AB 415 — Revises provisions relating to dispensing opticians. (BDR 54-846)

ophthalmic(NRS dispensing637.090) managing an optical establishment, as defined in section 5 of this bill, without a valid license issued by the Board.

(NRS 637.090) Section 24 of this bill revises that prohibition to instead prohibit a person from managing an optical establishment, as defined in section 5 of this bill, without a valid license issued by the Board.

(NRS 637.125) Section of this bill prescribes criteria for eligibility for a license as an apprentice dispensing optician.

(NRS 637.110, 637.120, 637.121, 637.123, - *AB415_R1* – 4 – 637.140) Sections 27 and 33 of this bill remove provisions setting forth those maximum fees.

Instead, section 9 of this bill requires the Board to establish a schedule of various fees relating to licensure and sets forth the maximum amount of thoSectionthose 4fees. of this bill defines “license” to mean a license issued by the Board.

Section 134 of this bill makesdefines a“license” conforming change to makemean thea definitionslicense setissued forthby in sections 3-5 applicable to the statutesBoard. governing opthalmic dispensing.

Section 1413 of this bill revisesmakes thea definitionconforming ofchange “dispensingto optician.”make Sectionthe 15definitions ofset thisforth billin revisessections the3-5 definitionapplicable ofto “ophthalmicthe dispensing”statutes to:governing ophthalmic dispensing.

(1)Section includeof thethis issuingbill ofrevises a the intendeddefinition wearerof and“dispensing theoptician.” makingSection 15 of certainthis recommendationsbill relatingrevises tothe adefinition devicesof to“ophthalmic prescription;dispensing” to:

(1) include the issuing of a final authorization to deliver lenses, frames or other specially fabricated devices to the intended wearer and the making of certain recommendations relating to a prescription;

- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

“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.

and - *AB415_R1* – 5 – (b) Be a graduate of an accredited high school or its equivalent.

(a) Authorizes the holder to practice ophthalmic dispensing in this State under the direct supervision of a licensed dispensing optician,opt(b) licensedMust ophthalmologistat orall licensedtimes optometrist;be conspicuously displayed at the holder’s place of practice.

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

- 82nd Session (2023) – 5 – 1.

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.

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 requirementsprescribed adoptedby regulation pursuant to subsectionthis 1.subsection, a license as an apprentice dispensing optician:

Unless otherwise prescribed by regulation pursuant to this subsection, a license as an apprentice dispensing optician:

- *AB415_R1* – 6 – 6.

Sec.- 82nd Session (2023) – 6 – charges for the following items, which must not exceed theand following amounts:

9.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 The delinquency fee for a limited license as a..............................$500 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 Sec.

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 Sec.

2.3.

SetBe forthsigned theand allegedverified factsby constitutingthe person filing the violation;complaint.d Sec.

and 3.

Be signed and verified by the person filing the complaint.

Sec.

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 - *AB415_R1* – 7 – written administrative citation to the person.

- 82nd Session (2023) – 7 – (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 t(1) State the violation.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 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.

Any sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by 5.is If a person does not pay an administrative fine imposed pursuant to this chapter.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.

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.

If a person files a written request for a hearing within the time allowed by subsection 1, the Board shall provide notice of and - *AB415_R1* – 8 – conduct the hearing in the same manner as other disciplinary hearings.

- 82nd Session (2023) – 8 – 3.

For the purposes of this section, a citation issued pursuant person to sectionwhom 11it ofwas thisissued:ll act shall be deemed to be received by the person(a) toOn whomthe itdate wason issued:which the citation is personally delivered to the person;

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

637.0215 “Dispensing optician” means a person [engaged in the practice of ophthalmic] who holds a:a license or limited license as a dispensing [.] optician issued pursuant to this chapter.

1.

License as a dispensing [.] optician issued pursuant to NRS 637.120;

or 2.

Limited license as a dispensing optician issued pursuant to NRS 637.121.

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

and (c) The issuing of the final authorization to deliver to the intended wearer such lenses, frames and devices.

deliver to the 2.

- *AB415_R1* – 9 – (d) The [verification] final physical inspection and verification of the quality of finished ophthalmic products;

[(d)]- (e)82nd TheSession adjustment(2023) – 9 – wearer’s face or eyes;tment of lenses or frames to the intended wearer’s[(e)] face(f) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or eyes;other specially fabricated ophthalmic devices;

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

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.

3.contact lenses by a licensed pharmacist pursuant to the provisions of NRS 639.2825.

[A licensed pharmacist] The dispensing of prepackaged contact lenses by a licensed pharmacist pursuant to the provisions of NRS 639.2825.

- *AB415_R1*82nd Session (2023) – 10 – (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.

a representative of the general public.

(b) Administer oaths in taking testimony in any matter pertaining to the duties of the Board.] basis of a fiscal year commencing on July 1 and terminating on June 30.

The rate - 82nd Session (2023) – 11 – must not exceed the rate provided for state officers and employees generally.

