Existing law governs the practice of optometry, including, without limitation, the licensing of optometrists by the Nevada State Board of Optometry. (Chapter 636 of NRS) Section 2 of this bill provides that: (1) the purpose of licensing optometrists is to protect the public health and safety and general welfare of the people of this State; and (2) any license issued by the Board is a revocable privilege.
Section 3 of this bill establishes procedures by which the Board may summarily suspend the license of a licensee to practice optometry under certain circumstances.
Section 4 of this bill prohibits a court from staying an order of the Board suspending the license of a licensee pending proceedings for disciplinary action.
Section 5 of this bill revises the definition of the term “pharmaceutical agent” for the purposes of provisions governing the practice of optometry to specify that the term includes certain non-analgesic drugs.
Section 6 of this bill increases the number of members of the Board from four members to five.
Existing law requires the Governor to appoint to the Board: (1) three members who are licensed to practice optometry in this State and are actually engaged in that practice; and (2) one member who is a representative of the general public. (NRS 636.035) Section 7 of this bill increases the number of members who are licensees who the Governor must appoint from three members to four members.
Existing law authorizes the Board to issue a license by endorsement to certain persons who hold a corresponding valid, active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States and who meet certain other requirements. (NRS 636.206) Section 8 of this bill requires an applicant for a license by endorsement to submit to the Board with his or her application proof satisfactory to the Board that the applicant has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor as a prerequisite to the issuance of the applicant's corresponding, valid, active and unrestricted license from the other jurisdiction.
Existing law requires the Board to adopt regulations which prescribe the requirements for certification to administer and prescribe certain pharmaceutical agents and sets forth certain requirements for inclusion in those regulations. (NRS 636.287) Section 9 of this bill eliminates the requirement that an applicant for certification have successfully completed not fewer than 40 hours of clinical training in administering and prescribing pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the Board.
Existing law requires the Board to adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma. Existing law requires those requirements to include, among other requirements, proof that each optometrist who applies for such a certificate has treated at least 15 persons who were diagnosed with glaucoma by an ophthalmologist licensed in this State. (NRS 636.2893) Section 10 of this bill revises that requirement to specify that such persons diagnosed with glaucoma must have been diagnosed by an ophthalmologist licensed in this State, the District of Columbia or any other state or territory of the United States.
Existing law requires the Board to cause any compliant filed with the Board to be investigated if the Executive Director of the Board determines the complaint is not frivolous and alleges on or more grounds for disciplinary action. (NRS 636.305) Section 11 of this bill authorizes the Board to issue orders to aid such an investigation, including, without limitation, an order compelling a licensee to appear before the Board or an investigative committee of the Board.
Existing law provides that a person who is licensed to practice optometry pursuant to chapter 636 of NRS is authorized and entitled to practice optometry in this State subject to the provisions of that chapter. (NRS 636.345) Section 12 of this bill clarifies that the practice of optometry includes optometric telemedicine.
Existing law authorizes an assistant in any setting where optometry is practiced to perform certain activities if the assistant acts under the direct supervision of a licensed optometrist. (NRS 636.346) Section 13 of this bill clarifies that an assistant is authorized to perform those same activities under the direct supervision of a licensed optometrist in any setting where optometric telemedicine is practiced.
Existing law requires a licensee to report to the Board within 30 days the revocation, suspension or surrender of, or any disciplinary action taken against, a license, certificate or registration to practice any occupation or profession issued by any other jurisdiction. (NRS 636.371) Section 14 of this bill provides an exception to this duty, providing that a licensee is not required to report to the Board an administrative fine imposed by a regulatory board or other equivalent administrative body of any other jurisdiction if: (1) the National Practitioner Data Bank contains no corresponding report of the administrative fine; and (2) the regulatory board or other administrative body that imposed the fine did not issue an order of formal disciplinary action relating to the act or acts which served as the basis for the fine.
Existing law authorizes a surviving family member of a licensed optometrist who died and was the sole owner of an optometry practice to own the practice without holding a license to practice optometry in this State for not more than 1 year after the death of the licensed optometrist. (NRS 636.398) Section 15 of this bill authorizes a guardian or guardian ad litem who is appointed for a licensed optometrist who is permanently incapacitated and was the sole owner of an optometry practice to own the practice without holding a license to practice optometry in this State for not more than 1 year after the appointment of guardianship.
Existing law authorizes the Board to issue a citation to a licensee or other person who violates certain provisions of law governing the practice of optometry. (NRS 636.420) Section 16 of this bill authorizes the issuance of a citation only for violations not involving: (1) the care of a patient; or (2) unethical or unprofessional conduct. Section 16 also provides that the issuance of a citation and imposition of an administrative fine against a licensee for certain violations: (1) do not constitute formal disciplinary action by the Board; and (2) must not be reported to the National Practitioner Data Bank.
Statutes affected: As Introduced: 636.0215, 636.030, 636.035, 636.206, 636.287, 636.2893, 636.305, 636.345, 636.346, 636.371, 636.398, 636.420
BDR: 636.0215, 636.030, 636.035, 636.206, 636.287, 636.2893, 636.305, 636.345, 636.346, 636.371, 636.398, 636.420