requires two-thirds majority vote (§§ 2, 3, 9, 18)                                                                                                  

                                                                                                  

 

Assembly Bill No. 452–Committee on
Commerce and Labor

 

(On Behalf of the State Board of Dispensing Opticians)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes regarding dispensing opticians. (BDR 54‑541)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to dispensing opticians; permitting the Board of Dispensing Opticians to investigate complaints of unlicensed activity and to issue certain orders and impose administrative fines regarding such activity; providing for administrative fines for certain employers of persons who violate statutory provisions relating to dispensing opticians; providing for one license for dispensing opticians that would authorize the licensee to engage in all activities reserved for dispensing opticians, including those relating to contact lenses; providing for a limited license for existing dispensing opticians who are not authorized to provide contact lenses; eliminating the program for apprentice dispensing opticians; requiring all applicants for licensure as a dispensing optician to successfully complete a specified course of study; providing an exemption from the licensure requirement for certain students practicing ophthalmic dispensing under the direct supervision of a licensed and approved dispensing optician, optometrist or ophthalmologist; revising fees for issuance and renewal of certain licenses; revising continuing education requirements for licensees; repealing the provision limiting the definition of person to a natural person for the purposes of regulating dispensing

opticians; 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 637 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  1.  Except as otherwise provided in this section, a

1-4  limited license as a dispensing optician authorizes the licensee to

1-5  engage in the practice of ophthalmic dispensing pursuant to this

1-6  chapter.

1-7  2.  Only a person who is deemed to have an active, inactive or

1-8  delinquent limited license as a dispensing optician on February 1,

1-9  2006, may have a limited license as a dispensing optician. A

1-10  limited license as a dispensing optician may not be issued to any

1-11  other person.

1-12      3.  A person practicing ophthalmic dispensing pursuant to a

1-13  limited license:

1-14      (a) Except as otherwise provided in this section, is subject to

1-15  the provisions of this chapter in the same manner as a person

1-16  practicing ophthalmic dispensing pursuant to a license issued

1-17  pursuant to NRS 637.122, including, without limitation, the

1-18  provisions of this chapter governing the renewal or reactivation of

1-19  a license; and

1-20      (b) Shall not sell, furnish or fit contact lenses.

1-21      4.  A limited license as a dispensing optician:

1-22      (a) Expires on January 31 of each year.

1-23      (b) May be renewed before its expiration upon:

1-24          (1) Presentation of proof of completion of the continuing

1-25  education required by this section; and

1-26          (2) Payment of a renewal fee set by the Board of not more

1-27  than $200.

1-28      (c) Except as otherwise provided in subsection 5, is delinquent

1-29  if it is not renewed before January 31 of each year. Such a

1-30  delinquent limited license may be reinstated, at the discretion of

1-31  the Board, upon payment of each applicable annual renewal fee in

1-32  addition to the annual delinquency fee set by the Board of not

1-33  more than $500.

1-34      5.  Upon written request to the Board, and payment of a fee

1-35  not to exceed $300, a licensee in good standing may have his name

1-36  and limited license as a dispensing optician transferred to an

1-37  inactive list. Such a licensee shall not practice ophthalmic

1-38  dispensing during the time the limited license is inactive. If an

1-39  inactive licensee desires to resume the practice of ophthalmic

2-1  dispensing as limited by this section, the Board shall reactivate the

2-2  limited license upon:

2-3  (a) If deemed necessary by the Board, the demonstration by

2-4  the licensee that the licensee is then qualified and competent to

2-5  practice;

2-6  (b) The completion of an application; and

2-7  (c) Payment of the renewal fee set by the Board pursuant to

2-8  subsection 4.

2-9  6.  To reactivate a limited license as a dispensing optician

2-10  pursuant to subsection 5, an inactive licensee is not required to

2-11  pay the delinquency fee and the renewal fee for any year while the

2-12  license was inactive.

2-13      7.  Except as otherwise provided in subsection 8, each person

2-14  with a limited license as a dispensing optician must complete

2-15  courses of continuing education in ophthalmic dispensing each

2-16  year. Such continuing education must:

2-17      (a) Encompass such subjects as are established by regulations

2-18  of the Board.

2-19      (b) Consist of a minimum of 12 hours for a period of 12

2-20  months.

2-21      8.  A person with a limited license as a dispensing optician

2-22  who is on active military service is exempt from the requirements

2-23  of subsection 7.

