- 82nd Session (2023)
Senate Bill No. 106–Senators Seevers Gansert;
and D. Harris
CHAPTER..........
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
ophthalmic dispensing. (NRS 637.025) Section 9 of this bill additionally exempts
from such provisions the manufacturing and direct online sale of lenses, frames and
other specially fabricated optical devices upon prescription to an intended wearer
who is located outside this State at the time of purchase, if the manufacturing is
supervised by a licensed dispensing optician. Section 9 requires such supervision to
include a daily review of all optical manufacturing equipment by the licensed
dispensing optician. Section 9 requires a person engaged in such manufacturing
and direct online sale to confirm that lenses shipped to the intended wearer match
the relevant prescription, as submitted by the intended wearer.
Existing law authorizes the imposition of disciplinary action and the issuance of
an injunction against a person who is licensed to engage in the practice of
ophthalmic dispensing or manage a business engaged in ophthalmic dispensing and
violates certain provisions of law governing ophthalmic dispensing. (NRS 637.150,
637.185) Existing law also provides that such a person is guilty of a misdemeanor.
(NRS 637.200) Section 9 provides that such a licensee is subject to disciplinary
action and injunctive relief if the licensee: (1) is engaged in activity which, under
the provisions of section 9, is otherwise exempt from provisions governing
ophthalmic dispensing; and (2) fails to comply with section 9 or, alternatively, with
other provisions governing ophthalmic dispensing.
Existing law prohibits a person from engaging in the practice of ophthalmic
dispensing or managing a business engaged in ophthalmic dispensing without a
license. (NRS 637.090) Existing law provides that a person who violates that
prohibition is guilty of a misdemeanor and subject to an administrative fine and
injunctive relief. (NRS 637.181, 637.185, 637.200) Section 9 provides that an
unlicensed person is subject to such an administrative fine and injunctive relief if
the person: (1) is engaged in activity which, under the provisions of section 9, is
otherwise exempt from provisions governing ophthalmic dispensing; and (2) fails
to comply with section 9. Sections 9 and 10 of this bill provide that a person who
fails to comply with section 9 is not guilty of a misdemeanor, regardless of whether
the person is licensed.
– 2 –
- 82nd Session (2023)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. Chapter 637 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person is
exempt from the provisions of this chapter if the person:
(a) Is engaged in the manufacturing and direct online sale of
lenses, frames and other specially fabricated optical devices upon
prescription to an intended wearer who is located outside this State
at the time of purchase; and
(b) Complies with the requirements of subsection 2.
2. Any person who engages in the activity described in
paragraph (a) of subsection 1 and does not otherwise comply with
the provisions of this chapter shall:
(a) Ensure that the manufacturing of lenses, frames and other
specially fabricated optical devices is supervised by a dispensing
optician licensed pursuant to this chapter. Such supervision must
include, without limitation, a daily review of all optical
manufacturing equipment by the dispensing optician to ensure
that the lenses, frames and other specially fabricated optical
devices being manufactured meet the standards adopted by the
Board pursuant to this chapter; and
(b) Confirm that any lenses shipped to an intended wearer
meet the requirements of the relevant prescription, as submitted by
the intended wearer.
3. A person who engages in the activity described in
paragraph (a) of subsection 1, is licensed pursuant to this chapter
and fails to comply with the requirements of subsection 2 or the
requirements of this chapter:
(a) Is subject to the provisions of 637.150 and 637.185; and
(b) Is not guilty of a misdemeanor.
4. A person who engages in the activity described in
paragraph (a) of subsection 1, is not licensed pursuant to this
chapter and fails to comply with the requirements of subsection 2:
(a) Shall be deemed to be in violation of NRS 637.090 and,
except as otherwise provided in paragraph (b), is subject to all
provisions applicable to a person who violates that section; and
(b) Is not guilty of a misdemeanor.
– 3 –
- 82nd Session (2023)
Sec. 10. NRS 637.200 is hereby amended to read as follows:
637.200 The following acts constitute misdemeanors, unless a
greater penalty is provided pursuant to NRS 200.830 or 200.840:
1. The insertion of a false or misleading statement in any
advertising in connection with the business of ophthalmic
dispensing.
2. Making use of any advertising statement of a character
tending to indicate to the public the superiority of a particular
system or type of eyesight examination or treatment.
3. Furnishing or advertising the furnishing of the services of a
refractionist, optometrist, physician or surgeon.
4. Changing the prescription of a lens without an order from a
person licensed to issue such a prescription.
5. Filling a prescription for a contact lens in violation of the
expiration date or number of refills specified by the prescription.
6. [Violating] Except as otherwise provided in section 9 of
this act, violating any provision of this chapter.
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