AB452_R2

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.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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 persons who violate certain provisions relating to ophthalmic dispensing; 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; revising various provisions relating to apprentice dispensing opticians; revising the applicability of the provisions regulating dispensing opticians; 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:

2-1 Section 1. Chapter 637 of NRS is hereby amended by adding

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

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

2-4 limited license as a dispensing optician authorizes the licensee to

2-5 engage in the practice of ophthalmic dispensing pursuant to this

2-6 chapter.

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

2-8 delinquent limited license as a dispensing optician on February 1,

2-9 2004, may hold a limited license as a dispensing optician. A

2-10 limited license as a dispensing optician may not be issued to any

2-11 other person.

2-12 3. A person practicing ophthalmic dispensing pursuant to a

2-13 limited license:

2-14 (a) Except as otherwise provided in this section, is subject to

2-15 the provisions of this chapter in the same manner as a person

2-16 practicing ophthalmic dispensing pursuant to a license issued

2-17 pursuant to NRS 637.120, including, without limitation, the

2-18 provisions of this chapter governing the renewal or reactivation of

2-19 a license; and

2-20 (b) Shall not sell, furnish or fit contact lenses.

2-21 4. A limited license as a dispensing optician:

2-22 (a) Expires on January 31 of each year.

2-23 (b) May be renewed before its expiration upon:

2-24 (1) Presentation of proof of completion of the continuing

2-25 education required by this section; and

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

2-27 than $200.

2-28 (c) Except as otherwise provided in subsection 5, is delinquent

2-29 if it is not renewed before January 31 of each year. Such a

2-30 delinquent limited license may be reinstated, at the discretion of

2-31 the Board, upon payment of each applicable annual renewal fee in

2-32 addition to the annual delinquency fee set by the Board of not

2-33 more than $500.

2-34 5. Upon written request to the Board, and payment of a fee

2-35 not to exceed $300, a licensee in good standing may have his name

2-36 and limited license as a dispensing optician transferred to an

2-37 inactive list. Such a licensee shall not practice ophthalmic

2-38 dispensing during the time the limited license is inactive. If an

2-39 inactive licensee desires to resume the practice of ophthalmic

2-40 dispensing as limited by this section, the Board shall reactivate the

2-41 limited license upon:

2-42 (a) If deemed necessary by the Board, the demonstration by

2-43 the licensee that the licensee is then qualified and competent to

2-44 practice;

2-45 (b) The completion of an application; and

3-1 (c) Payment of the renewal fee set by the Board pursuant to

3-2 subsection 4.

3-3 6. To reactivate a limited license as a dispensing optician

3-4 pursuant to subsection 5, an inactive licensee is not required to

3-5 pay the delinquency fee and the renewal fee for any year while the

3-6 license was inactive.

3-7 7. Except as otherwise provided in subsection 8, each person

3-8 with a limited license as a dispensing optician must complete

3-9 courses of continuing education in ophthalmic dispensing each

3-10 year. Such continuing education must:

3-11 (a) Encompass such subjects as are established by regulations

3-12 of the Board.

3-13 (b) Consist of a minimum of 12 hours for a period of 12

3-14 months.

3-15 8. A person with a limited license as a dispensing optician

3-16 who is on active military service is exempt from the requirements

3-17 of subsection 7.

3-18 9. The Board shall adopt any regulations necessary to carry

3-19 out the provisions of this section.

3-20 Sec. 3. 1. The Board shall conduct an investigation if it

3-21 receives a complaint that sets forth reason to believe that a person,

3-22 without the proper license, is engaging in an activity for which a

3-23 license is required pursuant to this chapter. The complaint must

3-24 be:

3-25 (a) Made in writing; and

3-26 (b) Signed and verified by the person filing the complaint.

3-27 2. If the Board determines that a person, without the proper

3-28 license, is engaging in an activity for which a license is required

3-29 pursuant to this chapter, the Board shall issue and serve on the

3-30 person an order to cease and desist engaging in the activity until

3-31 such time as the person obtains the proper license from the Board.

3-32 3. If a person upon whom an order to cease and desist is

3-33 served does not comply with the order within 30 days after service,

3-34 the Board shall, after notice and opportunity for a hearing, impose

3-35 upon the person an administrative fine of not more than $10,000.

3-36 The imposition of an administrative fine is a final decision for the

3-37 purposes of judicial review.

