Existing law creates the Board of Dispensing Opticians to regulate the practice of ophthalmic dispensing and requires the Governor to appoint the members to the Board. (NRS 637.030) Section 17 of this bill authorizes a member of the Board to continue in office until his or her successor is appointed. Sections 18, 20, 21 and 33 of this bill revise and reorganize certain provisions governing the powers, duties and operations of the Board. Section 18 prescribes requirements for determining whether a quorum is present at a meeting of the Board. Section 20 authorizes the Board to employ an Executive Director. Sections 21 and 30 of this bill expand the purposes for which the Board is authorized to accept grants, donations and contributions. Section 19 of this bill clarifies certain language relating to the compensation and travel expenses of members and employees of the Board. Section 6 of this bill provides that 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 duty of the Board. Section 2 of this bill sets forth certain legislative declarations concerning the regulation of the practice of ophthalmic dispensing. Existing law authorizes the Board to issue a license as a dispensing optician, a limited license as a dispensing optician and a license as an apprentice dispensing optician. (NRS 637.120, 637.121, 637.123) Existing law establishes requirements concerning the expiration and renewal of such licenses and, for a license or limited license as a dispensing optician, the placement of such a license on inactive status and the reactivation of such a license. (NRS 637.121, 637.123, 637.140) Section 33 repeals various requirements relating to the expiration and renewal of a license, the placement of a license on inactive status and the reactivation of a license. Section 8 of this bill authorizes the Board to adopt regulations prescribing such requirements, as well as various other requirements relating to licensure. Existing law: (1) authorizes the Board to adopt regulations necessary to carry out the provisions of existing law governing ophthalmic dispensing; and (2) requires the Board to adopt regulations setting forth minimum standards of optical and ophthalmic devices. (NRS 637.070, 637.073) Sections 22, 28 and 33 of this bill: (1) reorganize certain provisions authorizing the Board to adopt regulations; (2) authorize, rather than require, the Board to adopt standards for optical and ophthalmic devices; and (3) authorize the Board to adopt certain other regulations. Existing law provides that, in order to be eligible to hold a limited license as a dispensing optician, a person must have held such a license on February 1, 2004. Existing law: (1) authorizes the holder of such a license to practice ophthalmic dispensing; and (2) prohibits the holder of such a license from selling, furnishing or fitting contact lenses. (NRS 637.121) Section 27 of this bill clarifies that, in order to be eligible for a limited license as a dispensing optician, a person must have held such a license since February 1, 2004. Section 27 also: (1) requires a limited license to be displayed at the holder's place of practice; and (2) prohibits a limited license from being placed on inactive status on or after January 31, 2023. Section 32.5 of this bill sets forth the procedure by which a limited license as a dispensing optician that has been transferred to an inactive list on or before January 31, 2023, may be reactivated. Existing law authorizes the Board to take certain actions and impose certain penalties against an applicant for or the holder of a license or an unlicensed person who commits certain violations of the provisions of existing law governing ophthalmic dispensing. (NRS 637.150, 637.181, 637.183, 637.185) Section 10 of this bill authorizes a person to file a complaint with the Board if the person reasonably believes a violation is occurring or about to occur. Section 11 of this bill authorizes the Board to issue or authorize the issuance of an administrative citation against a person who the Board believes, based on a preponderance of the evidence, has committed a violation. Section 12 of the bill sets forth procedures by which a person may contest a citation. Sections 29 and 31 revise and reorganize provisions authorizing the Board to take: (1) certain disciplinary actions against the holder of a license under certain circumstances; and (2) certain actions against a person who commits, or employs a person who commits, certain violations. Section 30 of this bill revises and reorganizes certain provisions relating to subpoenas issued by the Board and certain hearings and investigations conducted by the Board. Existing law sets forth certain unlawful acts relating to ophthalmic dispensing, including filling a prescription for a