AB 77 — Makes various changes to provisions governing the practice of optometry. (BDR 54-366)

SectionEXPLANATION 65– ofMatter thisin billbolded repealsitalics certainis provisionsnew; governing the practice of optometry.

-matter *AB77_R3*between –brackets 4[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 4 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

In addition to the provisions of subsection 1, an assistant in any setting where optometry is practiced may perform any of the following activities under the direct supervision of a licensed optometrist:opt(a) Prepare a patient for examination.

(a) Prepare a patient for examination.

- *AB77_R3*80th Session (2019) – 5 – Sec.

Notwithstanding any provision of this chapter to the contrary, a licensee, nonprofit or charitable organization, governmental agency or school in this State who obtains a certificate pursuant to this section may own or operate a mobile optometryissuance or renewal of a certificate to own or operate the clinic must be submitted on a form approved by the Board and include any fees established by the Board pursuant to thissubsection section.4.

An application for the issuance or renewal of a certificate to own or operate the clinic must be submitted on a form approved by the Board and include any fees established by the Board pursuant to subsection 4.

A certified mobile optometry clinic may only provide opt(a)optometric Governmentalservices agencies;to:

(a) Governmental agencies;

groups(c) inMembers theof State;low-income and other medically underserved gro(d) Academic programs.

andcome and other medically underserved (d) Academic programs.

An applicant for a certificate by endorsement must submit an application to the Executive Director in a form prescribed by - 80th Session (2019) – 6 – the Board.

- *AB77_R3* – 6 – (1) Holds a valid and unrestricted certificate or other credential approved by the Board to engage in the treatment of a person with glaucoma issued in any state, the District ofnt of a Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States which the Board has determined was issued in accordance with requirements that are substantially similar to those applicable to the issuance of a certificate to treat persons diagnosed with glaucoma in this State pursuant to NRS 636.2893;

Unless the application is denied for good cause, the Board shall approve the application and issue a certificate to treat a person diagnosed with glaucoma by Sec.endorsement within 45 days after receiving the application.

5.menNRS 636.015 isAs herebyused amendedin this chapter, unless the context otherwise requires, the words and terms defined in NRS 636.016 to read[636.024,] as636.023, follows:inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

636.015 As used in this chapter, unless the context otherwise 636.023, inclusive, and section 2 of this act have the meanings4,] ascribed to them in those sections.

- 80th Session (2019) – 7 – 636.019 “Diagnostic pharmaceutical agents” means [topicals:

ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.] any topical or oral agents used to examine and diagnose conditions of the eye or adnexa.

8.

NRS 636.019 is hereby amended to read as follows:

636.019 “Diagnostic pharmaceutical agents” means [topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.] any topical or oral agents used to examine and diagnose conditions of the eye or adnexa.

- *AB77_R3* – 7 – Sec.

or (b) Dispense a prepackaged contact lens that does not require anyanySec. adjustment, modification or fitting.

Sec.

(b) Adapting, or prescribing or dispensing, without prescription by a practitioner of optometry or medicine licensed in this State, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or provisionsinsufficiency of this paragraph do not prevent an optical mechanice from doing the mereeye mechanicalor workany ofappendage replacement or duplicationvisual fromprocess. engaging in the practice of ophthalmic dispensing.

optician (c) The examinationprovisions ,of evaluation,this diagnosisparagraph anddo treatmentnot ofprevent thean humanoptical eyemechanic andfrom itsdoing appendages, the measurementmere ofmechanical thework powersof replacement or rangeduplication of human vision [,] by any means, including, without limitation, the useophthalmic oflens an autorefractor or otherprevent automated testing device, unless performed under the direct responsibility of a licensed optometristdispensing asoptician authorizedfrom inengaging section 3 of this act, the determination of the accommodative and refractive states of the eye or the scope of its function in general, or the diagnosispractice or determination of anyophthalmic visual,dispensing. muscular, neurological, interpretative or anatomic anomalies or deficiencies of the eye or its appendages or visual processes.

