Assembly Bill No. 432–Committee on Commerce and Labor
March 10, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing practice of optometry. (BDR 54-339)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 636 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 5, inclusive, of this act.1-3
Sec. 2. An optometrist who is certified to administer and prescribe a1-4
therapeutic pharmaceutical agent pursuant to NRS 636.288 shall not1-5
prescribe a therapeutic pharmaceutical agent that contains an analgesic1-6
set forth in schedule III, IV or V in chapter 453 of NRS unless he:1-7
1. Has completed an optometric examination of the patient for whom1-8
the therapeutic pharmaceutical agent is prescribed;1-9
2. Prescribes the therapeutic pharmaceutical agent in an amount1-10
that will not last more than 72 hours; and1-11
3. Sets forth in the prescription for the therapeutic pharmaceutical1-12
agent that the prescription may not be refilled.1-13
Sec. 3. An optometrist shall not treat a person diagnosed with1-14
glaucoma unless he has been issued a certificate by the board pursuant1-15
to section 5 of this act.2-1
Sec. 4. The board shall adopt regulations that prescribe the2-2
requirements for the issuance of a certificate to treat persons diagnosed2-3
with glaucoma pursuant to section 5 of this act. The requirements must2-4
include, without limitation:2-5
1. A license to practice optometry in this state;2-6
2. The successful completion of the "Treatment and Management of2-7
Ocular Disease Examination" administered by the National Board of2-8
Examiners in Optometry on or after January 1, 1993, or an equivalent2-9
examination approved by the board; and2-10
3. Proof that each optometrist who applies for a certificate has2-11
treated at least 15 persons who were:2-12
(a) Diagnosed with glaucoma by an ophthalmologist licensed in this2-13
state; and2-14
(b) Treated by the optometrist, in consultation with that2-15
ophthalmologist, for at least 1 year. Sec. 5. The board shall issue a certificate to treat persons diagnosed2-17
with glaucoma to each optometrist who has complied with the2-18
requirements prescribed by the board pursuant to section 4 of this act.2-19
Sec. 6. NRS 636.022 is hereby amended to read as follows: 636.022 "Prescription" means2-21
1. An order given individually for the person for whom prescribed,2-22
directly from a licensed optometrist who is certified to prescribe and2-23
administer therapeutic pharmaceutical agents pursuant to NRS 636.288,2-24
or his agent, to a pharmacist or indirectly by means of an order signed by2-25
the licensed optometrist or an electronic transmission from the licensed2-26
optometrist to a pharmacist; or2-27
2. A written direction from a licensed optometrist to:2-28
2-29
2-30
adjustment, modification or fitting.2-31
Sec. 7. NRS 636.024 is hereby amended to read as follows: 636.024 "Therapeutic pharmaceutical agent" means2-33
1. A topical medication2-34
2. An oral antibiotic ;2-35
3. An oral medication for allergies that does not contain steroids; or2-36
4. An analgesic set forth in schedule III, IV or V in chapter 453 of2-37
NRS,2-38
approved by the Food and Drug Administration for the treatment of2-39
abnormalities of the eye or its appendages.3-1
Sec. 8. NRS 636.025 is hereby amended to read as follows: 636.025 1. The acts3-3
them, whether done severally, collectively or in combination with other3-4
acts that are not3-5
optometry within the purview of this chapter:3-6
(a) Advertisement or representation as an optometrist.3-7
(b) Adapting, or prescribing or dispensing, without prescription by a3-8
3-9
state, any ophthalmic lens, frame or mounting, or any part thereof, for3-10
correction, relief or remedy of any abnormal condition or insufficiency of3-11
the eye or any appendage or visual process .3-12
this subsection do not prevent an optical mechanic from doing the mere3-13
mechanical work of replacement or duplication of the ophthalmic lens or3-14
prevent a licensed dispensing optician from engaging in the practice of3-15
ophthalmic dispensing.3-16
(c) The examination of the human eye and its appendages, the3-17
measurement of the powers or range of human vision, the determination of3-18