2-24      9.  The Board shall adopt any regulations necessary to carry

2-25  out the provisions of this section.

2-26      Sec. 3.  1.  The Board shall conduct an investigation if it

2-27  receives a complaint that sets forth reason to believe that a person,

2-28  without the proper license, is engaging in an activity for which a

2-29  license is required pursuant to this chapter. The complaint must

2-30  be:

2-31      (a) Made in writing; and

2-32      (b) Signed and verified by the person filing the complaint.

2-33      2.  If the Board determines that a person, without the proper

2-34  license, is engaging in an activity for which a license is required

2-35  pursuant to this chapter, the Board shall issue and serve on the

2-36  person an order to cease and desist engaging in the activity until

2-37  such time as the person obtains the proper license from the Board.

2-38      3.  If a person upon whom an order to cease and desist is

2-39  served does not comply with the order within 30 days after service,

2-40  the Board shall, after notice and opportunity for a hearing, impose

2-41  upon the person an administrative fine of not more than $10,000.

2-42  The imposition of an administrative fine is a final decision for the

2-43  purposes of judicial review.

2-44      4.  An administrative fine imposed pursuant to this section is

2-45  in addition to any other penalty provided in this chapter.

3-1  Sec. 4.  1.  The Board may impose an administrative fine of

3-2  not more than $10,000 upon a person, without regard to whether

3-3  the person is licensed pursuant to this chapter, if:

3-4  (a) An employee of the person, in the course of his

3-5  employment, violated a provision of this chapter or the regulations

3-6  adopted pursuant thereto; and

3-7  (b) It appears that the person knew or should have known of

3-8  the violation described in subsection 1 on the part of his employee.

3-9  For the purposes of this subsection, a pattern of activity shown to

3-10  have been persistently and consistently followed by an employee

3-11  constitutes prima facie evidence of such knowledge on the part of

3-12  the employer.

3-13      2.  The Board may impose an administrative fine pursuant to

3-14  this section for each act or violation by each employee of the

3-15  person.

3-16      Sec. 5.  NRS 637.022 is hereby amended to read as follows:

3-17      637.022  “Ophthalmic dispensing” means the design,

3-18  verification and delivery to the intended wearer of lenses, frames

3-19  and other specially fabricated optical devices upon prescription. The

3-20  term includes:

3-21      1.  The taking of measurements to determine the size, shape and

3-22  specifications of the lenses, frames or contact lenses;

3-23      2.  The preparation and delivery of work orders to laboratory

3-24  technicians engaged in grinding lenses and fabricating eyewear;

3-25      3.  The verification of the quality of finished ophthalmic

3-26  products;

3-27      4.  The adjustment of lenses or frames to the intended wearer’s

3-28  face or eyes;

3-29      5.  The adjustment, replacement, repair and reproduction of

3-30  previously prepared ophthalmic lenses, frames or other specially

3-31  fabricated ophthalmic devices; and

3-32      6.  The fitting of contact lenses pursuant to a written

3-33  prescription . [by a dispensing optician who has been licensed

3-34  pursuant to NRS 637.122 to do so.]

3-35      Sec. 6.  NRS 637.090 is hereby amended to read as follows:

3-36      637.090  [A]

3-37      1.  Except as otherwise provided in this section, a person shall

3-38  not engage in the practice of ophthalmic dispensing or manage a

3-39  business engaged in ophthalmic dispensing without holding a valid,

3-40  active license issued as provided by this chapter.

3-41      2.  A person may practice ophthalmic dispensing if:

3-42      (a) He is enrolled as a student in a course of study for

3-43  ophthalmic dispensing at a school which offers a degree of

3-44  associate in applied science for studies in ophthalmic dispensing;

4-1  (b) He practices ophthalmic dispensing under the direct

4-2  supervision of a licensed dispensing optician, licensed optometrist

4-3  or licensed ophthalmologist; and

4-4  (c) The licensed dispensing optician, licensed optometrist or

4-5  licensed ophthalmologist providing direct supervision pursuant to

4-6  this section is approved by the Board to provide such direct

4-7  supervision.

4-8  Sec. 7.  NRS 637.100 is hereby amended to read as follows:

4-9  637.100  A candidate, in order to qualify for examination and

4-10  licensing as a dispensing optician, must furnish proof that he:

4-11      1.  Is at least 18 years of age.