3-38 4. An administrative fine imposed pursuant to this section is

3-39 in addition to any other penalty provided in this chapter.

3-40 Sec. 4. 1. The Board may impose an administrative fine

3-41 against a person who is not licensed pursuant to the provisions of

3-42 this chapter if:

3-43 (a) The person violates any provision of NRS 637.125 or any

3-44 regulation adopted by the Board to carry out the provisions of that

3-45 section; or

4-1 (b) The person employs a dispensing optician, apprentice

4-2 dispensing optician or other person and the dispensing optician,

4-3 apprentice dispensing optician or other person, in the course of

4-4 his employment or apprenticeship, violates any provision of NRS

4-5 637.125 or any regulation adopted by the Board to carry out the

4-6 provisions of that section.

4-7 2. The Board may impose a separate administrative fine

4-8 against the person for each act that constitutes a separate

4-9 violation.

4-10 3. In the first administrative proceeding brought against the

4-11 person pursuant to this section, the Board may impose, for each

4-12 act that constitutes a separate violation, an administrative fine of

4-13 not more than $1,000.

4-14 4. In the second and any subsequent administrative

4-15 proceeding brought against the person pursuant to this section,

4-16 the Board may impose, for each act that constitutes a separate

4-17 violation, an administrative fine of not more than $5,000.

4-18 Sec. 5. NRS 637.022 is hereby amended to read as follows:

4-19 637.022 1. “Ophthalmic dispensing” means the design,

4-20 verification and delivery to the intended wearer of lenses, frames

4-21 and other specially fabricated optical devices upon prescription.

4-22 2. The term includes:

4-23 [1.] (a) The taking of measurements to determine the size,

4-24 shape and specifications of the lenses, frames or contact lenses;

4-25 [2.] (b) The preparation and delivery of work orders to

4-26 laboratory technicians engaged in grinding lenses and fabricating

4-27 eyewear;

4-28 [3.] (c) The verification of the quality of finished ophthalmic

4-29 products;

4-30 [4.] (d) The adjustment of lenses or frames to the intended

4-31 wearer’s face or eyes;

4-32 [5.] (e) The adjustment, replacement, repair and reproduction of

4-33 previously prepared ophthalmic lenses, frames or other specially

4-34 fabricated ophthalmic devices; and

4-35 [6.] (f) The fitting of contact lenses and the dispensing of

4-36 prepackaged contact lenses pursuant to a written prescription ,

4-37 when done by a dispensing optician or apprentice dispensing

4-38 optician who [has been licensed pursuant to NRS 637.122] is

4-39 authorized to do so [.] pursuant to the provisions of this chapter.

4-40 3. The term does not include any act for which a license is

4-41 required pursuant to chapter 630 or 636 of NRS, and the

4-42 provisions of this chapter do not authorize a dispensing optician or

4-43 apprentice dispensing optician to perform any such act.

4-44 Sec. 5.5. NRS 637.025 is hereby amended to read as follows:

4-45 637.025 [Nothing in this chapter shall be construed:

5-1 1. To apply to ophthalmic] The provisions of this chapter do

5-2 not apply to:

5-3 1. Ophthalmic dispensing personally by a licensed physician,

5-4 surgeon or optometrist unless exclusively engaged in the business of

5-5 filling prescriptions.

5-6 2. [To prohibit the] Ophthalmic dispensing by an employee of

5-7 a licensed physician, surgeon or optometrist if the employee

5-8 practices ophthalmic dispensing only under the direct supervision

5-9 of the licensed physician, surgeon or optometrist and only as an

5-10 assistant to the licensed physician, surgeon or optometrist.

5-11 3. A licensed pharmacist dispensing prepackaged contact

5-12 lenses pursuant to the provisions of NRS 639.2825.

5-13 4. The sale of goggles, sun glasses, colored glasses or

5-14 occupational protective eye devices not having a refractive value, or

5-15 the sale as merchandise of complete ready-to-wear eyeglasses.

5-16 Sec. 6. NRS 637.100 is hereby amended to read as follows:

5-17 637.100 [A candidate, in order to]

5-18 1. To qualify for examination and licensing as a dispensing

5-19 optician, an applicant must furnish proof that he:

5-20 [1.] (a) Is at least 18 years of age.

5-21 [2.] (b) Is of good moral character.

5-22 [3.] (c) Is a citizen of the United States, or is lawfully entitled to

5-23 remain and work in the United States.

