant.] be

accompanied by a fee of not more than $250 to cover the costs of

the Board and the initial licensing.

2. An application for the issuance of a license as a dispensing

optician must be accompanied by [:

(a) The statement required pursuant to NRS 637.113;

(b) A] a fee of not more than $250 to cover the cost of the

examination by the Board and the initial licensing.

3. The Board shall, if it approves an application [,] for the

issuance of a license as a dispensing optician, examine the

applicant in ophthalmic dispensing, except that the Board may

waive the examination of an applicant who is, at the time of

application, licensed as a dispensing optician in another state.

4. To pass the examination [,] for the issuance of a license as

a dispensing optician, an applicant must achieve a score of at least

70 percent.

Sec. 8. NRS 637.110 is hereby amended to read as follows:

637.110 1. An application for the issuance of a license as an

apprentice dispensing optician must be accompanied by a fee of not

more than $250 to cover the costs of the Board and the initial

licensing.

2. An application for the issuance of a license as a dispensing

optician must be accompanied by a fee of not more than [$250]

$500 to cover the cost of the examination by the Board and the

initial licensing.

3. The Board shall, if it approves an application for the

issuance of a license as a dispensing optician, examine the applicant

in ophthalmic dispensing, except that the Board may waive the

examination of an applicant who is, at the time of application,

licensed as a dispensing optician in another state.

4. To pass the examination for the issuance of a license as a

dispensing optician, an applicant must achieve a score of at least 70

percent.

Sec. 9. NRS 637.113 is hereby amended to read as follows:

637.113 1. [An] 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 :

(a) In any application for issuance of a license, the social

security number of the applicant and the statement prescribed by

the Welfare Division of the Department of Human Resources

pursuant to NRS 425.520. The statement must be completed and

signed by the applicant.

(b) In any application for renewal of a license, the statement

prescribed by the Welfare Division of the Department of Human

Resources pursuant to NRS 425.520. The statement must be

completed and signed by the applicant.

2. The Board shall include the statement required pursuant to

subsection 1 in:

(a) The application or any other forms that must be submitted

for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license as a dispensing optician or apprentice dispensing

optician may not be issued or renewed by the Board if the

applicant:

(a) Fails to submit the statement required pursuant to subsection

1; or

(b) Indicates on the statement submitted pursuant to subsection

1 that he is subject to a court order for the support of a child and is

not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the

repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant

to subsection 1 that he is subject to a court order for the support of a

child and is not in compliance with the order or a plan approved by

the district attorney or other public agency enforcing the order for

the repayment of the amount owed pursuant to the order, the Board

shall advise the applicant to contact the district attorney or other

public agency enforcing the order to determine the actions that the

applicant may take to satisfy the arrearage.

Sec. 10. NRS 637.120 is hereby amended to read as follows:

637.120 1. [An applicant successfully completing the

examination must be issued a] The Board shall issue a license as a

dispensing optician to each applicant who satisfies the

requirements of this chapter for the issuance of the license.

2. A license as a dispensing optician [by the Board. The

license] authorizes the [applicant] holder to engage in the practice

of ophthalmic dispensing [,] and must at all times be conspicuously

displayed at the holder’s place of practice. The license is not

transferable by the holder. [A separate license is required before the

dispensing optician may fit contact lenses.

2.] 3. The Board may, upon application and the payment of a

fee not to exceed $100, issue one duplicate license.

Sec. 11. NRS 637.123 is hereby amended to read as follows:

637.123 1. Except as otherwise provided in this section:

(a) The license of [each] an apprentice dispensing optician

[must expire] expires on January 31 of each year [. A license may

be] unless the license is renewed before expiration upon

[submission of the statement required pursuant to NRS 637.113

and] payment of the annual renewal fee set by the Board, not to

exceed $200.

[2.] (b) The license of an apprentice dispensing optician that is

not renewed before January 31 is delinquent. A delinquent license

may be reinstated at the discretion of the Board upon [submission

of the statement required pursuant to NRS 637.113 and] payment of

each applicable annual renewal fee and an annual delinquency fee

established by the Board, not to exceed $100.