4-12      2.  Is of good moral character.

4-13      3.  Is a citizen of the United States, or is lawfully entitled to

4-14  remain and work in the United States.

4-15      4.  Is a graduate of an accredited high school or its equivalent.

4-16      5.  Has passed the examination of the American Board of

4-17  Opticianry and has[:

4-18      (a) Served as an apprentice for not less than 3 years’ full-time

4-19  employment in an optical establishment where prescriptions for

4-20  spectacles or contact lenses from given formulae are filled, has

4-21  acquired experience in optical technology and has had 1 year of

4-22  experience in ophthalmic dispensing under the direct supervision of

4-23  a licensed dispensing optician or licensed optometrist, and has

4-24  passed the career progression program of the National Academy of

4-25  Opticianry or an equivalent program accepted by the Board; or

4-26      (b) Successfully] successfully completed a course of study in a

4-27  school which offers a degree of associate in applied science for

4-28  studies in ophthalmic dispensing . [and has had 1 year of ophthalmic

4-29  experience under the supervision of a licensed dispensing optician

4-30  or licensed optometrist.]

4-31      Sec. 8.  NRS 637.110 is hereby amended to read as follows:

4-32      637.110  1.  An application for the issuance of a license as a

4-33  dispensing optician [or apprentice dispensing optician must include

4-34  the social security number of the applicant.

4-35      2.  An application] must be accompanied by[:

4-36      (a) The statement required pursuant to NRS 637.113;

4-37      (b) A] a fee of not more than $250 to cover the cost of the

4-38  examination by the Board and the initial licensing.

4-39      [3.] 2. The Board shall, if it approves an application, examine

4-40  the applicant in ophthalmic dispensing, except that the Board may

4-41  waive the examination of an applicant who is, at the time of

4-42  application, licensed as a dispensing optician in another state.

4-43      [4.] 3. To pass the examination, an applicant must achieve a

4-44  score of at least 70 percent.

 

5-1  Sec. 9.  NRS 637.110 is hereby amended to read as follows:

5-2  637.110  1.  An application for the issuance of a license as a

5-3  dispensing optician must be accompanied by a fee of not more than

5-4  [$250] $500 to cover the cost of the examination by the Board and

5-5  the initial licensing.

5-6  2.  The Board shall, if it approves an application, examine the

5-7  applicant in ophthalmic dispensing, except that the Board may

5-8  waive the examination of an applicant who is, at the time of

5-9  application, licensed as a dispensing optician in another state.

5-10      3.  To pass the examination, an applicant must achieve a score

5-11  of at least 70 percent.

5-12      Sec. 10.  NRS 637.113 is hereby amended to read as follows:

5-13      637.113  1.  [An] In addition to any other requirement for

5-14  the issuance or renewal of a license issued pursuant to this

5-15  chapter, an applicant for the issuance or renewal of [a license as a

5-16  dispensing optician or apprentice dispensing optician] the license

5-17  shall submit to the Board the statement prescribed by the Welfare

5-18  Division of the Department of Human Resources pursuant to NRS

5-19  425.520. The statement must be completed and signed by the

5-20  applicant.

5-21      2.  In addition to any other requirement for the issuance of a

5-22  license issued pursuant to this chapter, an applicant for the

5-23  issuance of the license must include his social security number in

5-24  his application.

5-25      3.  The Board shall include the statement required pursuant to

5-26  subsection 1 in:

5-27      (a) The application or any other forms that must be submitted

5-28  for the issuance or renewal of the license; or

5-29      (b) A separate form prescribed by the Board.

5-30      [3.  A license as a dispensing optician or apprentice dispensing

5-31  optician]

5-32      4.  The license may not be issued or renewed by the Board if

5-33  the applicant:

5-34      (a) Fails to submit the statement required pursuant to subsection

5-35  1; or

5-36      (b) Indicates on the statement submitted pursuant to subsection

5-37  1 that he is subject to a court order for the support of a child and is

5-38  not in compliance with the order or a plan approved by the district

5-39  attorney or other public agency enforcing the order for the

5-40  repayment of the amount owed pursuant to the order.

