(Reprinted with amendments adopted on May 26, 2023)
THIRD REPRINT S.B. 106
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SENATE BILL NO. 106–SENATORS SEEVERS GANSERT;
AND D. HARRIS
PREFILED FEBRUARY 3, 2023
____________
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
under certain circumstances; authorizing the imposition of
certain administrative action and injunctive relief for
certain violations; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law exempts certain activity from provisions of law governing 1
ophthalmic dispensing. (NRS 637.025) Section 9 of this bill additionally exempts 2
from such provisions the manufacturing and direct online sale of lenses, frames and 3
other specially fabricated optical devices upon prescription to an intended wearer 4
who is located outside this State at the time of purchase, if the manufacturing is 5
supervised by a licensed dispensing optician. Section 9 requires such supervision to 6
include a daily review of all optical manufacturing equipment by the licensed 7
dispensing optician. Section 9 requires a person engaged in such manufacturing 8
and direct online sale to confirm that lenses shipped to the intended wearer match 9
the relevant prescription, as submitted by the intended wearer. 10
Existing law authorizes the imposition of disciplinary action and the issuance of 11
an injunction against a person who is licensed to engage in the practice of 12
ophthalmic dispensing or manage a business engaged in ophthalmic dispensing and 13
violates certain provisions of law governing ophthalmic dispensing. (NRS 637.150, 14
637.185) Existing law also provides that such a person is guilty of a misdemeanor. 15
(NRS 637.200) Section 9 provides that such a licensee is subject to disciplinary 16
action and injunctive relief if the licensee: (1) is engaged in activity which, under 17
the provisions of section 9, is otherwise exempt from provisions governing 18
ophthalmic dispensing; and (2) fails to comply with section 9 or, alternatively, with 19
other provisions governing ophthalmic dispensing. 20
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Existing law prohibits a person from engaging in the practice of ophthalmic 21
dispensing or managing a business engaged in ophthalmic dispensing without a 22
license. (NRS 637.090) Existing law provides that a person who violates that 23
prohibition is guilty of a misdemeanor and subject to an administrative fine and 24
injunctive relief. (NRS 637.181, 637.185, 637.200) Section 9 provides that an 25
unlicensed person is subject to such an administrative fine and injunctive relief if 26
the person: (1) is engaged in activity which, under the provisions of section 9, is 27
otherwise exempt from provisions governing ophthalmic dispensing; and (2) fails 28
to comply with section 9. Sections 9 and 10 of this bill provide that a person who 29
fails to comply with section 9 is not guilty of a misdemeanor, regardless of whether 30
the person is licensed. 31
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
Sec. 6. (Deleted by amendment.) 6
Sec. 7. (Deleted by amendment.) 7
Sec. 8. (Deleted by amendment.) 8
Sec. 9. Chapter 637 of NRS is hereby amended by adding 9
thereto a new section to read as follows: 10
1. Except as otherwise provided in this section, a person is 11
exempt from the provisions of this chapter if the person: 12
(a) Is engaged in the manufacturing and direct online sale of 13
lenses, frames and other specially fabricated optical devices upon 14
prescription to an intended wearer who is located outside this State 15
at the time of purchase; and 16
(b) Complies with the requirements of subsection 2. 17
2. Any person who engages in the activity described in 18
paragraph (a) of subsection 1 and does not otherwise comply with 19
the provisions of this chapter shall: 20
(a) Ensure that the manufacturing of lenses, frames and other 21
specially fabricated optical devices is supervised by a dispensing 22
optician licensed pursuant to this chapter. Such supervision must 23
include, without limitation, a daily review of all optical 24
manufacturing equipment by the dispensing optician to ensure 25
that the lenses, frames and other specially fabricated optical 26
devices being manufactured meet the standards adopted by the 27
Board pursuant to this chapter; and 28
(b) Confirm that any lenses shipped to an intended wearer 29
meet the requirements of the relevant prescription, as submitted by 30
the intended wearer. 31
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3. A person who engages in the activity described in 1
paragraph (a) of subsection 1, is licensed pursuant to this chapter 2
and fails to comply with the requirements of subsection 2 or the 3
requirements of this chapter: 4
(a) Is subject to the provisions of 637.150 and 637.185; and 5
(b) Is not guilty of a misdemeanor. 6
4. A person who engages in the activity described in 7
paragraph (a) of subsection 1, is not licensed pursuant to this 8
chapter and fails to comply with the requirements of subsection 2: 9
(a) Shall be deemed to be in violation of NRS 637.090 and, 10
except as otherwise provided in paragraph (b), is subject to all 11
provisions applicable to a person who violates that section; and 12
(b) Is not guilty of a misdemeanor. 13
Sec. 10. NRS 637.200 is hereby amended to read as follows: 14
637.200 The following acts constitute misdemeanors, unless a 15
greater penalty is provided pursuant to NRS 200.830 or 200.840: 16
1. The insertion of a false or misleading statement in any 17
advertising in connection with the business of ophthalmic 18
dispensing. 19
2. Making use of any advertising statement of a character 20
tending to indicate to the public the superiority of a particular 21
system or type of eyesight examination or treatment. 22
3. Furnishing or advertising the furnishing of the services of a 23
refractionist, optometrist, physician or surgeon. 24
4. Changing the prescription of a lens without an order from a 25
person licensed to issue such a prescription. 26
5. Filling a prescription for a contact lens in violation of the 27
expiration date or number of refills specified by the prescription. 28
6. [Violating] Except as otherwise provided in section 9 of 29
this act, violating any provision of this chapter. 30
H