5-24 [4.] (d) Is a graduate of an accredited high school or its

5-25 equivalent.

5-26 [5.] (e) Has passed the examination of the American Board of

5-27 Opticianry . [and has:

5-28 (a)] (f) Has done either of the following:

5-29 (1) Served as an apprentice dispensing optician for not less

5-30 than 3 [years’ full-time employment] years in an optical

5-31 establishment where prescriptions for spectacles or contact lenses

5-32 from given formulae are fitted and filled [, has acquired experience

5-33 in optical technology and has had 1 year of experience in

5-34 ophthalmic dispensing] under the direct supervision of a licensed

5-35 dispensing optician , licensed ophthalmologist or licensed

5-36 optometrist [,] for the purpose of acquiring experience in

5-37 ophthalmic dispensing and has passed [the career progression

5-38 program of the National Academy of Opticianry or an equivalent

5-39 program accepted] an educational program on the theory of

5-40 ophthalmic dispensing approved by the Board; or

5-41 [(b)] (2) Successfully completed a course of study in a school

5-42 which offers a degree of associate in applied science for studies in

5-43 ophthalmic dispensing approved by the Board and has had 1 year of

5-44 ophthalmic experience as an apprentice dispensing optician under

6-1 the direct supervision of a licensed dispensing optician , licensed

6-2 ophthalmologist or licensed optometrist.

6-3 (g) Has done all of the following:

6-4 (1) Successfully completed a course of instruction on the

6-5 fitting of contact lenses approved by the Board;

6-6 (2) Completed at least 100 hours of training and experience

6-7 in the fitting of and filling of prescriptions for contact lenses

6-8 under the direct supervision of a licensed dispensing optician

6-9 authorized to fit and fill prescriptions for contact lenses, a licensed

6-10 ophthalmologist or a licensed optometrist;

6-11 (3) Passed the Contact Lens Registry Examination of the

6-12 National Committee of Contact Lens Examiners; and

6-13 (4) Passed the practical examination on the fitting of and

6-14 filling of prescriptions for contact lenses adopted by the Board.

6-15 2. The Board shall adopt regulations to carry out the

6-16 provisions of this section, including, without limitation,

6-17 regulations that establish requirements for:

6-18 (a) The program of apprenticeship for apprentice dispensing

6-19 opticians;

6-20 (b) The training and experience of apprentice dispensing

6-21 opticians; and

6-22 (c) The issuance of licenses to apprentice dispensing opticians.

6-23 Sec. 7. NRS 637.110 is hereby amended to read as follows:

6-24 637.110 1. An application for the issuance of a license as [a

6-25 dispensing optician or] an apprentice dispensing optician must

6-26 [include the social security number of the applicant.] be

6-27 accompanied by a fee of not more than $250 to cover the costs of

6-28 the Board and the initial licensing.

6-29 2. An application for the issuance of a license as a dispensing

6-30 optician must be accompanied by [:

6-31 (a) The statement required pursuant to NRS 637.113;

6-32 (b) A] a fee of not more than $250 to cover the cost of the

6-33 examination by the Board and the initial licensing.

6-34 3. The Board shall, if it approves an application [,] for the

6-35 issuance of a license as a dispensing optician, examine the

6-36 applicant in ophthalmic dispensing, except that the Board may

6-37 waive the examination of an applicant who is, at the time of

6-38 application, licensed as a dispensing optician in another state.

6-39 4. To pass the examination [,] for the issuance of a license as

6-40 a dispensing optician, an applicant must achieve a score of at least

6-41 70 percent.

6-42 Sec. 8. NRS 637.110 is hereby amended to read as follows:

6-43 637.110 1. An application for the issuance of a license as an

6-44 apprentice dispensing optician must be accompanied by a fee of not

7-1 more than $250 to cover the costs of the Board and the initial

7-2 licensing.

7-3 2. An application for the issuance of a license as a dispensing

7-4 optician must be accompanied by a fee of not more than [$250]

7-5 $500 to cover the cost of the examination by the Board and the

7-6 initial licensing.

7-7 3. The Board shall, if it approves an application for the

7-8 issuance of a license as a dispensing optician, examine the applicant

7-9 in ophthalmic dispensing, except that the Board may waive the

7-10 examination of an applicant who is, at the time of application,

7-11 licensed as a dispensing optician in another state.

