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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to optometry; revising the authority of an optometrist to prescribe certain therapeutic pharmaceutical agents; authorizing an optometrist to treat persons diagnosed with glaucoma if he holds a certificate issued by the Nevada state board of optometry; requiring the board to adopt regulations that prescribe the requirements for the issuance of such a certificate; authorizing an optometrist to practice under an assumed or fictitious name if the name has been registered with the board; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 a

1-4 therapeutic pharmaceutical agent pursuant to NRS 636.288 shall not

1-5 prescribe a therapeutic pharmaceutical agent that contains an analgesic

1-6 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 whom

1-8 the therapeutic pharmaceutical agent is prescribed;

1-9 2. Prescribes the therapeutic pharmaceutical agent in an amount

1-10 that will not last more than 72 hours; and

1-11 3. Sets forth in the prescription for the therapeutic pharmaceutical

1-12 agent that the prescription may not be refilled.

1-13 Sec. 3. An optometrist shall not treat a person diagnosed with

1-14 glaucoma unless he has been issued a certificate by the board pursuant

1-15 to section 5 of this act.

2-1 Sec. 4. The board shall adopt regulations that prescribe the

2-2 requirements for the issuance of a certificate to treat persons diagnosed

2-3 with glaucoma pursuant to section 5 of this act. The requirements must

2-4 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 of

2-7 Ocular Disease Examination" administered by the National Board of

2-8 Examiners in Optometry on or after January 1, 1993, or an equivalent

2-9 examination approved by the board; and

2-10 3. Proof that each optometrist who applies for a certificate has

2-11 treated at least 15 persons who were:

2-12 (a) Diagnosed with glaucoma by an ophthalmologist licensed in this

2-13 state; and

2-14 (b) Treated by the optometrist, in consultation with that

2-15 ophthalmologist, for at least 1 year.

2-16 Sec. 5. The board shall issue a certificate to treat persons diagnosed

2-17 with glaucoma to each optometrist who has complied with the

2-18 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:

2-20 636.022 "Prescription" means [a] :

2-21 1. An order given individually for the person for whom prescribed,

2-22 directly from a licensed optometrist who is certified to prescribe and

2-23 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 by

2-25 the licensed optometrist or an electronic transmission from the licensed

2-26 optometrist to a pharmacist; or

2-27 2. A written direction from a licensed optometrist to:

2-28 [1.] (a) Prepare an ophthalmic lens for a patient; or

2-29 [2.] (b) Dispense a prepackaged contact lens that does not require any

2-30 adjustment, modification or fitting.

2-31 Sec. 7. NRS 636.024 is hereby amended to read as follows:

2-32 636.024 "Therapeutic pharmaceutical agent" means [a] :

2-33 1. A topical medication [or an] ;

2-34 2. An oral antibiotic ;

2-35 3. An oral medication for allergies that does not contain steroids; or

2-36 4. An analgesic set forth in schedule III, IV or V in chapter 453 of

2-37 NRS,

2-38 approved by the Food and Drug Administration for the treatment of

2-39 abnormalities of the eye or its appendages.

3-1 Sec. 8. NRS 636.025 is hereby amended to read as follows:

3-2 636.025 1. The acts [enumerated] set forth in this section, or any of

3-3 them, whether done severally, collectively or in combination with other

3-4 acts that are not [enumerated] set forth in this section constitute practice in

3-5 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 a

3-8 [licensed Nevada] practitioner of optometry or medicine [,] licensed in this

3-9 state, any ophthalmic lens, frame or mounting, or any part thereof, for

3-10 correction, relief or remedy of any abnormal condition or insufficiency of

3-11 the eye or any appendage or visual process . [thereof.] The provisions of

3-12 this subsection do not prevent an optical mechanic from doing the mere

3-13 mechanical work of replacement or duplication of the ophthalmic lens or

3-14 prevent a licensed dispensing optician from engaging in the practice of

3-15 ophthalmic dispensing.

3-16 (c) The examination of the human eye and its appendages, the

3-17 measurement of the powers or range of human vision, the determination of

3-18 the accommodative and refractive states of the eye or the scope of its

3-19 function in general , or the diagnosis or determination of any visual,

3-20 muscular, neurological, interpretative or anatomic anomalies or

3-21 deficiencies of the eye or its appendages or visual processes.

3-22 (d) Prescribing, directing the use of or using any optical device in

3-23 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 the

3-26 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 determine

3-29 any visual, muscular, neurological, interpretative or anatomic anomalies or

3-30 deficiencies of the eye or its appendages or visual processes.

3-31 (h) Prescribing, directing the use of or using a therapeutic

3-32 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 an

3-35 abnormality of the eye or its appendages.

3-36 2. The provisions of this section do not authorize an optometrist to

3-37 engage in any practice which includes:

3-38 (a) The incision or suturing of the eye or its appendages; or

3-39 (b) The use of lasers for surgical purposes . [; or

3-40 (c) The treatment of glaucoma.]

4-1 Sec. 9. NRS 636.350 is hereby amended to read as follows:

4-2 636.350 [A licensee]

4-3 1. An optometrist shall not [be entitled to] practice optometry under an

4-4 assumed or fictitious name [.] unless he has been issued a certificate of

4-5 registration by the board to practice optometry under an assumed or

4-6 fictitious name.

4-7 2. An optometrist who applies for a certificate of registration to

4-8 practice optometry under an assumed or fictitious name must submit to

4-9 the board an application on a form provided by the board.

4-10 3. Each optometrist who is issued a certificate of registration

4-11 pursuant to this section shall:

4-12 (a) Comply with the provisions of chapter 602 of NRS; and

4-13 (b) Display or cause to be displayed near the entrance of his business

4-14 his full name and the words or letters that designate him as an

4-15 optometrist.

