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).

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 an analgesic of hydrocodone with compounds, codeine with

1-6 compounds or propoxyphene with compounds 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

1-15 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

2-18 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] :

2-30 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] :

2-39 abnormalities of the eye or its appendages.

2-40 Sec. 8. NRS 636.025 is hereby amended to read as follows:

2-41 636.025 1. The acts [enumerated] set forth in this section, or any of

2-42 them, whether done severally, collectively or in combination with other acts

3-1 that are not [enumerated] set forth in this section constitute practice in

3-2 optometry within the purview of this chapter:

3-3 (a) Advertisement or representation as an optometrist.

3-4 (b) Adapting, or prescribing or dispensing, without prescription by a

3-5 [licensed Nevada] practitioner of optometry or medicine [,] licensed in this

3-6 state, any ophthalmic lens, frame or mounting, or any part thereof, for

3-7 correction, relief or remedy of any abnormal condition or insufficiency of

3-8 the eye or any appendage or visual process . [thereof.] The provisions of

3-9 this subsection do not prevent an optical mechanic from doing the mere

3-10 mechanical work of replacement or duplication of the ophthalmic lens or

3-11 prevent a licensed dispensing optician from engaging in the practice of

3-12 ophthalmic dispensing.

3-13 (c) The examination of the human eye and its appendages, the

3-14 measurement of the powers or range of human vision, the determination of

3-15 the accommodative and refractive states of the eye or the scope of its

3-16 function in general , or the diagnosis or determination of any visual,

3-17 muscular, neurological, interpretative or anatomic anomalies or deficiencies

3-18 of the eye or its appendages or visual processes.

3-19 (d) Prescribing, directing the use of or using any optical device in

3-20 connection with ocular exercises, orthoptics or visual training.

3-21 (e) The prescribing of contact lenses.

3-22 (f) The measurement, fitting or adaptation of contact lenses to the

3-23 human eye except under the direction and supervision of a physician,

3-24 surgeon or optometrist licensed in the State of Nevada.

3-25 (g) The topical use of diagnostic pharmaceutical agents to determine any

3-26 visual, muscular, neurological, interpretative or anatomic anomalies or

3-27 deficiencies of the eye or its appendages or visual processes.

3-28 (h) Prescribing, directing the use of or using a therapeutic

3-29 pharmaceutical agent to treat an abnormality of the eye or its appendages.

3-30 (i) Removing a foreign object from the surface or epithelium of the eye.

3-31 (j) The ordering of laboratory tests to assist in the diagnosis of an

3-32 abnormality of the eye or its appendages.

3-33 2. The provisions of this section do not authorize an optometrist to

3-34 engage in any practice which includes:

3-35 (a) The incision or suturing of the eye or its appendages; or

3-36 (b) The use of lasers for surgical purposes . [; or

3-37 (c) The treatment of glaucoma.]

3-38 Sec. 9. NRS 636.350 is hereby amended to read as follows:

3-39 636.350 [A licensee]

3-43 fictitious name.

4-1 2. An optometrist who applies for a certificate of registration to

4-2 practice optometry under an assumed or fictitious name must submit to

4-3 the board an application on a form provided by the board.

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

4-5 pursuant to this section shall:

4-6 (a) Comply with the provisions of chapter 602 of NRS; and

4-7 (b) Display or cause to be displayed near the entrance of his business

4-8 his full name and the words or letters that designate him as an

4-9 optometrist.

4-10 4. The board shall adopt regulations that prescribe the requirements

4-11 for the issuance of a certificate of registration to practice optometry

4-12 under an assumed or fictitious name.

4-13 5. As used in this section, "assumed or fictitious name" means a

4-14 name that is not the real name of each person who owns an interest in a

4-15 business.

4-16 Sec. 10. NRS 652.210 is hereby amended to read as follows:

4-17 652.210 No person other than a licensed physician, a licensed

4-24 material for smears and cultures.

4-25 Sec. 11. NRS 453.126 is hereby amended to read as follows:

4-26 453.126 "Practitioner" means:

4-42 5. A physician’s assistant who:

5-1 (a) Holds a license from the board of medical examiners or a certificate

5-2 from the state board of osteopathic medicine; and

5-3 (b) Is authorized by the board to possess, administer, prescribe or

5-4 dispense controlled substances under the supervision of a physician or

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

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

5-7 optometry to prescribe and administer therapeutic pharmaceutical agents

5-8 pursuant to NRS 636.288, when he prescribes or administers therapeutic

5-9 pharmaceutical agents within the scope of his certification.

5-10 Sec. 12. NRS 453.128 is hereby amended to read as follows:

5-11 453.128 1. "Prescription" means:

5-20 an inpatient for use while he is an inpatient.

5-21 Sec. 13. NRS 453.336 is hereby amended to read as follows:

5-22 453.336 1. [It is unlawful for a] A person shall not knowingly or

5-43 V, for a category E felony as provided in NRS 193.130.

6-1 (d) For a second or subsequent offense, if the controlled substance is

6-2 listed in schedule V, for a category D felony as provided in NRS 193.130.

6-3 3. Unless a greater penalty is provided in NRS 212.160, 453.337 or

6-4 453.3385, a person who is convicted of the possession of flunitrazepam or

6-5 gamma-hydroxybutyrate, or any substance for which flunitrazepam or

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

6-7 B felony and shall be punished by imprisonment in the state prison for a

6-8 minimum term of not less than 1 year and a maximum term of not more

6-9 than 6 years.

6-10 4. Unless a greater penalty is provided in NRS 212.160, a person who

6-11 is [under] less than 21 years of age and is convicted of the possession of

6-12 less than 1 ounce of marihuana:

6-13 (a) For the first and second offense, is guilty of a category E felony and

6-14 shall be punished as provided in NRS 193.130.

6-15 (b) For a third or subsequent offense, is guilty of a category D felony

6-16 and shall be punished as provided in NRS 193.130, and may be further

6-17 punished by a fine of not more than $20,000.

6-18 5. Before sentencing under the provisions of subsection 4 for a first

6-19 offense, the court shall require the parole and probation officer to submit a

6-20 presentencing report on the person convicted in accordance with the

6-21 provisions of NRS 176A.200. After the report is received but before

6-22 sentence is pronounced the court shall:

6-23 (a) Interview the person convicted and make a determination as to the

6-24 possibility of his rehabilitation; and

6-25 (b) Conduct a hearing at which evidence may be presented as to the

6-26 possibility of rehabilitation and any other relevant information.

6-27 6. As used in this section, "controlled substance" includes

6-28 flunitrazepam, gamma-hydroxybutyrate and each substance for which

6-29 flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.