Assembly Bill No. 275–Committee on
Commerce and Labor

 

March 11, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Eliminates authority of dispensing optician to fit contact lenses. (BDR 54‑1218)

 

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 dispensing opticians; eliminating the authority of a dispensing optician to fit contact lenses; repealing the provision providing for a license for a dispensing optician to fit contact lenses; 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. NRS 630.375 is hereby amended to read as follows:

1-2  630.375  1.  The form for any prescription which is issued for

1-3  an ophthalmic lens by an ophthalmologist in this state must contain

1-4  lines or boxes in substantially the following form:

 

1-5  Approved for contact lenses.......................

1-6  Not approved for contact lenses................

 

1-7  2.  The prescribing ophthalmologist shall mark or check one of

1-8  the lines or boxes required by subsection 1 each time such a

1-9  prescription is issued by him.

1-10      3.  If the prescription is for a contact lens, the form must set

1-11  forth the expiration date of the prescription, the number of refills

1-12  approved for the patient and such other information as is necessary

1-13  for the prescription to be filled properly.

1-14      4.  The initial fitting of a contact lens must be performed by[:

2-1  (a) A dispensing optician licensed pursuant to NRS 637.122; or

2-2  (b) An] an ophthalmologist or optometrist licensed in this state.

2-3  Sec. 2.  NRS 636.387 is hereby amended to read as follows:

2-4  636.387  1.  The form for any prescription which is issued for

2-5  an ophthalmic lens by an optometrist in this state must contain lines

2-6  or boxes in substantially the following form:

 

2-7  Approved for contact lenses.......................

2-8  Not approved for contact lenses................

 

2-9  2.  The prescribing optometrist shall mark or check one of the

2-10  lines or boxes required by subsection 1 each time such a prescription

2-11  is issued by him.

2-12      3.  If the prescription is for a contact lens, the form must set

2-13  forth the expiration date of the prescription, the number of refills

2-14  approved for the patient and such other information as is necessary

2-15  for the prescription to be filled properly.

2-16      4.  The initial fitting of a contact lens must be performed by[:

2-17      (a) A dispensing optician licensed pursuant to NRS 637.122; or

2-18      (b) An] an ophthalmologist or optometrist licensed in this state.

2-19      Sec. 3.  NRS 637.022 is hereby amended to read as follows:

2-20      637.022  “Ophthalmic dispensing” means the design,

2-21  verification and delivery to the intended wearer of lenses, frames

2-22  and other specially fabricated optical devices upon prescription. The

2-23  term includes:

2-24      1.  The taking of measurements to determine the size, shape and

2-25  specifications of the lenses, frames or contact lenses;

2-26      2.  The preparation and delivery of work orders to laboratory

2-27  technicians engaged in grinding lenses and fabricating eyewear;

2-28      3.  The verification of the quality of finished ophthalmic

2-29  products;

2-30      4.  The adjustment of lenses or frames to the intended wearer’s

2-31  face or eyes;

2-32      5.  The adjustment, replacement, repair and reproduction of

2-33  previously prepared ophthalmic lenses, frames or other specially

2-34  fabricated ophthalmic devices; and

2-35      6.  The [fitting] dispensing of contact lenses that do not require

2-36  any adjustment, modification or fitting pursuant to a written

2-37  prescription . [by a dispensing optician who has been licensed

2-38  pursuant to NRS 637.122 to do so.]

2-39      Sec. 4.  NRS 637.120 is hereby amended to read as follows:

2-40      637.120  1.  An applicant successfully completing the

2-41  examination must be issued a license as a dispensing optician by the

2-42  Board. The license authorizes the applicant to engage in the practice

2-43  of ophthalmic dispensing[,] and must at all times be conspicuously

3-1  displayed at the holder’s place of practice. The license is not

3-2  transferable by the holder. [A separate license is required before the

3-3  dispensing optician may fit contact lenses.]

3-4  2.  The Board may, upon application and the payment of a fee

3-5  not to exceed $100, issue one duplicate license.