(d)the Prescribing,human directingeye and its appendages, the usemeasurement of the powers or usingrange of human vision [,] by any opticalmeans, deviceincluding, without limitation, the use of an autorefractor or other automated testing device, unless performed under the direct responsibility of a licensed optometrist as authorized in connectionsection with3 ocularof exercises,this orthopticsact, ,the visiondetermination rehabilitation,of visionthe therapyaccommodative and refractive states of the eye or the scope of its function in general, or the diagnosis or determination of any visual, muscular, neurological, interpretative - 80th Session (2019) – 8 – or anatomic anomalies or deficiencies of the eye or its appendages or visual training.processes.

(e)(d) Prescribing, directing the use of or using any optical device in connection with ocular exercises, orthoptics , vision reh(e) The prescribing of contact lenses.lenses.training.

(f) The measurement, initial fitting , as defined in NRS 636.387, or adaptation of contact lenses to the human eye except - *AB77_R3* – 8 – under the direction , responsibility and supervision of [a physician, surgeon or] an optometrist licensed in the State of Nevada [.] as authorized in section 3 of this act.

(a) [The incision or suturing of the eye or its appendages;] Any procedure using a laser, scalpel, needle or other instrument in Any which any human tissue is cut, burned or vaporized by incision, injection, ultrasound, laser, infusion, cryotherapy, radiation or oth(b)other [Themeans; use of lasers for surgical purposes.] Any procedure using an instrument which requires the closure of human tissue by Sec.

10.5.amNRSor 636.027(b) is[The herebyuse amendedof tolasers readfor assurgical follows:purposes.] Any procedure using an instrument which requires the closure of human tissue by suture, clamp or similar device.

Sec.

10.5.

NRS 636.027 is hereby amended to read as follows:

- 80th Session (2019) – 9 – Sec.

Except as provided in subsection 2, a person is exempt from the provisions of this chapter regulating the practice of optometry if the person is engaged in a clinical program of a school or college of optometry accredited by the Board and if the person is [:

college of optometry accredited by the Board and if the person is (a) A] a student who is enrolled in a clinical program of an undergraduate or graduate course of study in optometry at such a school or college [;

or - *AB77_R3* – 9 – (b) Licensed to practice optometry in another state and is employed as a clinician or instructor at such a school or college.] and who has not received a degree of doctor of optometry.

A member of the Board who is appointed to perform the duties of the Executive Director is not entitled to receive any [additional][additional]the compensation for performing those duties.

636.085 [1.] The Executive Director shall [, before undertaking the duties of Executive Director, make and deliver to the Governor a good and sufficient bond payable to the State oftoof Nevada for the benefit of the Board, in the amount designated by the Board, conditioned upon the faithful performance of his or her duties as Executive Director.

- 80th Session (2019) – 10 – Sec.

(b) Attorneys, investigators , consultants and other professional [consultants] and clerical personnel necessary to administer thisthisnal chapter.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and - *AB77_R3* – 10 – 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 are confidential [.] unless the person against whom the complaint is filed submits a written statement to the Board requesting that the documents and other information be made public records.

The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information in the Board’s possession concerning a licensee or pending investigation to any other licensing board or any other governmental agency that is investigating a person, including, without limitation, a law enforcement agency, agency of the federal government, licensing board in this State or any other state or territory of the United States.

To the extent practicable, any governmental agency that receives any confidential information from the Board pursuant to this section shall treat the information as confidential.

to this Sec.

16.

(Deleted by amendment.) 636.120 [Once each year, the] The Board shall periodically prepare and [distribute] make available to all licensees a roster containing their names and mailing addresses.

16.

(Deleted by amendment.) Sec.

17.

NRS 636.120 is hereby amended to read as follows:

636.120 [Once each year, the] The Board shall periodically prepare and [distribute] make available to all licensees a roster containing their names and mailing addresses.

- 80th Session (2019) – 11 – Sec.