5-41      [4.] 5. If an applicant indicates on the statement submitted

5-42  pursuant to subsection 1 that he is subject to a court order for the

5-43  support of a child and is not in compliance with the order or a plan

5-44  approved by the district attorney or other public agency enforcing

5-45  the order for the repayment of the amount owed pursuant to the

6-1  order, the Board shall advise the applicant to contact the district

6-2  attorney or other public agency enforcing the order to determine the

6-3  actions that the applicant may take to satisfy the arrearage.

6-4  Sec. 11.  NRS 637.120 is hereby amended to read as follows:

6-5  637.120  1.  [An applicant successfully completing the

6-6  examination must be issued a] A license as a dispensing optician

6-7  issued by the Board[. The license] pursuant to NRS 637.122

6-8  authorizes the applicant to engage in the practice of ophthalmic

6-9  dispensing, and must at all times be conspicuously displayed at the

6-10  holder’s place of practice. The license is not transferable by the

6-11  holder. [A separate license is required before the dispensing optician

6-12  may fit contact lenses.]

6-13      2.  The Board may, upon application and the payment of a fee

6-14  not to exceed $100, issue one duplicate license.

6-15      Sec. 12.  NRS 637.122 is hereby amended to read as follows:

6-16      637.122  1.  [A dispensing optician shall not fit contact lenses

6-17  unless he is licensed to do so pursuant to this section.

6-18      2.  The Board shall issue a license containing an authorization

6-19  for its holder to fit contact lenses to any licensed dispensing optician

6-20  whose license has been issued by this Board and:

6-21      (a) Who has successfully completed] An applicant must be

6-22  issued a license as a dispensing optician by the Board if the

6-23  applicant:

6-24      (a) Satisfies the requirements set forth in NRS 637.100;

6-25      (b) Successfully completes the examination set forth in NRS

6-26  637.110, unless the Board waives the examination; and

6-27      (c) Satisfies the requirements set forth in this section.

6-28      2.  To qualify for licensing as a dispensing optician, an

6-29  applicant must successfully complete a course of instruction on the

6-30  fitting of contact lenses at a school which offers a degree of

6-31  associate in applied science for studies in ophthalmic dispensing and

6-32  who has passed the Contact Lens Registry Examination of the

6-33  National Committee of Contact Lens Examiners . [; or

6-34      (b) Who has completed at least 1 year of training and experience

6-35  in the fitting of contact lenses under the supervision of a licensed

6-36  dispensing optician licensed to fit contact lenses, a physician

6-37  specialized in treatment of the eye, or an optometrist, and has passed

6-38  the Contact Lens Registry Examination of the National Committee

6-39  of Contact Lens Examiners and the contact lens practical

6-40  examination of the Board.

6-41  A license to fit contact lenses is effective for 1 year but may be

6-42  renewed.

6-43      3.  The Board may charge a fee of not more than $250 for its

6-44  initial issuance of a license to fit contact lenses and $250 for an

6-45  annual renewal of such a license.

7-1  4.  An applicant who desires to qualify by obtaining 1 year of

7-2  training and experience must first apply to the Board for a training

7-3  license. The Board shall fix a fee of not more than $150 for the

7-4  training license. The license must be conspicuously displayed at the

7-5  place of training. The year of training and experience must consist

7-6  of not less than 1,000 hours of experience in fitting and adapting

7-7  contact lenses, verification and interpretation of prescriptions for

7-8  contact lenses, and in other aspects of the practice and theory of

7-9  fitting contact lenses.

7-10      5.  The Board may issue a training license for the fitting of

7-11  contact lenses to a licensed apprentice dispensing optician to run

7-12  concurrently with his permit to serve as an apprentice dispensing

7-13  optician.

7-14      6.  The Board may issue a training license, to be effective for

7-15  not more than 2 years, to a licensed dispensing optician who is not

7-16  licensed to fit contact lenses in order that he may train in the fitting

7-17  of such lenses.

7-18      7.] 3.  A dispensing optician:

7-19      (a) May fit contact lenses only pursuant to a written prescription

7-20  specifying contact lenses.

7-21      (b) Shall direct the patient to return to the prescriber for

7-22  checking the fit and accuracy of the lenses.

7-23      Sec. 13.  NRS 637.123 is hereby amended to read as follows:

7-24      637.123  1.  The license of each apprentice dispensing optician

7-25  must expire on January 31 of each year. [A] Except as otherwise

7-26  provided in subsection 4, a license may be renewed before

7-27  expiration upon [submission of the statement required pursuant to

7-28  NRS 637.113 and] payment of the annual renewal fee set by the

7-29  Board, not to exceed $200.

