A.B. 183
- *AB183*
ASSEMBLY BILL NO. 183–ASSEMBLYMEMBER KOENIG
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to optometry.
(BDR 54-151)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to optometry; providing that a license to practice
optometry issued by the Nevada State Board of
Optometry is a revocable privilege; establishing
procedures by which the Board may summarily suspend a
license to practice optometry; prohibiting a court from
staying certain orders of the Board; specifying the
substances which may be prescribed by an optometrist
who holds a certificate to administer and prescribe
pharmaceutical agents; increasing the number of members
which constitute the Board; revising the requirements for
the issuance of a license by endorsement; revising
provisions governing the issuance of certain certificates
by the Board; revising provisions relating to
investigations conducted by the Board; clarifying that the
practice of optometry includes optometric telemedicine;
establishing certain circumstances under which a licensee
is not required to report certain events to the Board;
establishing certain provisions governing the temporary
ownership of an optometry practice of a licensee who is
permanently incapacitated; revising provisions governing
the issuance of citations; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law governs the practice of optometry, including, without limitation, 1
the licensing of optometrists by the Nevada State Board of Optometry. (Chapter 2
636 of NRS) Section 2 of this bill provides that: (1) the purpose of licensing 3
– 2 –
- *AB183*
optometrists is to protect the public health and safety and general welfare of the 4
people of this State; and (2) any license issued by the Board is a revocable 5
privilege. 6
Section 3 of this bill establishes procedures by which the Board may 7
summarily suspend the license of a licensee to practice optometry under certain 8
circumstances. 9
Section 4 of this bill prohibits a court from staying an order of the Board 10
suspending the license of a licensee pending proceedings for disciplinary action. 11
Section 5 of this bill revises the definition of the term “pharmaceutical agent” 12
for the purposes of provisions governing the practice of optometry to specify that 13
the term includes certain non-analgesic drugs. 14
Section 6 of this bill increases the number of members of the Board from four 15
members to five. 16
Existing law requires the Governor to appoint to the Board: (1) three members 17
who are licensed to practice optometry in this State and are actually engaged in that 18
practice; and (2) one member who is a representative of the general public. (NRS 19
636.035) Section 7 of this bill increases the number of members who are licensees 20
who the Governor must appoint from three members to four members. 21
Existing law authorizes the Board to issue a license by endorsement to certain 22
persons who hold a corresponding valid, active and unrestricted license to engage 23
in the practice of optometry in the District of Columbia or any state or territory of 24
the United States and who meet certain other requirements. (NRS 636.206) Section 25
8 of this bill requires an applicant for a license by endorsement to submit to the 26
Board with his or her application proof satisfactory to the Board that the applicant 27
has passed each part of the comprehensive national optometry examination 28
administered by the National Board of Examiners in Optometry or its successor as a 29
prerequisite to the issuance of the applicant’s corresponding, valid, active and 30
unrestricted license from the other jurisdiction. 31
Existing law requires the Board to adopt regulations which prescribe the 32
requirements for certification to administer and prescribe certain pharmaceutical 33
agents and sets forth certain requirements for inclusion in those regulations. (NRS 34
636.287) Section 9 of this bill eliminates the requirement that an applicant for 35
certification have successfully completed not fewer than 40 hours of clinical 36
training in administering and prescribing pharmaceutical agents in a training 37
program which is conducted by an ophthalmologist and approved by the Board. 38
Existing law requires the Board to adopt regulations that prescribe the 39
requirements for the issuance of a certificate to treat persons diagnosed with 40
glaucoma. Existing law requires those requirements to include, among other 41
requirements, proof that each optometrist who applies for such a certificate has 42
treated at least 15 persons who were diagnosed with glaucoma by an 43
ophthalmologist licensed in this State. (NRS 636.2893) Section 10 of this bill 44
revises that requirement to specify that such persons diagnosed with glaucoma must 45
have been diagnosed by an ophthalmologist licensed in this State, the District of 46
Columbia or any other state or territory of the United States. 47
Existing law requires the Board to cause any compliant filed with the Board to 48
be investigated if the Executive Director of the Board determines the complaint is 49