636.135 The Board shall accredit schools , or approve the accreditation of schools by any nationally recognized accrediting organization or agency, in and out of this State teaching the science and art of optometry which it finds [are giving] provide a sufficient and thorough course of study for the preparation of optometrists.

- *AB77_R3* – 11 – [Not less than Not more than 3Examination............................................$1$500 Examination..........................................$50000Reexamination..........................................100500 Reexamination.........................................5000 Issuance of each license or duplicate license, including a license by endorsement .........................................755..........................................375 Renewal of each license or duplicate license..................................500license..................................100500 Issuance of a license for an extended clinical facility.....................100 500 IssuanceIssurenewal of a replacement renewal card for a license......................10 50 2.

Applications for the issuance of a 1-y3.r1-year lRenewal of a license ..................................................$1,200.......$600.............................................................................$600 4.3.

GrantingRenewal certificationof ora issuinglicense cer5.ficLicensing...of...extended....clinical..............................................$1,000..................................................$1,200 facilities4. and other practice locations .......................................$500 6.

IndividuallyGranting verifyingcertification licensure or disciplinaryissuing status.......................................................................$100certificates 7...............................................................................$1,000 - 80th Session (2019) – 12 – Not more than 5.

Licensing of extended clinical facilities and other practice locations .......................................$500 disciplinary status.......................................................................$100 7.

The Board shall conduct an investigation pursuant to subsection 3 if the Board receives a complaint which sets forth any reason to believe that a person has engaged in the practice of - *AB77_R3* – 12 – optometry in this State without a license issued pursuant to this chapter.

(a) Issue and serve on the person an order to cease and desist from the practice of optometry until the person obtains a license from the Board .

- 80th Session (2019) – 13 – (d)] (c) Impose any combination of the penalties set forth in paragraphs (a) [,] and (b) .

[and (c).]he(c).] penalties set forth in 4.

Unless the Board determines that extenuating lawcircumstances enforcementexist, agencythe anyBoard substantiatedshall informationforward submittedeto the appropriate to the Board concerning a person who practices or offers tototed practice optometry without a license issued pursuant to this chapter.

- *AB77_R3* – 13 – Sec.

2.reside and work in this country;ed States or is lawfully entitled to 3.

Is a citizen of the United States or is lawfully entitled to reside and work in this country;

3.

- 80th Session (2019) – 14 – 5.

Has passed each examination identified, administered or approved by the Nevada State Board of Optometry pursuant to NRS6.36.HasNRS not636.150; been disciplined for harming a patient as a licensed optometrist in another state.

and 6.

Has not been disciplined for harming a patient as a licSec.

24.

NRS 636.170 is hereby amended to read as follows:

The Board shall:byshall: amended to read as follows:

Be conducted in the English language.] - *AB77_R3* – 14 – Sec.

636.190 Except as otherwise provided in NRS 622.090, a grade of [75] 70 or higher for each area tested [on the examination] is requiredreqSec. to pass [an] the examination.

Sec.

If a license is granted, it is effective [for] only [1] until February 28 - 80th Session (2019) – 15 – of the next even-numbered year unless renewed by the Board [.] upon payment of the fee for the renewal of the license established pursuant to NRS 636.143.

(a) The name and address of the proposed facility;

For the purposes of this section, “extended clinical facility for the treatment of visual disorders” means a clinical facility which - *AB77_R3* – 15 – renders optometric services and is operated by an accredited school or college of optometry, but which is located beyond the boundaries of the principal campus of the school or college.college.ond the boundaries Sec.

Sec.

For the- purposes80th ofSession this(2019) subsection,– the16 date– of the postmark on any payment received by mail shall be deemed to be the date of receipt by the Executive Director.

The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding [12-month] 24-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the Board.

This evidence must be indicated on the formnform for proof of completion of continuing education that is furnished by thanthe [24]Board. 40 hours of continuing education during each [year.]more period of renewal.

The Board shall not require a licensee to complete more than [24] 40 hours of continuing education during each [year.] period of renewal.