[3.] 2. The Board may by regulation require continuing

education as a prerequisite to the renewal of the license of an

apprentice dispensing optician.

3. The license of an apprentice dispensing optician may be

renewed not more than four times, unless the Board determines

that good cause exists for one or more additional renewals.

Sec. 12. NRS 637.125 is hereby amended to read as follows:

637.125 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 [employ any] not allow

another person who is under his direct supervision to perform the

services of a dispensing optician [if] unless the other person is

licensed by the Board as a dispensing optician or an apprentice

dispensing optician.

[2. A]

3. If a person is licensed by the Board as an apprentice

dispensing optician, a licensed dispensing optician [shall:

(a) Supervise] , licensed ophthalmologist or licensed

optometrist must:

(a) Directly supervise all work done by [an] the apprentice

dispensing optician.

(b) Be in attendance whenever [an] the apprentice dispensing

optician is engaged in ophthalmic dispensing.

conspicuous place where the apprentice dispensing optician works.

[3.] 4. A licensed dispensing optician may not have under his

supervision more than two licensed apprentice dispensing opticians

at any one time.

[4. The Board may require a fee of not more than $250 for the

licensure of an apprentice dispensing optician.]

5. A licensed dispensing optician or a person who employs a

licensed dispensing optician may employ other persons to assist in

consulting on optical fashions [and in making optical repairs, and

these persons need] , and a licensed dispensing optician may

supervise such other persons. Such other persons:

(a) Are not required to be licensed [as apprentices.] pursuant to

the provisions of this chapter.

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

6. The Board may adopt regulations to carry out the

provisions of this section.

Sec. 13. NRS 637.135 is hereby amended to read as follows:

637.135 1. Except as otherwise provided in subsection 2, all

licensed dispensing opticians must complete a yearly program of

continuing education in ophthalmic dispensing.

2. Licensed dispensing opticians on active military service are

exempt from the requirement of this section.

3. The program of continuing education in ophthalmic

dispensing must:

(a) Encompass such subjects as are established by regulations of

the Board.

(b) Consist of a minimum of [36] 14 hours [in] for a period of

[36] 12 months.

[4. The Board shall require persons who are licensed to fit

contact lenses to obtain additional continuing education related to

that practice.] Of these 14 hours, 7 hours must be related to

contact lenses.

Sec. 14. NRS 637.140 is hereby amended to read as follows:

637.140 1. A license as a dispensing optician issued under

the provisions of this chapter expires on January 31 of each year.

2. A license may be renewed before its expiration upon:

(a) Presentation of proof of completion of the continuing

education required by NRS 637.135; and

(b) [Submission of the statement required pursuant to NRS

637.113; and

(c)] Payment of a renewal fee set by the Board of not more than

$200.

3. Except as otherwise provided in subsection 4, any license

which is not renewed before January 31 of each year shall be

deemed delinquent. A delinquent license may be reinstated, at the

discretion of the Board, upon payment of each applicable annual

renewal fee in addition to the annual delinquency fee set by the

Board of not more than $500.

4. Upon written request to the Board, and payment of a fee not

to exceed $150, a licensee in good standing may have his name and

license transferred to an inactive list. Such a licensee shall not

practice ophthalmic dispensing during the time the license is

inactive. If an inactive licensee desires to resume the practice of

ophthalmic dispensing, the Board shall reactivate the license upon

the:

(a) Demonstration if deemed necessary by the Board that the

licensee is then qualified and competent to practice;

(b) Completion of an application; and

637.113; and

(d)] Payment of the [current fee for renewal of the license.]

renewal fee set by the Board pursuant to subsection 2.

Payment of the delinquency fee and the renewal fee for any year

while the license was inactive is not required.

Sec. 15. NRS 637.140 is hereby amended to read as follows:

637.140 1. A license as a dispensing optician issued under

the provisions of this chapter expires on January 31 of each year.

2. A license may be renewed before its expiration upon:

(a) Presentation of proof of completion of the continuing

education required by NRS 637.135; and

(b) Payment of a renewal fee set by the Board of not more than

[$200.] $500.

3. Except as otherwise provided in subsection 4, any license

which is not renewed before January 31 of each year shall be

deemed delinquent. A delinquent license may be reinstated, at the

discretion of the Board, upon payment of each applicable annual

renewal fee in addition to the annual delinquency fee set by the

Board of not more than $500.