the accommodative and refractive states of the eye or the scope of its3-19
function in general , or the diagnosis or determination of any visual,3-20
muscular, neurological, interpretative or anatomic anomalies or3-21
deficiencies of the eye or its appendages or visual processes.3-22
(d) Prescribing, directing the use of or using any optical device in3-23
connection with ocular exercises, orthoptics or visual training.3-24
(e) The prescribing of contact lenses.3-25
(f) The measurement, fitting or adaptation of contact lenses to the3-26
human eye except under the direction and supervision of a physician,3-27
surgeon or optometrist licensed in the State of Nevada.3-28
(g) The topical use of diagnostic pharmaceutical agents to determine3-29
any visual, muscular, neurological, interpretative or anatomic anomalies or3-30
deficiencies of the eye or its appendages or visual processes.3-31
(h) Prescribing, directing the use of or using a therapeutic3-32
pharmaceutical agent to treat an abnormality of the eye or its appendages.3-33
(i) Removing a foreign object from the surface or epithelium of the eye.3-34
(j) The ordering of laboratory tests to assist in the diagnosis of an3-35
abnormality of the eye or its appendages.3-36
2. The provisions of this section do not authorize an optometrist to3-37
engage in any practice which includes:3-38
(a) The incision or suturing of the eye or its appendages; or3-39
(b) The use of lasers for surgical purposes .3-40
4-1
Sec. 9. NRS 636.350 is hereby amended to read as follows: 636.3504-3
1. An optometrist shall not4-4
assumed or fictitious name4-5
registration by the board to practice optometry under an assumed or4-6
fictitious name.4-7
2. An optometrist who applies for a certificate of registration to4-8
practice optometry under an assumed or fictitious name must submit to4-9
the board an application on a form provided by the board.4-10
3. Each optometrist who is issued a certificate of registration4-11
pursuant to this section shall:4-12
(a) Comply with the provisions of chapter 602 of NRS; and4-13
(b) Display or cause to be displayed near the entrance of his business4-14
his full name and the words or letters that designate him as an4-15
optometrist.4-16
4. The board shall adopt regulations that prescribe the requirements4-17
for the issuance of a certificate of registration to practice optometry4-18
under an assumed or fictitious name.4-19
5. As used in this section, "assumed or fictitious name" means a4-20
name that is not the real name of each person who owns an interest in a4-21
business.4-22
Sec. 10. NRS 652.210 is hereby amended to read as follows: 652.210 No person other than a licensed physician, a licensed4-24
optometrist, a licensed practical nurse, a registered nurse, a licensed or4-25
certified physician’s assistant, a certified intermediate emergency medical4-26
technician, a certified advanced emergency medical technician or a4-27
licensed dentist may manipulate a person for the collection of specimens,4-28
except that technical personnel of a laboratory may collect blood, remove4-29
stomach contents, perform certain diagnostic skin tests or field blood tests4-30
or collect material for smears and cultures.4-31
Sec. 11. NRS 453.126 is hereby amended to read as follows: 453.126 "Practitioner" means:4-33
1. A physician, dentist, veterinarian or podiatric physician who holds a4-34
4-35
pursuant to this chapter.4-36
2. An advanced practitioner of nursing who holds a certificate from4-37
the state board of nursing and a certificate from the state board of4-38
pharmacy4-39
3. A scientific investigator or a pharmacy, hospital or other institution4-40
licensed, registered or otherwise4-41
distribute, dispense, conduct research with respect to, to administer, or use4-42
in teaching or chemical analysis, a controlled substance in the course of4-43
professional practice or research.5-1
4. A euthanasia technician who is licensed by the Nevada state board5-2
of veterinary medical examiners and registered pursuant to this chapter,5-3
5-4
his license and registration.5-5
5. A physician’s assistant who:5-6
(a) Holds a license from the board of medical examiners or a certificate5-7
from the state board of osteopathic medicine; and5-8