A licensee who is certified to administer and prescribe [therapeutic] pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal fee, present evidence satisfactory to the Executive Director that, during the [12] 24 months immediately preceding the payment of the renewal fee, the licensee completed an educational or postgraduate program approved by the Board.

636.265 Upon payment of the renewal fee, submission of evidence of completion of the required number of hours of continuing education and submission of all information required to complete the renewal, the Executive Director shall execute and issue - *AB77_R3* – 16 – a renewal card for the license to the licensee, certifying that the license has been renewed for a [12-month] 24-month period beginning March 1 of each even-numbered year.

The renewal card must indicate the address of the place of the licensee’s practice for which the card is issued and be displayed prominently at that location..

The[and renewalsealed cardwith mustthe beseal signedof bythe Board.]by the Executive Director .Sec.

[and sealed with the seal of the Board.] Sec.

- 80th Session (2019) – 17 – Sec.

A license which has been suspended for failure of the licensee to pay the [annual] renewal fee , [or] to submit all information required to complete the renewal or to submit evidence of completion of the required number of hours of continuing education may be restored at any time [during the calendar year] within 90 days after the suspension of the license upon the licensee:

(b) Paying [the Executive Director] a [nonrenewal penalty] late fee in the amount prescribed by [NRS 636.285;

late (c) Submitting all required information [.

licensee2. to submit evidence of completion of] ;

andreA oflicense thewhich (d)has Completingbeen thesuspended requiredfor numberfailure of hoursthe licensee to submit evidence of continuingcompletion educationof] .;

and (d) Completing the required number of hours of continuing education .

636.286 An optometrist shall not administer or prescribe a [therapeutic] pharmaceutical agent other than a diagnostic pharmaceutical agent unless the optometrist has obtained a certificatecerSec. pursuant to NRS 636.288.

Sec.

636.287 The Board shall adopt regulations which prescribe the requirements for certificationtocertification to administer and prescribe - *AB77_R3* – 17 – [therapeutic] pharmaceutical agents pursuant to NRS 636.288.

- 80th Session (2019) – 18 – Sec.

Each optometrist who has complied with the requirements adopted by the Board pursuant to NRS 636.287, a certificate to administeradm2. and prescribe [therapeutic] pharmaceutical agents.

2.

636.2881 The Board shall, by regulation, require each optometrist who is certified to administer and prescribe [therapeutic] pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to the misuse and abuse of controlled substances, the prescribing oflyof opioids or addiction during each period of licensure.

Any licensee requirementmay establisheduse bysuch thetraining Board.ursto satisfy 2 hours of any continuing education Sec.requirement established by the Board.

Sec.

Prescribes the [therapeutic pharmaceutical agent] controlled substance in an amount that does not exceed 90 morphine milligram equivalents per day and will not last more than 72 hours;

- *AB77_R3* – 18 – Sec.

An optometrist [who] , regardless of whether he or she has been issued a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 or certification by endorsement pursuant to section 4.5 of this act, shall refer a patient diagnosed - 80th Session (2019) – 19 – with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:

(b) The patient has been diagnosed with [malignant] any type of glaucomagla(c) [orThe neovascular]patient otherhas thanbeen opendiagnosed with acute closed angle glaucoma.

(c) The patient has been diagnosed with acute closed angle glaucoma.

If an optometrist determines that a patient’s glaucoma is caused by diabetes, the optometrist shall consult with a physician and ophthalmologist in the manner provided in this paragraph.]ndparagraph.] Sec.

636.2893 The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat personsepersons diagnosed with glaucoma pursuant to NRS 636.2895.

Proof that each optometrist who applies for a certificate has treatedtre(a) atDiagnosed leastwith 15glaucoma personsby whoan were:ophthalmologist licensed in this State;

(a) Diagnosed with glaucoma by an ophthalmologist licensed in this State;

- *AB77_R3* – 19 – Sec.

- 80th Session (2019) – 20 – 2.