not frivolous and alleges on or more grounds for disciplinary action. (NRS 50
636.305) Section 11 of this bill authorizes the Board to issue orders to aid such an 51
investigation, including, without limitation, an order compelling a licensee to 52
appear before the Board or an investigative committee of the Board. 53
Existing law provides that a person who is licensed to practice optometry 54
pursuant to chapter 636 of NRS is authorized and entitled to practice optometry in 55
this State subject to the provisions of that chapter. (NRS 636.345) Section 12 of 56
this bill clarifies that the practice of optometry includes optometric telemedicine. 57
– 3 –
- *AB183*
Existing law authorizes an assistant in any setting where optometry is practiced 58
to perform certain activities if the assistant acts under the direct supervision of a 59
licensed optometrist. (NRS 636.346) Section 13 of this bill clarifies that an 60
assistant is authorized to perform those same activities under the direct supervision 61
of a licensed optometrist in any setting where optometric telemedicine is practiced. 62
Existing law requires a licensee to report to the Board within 30 days the 63
revocation, suspension or surrender of, or any disciplinary action taken against, a 64
license, certificate or registration to practice any occupation or profession issued by 65
any other jurisdiction. (NRS 636.371) Section 14 of this bill provides an exception 66
to this duty, providing that a licensee is not required to report to the Board an 67
administrative fine imposed by a regulatory board or other equivalent 68
administrative body of any other jurisdiction if: (1) the National Practitioner Data 69
Bank contains no corresponding report of the administrative fine; and (2) the 70
regulatory board or other administrative body that imposed the fine did not issue an 71
order of formal disciplinary action relating to the act or acts which served as the 72
basis for the fine. 73
Existing law authorizes a surviving family member of a licensed optometrist 74
who died and was the sole owner of an optometry practice to own the practice 75
without holding a license to practice optometry in this State for not more than 1 76
year after the death of the licensed optometrist. (NRS 636.398) Section 15 of this 77
bill authorizes a guardian or guardian ad litem who is appointed for a licensed 78
optometrist who is permanently incapacitated and was the sole owner of an 79
optometry practice to own the practice without holding a license to practice 80
optometry in this State for not more than 1 year after the appointment of 81
guardianship. 82
Existing law authorizes the Board to issue a citation to a licensee or other 83
person who violates certain provisions of law governing the practice of optometry. 84
(NRS 636.420) Section 16 of this bill authorizes the issuance of a citation only for 85
violations not involving: (1) the care of a patient; or (2) unethical or unprofessional 86
conduct. Section 16 also provides that the issuance of a citation and imposition of 87
an administrative fine against a licensee for certain violations: (1) do not constitute 88
formal disciplinary action by the Board; and (2) must not be reported to the 89
National Practitioner Data Bank. 90
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 636 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. The purpose of licensing optometrists is to protect 3
the public health and safety and the general welfare of the people 4
of this State. 5
2. Any license issued pursuant to this chapter is a revocable 6
privilege. 7
Sec. 3. 1. If the Board reasonably determines from an 8
investigation of a licensee that the health, safety or welfare of the 9
public or any patient served by the licensee is at risk of imminent 10
or continued harm because of the manner in which the licensee 11
practices optometry, including, without limitation, optometric 12
telemedicine, the Board may summarily suspend the license of the 13
– 4 –
- *AB183*
licensee pending a determination upon the conclusion of a 1
hearing to consider a formal complaint against the licensee. An 2
order of summary suspension may be issued only by the Board, the 3
President of the Board, the presiding officer of an investigative 4
committee convened by the Board to conduct the investigation or 5
the member of the Board who conducted the investigation. 6
2. If an order to summarily suspend the license of a licensee 7
is issued pursuant to subsection 1 by the President of the Board, 8
the presiding officer of an investigative committee of the Board or 9
a member of the Board, that person shall not participate in any 10
further proceedings of the Board relating to the order. 11
3. If the Board, the President of the Board, the presiding 12
officer of an investigative committee of the Board or a member of 13
the Board issues an order summarily suspending the license of a 14
licensee, the Board shall hold a hearing not later than 60 days 15
after the date on which the order is issued, unless the Board and 16