- *AB415_R1* – 11 – Sec.

1.employment of the Secretary of the Board, but it may maintain]iness or Maintain offices in as many [localities] locations in the State as it finds necessary to carry out the provisions of this chapter ;

[The principal office of the Board is the place of business or employment of the Secretary of the Board, but it may maintain] Maintain offices in as many [localities] locations in the State as it finds necessary to carry out the provisions of this chapter ;

637.060all 1.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.

Except as otherwise provided in subsection [3,] 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 Board maymay, acceptfor gifts,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.

- 82nd Session (2023) – 12 – [3.] 4.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [2] 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 - *AB415_R1* – 12 – recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

Such standards must be consistent with the minimum standards of quality approved by the AmericanAme3.canPrescribing Nationalthe Standardsform Institute.of an administrative citation issued pursuant to section 11 of this act.

3.

Prescribing the form of an administrative citation issued pursuant to section 11 of this act.

NRS(Deleted 637.085by isamendment.) herebySec. amended to read as follows:

637.085 [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)] 1.

Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

[(b)] 2.

Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

[(c)] 3.

Any communication between:

[(1)] (a) The Board and any of its committees or panels;

and [(2)] (b) 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.

- *AB415_R1* – 13 – 3.] 4.

[Except as otherwise provided in this section and NRS 239.0115, a] 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] Any other information [to any other licensing board] or [any other agency] record in possession of the Board that is [investigating] not a [person, including, without limitation, a law enforcement agency.] public record subject to the provisions of chapter 239 of NRS.

Sec.

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- optician82nd maySession be(2023) performed– at13 the– optical establishment without a licensed dispensing optician present.present.ical establishment Sec.

Sec.

(1) [Served] Successfully completed an educational program on ophthalmic dispensing approved by the Board and served as an apprentice dispensing optician for not less than [3] 2 - *AB415_R1* – 14 – years in [an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience in ophthalmic dispensing and has passed an educational program on the theory of ophthalmic dispensing approved] accordance with regulations adopted by the Board [;] pursuant to NRS 637.070;

(f) Has done all] Board pursuant to NRS 637.070.

(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 - 82nd Session (2023) – 14 – fit and fill prescriptions for contact lenses, a licensed ophthalmologist or a licensed optometrist;

and (4) Passed the practical examination on the fitting of and filling of prescriptions for contact lenses adopted by the Board.] a license as a dispensing optician.

(a) Is a graduate of a foreign school and has acquired education and experience that the Board deems equivalent to or - *AB415_R1* – 15 – greater than the education and experience required for the issuance of a license as a dispensing optician in this State;

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.

- 82nd Session (2023) – 15 – (a) Authorizes the holder to practice ophthalmic dispensing in this State;

Sec.

26.

NRS 637.115 is hereby amended to read as follows:

The Board shall maintain records pertaining toto: applicants to whom licenses have been issued or denied.

applicants to whom licenses have been issued or denied.

Upon request, the Board shall disclose any information maintained pursuant to subsection 1 and may charge a fee for a - *AB415_R1* – 16 – copy of the information.

[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.cha2.]r.

2.] Only a person who is deemed to [hold] have held an active [,] or inactive [or delinquent] limited license as a dispensing optician [on] since February 1, 2004, may hold a limited license as a dispensing optician.

2.[3.

A limited license as a dispensing optician:

(a) Authorizes the holder to engage in the practice of ophthalmic dispensing pursuant to this chapter [ 3.

and (b) Shall] ,2. except that the holder shall not [sell, furnish or fit] dispense contact lenses [.

A limited license as a dispensing optician:

- 82nd Session (2023) – 16 – ophthalmic dispensing pursuant to this chapter, except that the holder shall not [sell, furnish or fit] dispense contact lenses [.

Not later than 2 years after the expiration of a limited license, a delinquent limited license may be reinstated, at the discretion of the Board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.

Such a licensee shall not practice ophthalmic - *AB415_R1* – 17 – dispensing during the time the limited license is inactive.

6.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.

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.

- 82nd Session (2023) – 17 – (b) Consist of a minimum of 12 hours for a period of 12 months.

9.are necessary to carry out the provisions of this section.] placed on inactive status on or after January 31, 2023.

The Board shall adopt any other regulations it determines are necessary to carry out the provisions of this section.] placed on inactive status on or after January 31, 2023.

(a) Directly supervise] is physically present in the optical establishment to provide direct supervision for all [work done by the apprentice] dispensing [optician.] activities performed by the - *AB415_R1* – 18 – apprentice and to verify the quality of the finished products to be dispensed.dis[(b) Be in attendance whenever the] 4.

[(b) Be in attendance whenever the] 4.

(a)- Are82nd notSession (2023) – 18 – this chapter.t required to be licensed pursuant to the provisions of this(b) chapter.May not perform the services of a dispensing optician.