Unless the Board takes action pursuant to NRS 636.325, the Board may discipline a licensee for a violation of any provision of this chapter or regulation adopted pursuant to this chapter in one or more of the following ways, with or without the impositionimp(a) byIssuing thea Boardletter of apublic monetaryreprimand;y: penalty:

(a) Issuing a letter of public reprimand;

636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

likely1. to be communicated to other persons.y communicable disease 2.] Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

[3.[Affliction of the licensee with any communicable disease likely to be communicated to other persons.

Conviction2.] Commission by the licensee of anya felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the provisionslicensee has been convicted and from which he or she has been sentenced by a final judgment of NRSa 616D.200,federal 616D.220,or 616D.240state court in this or 616D.300any toother 616D.440,state, inclusive.the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.6D.200, 4.] 2.

- *AB77_R3* – 20 – [7.] 5.

- 80th Session (2019) – 21 – [10.] 8.

Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that isunless notthe approvedunapproved bycontrolled thesubstance Unitedor Statesdangerous Fooddrug:tion, and(a) DrugWas Administration,procured unlessthrough thea unapprovedretail controlledpharmacy substancelicensed orpursuant dangerousto drug:chapter 639 of NRS;

(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

Any violation of the provisions of this chapter or any reg[13.]regulations 10.adOperationadopted ofpursuant athereto. medical facility, as defined in NRS 449.0151, at any time during which:

(b)[13.] An10. act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility is suspended or revoked;

or (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive,Pharmacy andpursuant anythereto.ions regulations adopted by the State Board of Pharmacy[16.] pursuant12. thereto.

[16.] 12.

- *AB77_R3* – 21 – (b) The maintenance, availability or distribution of any medical record of a patient;

- 80th Session (2019) – 22 – Sec.

Association as an optometrist with any person, firm or corporationcor2.ratAccepting violatingemployment, directly or indirectly, from a person not licensed to practice optometry in this chapter.State to assist the person in such practice or enabling the person to engage therein, except as authorized in NRS 636.347.

2.

Accepting employment, directly or indirectly, from a person not licensed to practice optometry in this State to assist the person in such practice or enabling the person to engage therein, except as authorized in NRS 636.347.

Except as otherwise provided in NRS 636.372 and 636.373, practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a business is being conducted not exclusively devoted to optometry or other healing arts and materials or merchandise are displayed having no relation to the practice of optSec.optometry or other healing arts.] Sec.

636.301 The following acts, among others, constitute unethical or 1.proDivisionunprofessional ofconduct: fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.

1.

Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.

Division of fees or any understanding or arrangement which is designed or tends to impair, influence or affect the independent judgment or practice of the optometrist with any person who is notnott an optometrist or a health maintenance organization, unless in accordance with NRS 636.374.

2.] Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to optometric materials or - *AB77_R3* – 22 – services, his or her method of practice or skill, or the method of practice or skill of any other licensee.

- 80th Session (2019) – 23 – [3.] 2.

[or services.] Sec.636.305 1.RS 63A complaint may be made against a licensee by:

46.

NRS 636.305 is hereby amended to read as follows:

636.305 1.

A complaint may be made against a licensee by:

The Board shall retain each complaint received pursuant to this section for not less than 10 years, including, without limitation, any complaint which is not acted upon.ing,upon. without Sec.

Sec.

636.310 1.

A complaint [must] :

A complaint may] andand(b) beMay signednot andbe swornfiled toanonymously or[. affirmed by the person making it.

(b)If Maya notcomplaint beis filedfiled. anonymously [.

If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.] , except that the identity of the complainant must remain confidential upon request by the complainant and until the complainant waives that confidentiality.

If the Executive Director or his or her designee determines that a complaint filed with the Board relates to any matter within the jurisdiction of another regulatory body in this title or chapter 437 of NRS, the Executive Director shall refer the complaint to the that regulatory body.