the licensee mutually agree to a longer period, to determine 17
whether a reasonable basis exists to continue the suspension of the 18
license pending the conclusion of a hearing to consider a formal 19
complaint against the licensee. If no formal complaint against the 20
licensee is pending before the Board on the date on which a 21
hearing is held pursuant to this section, the Board must reinstate 22
the license of the licensee. 23
Sec. 4. If the Board issues an order suspending the license of 24
a licensee pending proceedings for disciplinary action, including, 25
without limitation, a summary suspension pursuant to NRS 26
233B.127, the court shall not stay that order. 27
Sec. 5. NRS 636.0215 is hereby amended to read as follows: 28
636.0215 “Pharmaceutical agent” means any topical or oral 29
drug used or prescribed by a licensee for the examination, 30
management or treatment of an abnormality, disease or condition of 31
the eye or its appendages, including, without limitation, any 32
analgesic or non-analgesic drug subject to the requirements of NRS 33
636.2882 or added to schedule III, schedule IV or schedule V by the 34
State Board of Pharmacy by regulation pursuant to NRS 453.146. 35
The term does not include any drug or other substance added to 36
schedule I or schedule II by the State Board of Pharmacy pursuant 37
to that section. 38
Sec. 6. NRS 636.030 is hereby amended to read as follows: 39
636.030 The Nevada State Board of Optometry, consisting of 40
[four] five members appointed by the Governor, is hereby created. 41
Sec. 7. NRS 636.035 is hereby amended to read as follows: 42
636.035 1. The Governor shall appoint: 43
– 5 –
- *AB183*
(a) [Three] Four members who are licensed to practice 1
optometry in the State of Nevada and are actually engaged in the 2
practice of optometry. 3
(b) One member who is a representative of the general public. 4
This member must not be: 5
(1) Licensed to practice optometry; or 6
(2) The spouse or the parent or child, by blood, marriage or 7
adoption, of a person licensed to practice optometry. 8
2. A person shall not be appointed if he or she: 9
(a) Is the owner or co-owner of, a stockholder in, or a member 10
of the faculty or board of directors or trustees of, any school of 11
optometry; 12
(b) Is financially interested, directly or indirectly, in the 13
manufacture or wholesaling of optical supplies; or 14
(c) Has been convicted of a felony or a gross misdemeanor 15
involving moral turpitude. 16
Sec. 8. NRS 636.206 is hereby amended to read as follows: 17
636.206 1. The Board may issue a license by endorsement to 18
engage in the practice of optometry to an applicant who meets the 19
requirements set forth in this section. An applicant may submit to 20
the Board an application for such a license if the applicant holds a 21
corresponding valid, active and unrestricted license to engage in the 22
practice of optometry in the District of Columbia or any state or 23
territory of the United States. 24
2. An applicant for a license by endorsement pursuant to this 25
section must submit to the Board with his or her application: 26
(a) Proof satisfactory to the Board that the applicant: 27
(1) Satisfies the requirements of subsection 1; 28
(2) Has passed each part of the comprehensive national 29
optometry examination administered by the National Board of 30
Examiners in Optometry or its successor as a prerequisite to the 31
issuance of the corresponding valid, active and unrestricted 32
license described in subsection 1; 33
(3) Has had no adverse actions reported to the National 34
Practitioner Data Bank within the past 5 years; 35
[(3)] (4) Has been continuously and actively engaged in the 36
practice of optometry for the past 5 years; 37
[(4)] (5) Has not held a license to practice optometry in this 38
State in the immediately preceding year; 39
[(5)] (6) Has not been disciplined and is not currently under 40
investigation by the corresponding regulatory authority of the 41
District of Columbia or any state or territory in which the applicant 42
currently holds or has held a license to engage in the practice of 43
optometry; and 44
– 6 –
- *AB183*
[(6)] (7) Has not been held civilly or criminally liable for 1
malpractice in the District of Columbia or any state or territory of 2
the United States; 3
(b) An affidavit stating that the information contained in the 4
application and any accompanying material is true and correct; and 5
(c) Any other information required by the Board. 6
3. Not later than 15 business days after receiving an application 7
for a license by endorsement to engage in the practice of optometry 8
pursuant to this section, the Board shall provide written notice to the 9
applicant of any additional information required by the Board to 10
consider the application. Unless the Board denies the application for 11
good cause, the Board shall approve the application and issue a 12
license by endorsement to engage in the practice of optometry to the 13
applicant not later than 45 days after receiving the application. 14
