Title 54

NRS 636.342 Confidentiality of certain records of Board; exceptions. 1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled a…

NRS 636.345 Licensee authorized to practice. A licensee shall be authorized and entitled to practice optometry, including, without limitation, optometric telemedicine, in this State subject to the provisions of this chapter. [77:208:1955]—(NRS A 2025, 604)

NRS 636.346 Supervision of authorized activities of assistants; conduct of final eye examination of patient. 1. In any setting where optometry, including, without limitation, optometric telemedicine, is practiced, an assistant may fit ophthalmic lenses or spectacle lenses if the …

NRS 636.347 Permit required for professional association with health maintenance organization; regulations. 1. No licensee may be employed by or contract with a health maintenance organization to provide services therefor unless the licensee has obtained a permit to do so from th…

NRS 636.350 Certificate of registration to own optometry practice under assumed or fictitious name: Requirements; application; duties; regulations. 1. A person shall not own all or any portion of an optometry practice under an assumed or fictitious name unless the person: (a) Hol…

NRS 636.355 Unauthorized use of license or renewal card. A licensee shall not lend, sell, or otherwise permit the unauthorized use of his or her license or current renewal card. [78:208:1955]—(NRS A 2019, 3653)

NRS 636.360 Posting of license and renewal card. Each holder of an optometry license, or an optometry license and renewal card, shall post the license or both the license and renewal card in a prominent place at the location for which it was issued. [80:208:1955]—(NRS A 1993, 287…

NRS 636.365 Issuance of duplicate license and renewal card. The Board or the Executive Director may issue a duplicate license and renewal card for each location at which a licensee practices optometry, if the licensee maintains more than one place of practice. [26:208:1955]—(NRS …

NRS 636.369 Duty of licensee to notify Board of change of mailing address, telephone number or electronic mail address. A licensee shall notify the Board of any change in the personal mailing address or primary telephone number of the licensee or any change of the electronic mail…

NRS 636.370 Notice to Board of initial or change of location of practice or establishment of additional location. 1. A person who has been issued an initial license to practice optometry in this State or who is re-establishing a practice in this State shall, before commencing the…

NRS 636.371 Duty of licensee to notify Board of disciplinary action taken by other jurisdiction. 1. Except as otherwise provided in subsection 2, a licensee shall report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken…

NRS 636.372 Leasing of office from unlicensed person; regulations. 1. 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 ther…

NRS 636.373 Associations or other business relationships with physicians; prohibition on supervision or control or influence over professional judgment of optometrist unless licensed to practice optometry. 1. An optometrist may form an association or other business relationship w…

NRS 636.374 Collaboration with ophthalmologist: Records; fixed fee; patient referrals; required documents. An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, r…

NRS 636.375 Service of process and transmission of other notices to licensees. 1. Service of process made under this chapter must be made by one of the following methods: (a) Sending the process to be served to the person by certified mail at his or her last known address as indi…

NRS 636.380 Right to advertise. A licensee shall be entitled fairly, ethically and truthfully to advertise the practice of optometry. [81:208:1955]

NRS 636.382 Authority of licensed optometrist to administer topical diagnostic ophthalmic agents. Any licensed optometrist may administer topical diagnostic ophthalmic agents. (Added to NRS by 1979, 950; A 1983, 150; 1993, 2875; 2019, 3655)

NRS 636.387 Requirements for prescriptions for and initial fitting of contact lenses. 1. The form for any prescription which is for a contact lens must set forth the expiration date of the prescription, the number of contact lenses approved for the patient and such other informat…

NRS 636.394 Requirements; authorized activities; prohibitions. 1. Except as otherwise provided in subsection 5, a person shall not engage in optometric telemedicine to provide health care services to a patient located at an originating site in this State unless the person is lice…

NRS 636.398 Ownership of optometry practice without license by family member, guardian or guardian ad litem for limited period after death or permanent incapacitation of sole owner; requirement to dissolve or transfer ownership of optometry practice. 1. For not more than 1 year a…

NRS 636.403 Unlawful for licensee to issue, offer to issue, duplicate or extend prescription for ophthalmic lens without performance of or access to results of comprehensive examination. It is unlawful for a licensee to issue, offer to issue, duplicate or extend a prescription fo…

NRS 636.405 Duties of peace officers and district attorneys. 1. Constables, police officers and sheriffs shall report violations of this chapter to the Executive Director, and shall render assistance to the Board or any officer thereof if called upon so to do. 2. District attorne…