The provisions of subsection 2 do not prohibit the Executive Director or his or her designee from investigating a complaint which relates to any matter within the jurisdiction of the - *AB77_R3*80th –Session 23(2019) – Board24 or– from notifying the Board of that matter for further consideration by the Board if deemed necessary by the Board after an investigation.

The licensee against whom the charge is filed must be accorded the right to appear in person and by legal counsel, and given adequate opportunity to confront the witnesses against him or her, to testify and introduce the testimony of witnesses in his or her behalf, and to submit argument and brief in person or by counsel.] in accordance withwitSec. the provisions of chapters 233B, 622 and 622A of NRS.

Sec.48.6.isiNRS 636.325 is hereby amended to read as follows:

48.6.

NRS 636.325 is hereby amended to read as follows:

[Upon conclusion of the hearing, or waiver thereof by the person against whom the charge is filed, the Board shall make and announce its decision.] If the Board [determines that the allegations included in the charge are true,] finds by a preponderance of the evidence that a person has engaged in one or more grounds for disciplinary action set forth in NRS 636.295, it may take any one or more of the following actions:

conditions(a) deemedPublicly necessaryreprimand by the Board;]licensee [;] and impose any terms or (b) Place the licensee on probation for a specified or unspecified period [;] and impose any conditions deemed necessary by the Board;

(c)(b) SuspendPlace the [licenseelicensee fromon practiceprobation for a specified or unspecified period;]period license[;] of the person for not more than 1 year and impose any terms or conditions deemed necessary by the Board;

(c) Suspend the [licensee from practice for a specified or unspecified period;] license of the person for not more than 1 year Board;pose any terms or conditions deemed necessary by the (d) Revoke the [licensee’s] license [;

- 80th Session (2019) – 25 – (f) Limit the person’s practice of optometry;

- *AB77_R3* – 24 – (g) Suspend the enforcement of any penalty by placing the person on probation, which the Board may revoke if the person fails to comply with any condition of probation imposed by the Board;Boa(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board, and the person must be responsible for any expense incurred for providing those services;

(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board, and the person must be responsible for any expense incurred for providing those services;

Any disciplinary action taken by a hearing officer or panel pursuant to NRS 636.110 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.

An order of - 80th Session (2019) – 26 – summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee - *AB77_R3* – 25 – convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

2.prescribe, administer or dispense a controlled substance listed in schedule [II,] III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule [II,] III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

own2. all or any portion of an optometry practice [optometry] underion to an assumed or fictitious name must submit to the Board an be accompanied by proof satisfactory to the Board that theon must assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.

An optometrist who applies for a certificate of registration to own all or any portion of an optometry practice [optometry] under application on a form provided by the Board.

The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.

and (c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly - 80th Session (2019) – 27 – provides optometric services at the business and the words or letters that designate him or her as an optometrist.

- *AB77_R3* – 26 – 4.

The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practicepra5.iceAs optometryused underin anthis assumedsection, “assumed or fictitious name.name” means a name [that is not the real] other than the name of [each person who owns an interest in a business.] the optometrist printed on his or her license to practice optometry.

5.

As used in this section, “assumed or fictitious name” means a name [that is not the real] other than the name of [each person who owns an interest in a business.] the optometrist printed on his or her license to practice optometry.

A licensee shall notify the Executive Director in writing anbefore additionalchanging the location toof practicehis optometry.acticeor her practice [.] or establishing Sec.an additional location to practice optometry.

53.636.372 1.RS 63[An] Except as otherwise provided in subsection 4, an optometrist may enter into an agreement with a person who is not licensed pursuant to the provisions of this chapter for the leasing of a building or a part thereof for use in his or her practice.

NRS 636.372 is hereby amended to read as follows:

4, an optometrist may enter into an agreement with a person who is not licensed pursuant to the provisions of this chapter for the leasing of a building or a part thereof for use in his or her practice.

The regulations must ensure the - 80th Session (2019) – 28 – quality of optometric care and the practice of optometry without restricting competition or the commercial practice of optometry.

