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Nevada Senate Bill SB106

Nevada 2023 Regular Session

Nevada Senate Bill SB106 Compare Versions

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11
2-- 82nd Session (2023)
2+ (Reprinted with amendments adopted on May 26, 2023)
3+ THIRD REPRINT S.B. 106
4+
5+- *SB106_R3*
6+
37 SENATE BILL NO. 106–SENATORS SEEVERS GANSERT;
48 AND D. HARRIS
59
6-CHAPTER..........
10+PREFILED FEBRUARY 3, 2023
11+____________
12+
13+Referred to Committee on Commerce and Labor
14+
15+SUMMARY—Revises provisions relating to ophthalmic
16+dispensing. (BDR 54-543)
17+
18+FISCAL NOTE: Effect on Local Government: No.
19+ Effect on the State: Yes.
20+
21+~
22+
23+EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
24+
725
826 AN ACT relating to ophthalmic dispensing; exempting the sale of
9-prescription eyewear to intended wearers outside this State
10-from provisions regulating ophthalmic dispensing under
11-certain circumstances; authorizing the imposition of certain
12-administrative action and injunctive relief for certain
13-violations; and providing other matters properly relating
14-thereto.
27+prescription eyewear to intended wearers outside this
28+State from provisions regulating ophthalmic dispensing
29+under certain circumstances; authorizing the imposition of
30+certain administrative action and injunctive relief for
31+certain violations; and providing other matters properly
32+relating thereto.
1533 Legislative Counsel’s Digest:
16- Existing law exempts certain activity from provisions of law governing
17-ophthalmic dispensing. (NRS 637.025) Section 9 of this bill additionally exempts
18-from such provisions the manufacturing and direct online sale of lenses, frames and
19-other specially fabricated optical devices upon prescription to an intended wearer
20-who is located outside this State at the time of purchase, if the manufacturing is
21-supervised by a licensed dispensing optician. Section 9 requires such supervision to
22-include a daily review of all optical manufacturing equipment by the licensed
23-dispensing optician. Section 9 requires a person engaged in such manufacturing
24-and direct online sale to confirm that lenses shipped to the intended wearer match
25-the relevant prescription, as submitted by the intended wearer.
26- Existing law authorizes the imposition of disciplinary action and the issuance of
27-an injunction against a person who is licensed to engage in the practice of
28-ophthalmic dispensing or manage a business engaged in ophthalmic dispensing and
29-violates certain provisions of law governing ophthalmic dispensing. (NRS 637.150,
30-637.185) Existing law also provides that such a person is guilty of a misdemeanor.
31-(NRS 637.200) Section 9 provides that such a licensee is subject to disciplinary
32-action and injunctive relief if the licensee: (1) is engaged in activity which, under
33-the provisions of section 9, is otherwise exempt from provisions governing
34-ophthalmic dispensing; and (2) fails to comply with section 9 or, alternatively, with
35-other provisions governing ophthalmic dispensing.
36- Existing law prohibits a person from engaging in the practice of ophthalmic
37-dispensing or managing a business engaged in ophthalmic dispensing without a
38-license. (NRS 637.090) Existing law provides that a person who violates that
39-prohibition is guilty of a misdemeanor and subject to an administrative fine and
40-injunctive relief. (NRS 637.181, 637.185, 637.200) Section 9 provides that an
41-unlicensed person is subject to such an administrative fine and injunctive relief if
42-the person: (1) is engaged in activity which, under the provisions of section 9, is
43-otherwise exempt from provisions governing ophthalmic dispensing; and (2) fails
44-to comply with section 9. Sections 9 and 10 of this bill provide that a person who
45-fails to comply with section 9 is not guilty of a misdemeanor, regardless of whether
46-the person is licensed.