7-30      2.  The license of an apprentice dispensing optician that is not

7-31  renewed before January 31 is delinquent. [A] Except as otherwise

7-32  provided in subsection 4, a delinquent license may be reinstated at

7-33  the discretion of the Board upon [submission of the statement

7-34  required pursuant to NRS 637.113 and] payment of each applicable

7-35  annual renewal fee and an annual delinquency fee established by the

7-36  Board, not to exceed $100.

7-37      3.  The Board may by regulation require continuing education

7-38  as a prerequisite to the renewal of the license of an apprentice

7-39  dispensing optician.

7-40      4.  The license of an apprentice dispensing optician must not

7-41  be renewed or reinstated for any period after January 31, 2006.

7-42      Sec. 14.  NRS 637.125 is hereby amended to read as follows:

7-43      637.125  1.  A licensed dispensing optician may employ any

7-44  person to perform the services of a dispensing optician if the person

7-45  is licensed by the Board as an apprentice dispensing optician.

8-1  2.  A licensed dispensing optician shall:

8-2  (a) Supervise all work done by an apprentice dispensing

8-3  optician.

8-4  (b) Be in attendance whenever an apprentice dispensing optician

8-5  is engaged in ophthalmic dispensing.

8-6  (c) Post the license of the apprentice dispensing optician in a

8-7  conspicuous place where the apprentice works.

8-8  3.  A licensed dispensing optician may not have under his

8-9  supervision more than two licensed apprentice dispensing opticians

8-10  at any one time.

8-11      4.  The Board may require a fee of not more than $250 for the

8-12  licensure of an apprentice dispensing optician.

8-13      5.  A licensed dispensing optician may employ persons to assist

8-14  in consulting on optical fashions . [and in making optical repairs,

8-15  and these] Such persons need not be licensed as apprentices.

8-16      Sec. 15.  NRS 637.125 is hereby amended to read as follows:

8-17      637.125  [1.  A licensed dispensing optician may employ any

8-18  person to perform the services of a dispensing optician if the person

8-19  is licensed by the Board as an apprentice dispensing optician.

8-20      2.  A licensed dispensing optician shall:

8-21      (a) Supervise all work done by an apprentice dispensing

8-22  optician.

8-23      (b) Be in attendance whenever an apprentice dispensing optician

8-24  is engaged in ophthalmic dispensing.

8-25      (c) Post the license of the apprentice dispensing optician in a

8-26  conspicuous place where the apprentice works.

8-27      3.  A licensed dispensing optician may not have under his

8-28  supervision more than two licensed apprentice dispensing opticians

8-29  at any one time.

8-30      4.  The Board may require a fee of not more than $250 for the

8-31  licensure of an apprentice dispensing optician.

8-32      5.] A licensed dispensing optician may employ persons to

8-33  assist in consulting on optical fashions. Such persons need not be

8-34  licensed [as apprentices.] pursuant to this chapter.

8-35      Sec. 16.  NRS 637.135 is hereby amended to read as follows:

8-36      637.135  1.  Except as otherwise provided in subsection 2, all

8-37  licensed dispensing opticians must complete a yearly program of

8-38  continuing education in ophthalmic dispensing.

8-39      2.  Licensed dispensing opticians on active military service are

8-40  exempt from the requirement of this section.

8-41      3.  The program of continuing education in ophthalmic

8-42  dispensing must:

8-43      (a) Encompass such subjects as are established by regulations of

8-44  the Board.

9-1  (b) Consist of a minimum of [36] 14 hours [in] for a period of

9-2  [36] 12 months.

9-3  [4.  The Board shall require persons who are licensed to fit

9-4  contact lenses to obtain additional continuing education related to

9-5  that practice.] Of these 14 hours, 7 hours must be related to contact

9-6  lenses.

9-7  Sec. 17.  NRS 637.140 is hereby amended to read as follows:

9-8  637.140  1.  A license as a dispensing optician issued under

9-9  the provisions of this chapter expires on January 31 of each year.

9-10      2.  A license may be renewed before its expiration upon:

9-11      (a) Presentation of proof of completion of the continuing

9-12  education required by NRS 637.135; and

9-13      (b) [Submission of the statement required pursuant to NRS

9-14  637.113; and

9-15      (c)] Payment of a renewal fee set by the Board of not more than

9-16  $200.