7-12 4. To pass the examination for the issuance of a license as a

7-13 dispensing optician, an applicant must achieve a score of at least 70

7-14 percent.

7-15 Sec. 9. NRS 637.113 is hereby amended to read as follows:

7-16 637.113 1. [An] In addition to any other requirements set

7-17 forth in this chapter, an applicant for the issuance or renewal of a

7-18 license as a dispensing optician or apprentice dispensing optician

7-19 shall submit to the Board :

7-20 (a) In any application for issuance of a license, the social

7-21 security number of the applicant and the statement prescribed by

7-22 the Welfare Division of the Department of Human Resources

7-23 pursuant to NRS 425.520. The statement must be completed and

7-24 signed by the applicant.

7-25 (b) In any application for renewal of a license, the statement

7-26 prescribed by the Welfare Division of the Department of Human

7-27 Resources pursuant to NRS 425.520. The statement must be

7-28 completed and signed by the applicant.

7-29 2. The Board shall include the statement required pursuant to

7-30 subsection 1 in:

7-31 (a) The application or any other forms that must be submitted

7-32 for the issuance or renewal of the license; or

7-33 (b) A separate form prescribed by the Board.

7-34 3. A license as a dispensing optician or apprentice dispensing

7-35 optician may not be issued or renewed by the Board if the applicant:

7-36 (a) Fails to submit the statement required pursuant to subsection

7-37 1; or

7-38 (b) Indicates on the statement submitted pursuant to subsection

7-39 1 that he is subject to a court order for the support of a child and is

7-40 not in compliance with the order or a plan approved by the district

7-41 attorney or other public agency enforcing the order for the

7-42 repayment of the amount owed pursuant to the order.

7-43 4. If an applicant indicates on the statement submitted pursuant

7-44 to subsection 1 that he is subject to a court order for the support of a

7-45 child and is not in compliance with the order or a plan approved by

8-1 the district attorney or other public agency enforcing the order for

8-2 the repayment of the amount owed pursuant to the order, the Board

8-3 shall advise the applicant to contact the district attorney or other

8-4 public agency enforcing the order to determine the actions that the

8-5 applicant may take to satisfy the arrearage.

8-6 Sec. 10. NRS 637.120 is hereby amended to read as follows:

8-7 637.120 1. [An applicant successfully completing the

8-8 examination must be issued a] The Board shall issue a license as a

8-9 dispensing optician to each applicant who satisfies the

8-10 requirements of this chapter for the issuance of the license.

8-11 2. A license as a dispensing optician [by the Board. The

8-12 license] authorizes the [applicant] holder to engage in the practice

8-13 of ophthalmic dispensing [,] and must at all times be conspicuously

8-14 displayed at the holder’s place of practice. The license is not

8-15 transferable by the holder. [A separate license is required before the

8-16 dispensing optician may fit contact lenses.

8-17 2.] 3. The Board may, upon application and the payment of a

8-18 fee not to exceed $100, issue one duplicate license.

8-19 Sec. 11. NRS 637.123 is hereby amended to read as follows:

8-20 637.123 1. Except as otherwise provided in this section:

8-21 (a) The license of [each] an apprentice dispensing optician

8-22 [must expire] expires on January 31 of each year [. A license may

8-23 be] unless the license is renewed before expiration upon

8-24 [submission of the statement required pursuant to NRS 637.113 and]

8-25 payment of the annual renewal fee set by the Board, not to exceed

8-26 $200.

8-27 [2.] (b) The license of an apprentice dispensing optician that is

8-28 not renewed before January 31 is delinquent. A delinquent license

8-29 may be reinstated at the discretion of the Board upon [submission of

8-30 the statement required pursuant to NRS 637.113 and] payment of

8-31 each applicable annual renewal fee and an annual delinquency fee

8-32 established by the Board, not to exceed $100.

8-33 [3.] 2. The Board may by regulation require continuing

8-34 education as a prerequisite to the renewal of the license of an

8-35 apprentice dispensing optician.

8-36 3. The license of an apprentice dispensing optician may be

8-37 renewed not more than four times, unless the Board determines

8-38 that good cause exists for one or more additional renewals.

8-39 Sec. 12. NRS 637.125 is hereby amended to read as follows:

8-40 637.125 1. A person may not employ another person to

8-41 perform the services of a dispensing optician unless the other

8-42 person:

8-43 (a) Is licensed by the Board as a dispensing optician; or

9-1 (b) Is licensed by the Board as an apprentice dispensing

9-2 optician and is directly supervised as required by the provisions of

9-3 this chapter.