47-
48-
49-
50-
51-
52-
53-
54-
34+ Existing law exempts certain activity from provisions of law governing 1
35+ophthalmic dispensing. (NRS 637.025) Section 9 of this bill additionally exempts 2
36+from such provisions the manufacturing and direct online sale of lenses, frames and 3
37+other specially fabricated optical devices upon prescription to an intended wearer 4
38+who is located outside this State at the time of purchase, if the manufacturing is 5
39+supervised by a licensed dispensing optician. Section 9 requires such supervision to 6
40+include a daily review of all optical manufacturing equipment by the licensed 7
41+dispensing optician. Section 9 requires a person engaged in such manufacturing 8
42+and direct online sale to confirm that lenses shipped to the intended wearer match 9
43+the relevant prescription, as submitted by the intended wearer. 10
44+ Existing law authorizes the imposition of disciplinary action and the issuance of 11
45+an injunction against a person who is licensed to engage in the practice of 12
46+ophthalmic dispensing or manage a business engaged in ophthalmic dispensing and 13
47+violates certain provisions of law governing ophthalmic dispensing. (NRS 637.150, 14
48+637.185) Existing law also provides that such a person is guilty of a misdemeanor. 15
49+(NRS 637.200) Section 9 provides that such a licensee is subject to disciplinary 16
50+action and injunctive relief if the licensee: (1) is engaged in activity which, under 17
51+the provisions of section 9, is otherwise exempt from provisions governing 18
52+ophthalmic dispensing; and (2) fails to comply with section 9 or, alternatively, with 19
53+other provisions governing ophthalmic dispensing. 20
5554 – 2 –
5655
5756
58-- 82nd Session (2023)
59-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
57+- *SB106_R3*
58+ Existing law prohibits a person from engaging in the practice of ophthalmic 21
59+dispensing or managing a business engaged in ophthalmic dispensing without a 22
60+license. (NRS 637.090) Existing law provides that a person who violates that 23
61+prohibition is guilty of a misdemeanor and subject to an administrative fine and 24
62+injunctive relief. (NRS 637.181, 637.185, 637.200) Section 9 provides that an 25
63+unlicensed person is subject to such an administrative fine and injunctive relief if 26
64+the person: (1) is engaged in activity which, under the provisions of section 9, is 27
65+otherwise exempt from provisions governing ophthalmic dispensing; and (2) fails 28
66+to comply with section 9. Sections 9 and 10 of this bill provide that a person who 29
67+fails to comply with section 9 is not guilty of a misdemeanor, regardless of whether 30
68+the person is licensed. 31
6069
6170
6271 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
6372 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
6473
65- Sections 1-8. (Deleted by amendment.)
66- Sec. 9. Chapter 637 of NRS is hereby amended by adding
67-thereto a new section to read as follows:
68- 1. Except as otherwise provided in this section, a person is
69-exempt from the provisions of this chapter if the person:
70- (a) Is engaged in the manufacturing and direct online sale of
71-lenses, frames and other specially fabricated optical devices upon
72-prescription to an intended wearer who is located outside this State
73-at the time of purchase; and
74- (b) Complies with the requirements of subsection 2.
75- 2. Any person who engages in the activity described in
76-paragraph (a) of subsection 1 and does not otherwise comply with
77-the provisions of this chapter shall:
78- (a) Ensure that the manufacturing of lenses, frames and other
79-specially fabricated optical devices is supervised by a dispensing
80-optician licensed pursuant to this chapter. Such supervision must
81-include, without limitation, a daily review of all optical
82-manufacturing equipment by the dispensing optician to ensure
83-that the lenses, frames and other specially fabricated optical
84-devices being manufactured meet the standards adopted by the
85-Board pursuant to this chapter; and
86- (b) Confirm that any lenses shipped to an intended wearer
87-meet the requirements of the relevant prescription, as submitted by
88-the intended wearer.
89- 3. A person who engages in the activity described in
90-paragraph (a) of subsection 1, is licensed pursuant to this chapter
91-and fails to comply with the requirements of subsection 2 or the
92-requirements of this chapter:
93- (a) Is subject to the provisions of 637.150 and 637.185; and
94- (b) Is not guilty of a misdemeanor.
95- 4. A person who engages in the activity described in
96-paragraph (a) of subsection 1, is not licensed pursuant to this
97-chapter and fails to comply with the requirements of subsection 2:
98- (a) Shall be deemed to be in violation of NRS 637.090 and,
99-except as otherwise provided in paragraph (b), is subject to all
100-provisions applicable to a person who violates that section; and
101- (b) Is not guilty of a misdemeanor.
