(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

March 19, 2001

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Referred to Committee on Commerce and Labor

 

SUMMARY—Authorizes optometrist to collaborate with ophthalmologist under certain conditions. (BDR 54‑1280)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1    Section 1. Chapter 636 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    An optometrist may, based upon the individual needs of a particular

1-4  patient, collaborate with an ophthalmologist for the provision of care to

1-5  the patient, for a fixed fee, regarding one or more surgical procedures if:

1-6    1.  The collaborating parties prepare and maintain in their respective

1-7  medical records regarding the patient, written documentation of each

1-8  procedure and other service performed by each collaborating party which

1-9  includes the date each procedure and other service is performed;

1-10  2.  The fixed fee is divided between the collaborating parties in

1-11  proportion to the services personally performed by each of them; and

1-12  3.  The collaborating parties provide to the patient and maintain in

1-13  their respective medical records regarding the patient, a written

1-14  document, signed by each of the collaborating parties and the patient,

1-15  containing:

1-16  (a) The name, business address and telephone number of each of the

1-17  collaborating parties;

1-18  (b) The amount of the fixed fee for the procedures and services;

1-19  (c) The proportion of that fee to be received by each collaborating

1-20  party;

2-1    (d) A statement, signed by the patient and a witness who is not one of

2-2  the collaborating parties, that the patient voluntarily, knowingly and

2-3  willingly desires the performance of the postoperative care by the

2-4  collaborating optometrist;

2-5    (e) A statement that the patient is entitled to return to the

2-6  collaborating ophthalmologist for postoperative care at any time after the

2-7  surgery; and

2-8    (f) A statement which:

2-9       (1) Indicates that the practice of optometry and ophthalmology are

2-10  respectively regulated by the Nevada state board of optometry and the

2-11  board of medical examiners; and

2-12      (2) Contains the address and telephone number of each of those

2-13  boards.

2-14    Sec. 2.  NRS 636.301 is hereby amended to read as follows:

2-15    636.301  The following acts, among others, constitute unethical or

2-16  unprofessional conduct:

2-17    1.  Division of fees with another optometrist or a health maintenance

2-18  organization, except where the division is made in proportion to the

2-19  services performed for the patient and the responsibility assumed by each.

2-20    2.  Division of fees or any understanding or arrangement with any

2-21  person who is not an optometrist or a health maintenance organization[.] ,

2-22  unless in accordance with section 1 of this act.

 

2-23  H