An optometrist shall not enter into a lease pursuant to this section unless, during the term of the lease, the optometrist - *AB77_R3* – 27 – maintains exclusive access to, and control and ownership of, the medical records of each patient of the optometrist.optometrist.rship of, the Sec.

Sec.

be5. employed by a physician.

This section does not authorize an optometrist to employ or Sec.be employed by a physician.

Sec.

- 80th Session (2019) – 29 – 2.

The collaborating parties agree that the collaborating optometrist will refer the patient back to the collaborating ophthalmologist or, if the collaborating ophthalmologist is not available, another ophthalmologist designated by the collaborating ophthalmologist to provide care to the patient if the medical needs - *AB77_R3* – 28 – of the patient necessitate the provision of care by an ophthalmologist;

(1) Indicates that the practice of optometry is regulated by the Nevada State Board of Optometry and the practice of ophthalmology [are respectively] is regulated by the [Nevada State Board of Optometry and the] Board of Medical Examiners [;] or the State (2)Board Contains the address and telephone number of eachOsteopathic ofMedicine, thoseas Boards.applicable;

636.375and 1.RS(2) 6ServiceContains ofthe processaddress madeand undertelephone thisnumber chapterof musteach be made by one of thethose followingBoards. methods:

Sec.

55.

NRS 636.375 is hereby amended to read as follows:

636.375 1.

Service of process made under this chapter must be made by one of the following methods:

Service of process made under this chapter shall be deemed complete when a true and correct copy of the document, properly- addressed80th andSession stamped,(2019) is– deposited30 in– the United States mail pursuant to paragraph (a) of subsection 1, or when personalpersonals delivery is completed pursuant to paragraph (b) of subsection 1.

[first-class, certified or registered] (a) First-class mail, postage prepaid, addressed to the licensee at the location listed by the [Executive Director for that] licensee [.] - *AB77_R3* – 29 – on his or her most recent change of address form or application for the renewal of his or her license or the last known address as indicated in the records of the Board for any other person;

636.382topical [1.diagnostic ophthalmic [pharmaceutical] agents .

No] Any licensed optometrist may administer topical diagnostic ophthalmic [pharmaceutical] agents .

(b) Satisfactory completion of a curriculum approved by the Board, which must include general and ocular pharmacology, at an institution approved by the Board and accredited by a regional or professional accrediting organization and recognized or approved by the Council on Post-Secondary Accreditation, the Northwest Accreditation Association or the United States Department of Edu(c)Education; Successful completion of an appropriate examination approved and administered by the Board.

mayand beapproved usedand foradministered diagnostic purposes by an optometrist who has been authorized by the BoardBoard.opriate toexamination do3. so:

The following topical ophthalmic pharmaceutical agents may be used for diagnostic purposes by an optometrist who has been authorized by the Board to do so:

and (d) Miotics.] Sec.- 80th Session (2019) – 31 – 636.387 1.

57.

NRS 636.387 is hereby amended to read as follows:

636.387 1.

- *AB77_R3* – 30 – 3.

A prescription for spectacle lenses must not be construed to be approved for or converted to a prescription for contact lenses unless contact lenses are expressly approved in writing on the prescription by the prescribing optometrist.

in writing on the [4.] 2.

Sec.Secs.

57.5.57.5 and 58.

58.

(Deleted by amendment.) Sec.

639.0125Sec. “Practitioner” means:y amended to read as follows:

60.

NRS 639.0125 is hereby amended to read as follows:

639.0125 “Practitioner” means:

A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with - 80th Session (2019) – 32 – respect to or administer drugs in the course of professional practice or research in this State;

An advanced practice registered nurse who has been authorized to prescribe controlled substances, poisons, dangerous drugsdru4. and devices;

4.anA physician assistant who:

A physician assistant who:

and (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;

- *AB77_R3* – 31 – (a) Holds a license issued by the State Board of Osteopathic Medicine;

A physician, dentist, veterinarian or podiatric physician who holdsregistered apursuant license to practicethis hischapter.er or her profession in this State and is registered2. pursuant to this chapter.