9-4 2. A licensed dispensing optician may [employ any] not allow

9-5 another person who is under his direct supervision to perform the

9-6 services of a dispensing optician [if] unless the other person is

9-7 licensed by the Board as a dispensing optician or an apprentice

9-8 dispensing optician.

9-9 [2. A]

9-10 3. If a person is licensed by the Board as an apprentice

9-11 dispensing optician, a licensed dispensing optician [shall:

9-12 (a) Supervise] , licensed ophthalmologist or licensed

9-13 optometrist must:

9-14 (a) Directly supervise all work done by [an] the apprentice

9-15 dispensing optician.

9-16 (b) Be in attendance whenever [an] the apprentice dispensing

9-17 optician is engaged in ophthalmic dispensing.

9-18 (c) Post the license of the apprentice dispensing optician in a

9-19 conspicuous place where the apprentice dispensing optician works.

9-20 [3.] 4. A licensed dispensing optician may not have under his

9-21 supervision more than two licensed apprentice dispensing opticians

9-22 at any one time.

9-23 [4. The Board may require a fee of not more than $250 for the

9-24 licensure of an apprentice dispensing optician.]

9-25 5. A licensed dispensing optician or a person who employs a

9-26 licensed dispensing optician may employ other persons to assist in

9-27 consulting on optical fashions [and in making optical repairs, and

9-28 these persons need] , and a licensed dispensing optician may

9-29 supervise such other persons. Such other persons:

9-30 (a) Are not required to be licensed [as apprentices.] pursuant to

9-31 the provisions of this chapter.

9-32 (b) May not perform the services of a dispensing optician.

9-33 6. The Board may adopt regulations to carry out the

9-34 provisions of this section.

9-35 Sec. 13. NRS 637.135 is hereby amended to read as follows:

9-36 637.135 1. Except as otherwise provided in subsection 2, all

9-37 licensed dispensing opticians must complete a yearly program of

9-38 continuing education in ophthalmic dispensing.

9-39 2. Licensed dispensing opticians on active military service are

9-40 exempt from the requirement of this section.

9-41 3. The program of continuing education in ophthalmic

9-42 dispensing must:

9-43 (a) Encompass such subjects as are established by regulations of

9-44 the Board.

10-1 (b) Consist of a minimum of [36] 14 hours [in] for a period of

10-2 [36] 12 months.

10-3 [4. The Board shall require persons who are licensed to fit

10-4 contact lenses to obtain additional continuing education related to

10-5 that practice.] Of these 14 hours, 7 hours must be related to contact

10-6 lenses.

10-7 Sec. 14. NRS 637.140 is hereby amended to read as follows:

10-8 637.140 1. A license as a dispensing optician issued under

10-9 the provisions of this chapter expires on January 31 of each year.

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

10-11 (a) Presentation of proof of completion of the continuing

10-12 education required by NRS 637.135; and

10-13 (b) [Submission of the statement required pursuant to NRS

10-14 637.113; and

10-15 (c)] Payment of a renewal fee set by the Board of not more than

10-16 $200.

10-17 3. Except as otherwise provided in subsection 4, any license

10-18 which is not renewed before January 31 of each year shall be

10-19 deemed delinquent. A delinquent license may be reinstated, at the

10-20 discretion of the Board, upon payment of each applicable annual

10-21 renewal fee in addition to the annual delinquency fee set by the

10-22 Board of not more than $500.

10-23 4. Upon written request to the Board, and payment of a fee not

10-24 to exceed $150, a licensee in good standing may have his name and

10-25 license transferred to an inactive list. Such a licensee shall not

10-26 practice ophthalmic dispensing during the time the license is

10-27 inactive. If an inactive licensee desires to resume the practice of

10-28 ophthalmic dispensing, the Board shall reactivate the license upon

10-29 the:

10-30 (a) Demonstration if deemed necessary by the Board that the

10-31 licensee is then qualified and competent to practice;

10-32 (b) Completion of an application; and

10-33 (c) [Submission of the statement required pursuant to NRS

10-34 637.113; and

10-35 (d)] Payment of the [current fee for renewal of the license.]

10-36 renewal fee set by the Board pursuant to subsection 2.

10-37 Payment of the delinquency fee and the renewal fee for any year

10-38 while the license was inactive is not required.