4-16 4. The board shall adopt regulations that prescribe the requirements

4-17 for the issuance of a certificate of registration to practice optometry

4-18 under an assumed or fictitious name.

4-19 5. As used in this section, "assumed or fictitious name" means a

4-20 name that is not the real name of each person who owns an interest in a

4-21 business.

4-22 Sec. 10. NRS 652.210 is hereby amended to read as follows:

4-23 652.210 No person other than a licensed physician, a licensed

4-24 optometrist, a licensed practical nurse, a registered nurse, a licensed or

4-25 certified physician’s assistant, a certified intermediate emergency medical

4-26 technician, a certified advanced emergency medical technician or a

4-27 licensed dentist may manipulate a person for the collection of specimens,

4-28 except that technical personnel of a laboratory may collect blood, remove

4-29 stomach contents, perform certain diagnostic skin tests or field blood tests

4-30 or collect material for smears and cultures.

4-31 Sec. 11. NRS 453.126 is hereby amended to read as follows:

4-32 453.126 "Practitioner" means:

4-33 1. A physician, dentist, veterinarian or podiatric physician who holds a

4-34 [valid] license to practice his profession in this state and is registered

4-35 pursuant to this chapter.

4-36 2. An advanced practitioner of nursing who holds a certificate from

4-37 the state board of nursing and a certificate from the state board of

4-38 pharmacy [permitting] authorizing him to dispense controlled substances.

4-39 3. A scientific investigator or a pharmacy, hospital or other institution

4-40 licensed, registered or otherwise [permitted by] authorized in this state to

4-41 distribute, dispense, conduct research with respect to, to administer, or use

4-42 in teaching or chemical analysis, a controlled substance in the course of

4-43 professional practice or research.

5-1 4. A euthanasia technician who is licensed by the Nevada state board

5-2 of veterinary medical examiners and registered pursuant to this chapter,

5-3 [when] while he possesses or administers sodium pentobarbital pursuant to

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 certificate

5-7 from the state board of osteopathic medicine; and

5-8 (b) Is authorized by the board to possess, administer, prescribe or

5-9 dispense controlled substances under the supervision of a physician or

5-10 osteopathic physician as required by chapter 630 or 633 of NRS.

5-11 6. An optometrist who is certified by the Nevada state board of

5-12 optometry to prescribe and administer therapeutic pharmaceutical agents

5-13 pursuant to NRS 636.288, when he prescribes or administers therapeutic

5-14 pharmaceutical agents within the scope of his certification.

5-15 Sec. 12. NRS 453.128 is hereby amended to read as follows:

5-16 453.128 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 physician

5-19 , optometrist or veterinarian, or his agent, to a pharmacist or indirectly by

5-20 means of an order signed by the practitioner or an electronic transmission

5-21 from the practitioner to a pharmacist [.] ; or

5-22 (b) A chart order written for an inpatient specifying drugs which he is to

5-23 take home upon his discharge.

5-24 2. ["Prescription"] The term does not include a chart order written for

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:

5-27 453.336 1. [It is unlawful for a] A person shall not knowingly or

5-28 intentionally [to] possess a controlled substance , unless the substance was

5-29 obtained directly from, or pursuant to, a [valid] prescription or order of a

5-30 physician, physician’s assistant, dentist, podiatric physician , optometrist
5-31 or veterinarian while acting in the course of his professional practice, or

5-32 except as otherwise authorized by the provisions of NRS 453.011 to

5-33 453.552, inclusive.

5-34 2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS

5-35 453.3363, 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 be

5-37 punished:

5-38 (a) For the first or second offense, if the controlled substance is listed in

5-39 schedule I, II, III or IV, for a category E felony as provided in NRS

5-40 193.130.

5-41 (b) For a third or subsequent offense, if the controlled substance is

5-42 listed in schedule I, II, III or IV, or if the offender has previously been

5-43 convicted two or more times in the aggregate of any violation of the law of

6-1 the United States or of any state, territory or district relating to a controlled

6-2 substance, for a category D felony as provided in NRS 193.130, and may

6-3 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 schedule

6-5 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 is

6-7 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 or

6-9 453.3385, a person who is convicted of the possession of flunitrazepam or

6-10 gamma-hydroxybutyrate, or any substance for which flunitrazepam or

6-11 gamma-hydroxybutyrate is an immediate precursor, is guilty of a category

6-12 B felony and shall be punished by imprisonment in the state prison for a

6-13 minimum term of not less than 1 year and a maximum term of not more

6-14 than 6 years.

6-15 4. Unless a greater penalty is provided in NRS 212.160, a person who

6-16 is [under] less than 21 years of age and is convicted of the possession of

6-17 less than 1 ounce of marihuana:

6-18 (a) For the first and second offense, is guilty of a category E felony and

6-19 shall be punished as provided in NRS 193.130.

6-20 (b) For a third or subsequent offense, is guilty of a category D felony

6-21 and shall be punished as provided in NRS 193.130, and may be further

6-22 punished by a fine of not more than $20,000.

6-23 5. Before sentencing under the provisions of subsection 4 for a first

6-24 offense, the court shall require the parole and probation officer to submit a

6-25 presentencing report on the person convicted in accordance with the

6-26 provisions of NRS 176A.200. After the report is received but before

6-27 sentence is pronounced the court shall:

6-28 (a) Interview the person convicted and make a determination as to the

6-29 possibility of his rehabilitation; and

6-30 (b) Conduct a hearing at which evidence may be presented as to the

6-31 possibility of rehabilitation and any other relevant information.

6-32 6. As used in this section, "controlled substance" includes

6-33 flunitrazepam, gamma-hydroxybutyrate and each substance for which

6-34 flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

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