74+ Section 1. (Deleted by amendment.) 1
75+ Sec. 2. (Deleted by amendment.) 2
76+ Sec. 3. (Deleted by amendment.) 3
77+ Sec. 4. (Deleted by amendment.) 4
78+ Sec. 5. (Deleted by amendment.) 5
79+ Sec. 6. (Deleted by amendment.) 6
80+ Sec. 7. (Deleted by amendment.) 7
81+ Sec. 8. (Deleted by amendment.) 8
82+ Sec. 9. Chapter 637 of NRS is hereby amended by adding 9
83+thereto a new section to read as follows: 10
84+ 1. Except as otherwise provided in this section, a person is 11
85+exempt from the provisions of this chapter if the person: 12
86+ (a) Is engaged in the manufacturing and direct online sale of 13
87+lenses, frames and other specially fabricated optical devices upon 14
88+prescription to an intended wearer who is located outside this State 15
89+at the time of purchase; and 16
90+ (b) Complies with the requirements of subsection 2. 17
91+ 2. Any person who engages in the activity described in 18
92+paragraph (a) of subsection 1 and does not otherwise comply with 19
93+the provisions of this chapter shall: 20
94+ (a) Ensure that the manufacturing of lenses, frames and other 21
95+specially fabricated optical devices is supervised by a dispensing 22
96+optician licensed pursuant to this chapter. Such supervision must 23
97+include, without limitation, a daily review of all optical 24
98+manufacturing equipment by the dispensing optician to ensure 25
99+that the lenses, frames and other specially fabricated optical 26
100+devices being manufactured meet the standards adopted by the 27
101+Board pursuant to this chapter; and 28
102+ (b) Confirm that any lenses shipped to an intended wearer 29
103+meet the requirements of the relevant prescription, as submitted by 30
104+the intended wearer. 31
102105 – 3 –
103106
104107
105-- 82nd Session (2023)
106- Sec. 10. NRS 637.200 is hereby amended to read as follows:
107- 637.200 The following acts constitute misdemeanors, unless a
108-greater penalty is provided pursuant to NRS 200.830 or 200.840:
109- 1. The insertion of a false or misleading statement in any
110-advertising in connection with the business of ophthalmic
111-dispensing.
112- 2. Making use of any advertising statement of a character
113-tending to indicate to the public the superiority of a particular
114-system or type of eyesight examination or treatment.
115- 3. Furnishing or advertising the furnishing of the services of a
116-refractionist, optometrist, physician or surgeon.
117- 4. Changing the prescription of a lens without an order from a
118-person licensed to issue such a prescription.
119- 5. Filling a prescription for a contact lens in violation of the
120-expiration date or number of refills specified by the prescription.
121- 6. [Violating] Except as otherwise provided in section 9 of
122-this act, violating any provision of this chapter.
108+- *SB106_R3*
109+ 3. A person who engages in the activity described in 1
110+paragraph (a) of subsection 1, is licensed pursuant to this chapter 2
111+and fails to comply with the requirements of subsection 2 or the 3
112+requirements of this chapter: 4
113+ (a) Is subject to the provisions of 637.150 and 637.185; and 5
114+ (b) Is not guilty of a misdemeanor. 6
115+ 4. A person who engages in the activity described in 7
116+paragraph (a) of subsection 1, is not licensed pursuant to this 8
117+chapter and fails to comply with the requirements of subsection 2: 9
118+ (a) Shall be deemed to be in violation of NRS 637.090 and, 10
119+except as otherwise provided in paragraph (b), is subject to all 11
120+provisions applicable to a person who violates that section; and 12
121+ (b) Is not guilty of a misdemeanor. 13
122+ Sec. 10. NRS 637.200 is hereby amended to read as follows: 14
123+ 637.200 The following acts constitute misdemeanors, unless a 15
124+greater penalty is provided pursuant to NRS 200.830 or 200.840: 16
125+ 1. The insertion of a false or misleading statement in any 17
126+advertising in connection with the business of ophthalmic 18
127+dispensing. 19
128+ 2. Making use of any advertising statement of a character 20
129+tending to indicate to the public the superiority of a particular 21
130+system or type of eyesight examination or treatment. 22
131+ 3. Furnishing or advertising the furnishing of the services of a 23
132+refractionist, optometrist, physician or surgeon. 24
133+ 4. Changing the prescription of a lens without an order from a 25
134+person licensed to issue such a prescription. 26
135+ 5. Filling a prescription for a contact lens in violation of the 27
136+expiration date or number of refills specified by the prescription. 28
137+ 6. [Violating] Except as otherwise provided in section 9 of 29
138+this act, violating any provision of this chapter. 30
123139
124-20 ~~~~~ 23
140+H
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