4. A license by endorsement to engage in the practice of 15
optometry may be issued at a meeting of the Board or between its 16
meetings by the President of the Board. Such an action shall be 17
deemed to be an action of the Board. 18
Sec. 9. NRS 636.287 is hereby amended to read as follows: 19
636.287 The Board shall adopt regulations which prescribe the 20
requirements for certification to administer and prescribe 21
pharmaceutical agents pursuant to NRS 636.288. The requirements 22
must include: 23
1. A license to practice optometry in this State; and 24
2. The successful completion of the “Treatment and 25
Management of Ocular Disease Examination” administered by the 26
National Board of Examiners in Optometry or an equivalent 27
examination approved by the Board . [; and 28
3. The successful completion of not fewer than 40 hours of 29
clinical training in administering and prescribing pharmaceutical 30
agents in a training program which is conducted by an 31
ophthalmologist and approved by the Board.] 32
Sec. 10. NRS 636.2893 is hereby amended to read as follows: 33
636.2893 The Board shall adopt regulations that prescribe the 34
requirements for the issuance of a certificate to treat persons 35
diagnosed with glaucoma pursuant to NRS 636.2895. The 36
requirements must include, without limitation: 37
1. A license to practice optometry in this State; 38
2. The successful completion of the “Treatment and 39
Management of Ocular Disease Examination” administered by the 40
National Board of Examiners in Optometry or an equivalent 41
examination approved by the Board; 42
3. Proof that each optometrist who applies for a certificate has 43
treated at least 15 persons who were: 44
– 7 –
- *AB183*
(a) Diagnosed with glaucoma by an ophthalmologist licensed in 1
this State [;] , the District of Columbia or any other state or 2
territory of the United States; and 3
(b) Treated by the optometrist, in consultation with that 4
ophthalmologist, for at least 12 consecutive months; and 5
4. A certificate to administer and prescribe pharmaceutical 6
agents issued pursuant to NRS 636.288. 7
Sec. 11. NRS 636.305 is hereby amended to read as follows: 8
636.305 1. A complaint may be made against a licensee by: 9
(a) An employee or contractor of the Board; or 10
(b) Any licensee or other person, 11
alleging one or more grounds for disciplinary action set forth in 12
NRS 636.295. 13
2. As soon as practicable after a complaint is filed with the 14
Board, the Executive Director or his or her designee shall review the 15
complaint. If the Executive Director determines that the complaint is 16
not frivolous and alleges one or more of the grounds for disciplinary 17
action set forth in NRS 636.295, the Board, through the Executive 18
Director, shall cause the complaint to be investigated. 19
3. The Board may issue orders to aid an investigation 20
conducted pursuant to subsection 2, including, without limitation, 21
an order compelling a licensee to appear before the Board or an 22
investigative committee of the Board. 23
4. The Board shall retain each complaint received pursuant to 24
this section for not less than 10 years, including, without limitation, 25
any complaint which is not acted upon. 26
Sec. 12. NRS 636.345 is hereby amended to read as follows: 27
636.345 A licensee shall be authorized and entitled to practice 28
optometry , including, without limitation, optometric telemedicine, 29
in this State subject to the provisions of this chapter. 30
Sec. 13. NRS 636.346 is hereby amended to read as follows: 31
636.346 1. In any setting where optometry , including, 32
without limitation, optometric telemedicine, is practiced, an 33
assistant may fit ophthalmic lenses or spectacle lenses if the 34
assistant acts under the direct supervision of a licensed optometrist. 35
2. In addition to the provisions of subsection 1, an assistant in 36
any setting where optometry , including, without limitation, 37
optometric telemedicine, is practiced may perform any of the 38
following activities under the direct supervision of a licensed 39
optometrist: 40
(a) Prepare a patient for examination. 41
(b) Collect preliminary data concerning a patient, including 42
taking the medical history of the patient. 43
(c) Perform simple and noninvasive testing of a patient in 44
preparation for any subjective refraction, testing, evaluation, 45
– 8 –
- *AB183*
interpretation, diagnosis or treatment of the patient by the licensed 1
optometrist. 2
(d) For an ophthalmic purpose, administer any cycloplegic or 3
mydriatic agent or topical anesthetic that is not a controlled 4
substance. 5
(e) Use an ophthalmic device or oversee ocular exercises, visual 6
training, visual therapy or visual rehabilitation as directed by a 7
licensed optometrist. 8
3. If an assistant conducts any activities pursuant to subsection 9
2, the licensed optometrist must conduct the final eye examination 10
of the patient. 11
4. As used in this section, “assistant” means a person employed 12
by an optometrist or any medical provider or medical facility at 13