9-17      3.  Except as otherwise provided in subsection 4, any license

9-18  which is not renewed before January 31 of each year shall be

9-19  deemed delinquent. A delinquent license may be reinstated, at the

9-20  discretion of the Board, upon payment of each applicable annual

9-21  renewal fee in addition to the annual delinquency fee set by the

9-22  Board of not more than $500.

9-23      4.  Upon written request to the Board, and payment of a fee not

9-24  to exceed $150, a licensee in good standing may have his name and

9-25  license transferred to an inactive list. Such a licensee shall not

9-26  practice ophthalmic dispensing during the time the license is

9-27  inactive. If an inactive licensee desires to resume the practice of

9-28  ophthalmic dispensing, the Board shall reactivate the license upon

9-29  the:

9-30      (a) Demonstration if deemed necessary by the Board that the

9-31  licensee is then qualified and competent to practice;

9-32      (b) Completion of an application; and

9-33      (c) [Submission of the statement required pursuant to NRS

9-34  637.113; and

9-35      (d)] Payment of the [current fee for renewal of the license.]

9-36  renewal fee set by the Board pursuant to subsection 2.

9-37  Payment of the delinquency fee and the renewal fee for any year

9-38  while the license was inactive is not required.

9-39      Sec. 18.  NRS 637.140 is hereby amended to read as follows:

9-40      637.140  1.  A license as a dispensing optician issued under

9-41  the provisions of this chapter expires on January 31 of each year.

9-42      2.  A license may be renewed before its expiration upon:

9-43      (a) Presentation of proof of completion of the continuing

9-44  education required by NRS 637.135; and

10-1      (b) Payment of a renewal fee set by the Board of not more than

10-2  [$200.] $500.

10-3      3.  Except as otherwise provided in subsection 4, any license

10-4  which is not renewed before January 31 of each year shall be

10-5  deemed delinquent. A delinquent license may be reinstated, at the

10-6  discretion of the Board, upon payment of each applicable annual

10-7  renewal fee in addition to the annual delinquency fee set by the

10-8  Board of not more than $500.

10-9      4.  Upon written request to the Board, and payment of a fee not

10-10  to exceed [$150,] $300, a licensee in good standing may have his

10-11  name and license transferred to an inactive list. Such a licensee shall

10-12  not practice ophthalmic dispensing during the time the license is

10-13  inactive. If an inactive licensee desires to resume the practice of

10-14  ophthalmic dispensing, the Board shall reactivate the license upon

10-15  the:

10-16     (a) Demonstration if deemed necessary by the Board that the

10-17  licensee is then qualified and competent to practice;

10-18     (b) Completion of an application; and

10-19     (c) Payment of the renewal fee set by the Board pursuant to

10-20  subsection 2.

10-21  Payment of the delinquency fee and the renewal fee for any year

10-22  while the license was inactive is not required.

10-23     Sec. 19.  NRS 637.153 is hereby amended to read as follows:

10-24     637.153  1.  If the Board receives a copy of a court order

10-25  issued pursuant to NRS 425.540 that provides for the suspension of

10-26  all professional, occupational and recreational licenses, certificates

10-27  and permits issued to a person who is licensed [as a dispensing

10-28  optician or apprentice dispensing optician,] pursuant to this

10-29  chapter, the Board shall deem the license issued to that person to be

10-30  suspended at the end of the 30th day after the date on which the

10-31  court order was issued unless the Board receives a letter issued to

10-32  the holder of the license by the district attorney or other public

10-33  agency pursuant to NRS 425.550 stating that the holder of the

10-34  license has complied with the subpoena or warrant or has satisfied

10-35  the arrearage pursuant to NRS 425.560.

10-36     2.  The Board shall reinstate a license [as a dispensing optician

10-37  or apprentice dispensing optician] issued pursuant to this chapter

10-38  that has been suspended by a district court pursuant to NRS 425.540

10-39  if the Board receives a letter issued by the district attorney or other

10-40  public agency pursuant to NRS 425.550 to the person whose license

10-41  was suspended stating that the person whose license was suspended

10-42  has complied with the subpoena or warrant or has satisfied the

10-43  arrearage pursuant to NRS 425.560.

