(Reprinted with amendments adopted on April 20, 2023)
FIRST REPRINT S.B. 106
- *SB106_R1*
SENATE BILL NO. 106–SENATORS SEEVERS GANSERT;
AND D. HARRIS
PREFILED FEBRUARY 3, 2023
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to ophthalmic
dispensing. (BDR 54-543)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to ophthalmic dispensing; exempting the sale of
prescription eyewear to intended wearers outside this
State from provisions regulating ophthalmic dispensing;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a person to hold a license as a dispensing optician issued 1
by the Board of Dispensing Opticians in order to engage in the practice of 2
ophthalmic dispensing in this State. (NRS 637.090) Existing law defines 3
“ophthalmic dispensing” as the design, verification and delivery to the intended 4
wearer of lenses, frames and other specially fabricated optical devices upon 5
prescription. (NRS 637.022) 6
Existing law exempts certain activity from provisions of law governing 7
ophthalmic dispensing. (NRS 637.025) Section 6 of this bill additionally exempts 8
from such provisions the sale of prescription eyewear to an intended wearer located 9
outside this State or any design, manufacturing or other activity in conjunction with 10
such a sale. 11
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
Sec. 3. (Deleted by amendment.) 3
Sec. 4. (Deleted by amendment.) 4
Sec. 5. (Deleted by amendment.) 5
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- *SB106_R1*
Sec. 6. NRS 637.025 is hereby amended to read as follows: 1
637.025 The provisions of this chapter do not apply to: 2
1. Ophthalmic dispensing personally by a licensed physician, 3
surgeon or optometrist unless exclusively engaged in the business of 4
filling prescriptions. 5
2. Ophthalmic dispensing by an employee of a licensed 6
physician, surgeon or optometrist if the employee practices 7
ophthalmic dispensing only under the direct supervision of the 8
licensed physician, surgeon or optometrist and only as an assistant 9
to the licensed physician, surgeon or optometrist. 10
3. A licensed pharmacist dispensing prepackaged contact 11
lenses pursuant to the provisions of NRS 639.2825. 12
4. The sale of goggles, sunglasses, colored glasses or 13
occupational protective eye devices not having a refractive value, or 14
the sale as merchandise of complete ready-to-wear eyeglasses. 15
5. The sale of prescription eyewear to an intended wearer 16
located outside this State or any design, manufacturing or other 17
activity in conjunction with such a sale. 18
Sec. 7. (Deleted by amendment.) 19
Sec. 8. (Deleted by amendment.) 20
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