3-6  Sec. 5.  NRS 637.135 is hereby amended to read as follows:

3-7  637.135  1.  Except as otherwise provided in subsection 2, all

3-8  licensed dispensing opticians must complete a yearly program of

3-9  continuing education in ophthalmic dispensing.

3-10      2.  Licensed dispensing opticians on active military service are

3-11  exempt from the requirement of this section.

3-12      3.  The program of continuing education in ophthalmic

3-13  dispensing must:

3-14      (a) Encompass such subjects as are established by regulations of

3-15  the Board.

3-16      (b) Consist of a minimum of 36 hours in a period of 36 months.

3-17      [4.  The Board shall require persons who are licensed to fit

3-18  contact lenses to obtain additional continuing education related to

3-19  that practice.]

3-20      Sec. 6.  NRS 637.170 is hereby amended to read as follows:

3-21      637.170  Any licensee whose license was revoked by the Board

3-22  may apply for a new license as provided in NRS 637.100 to

3-23  [637.122,] 637.120, inclusive, any time after the date of revocation.

3-24  The Board may consider such an application for licensure and may

3-25  grant it upon the applicant’s payment of a fee set by the Board to

3-26  cover the administrative costs of any investigation and hearing.

3-27      Sec. 7.  NRS 637.122 is hereby repealed.

3-28      Sec. 8.  A license issued pursuant to NRS 637.122 expires on

3-29  October 1, 2003, and must not be renewed.

 

3-30  TEXT OF REPEALED SECTION

 

3-31      637.122  Fitting of contact lenses: Licensing; training

3-32   permit; fees; restrictions.

3-33      1.  A dispensing optician shall not fit contact lenses unless he is

3-34   licensed to do so pursuant to this section.

3-35      2.  The Board shall issue a license containing an authorization

3-36   for its holder to fit contact lenses to any licensed dispensing

3-37   optician whose license has been issued by this Board and:

3-38      (a) Who has successfully completed a course of instruction on

3-39   the fitting of contact lenses at a school which offers a degree of

3-40   associate in applied science for studies in ophthalmic dispensing

3-41   and

4-1  who has passed the Contact Lens Registry Examination of the

4-2  National Committee of Contact Lens Examiners; or

4-3  (b) Who has completed at least 1 year of training and experience

4-4   in the fitting of contact lenses under the supervision of a licensed

4-5   dispensing optician licensed to fit contact lenses, a physician

4-6   specialized in treatment of the eye, or an optometrist, and has

4-7   passed the Contact Lens Registry Examination of the National

4-8   Committee of Contact Lens Examiners and the contact lens

4-9   practical examination of the Board.

4-10  A license to fit contact lenses is effective for 1 year but may be

4-11   renewed.

4-12      3.  The Board may charge a fee of not more than $250 for its

4-13   initial issuance of a license to fit contact lenses and $250 for an

4-14   annual renewal of such a license.

4-15      4.  An applicant who desires to qualify by obtaining 1 year of

4-16   training and experience must first apply to the Board for a training

4-17   license. The Board shall fix a fee of not more than $150 for the

4-18   training license. The license must be conspicuously displayed at the

4-19   place of training. The year of training and experience must consist

4-20   of not less than 1,000 hours of experience in fitting and adapting

4-21   contact lenses, verification and interpretation of prescriptions for

4-22   contact lenses, and in other aspects of the practice and theory of

4-23   fitting contact lenses.

4-24      5.  The Board may issue a training license for the fitting of

4-25   contact lenses to a licensed apprentice dispensing optician to run

4-26   concurrently with his permit to serve as an apprentice dispensing

4-27   optician.

4-28      6.  The Board may issue a training license, to be effective for

4-29   not more than 2 years, to a licensed dispensing optician who is not

4-30   licensed to fit contact lenses in order that he may train in the fitting

4-31   of such lenses.

4-32      7.  A dispensing optician:

4-33      (a) May fit contact lenses only pursuant to a written prescription

4-34   specifying contact lenses.

4-35      (b) Shall direct the patient to return to the prescriber for

4-36   checking the fit and accuracy of the lenses.

 

4-37  H