 

 

11-1      Sec. 20.  Section 518 of chapter 483, Statutes of Nevada 1997,

11-2  at page 2211, is hereby amended to read as follows:

11-3      Sec. 518.  The amendatory provisions of sections 1 to 4,

11-4  inclusive, [and] 6 to 317, inclusive, and 321 to 516, inclusive,

11-5  of this act expire by limitation on the date on which the

11-6  provisions of 42 U.S.C. § 666 requiring each state to establish

11-7  procedures under which the state has authority to withhold or

11-8  suspend, or to restrict the use of professional, occupational

11-9  and recreational licenses of persons who:

11-10     1.  Have failed to comply with a subpoena or warrant

11-11  relating to a proceeding to determine the paternity of a child

11-12  or to establish or enforce an obligation for the support of a

11-13  child; or

11-14     2.  Are in arrears in the payment for the support of one or

11-15  more children,

11-16  are repealed by the Congress of the United States.

11-17     Sec. 21.  NRS 637.0225 is hereby repealed.

11-18     Sec. 22.  1.  The Board of Dispensing Opticians shall not:

11-19     (a) Accept or approve an application for the issuance of a license

11-20  as an apprentice dispensing optician if the application is submitted

11-21  to the Board after the effective date of this section.

11-22     (b) Renew, reinstate or reactivate the license of any apprentice

11-23  dispensing optician for any period after January 31, 2006.

11-24     2.  If, on or before January 31, 2006, the Board of Dispensing

11-25  Opticians receives an application for a license:

11-26     (a) Pursuant to NRS 637.120, and the Board of Dispensing

11-27  Opticians has not issued the license on or before January 31, 2006,

11-28  the Board of Dispensing Opticians shall not approve the application.

11-29     (b) Pursuant to NRS 637.122, and the Board of Dispensing

11-30  Opticians has not issued the license on or before January 31, 2006,

11-31  the Board of Dispensing Opticians shall treat the application as an

11-32  application for a license pursuant to NRS 637.122 as amended by

11-33  section 12 of this act.

11-34     3.  A license issued pursuant to NRS 637.120 on or before

11-35  January 31, 2006, to a person who, on January 31, 2006, is licensed

11-36  pursuant to NRS 637.120 but not pursuant to NRS 637.122 shall, on

11-37  and after February 1, 2006, be deemed to be a limited license

11-38  governed by section 2 of this act. Such a limited license must be

11-39  deemed to be an active limited license, inactive limited license or

11-40  delinquent limited license, as appropriate.

11-41     4.  A license issued pursuant to NRS 637.120 on or before

11-42  January 31, 2006, to a person who, on January 31, 2006, is licensed

11-43  pursuant to NRS 637.120 and pursuant to NRS 637.122 shall, on

11-44  and after February 1, 2006, be void.

12-1      5.  A license issued pursuant to NRS 637.122 on or before

12-2  January 31, 2006, shall, on and after February 1, 2006, be deemed to

12-3  be a license issued pursuant to NRS 637.122 as amended by section

12-4  12 of this act. Such a license must be deemed to be an active license,

12-5  inactive license or delinquent license, as appropriate.

12-6      Sec. 23.  1.  This section and sections 1, 3, 4, 6, 8, 10, 13, 14,

12-7  17 and 19 to 22, inclusive, of this act become effective upon passage

12-8  and approval.

12-9      2.  Sections 2, 5, 7, 9, 11, 12, 15, 16 and 18 of this act become

12-10  effective on February 1, 2006.

12-11     3.  Sections 8, 13, 14 and 17 of this bill expire by limitation on

12-12  January 31, 2006.

12-13     4.  Sections 10 and 19 of this bill expire by limitation on the

12-14  date on which the provisions of 42 U.S.C. § 666 requiring each state

12-15  to establish procedures under which the state has authority to

12-16  withhold or suspend, or to restrict the use of professional,

12-17  occupational and recreational licenses of persons who:

12-18     (a) Have failed to comply with a subpoena or warrant relating to

12-19  a proceeding to determine the paternity of a child or to establish or

12-20  enforce an obligation for the support of a child; or

12-21     (b) Are in arrears in the payment for the support of one or more

12-22  children,

12-23  are repealed by the Congress of the United States.

 

12-24  TEXT OF REPEALED SECTION

 

12-25     637.0225  “Person” defined. “Person” is limited to a natural

12-26   person.

 

12-27  H