10-39 Sec. 15. NRS 637.140 is hereby amended to read as follows:

10-40 637.140 1. A license as a dispensing optician issued under

10-41 the provisions of this chapter expires on January 31 of each year.

10-42 2. A license may be renewed before its expiration upon:

10-43 (a) Presentation of proof of completion of the continuing

10-44 education required by NRS 637.135; and

11-1 (b) Payment of a renewal fee set by the Board of not more than

11-2 [$200.] $500.

11-3 3. Except as otherwise provided in subsection 4, any license

11-4 which is not renewed before January 31 of each year shall be

11-5 deemed delinquent. A delinquent license may be reinstated, at the

11-6 discretion of the Board, upon payment of each applicable annual

11-7 renewal fee in addition to the annual delinquency fee set by the

11-8 Board of not more than $500.

11-9 4. Upon written request to the Board, and payment of a fee not

11-10 to exceed [$150,] $300, a licensee in good standing may have his

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

11-12 not practice ophthalmic dispensing during the time the license is

11-13 inactive. If an inactive licensee desires to resume the practice of

11-14 ophthalmic dispensing, the Board shall reactivate the license upon

11-15 the:

11-16 (a) Demonstration if deemed necessary by the Board that the

11-17 licensee is then qualified and competent to practice;

11-18 (b) Completion of an application; and

11-19 (c) Payment of the renewal fee set by the Board pursuant to

11-20 subsection 2.

11-21 Payment of the delinquency fee and the renewal fee for any year

11-22 while the license was inactive is not required.

11-23 Sec. 16. NRS 637.170 is hereby amended to read as follows:

11-24 637.170 Any licensee whose license was revoked by the Board

11-25 may apply for a new license [as provided in NRS 637.100 to

11-26 637.122, inclusive,] pursuant to the provisions of this chapter at

11-27 any time after the date of revocation. The Board may consider such

11-28 an application for licensure and may grant it upon the applicant’s

11-29 payment of a fee set by the Board to cover the administrative costs

11-30 of any investigation and hearing.

11-31 Sec. 17. Section 518 of chapter 483, Statutes of Nevada 1997,

11-32 at page 2211, is hereby amended to read as follows:

11-33 Sec. 518. The amendatory provisions of sections 1 to 4,

11-34 inclusive, [and] 6 to 317, inclusive, and 321 to 516, inclusive,

11-35 of this act expire by limitation on the date on which the

11-36 provisions of 42 U.S.C. § 666 requiring each state to establish

11-37 procedures under which the state has authority to withhold or

11-38 suspend, or to restrict the use of professional, occupational

11-39 and recreational licenses of persons who:

11-40 1. Have failed to comply with a subpoena or warrant

11-41 relating to a proceeding to determine the paternity of a child

11-42 or to establish or enforce an obligation for the support of a

11-43 child; or

12-1 2. Are in arrears in the payment for the support of one or

12-2 more children,

12-3 are repealed by the Congress of the United States.

12-4 Sec. 18. 1. NRS 637.0225 is hereby repealed.

12-5 2. NRS 637.122 is hereby repealed.

12-6 Sec. 19. 1. If, on February 1, 2004, a person holds an active

12-7 license, inactive license or delinquent license as a dispensing

12-8 optician who is not authorized to fit contact lenses, the person shall

12-9 be deemed to hold an active limited license, inactive limited license

12-10 or delinquent limited license, as appropriate, pursuant to the

12-11 provisions of section 2 of this act.

12-12 2. If, on February 1, 2004, a person holds an active license,

12-13 inactive license or delinquent license as a dispensing optician who is

12-14 authorized to fit contact lenses, the person shall be deemed to hold

12-15 an active license, inactive license or delinquent license, as

12-16 appropriate, that is issued pursuant to NRS 637.120, as amended by

12-17 section 10 of this act.

12-18 3. Except as otherwise provided in subsection 4, if a person

12-19 holds a license as an apprentice dispensing optician on or after the

12-20 effective date of this act, the Board of Dispensing Opticians may not

12-21 issue the person a license as a dispensing optician unless the person

12-22 satisfies the requirements set forth in chapter 637 of NRS for the

12-23 issuance of a license as a dispensing optician who is authorized to fit

12-24 contact lenses.