which the optometrist provides or offers to provide his or her 14
services as an optometrist. 15
Sec. 14. NRS 636.371 is hereby amended to read as follows: 16
636.371 [A] 1. Except as otherwise provided in subsection 17
2, a licensee shall report to the Board within 30 days the revocation, 18
suspension or surrender of, or any other disciplinary action taken 19
against, a license, certificate or registration to practice any 20
occupation or profession issued to the licensee by another state or 21
territory of the United States, the District of Columbia or a foreign 22
country. 23
2. A licensee is not required to report to the Board an 24
administrative fine imposed against the licensee by a regulatory 25
board or other equivalent administrative body of another state or 26
territory of the United States, the District of Columbia or a foreign 27
country if: 28
(a) The National Practitioner Data Bank contains no 29
corresponding report of the administrative fine; and 30
(b) The regulatory board or administrative body that imposed 31
the administrative fine did not issue an order of formal 32
disciplinary action relating to the act or acts which served as the 33
basis for the fine. 34
Sec. 15. NRS 636.398 is hereby amended to read as follows: 35
636.398 1. For not more than 1 year after the death of a 36
licensee who is the sole owner of an optometry practice, a surviving 37
member of the licensee’s family may own the optometry practice 38
without being licensed pursuant to this chapter. Not later than 1 year 39
after the death of the licensee, the surviving member of the 40
licensee’s family shall transfer ownership of the optometry practice 41
to a licensee or dissolve the optometry practice. 42
2. For not more than 1 year after a guardian or guardian ad 43
litem is appointed in accordance with the laws of this State for a 44
licensee who is the sole owner of an optometry practice on the 45
– 9 –
- *AB183*
basis that the licensee is permanently incapacitated, the guardian 1
or guardian ad litem, as applicable, may own the optometry 2
practice without being licensed pursuant to this chapter. The 3
guardian or guardian ad litem shall: 4
(a) As soon as practicable after his or her appointment, submit 5
to the Board a written opinion of a physician who is board-6
certified in the area of neurology, neurological surgery, critical 7
care medicine or intensive care medicine expressing that, to a 8
reasonable degree of medical probability, the licensee is 9
permanently incapacitated. 10
(b) Not later than 1 year after his or her appointment, transfer 11
ownership of the optometry practice to a licensee or dissolve the 12
optometry practice. 13
3. The provisions of this section do not: 14
(a) Exempt a person from the requirement to obtain a license 15
pursuant to this chapter to engage in the practice of optometry; and 16
(b) Abrogate, alter or otherwise affect any obligation to comply 17
with the requirements of chapters 629 and 636 of NRS relating to 18
the custody of health care records. 19
[3.] 4. As used in this section, “member of the licensee’s 20
family” means any person related to the licensee by blood, adoption 21
or marriage within the third degree of consanguinity. 22
Sec. 16. NRS 636.420 is hereby amended to read as follows: 23
636.420 1. After providing notice and a hearing pursuant to 24
chapter 622A of NRS, the Board may impose an administrative fine 25
of not more than $5,000 for each violation against a person licensed 26
under this chapter who engages in any conduct constituting grounds 27
for disciplinary action set forth in NRS 636.295. 28
2. If the Board determines that a person has violated any 29
provision of this chapter, the Board may , except as otherwise 30
provided pursuant to subsection 3, issue a citation to the person. 31
The citation may contain an order to pay an administrative fine of 32
not more than $1,000 for each violation or, for a violation described 33
in subsection 1, $5,000 for each such violation. A citation issued 34
pursuant to this subsection must be in writing, describe with 35
particularity the nature of the violation and inform the person of the 36
provisions of this subsection. Each activity in which the person is 37
engaged constitutes a separate offense for which a separate citation 38
may be issued. To appeal a citation, the person must submit to the 39
Board a written request for a hearing not later than 30 days after the 40
date of issuance of the citation. The Board shall provide notice of 41
and conduct a hearing requested pursuant to this subsection in 42
accordance with the provisions of chapter 622A of NRS. 43
3. A citation may be issued to a licensee pursuant to 44
subsection 2 only for violations not involving: 45
– 10 –
- *AB183*
(a) The care of a patient; or 1
(b) Unethical or unprofessional conduct. 2
4. The issuance of a citation to and the imposition of an 3
administrative fine against a licensee pursuant to subsection 2: 4
(a) Does not constitute formal disciplinary action by the 5
Board; and 6
(b) Must not be reported to the National Practitioner Data 7
Bank. 8
H