2.

A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled sub4.ancAsubstance euthanasiain technician who is licensed by the Nevadacourse State Board of Veterinaryprofessional Medicalpractice Examiners and registered pursuant to pentobarbital pursuant to his or herresearch. license and registration.

4.

A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he or she possesses or administers sodium pentobarbital pursuant to his or her license and registration.

and - 80th Session (2019) – 33 – (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.

(a) Holds a license from the State Board of Osteopathic Medicine;

andanda license from the State Board of Osteopathic (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

- *AB77_R3* – 32 – Sec.

(a) An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her so to prescribe;pre(b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.

or (b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.

follows:6.Sec.

NRS6. 636.338 is hereby amended to read as 636.338 1.

TheNRS Executive636.338 Directoris ofhereby theamended Board or his information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRSread 453.164,as orfollows: from a law enforcement agency, professional licensing board or any other source indicating that:

(a)636.338 A1. licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule [II,] III or IV;

The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, - 80th Session (2019) – 34 – including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

unauthorized or otherwise inappropriate prescription for alegal, controlled substance listed in schedule [II,] III or IV;

If the Executive Director of the Board or his or her designee receives information described in subsection 1 - *AB77_R3* – 33 – concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent,fraudulent,signee illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule [II,] III or IV, the Board must proceed as if a written complaint had been filed against the licensee.

(a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or criminal- or80th administrativeSession proceedings.or(2019) investigation– and35 (b)– Postponeother anyappropriate notification,governmental reviewentity orfor partinvestigation ofand suchcriminal a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative orproceedings. criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

(b) Postpone any notification, review or part of such a review required by this section if he or she determines that it administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

The Board shallshall: :

- *AB77_R3* – 34 – (b) Develop and disseminate to each optometrist who is certified to prescribe and administer [therapeutic] pharmaceutical agents pursuant to NRS 636.288 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those optometrists of the requirements of this section and NRS 636.339, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto.

The Board shall update the explanation or bulletin as necessary to include any revisionsexplanation toor thosebulletin provisionsmust include, without limitation, an explanation of lawthe requirements that apply to specific controlled substances or regulations.categories of controlled substances.

The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

Section 36 of this act, any regulations adopted by the certificationBotodNevada administerryState andscrprescribeBoard reauirtherapeuticof Optometry prescribing the requirements for certification to administer and prescribe a therapeutic - 80th Session (2019) – 36 – pharmaceutical agent pursuant to NRS 636.287 remain in effect until the Board amends the regulations in accordance with NRS 636.287, as amended by section 36 of this act.rdanceact. with NRS 4.

Section4. 37 of this act, a certificate to administer or prescribe a therapeutic pharmaceutical agent issued in accordance with the provisions of NRS 636.288 remains in effect for the period for which the certificate was issued, if the person to whom the certificate was issued otherwise remains eligible to hold the certificate during that period.

Section 37 of this act, a certificate to administer or prescribe provisions of NRS 636.288 remains in effect for the period forhe which the certificate was issued, if the person to whom the certificate was issued otherwise remains eligible to hold the certificate during that period.

- *AB77_R3* – 35 – 1.

LEADLINES~~~~~ OF19 REPEALED- SECTIONS80th 636.024Session “Therapeutic(2019) pharmaceutical agent” defined.

636.160 Application for examination.

636.195 Request for reexamination.mination.

636.200 Scope of reexamination.

636.220 Licenses:

Issuance.

636.315 Procedure following filing of complaint;

retention of complaints.

636.330 Application for rehearing.

636.335 Rehearing:

Notice to licensee;

conduct;

decision.

636.336 Board to cooperate with other agencies investigating persons.

636.341 Practicing or offering to practice without license:

Reporting requirements of Board.

636.385 Use of and payment for optometric services by administrative agencies and public schools.

H - *AB77_R3*