4. Upon written request to the Board, and payment of a fee not

to exceed [$150,] $300, a licensee in good standing may have his

name and license transferred to an inactive list. Such a licensee

shall not practice ophthalmic dispensing during the time the license

is inactive. If an inactive licensee desires to resume the practice of

ophthalmic dispensing, the Board shall reactivate the license upon

the:

(a) Demonstration if deemed necessary by the Board that the

licensee is then qualified and competent to practice;

(b) Completion of an application; and

subsection 2.

Payment of the delinquency fee and the renewal fee for any year

while the license was inactive is not required.

Sec. 16. NRS 637.170 is hereby amended to read as follows:

637.170 Any licensee whose license was revoked by the Board

may apply for a new license [as provided in NRS 637.100 to

637.122, inclusive,] pursuant to the provisions of this chapter at

any time after the date of revocation. The Board may consider such

an application for licensure and may grant it upon the applicant’s

payment of a fee set by the Board to cover the administrative costs

of any investigation and hearing.

Sec. 17. Section 518 of chapter 483, Statutes of Nevada 1997,

at page 2211, is hereby amended to read as follows:

Sec. 518. The amendatory provisions of sections 1 to 4,

inclusive, [and] 6 to 317, inclusive, and 321 to 516,

inclusive, of this act expire by limitation on the date on

which the provisions of 42 U.S.C. § 666 requiring each state

to establish procedures under which the state has authority to

withhold or suspend, or to restrict the use of professional,

occupational and recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant

relating to a proceeding to determine the paternity of a child

or to establish or enforce an obligation for the support of a

child; or

2. Are in arrears in the payment for the support of one or

more children,

are repealed by the Congress of the United States.

Sec. 18. 1. NRS 637.0225 is hereby repealed.

2. NRS 637.122 is hereby repealed.

Sec. 19. 1. If, on February 1, 2004, a person holds an active

license, inactive license or delinquent license as a dispensing

optician who is not authorized to fit contact lenses, the person shall

be deemed to hold an active limited license, inactive limited license

or delinquent limited license, as appropriate, pursuant to the

provisions of section 2 of this act.

2. If, on February 1, 2004, a person holds an active license,

inactive license or delinquent license as a dispensing optician who

is authorized to fit contact lenses, the person shall be deemed to

hold an active license, inactive license or delinquent license, as

appropriate, that is issued pursuant to NRS 637.120, as amended by

section 10 of this act.

3. Except as otherwise provided in subsection 4, if a person

holds a license as an apprentice dispensing optician on or after the

effective date of this act, the Board of Dispensing Opticians may

not issue the person a license as a dispensing optician unless the

person satisfies the requirements set forth in chapter 637 of NRS

for the issuance of a license as a dispensing optician who is

authorized to fit contact lenses.

4. Notwithstanding the amendatory provisions of this act, if a

person holds a license as an apprentice dispensing optician on the

effective date of this act:

(a) The person may apply for a license as a dispensing optician

who is not authorized to fit contact lenses; and

(b) The Board of Dispensing Opticians shall issue such a license

to the person if, before February 1, 2006, the person satisfies the

requirements set forth in chapter 637 of NRS for the issuance of

such a license, as those requirements existed on the date

immediately preceding the effective date of this act. Upon issuance

of the license, the person shall be deemed to hold an active limited

license as a dispensing optician that is subject to the provisions of

section 2 of this act.

Sec. 20. 1. This section and sections 1, 3, 4, 5, 5.5, 7, 9, 11,

12, 14, 16, 17 and 19 and subsection 1 of section 18 of this act

become effective upon passage and approval.

2. Sections 2, 6, 8, 10, 13 and 15 and subsection 2 of section 18

of this act become effective on February 1, 2004.

3. Section 9 of this act expires by limitation on the date on

which the provisions of 42 U.S.C. § 666 requiring each state to

establish procedures under which the state has authority to withhold

or suspend, or to restrict the use of professional, occupational and

recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to

a proceeding to determine the paternity of a child or to establish or

enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

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