contact lens in violation of the expiration date or the number of refills specified by the prescription. (NRS 637.200) Sections 32 and 33 of this bill: (1) set forth certain additional unlawful acts relating to ophthalmic dispensing; and (2) reorganize certain provisions defining when a prescription expires. Existing law establishes qualifications for examination and licensing as a dispensing optician. (NRS 637.100) Section 25 of this bill revises the requirements for an applicant to be eligible for a license as a dispensing optician and authorizes the Board to waive certain requirements for a person who provides proof that he or she: (1) is a graduate of a foreign school and has acquired education and experience that is equivalent to or greater than those required for licensure in this State; (2) is an active member of, or the spouse of an active member of, the Armed Forces of the United States who is on active duty; (3) has at least 5 consecutive years of work experience in the practice of ophthalmic dispensing in the District of Columbia or any other state or territory of the United States that has requirements for licensure which are equal to or greater than the requirements in this State; or (4) holds a valid and unrestricted license to engage in ophthalmic dispensing in the District of Columbia or any other state or territory in the United States. Existing law requires the Board to issue a special license as a dispensing optician to certain applicants who meet certain requirements and who: (1) have an active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or (2) have not less than 5 years of experience as a dispensing optician. (NRS 637.127) Section 33 of this bill eliminates that type of license. Existing law requires the Board to maintain records pertaining to applicants to whom licenses have been issued or denied. (NRS 637.115) Section 26 of this bill revises the type of information concerning applicants the Board is required to maintain. Section 26 also requires the Board to maintain certain information concerning holders of a license and disclose certain information concerning applicants for and holders of licenses upon request. Existing law prohibits a person from managing a business engaged in ophthalmic dispensing 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. Section 24 also requires an optical establishment to post a sign notifying the public when a licensed dispensing optician is not physically present in the optical establishment. Existing law authorizes an apprentice dispensing optician to perform the services of a dispensing optician under the direct supervision of a dispensing optician, licensed ophthalmologist or licensed optometrist. (NRS 637.125) Section 7 of this bill prescribes criteria for eligibility for a license as an apprentice dispensing optician. Section 3 of this bill defines the term “direct supervision.” Section 28 of this bill revises the circumstances under which an apprentice dispensing optician may engage in ophthalmic dispensing. Existing law establishes maximum fees relating to licenses issued by the Board, which the Board sets by regulation. (NRS 637.110, 637.120, 637.121, 637.123, 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 those fees. Section 4 of this bill defines “license” to mean a license issued by the Board. Section 13 of this bill makes a conforming change to make the definitions set forth in sections 3-5 applicable to the statutes governing ophthalmic dispensing. Section 14 of this bill revises the definition of “dispensing optician.” Section 15 of this bill revises the definition of “ophthalmic 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; and (2) exclude certain other activities. Section 16 of this bill makes a conforming change to account for the revised definition of ophthalmic dispensing.

Statutes affected:
As Introduced: 637.020, 637.0215, 637.022, 637.025, 637.030, 637.040, 637.045, 637.050, 637.060, 637.070, 637.085, 637.090, 637.100, 637.115, 637.121, 637.125, 637.150, 637.154, 637.181, 637.200
Reprint 1: 637.020, 637.0215, 637.022, 637.025, 637.030, 637.040, 637.045, 637.050, 637.060, 637.070, 637.085, 637.090, 637.100, 637.115, 637.121, 637.125, 637.150, 637.154, 637.181, 637.200
Reprint 2: 637.020, 637.0215, 637.022, 637.025, 637.030, 637.040, 637.045, 637.050, 637.060, 637.070, 637.090, 637.100, 637.115, 637.121, 637.125, 637.150, 637.154, 637.181, 637.200
As Enrolled: 637.020, 637.0215, 637.022, 637.025, 637.030, 637.040, 637.045, 637.050, 637.060, 637.070, 637.090, 637.100, 637.115, 637.121, 637.125, 637.150, 637.154, 637.181, 637.200
BDR: 637.020, 637.0215, 637.022, 637.025, 637.030, 637.040, 637.045, 637.050, 637.060, 637.070, 637.085, 637.090, 637.100, 637.115, 637.121, 637.125, 637.150, 637.154, 637.181, 637.200