(b) Is authorized by the board to possess, administer, prescribe or5-9
dispense controlled substances under the supervision of a physician or5-10
osteopathic physician as required by chapter 630 or 633 of NRS.5-11
6. An optometrist who is certified by the Nevada state board of5-12
optometry to prescribe and administer therapeutic pharmaceutical agents5-13
pursuant to NRS 636.288, when he prescribes or administers therapeutic5-14
pharmaceutical agents within the scope of his certification.5-15
Sec. 12. NRS 453.128 is hereby amended to read as follows: 453.128 1. "Prescription" means:5-17
(a) An order given individually for the person for whom prescribed,5-18
directly from a physician, physician’s assistant, dentist, podiatric physician5-19
, optometrist or veterinarian, or his agent, to a pharmacist or indirectly by5-20
means of an order signed by the practitioner or an electronic transmission5-21
from the practitioner to a pharmacist5-22
(b) A chart order written for an inpatient specifying drugs which he is to5-23
take home upon his discharge.5-24
2.5-25
an inpatient for use while he is an inpatient.5-26
Sec. 13. NRS 453.336 is hereby amended to read as follows: 453.336 1.5-28
intentionally5-29
obtained directly from, or pursuant to, a5-30
physician, physician’s assistant, dentist, podiatric physician , optometrist5-32
except as otherwise authorized by the provisions of NRS 453.011 to5-33
453.552, inclusive.5-34
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS5-35
453.3363, and unless a greater penalty is provided in NRS 212.160,5-36
453.3385, 453.339 or 453.3395, a person who violates this section shall be5-37
punished:5-38
(a) For the first or second offense, if the controlled substance is listed in5-39
schedule I, II, III or IV, for a category E felony as provided in NRS5-40
193.130.5-41
(b) For a third or subsequent offense, if the controlled substance is5-42
listed in schedule I, II, III or IV, or if the offender has previously been5-43
convicted two or more times in the aggregate of any violation of the law of6-1
the United States or of any state, territory or district relating to a controlled6-2
substance, for a category D felony as provided in NRS 193.130, and may6-3
be further punished by a fine of not more than $20,000.6-4
(c) For the first offense, if the controlled substance is listed in schedule6-5
V, for a category E felony as provided in NRS 193.130.6-6
(d) For a second or subsequent offense, if the controlled substance is6-7
listed in schedule V, for a category D felony as provided in NRS 193.130.6-8
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or6-9
453.3385, a person who is convicted of the possession of flunitrazepam or6-10
gamma-hydroxybutyrate, or any substance for which flunitrazepam or6-11
gamma-hydroxybutyrate is an immediate precursor, is guilty of a category6-12
B felony and shall be punished by imprisonment in the state prison for a6-13
minimum term of not less than 1 year and a maximum term of not more6-14
than 6 years.6-15
4. Unless a greater penalty is provided in NRS 212.160, a person who6-16
is6-17
less than 1 ounce of marihuana:6-18
(a) For the first and second offense, is guilty of a category E felony and6-19
shall be punished as provided in NRS 193.130.6-20
(b) For a third or subsequent offense, is guilty of a category D felony6-21
and shall be punished as provided in NRS 193.130, and may be further6-22
punished by a fine of not more than $20,000.6-23
5. Before sentencing under the provisions of subsection 4 for a first6-24
offense, the court shall require the parole and probation officer to submit a6-25
presentencing report on the person convicted in accordance with the6-26
provisions of NRS 176A.200. After the report is received but before6-27
sentence is pronounced the court shall:6-28
(a) Interview the person convicted and make a determination as to the6-29
possibility of his rehabilitation; and6-30
(b) Conduct a hearing at which evidence may be presented as to the6-31
possibility of rehabilitation and any other relevant information.6-32
6. As used in this section, "controlled substance" includes6-33
flunitrazepam, gamma-hydroxybutyrate and each substance for which6-34
flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.~