Assembly Bill No. 491–Assemblymen Humke, Beers, Brower, Buckley, Hettrick, Leslie and Parks

 

CHAPTER..........

 

AN ACT relating to professions; authorizing an optometrist to collaborate with an ophthalmologist under certain conditions; and providing other matters properly relating thereto.

 

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 thereto a

new section to read as follows:

   An optometrist may, based upon the individual needs of a particular

patient, collaborate with an ophthalmologist for the provision of care to

the patient, for a fixed fee, regarding one or more surgical procedures if:

   1.  The collaborating parties prepare and maintain in their respective

medical records regarding the patient, written documentation of each

procedure and other service performed by each collaborating party which

includes the date each procedure and other service is performed;

   2.  The fixed fee is divided between the collaborating parties in

proportion to the services personally performed by each of them; and

   3.  The collaborating parties provide to the patient and maintain in

their respective medical records regarding the patient, a written

document, signed by each of the collaborating parties and the patient,

containing:

   (a) The name, business address and telephone number of each of the

collaborating parties;

   (b) The amount of the fixed fee for the procedures and services;

   (c) The proportion of that fee to be received by each collaborating

party;

   (d) A statement, signed by the patient and a witness who is not one of

the collaborating parties, that the patient voluntarily, knowingly and

willingly desires the performance of the postoperative care by the

collaborating optometrist;

   (e) A statement that the patient is entitled to return to the

collaborating ophthalmologist for postoperative care at any time after the

surgery; and

   (f) A statement which:

     (1) Indicates that the practice of optometry and ophthalmology are

respectively regulated by the Nevada state board of optometry and the

board of medical examiners; and

     (2) Contains the address and telephone number of each of those

boards.

   Sec. 2.  NRS 636.301 is hereby amended to read as follows:

   636.301  The following acts, among others, constitute unethical or

unprofessional conduct:

   1.  Division of fees with another optometrist or a health maintenance

organization, except where the division is made in proportion to the

services performed for the patient and the responsibility assumed by each.

   2.  Division of fees or any understanding or arrangement with any

person who is not an optometrist or a health maintenance organization[.] ,

unless in accordance with section 1 of this act.

 

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