12-25 4. Notwithstanding the amendatory provisions of this act, if a

12-26 person holds a license as an apprentice dispensing optician on the

12-27 effective date of this act:

12-28 (a) The person may apply for a license as a dispensing optician

12-29 who is not authorized to fit contact lenses; and

12-30 (b) The Board of Dispensing Opticians shall issue such a license

12-31 to the person if, before February 1, 2006, the person satisfies the

12-32 requirements set forth in chapter 637 of NRS for the issuance of

12-33 such a license, as those requirements existed on the date

12-34 immediately preceding the effective date of this act. Upon issuance

12-35 of the license, the person shall be deemed to hold an active limited

12-36 license as a dispensing optician that is subject to the provisions of

12-37 section 2 of this act.

12-38 Sec. 20. 1. This section and sections 1, 3, 4, 5, 5.5, 7, 9, 11,

12-39 12, 14, 16, 17 and 19 and subsection 1 of section 18 of this act

12-40 become effective upon passage and approval.

12-41 2. Sections 2, 6, 8, 10, 13 and 15 and subsection 2 of section 18

12-42 of this act become effective on February 1, 2004.

12-43 3. Section 9 of this act expires by limitation on the date on

12-44 which the provisions of 42 U.S.C. § 666 requiring each state to

12-45 establish procedures under which the state has authority to withhold

13-1 or suspend, or to restrict the use of professional, occupational and

13-2 recreational licenses of persons who:

13-3 (a) Have failed to comply with a subpoena or warrant relating to

13-4 a proceeding to determine the paternity of a child or to establish or

13-5 enforce an obligation for the support of a child; or

13-6 (b) Are in arrears in the payment for the support of one or more

13-7 children,

13-8 are repealed by the Congress of the United States.

13-9 TEXT OF REPEALED SECTION

13-10 637.0225 “Person” defined. “Person” is limited to a natural

13-11 person.

13-12 637.122 Fitting of contact lenses: Licensing; training

13-13 permit; fees; restrictions.

13-14 1. A dispensing optician shall not fit contact lenses unless he is

13-15 licensed to do so pursuant to this section.

13-16 2. The Board shall issue a license containing an authorization

13-17 for its holder to fit contact lenses to any licensed dispensing optician

13-18 whose license has been issued by this Board and:

13-19 (a) Who has successfully completed a course of instruction on

13-20 the fitting of contact lenses at a school which offers a degree of

13-21 associate in applied science for studies in ophthalmic dispensing and

13-22 who has passed the Contact Lens Registry Examination of the

13-23 National Committee of Contact Lens Examiners; or

13-24 (b) Who has completed at least 1 year of training and experience

13-25 in the fitting of contact lenses under the supervision of a licensed

13-26 dispensing optician licensed to fit contact lenses, a physician

13-27 specialized in treatment of the eye, or an optometrist, and has passed

13-28 the Contact Lens Registry Examination of the National Committee

13-29 of Contact Lens Examiners and the contact lens practical

13-30 examination of the Board.

13-31 A license to fit contact lenses is effective for 1 year but may be

13-32 renewed.

13-33 3. The Board may charge a fee of not more than $250 for its

13-34 initial issuance of a license to fit contact lenses and $250 for an

13-35 annual renewal of such a license.

13-36 4. An applicant who desires to qualify by obtaining 1 year of

13-37 training and experience must first apply to the Board for a training

13-38 license. The Board shall fix a fee of not more than $150 for the

13-39 training license. The license must be conspicuously displayed at the

13-40 place of training. The year of training and experience must consist

14-1 of not less than 1,000 hours of experience in fitting and adapting

14-2 contact lenses, verification and interpretation of prescriptions for

14-3 contact lenses, and in other aspects of the practice and theory of

14-4 fitting contact lenses.

14-5 5. The Board may issue a training license for the fitting of

14-6 contact lenses to a licensed apprentice dispensing optician to run

14-7 concurrently with his permit to serve as an apprentice dispensing

14-8 optician.

14-9 6. The Board may issue a training license, to be effective for

14-10 not more than 2 years, to a licensed dispensing optician who is not

14-11 licensed to fit contact lenses in order that he may train in the fitting

14-12 of such lenses.

14-13 7. A dispensing optician:

14-14 (a) May fit contact lenses only pursuant to a written prescription

14-15 specifying contact lenses.

14-16 (b) Shall direct the patient to return to the prescriber for

14-17 checking the fit and accuracy of the lenses.

14-18 H