NRS 636.407 Injunctive relief. The Board may cause appropriate legal action to be taken in the district court of any county to secure an injunction or order restraining the unauthorized practice of optometry. (Added to NRS by 1961, 758)

NRS 636.410 Criminal penalties. A violation of this chapter shall constitute a gross misdemeanor and shall be punishable as such, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840. [86:208:1955]—(NRS A 2013, 999)

NRS 636.420 Administrative fines; citations. 1. After providing notice and a hearing pursuant to chapter 622A of NRS, the Board may impose an administrative fine of not more than $5,000 for each violation against a person licensed under this chapter who engages in any conduct con…

NRS 637.005 Legislative declaration. The Legislature declares that the purpose of this chapter is to protect the public safety and welfare by ensuring that: 1. Only competent and scrupulous people practice ophthalmic dispensing in this State; and 2. Persons who practice ophthalmi…

NRS 637.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to 637.0235, inclusive, have the meanings ascribed to them in those sections. [2:216:1951; A 1953, 554]—(NRS A 1961, 761; 1975, 549; 1977, 191; 1979…

NRS 637.021 “Board” defined. “Board” means the Board of Dispensing Opticians. (Added to NRS by 1987, 601)

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

NRS 637.0215 “Dispensing optician” defined. “Dispensing optician” means a person who holds a license or limited license as a dispensing optician issued pursuant to this chapter. (Added to NRS by 1987, 601; A 2023, 1388)

NRS 637.0217 “License” defined. “License” means a license issued by the Board. (Added to NRS by 2023, 1385)

NRS 637.022 “Ophthalmic dispensing” defined. 1. “Ophthalmic dispensing” means: (a) The design of lenses, frames and other specially fabricated optical devices upon prescription; (b) The inspection and verification of such lenses, frames and devices; and (c) The issuing of the fin…

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

NRS 637.023 “Prescriber” defined. “Prescriber” means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses. (Added to NRS by 1987, 602)

NRS 637.0235 “Prescription” defined. “Prescription” means a direction from a licensed prescriber to: 1. Prepare therapeutic or corrective lenses; or 2. Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting. (Added to NRS by 1987, 602; A…

NRS 637.025 Applicability of chapter. The provisions of this chapter do not apply to: 1. Ophthalmic dispensing personally by a licensed physician, surgeon or optometrist unless exclusively engaged in the business of filling prescriptions. 2. Ophthalmic dispensing by an employee o…

NRS 637.026 Applicability of chapter: Inapplicability to certain manufacturers of lenses, frames and other specially fabricated optical devices; requirements for manufacturers that fail to comply with certain provisions; effect of such noncompliance. 1. Except as otherwise provid…

NRS 637.030 Creation; number, appointment, qualifications, term and removal of members. 1. The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created. 2. The Governor shall appoint: (a) Four members who are dispensing opticians and …

NRS 637.040 Election of officers; frequency of meetings; quorum; fiscal year. 1. The Board shall: (a) Elect a President, Vice President, Secretary and Treasurer from its membership; and (b) Meet at least once each year on a date determined by the Board. 2. A majority of the membe…

NRS 637.045 Salary of members; per diem allowance and travel expenses of members and employees. While engaged in the business of the Board: 1. Each member of the Board is entitled to receive a salary of not more than $150 per day, as fixed by the Board; and 2. Each member and emp…

NRS 637.050 Offices; employment and compensation of Executive Director and other employees; contracts; authority to transact business. The Board may: 1. Maintain offices in as many locations in the State as it finds necessary to carry out the provisions of this chapter; 2. Employ…

NRS 637.060 Deposit and use of money received by Board; acceptance of grants, donations and contributions; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation. 1. Except as otherwise provided in subsection 4…

NRS 637.070 Rules and regulations. The Board may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter, including, without limitation, regulations: 1. Establishing standards of practice for persons licensed pursuant to this chapter.…

NRS 637.071 Regulations governing dispensing opticians and apprentice dispensing opticians: Requirements for issuance of licenses and program of apprenticeship for apprentice dispensing opticians; examination or certificate required for issuance of license as dispensing optician;…

NRS 637.085 Confidentiality of certain records of Board; exceptions. 1. Except as otherwise provided in this section, all applications for licensure, financial records of the Board and records of hearings and any order or decision of the Board or a panel must be open to the publi…

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