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

(1) Place the holder on probation;

- *AB415_R1* – 19 – (1) Place the holder on probation;

(5) Require the holder to reimburse the Board for the cost of any investigation(6) orRequire hearingthe relatedholder to thepay disciplinaryan action;administrative fine of not;

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

4.- 82nd Session (2023) – 19 – license that has been revoked if the person who was issued the license applies to the Board for its reinstatement.

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.

The Board shall, to the extent feasible, communicate and cooperate with or provide any documents or information to any other licensing board or agency, including, without limitation, a law enforcement agency, that is investigating a person licensed pursuant to this chapter.

7.

An order of the Board that imposes discipline and the findings of fact and conclusions of law supporting the order are public records.

8.

(a) Being convicted of [a] any: crime involving moral turpitude [;

(d)(1) HasAny beencrime convictedinvolving of]moral orturpitude; violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

[(e)[(d) Has advertised]been (b)convicted Advertisingof inviolating] any(2) mannerA whichviolation wouldof tendany tofederal deceive,or defraudstate orlaw misleadrelating theto public;a controlled substance;

[(f)or Has(3) presentedViolating to the Board any diploma,of licensethe orprovisions certificateof thatNRS has616D.200, been616D.220, signed616D.240 or issued616D.300 unlawfully or under fraudulent representations, or obtains or has obtained] (c) Obtaining a license to practice616D.440, ininclusive; this State through fraud or the misrepresentation or concealment of [any kind;

[(e) Has advertised] defraud or mislead the public;er which would tend to deceive, [(f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained] (c) Obtaining a license to practice in this State through fraud or the misrepresentation or concealment of [any kind;

- *AB415_R1* – 20 – (h) Has,Has,] without proper verification, dispensed a lens,material frame,fact; specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

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

(j) Has violated] a637.070; material fact;

(d)dispensing;itting Committing fraud or deceit in the practice of ophthalmic dispensing;(f) Violating any provision of this chapter [;

(e) Violating any provision of this chapter [;

or - 82nd Session (2023) – 20 – (o) Has operated] adopted pursuant to this chapter;

and(g) (f) Operating a medical facility, as defined in NRS 449.0151, at any time during which:

or (2)suspension Anor actrevocation orof omissionthe occurredlicense whichpursuant resultedto NRS 449.160 [,  the Board may, in the suspensioncase of an applicant, refuse to grant the applicant a license, or revocationmay, in the case of a holder of a license, place the licenseholder pursuanton probation, reprimand the holder publicly, require the holder to NRSpay 449.160an .administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

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

As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.] Sec.;

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

Sec.

[To the extent that money is available for that purpose, the] The Board may, [upon its own motion, investigate the actions of any person who holds a license issued pursuant to this chapter that may constitute grounds for refusal to issue such a license, or the suspension or revocation of the license.] in a manner that is consistent with the provisions of chapter 622A of NRS, - *AB415_R1* – 21 – conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter.

Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a - 82nd Session (2023) – 21 – 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.sub5.enaIf 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.

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.

Issue and serve on the person an order to cease and desist fromthe engagingproper inlicense from the activityBoard.l until such time as the person obtains the[(b) properMay, licenseafter fromnotice theand Board.opportunity for a hearing, impose upon] 2.

[(b) May, after notice and opportunity for a hearing, impose upon] - *AB415_R1* – 22 – 2.

An administrative fine imposed pursuant to this section is in addition to] - 82nd Session (2023) – 22 – 5.

The Board shall retain all complaints received by] combination of the [Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.] penaltiespenSec. set forth in subsections 1, 2 and 3.

Sec.

Holding oneself out to the public, either verbally or in writing, to be an optician, a dispensing optician or an apprentice dispensingissued opticianpursuant withoutto holdingthis chapter.ing a valid and active license issued7. pursuant to this chapter.

7.

- *AB415_R1* – 23 – Sec.

- 82nd Session (2023) – 23 – Sec.

This section becomes effective upon passage and app2.vaSectionsapproval. 1 to 33, inclusive, of this act become effective:

2.

Sections 1 to 33, inclusive, of this act become effective:

LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 637.010Session Short(2023) title.

637.024 “Supervision” defined.

637.041 Enforcement of subpoenas issued by Board.

637.073 Regulations setting minimum standards for optical and ophthalmic devices.

637.075 Fiscal year.

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 pre637.120 Issuance of license as dispensing optician;

display of license;

nontransferability;

issuance of duplicate license.

637.123 Apprentice dispensing optician:

Expiration, renewal and reinstatement of license;

fees;

continuing education;

limitations on renewal.

637.127 Special license as dispensing optician.

637.135 Dispensing optician:

Continuing education.

637.140 Dispensing optician:

Expiration, renewal and reinstatement of license;

fees;

inactive status;

reactivation of inactive license.

637.155 Hearing required after receipt of report of certain violations of Industrial Insurance Act.

- *AB415_R1* – 24 – 637.170 Reinstatement of revoked license;

fee.

637.175 Expiration of prescriptions.

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

H - *AB415_R1*