Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB452 R1 (§§ 2, 3, 4, 7, 8, 15).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 2, line 7, by deleting “have” and inserting “hold”.
Amend sec. 2, page 2, line 9, by deleting:
“2006, may have” and inserting:
“2004, may hold”.
Amend sec. 2, page 2, line 17, by deleting “637.122,” and inserting “637.120,”.
Amend sec. 4, page 4, by deleting lines 3 through 17 and inserting:
“Sec. 4. 1. The Board may impose an administrative fine against a person who is not licensed pursuant to the provisions of this chapter if:
(a) The person violates any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section; or
(b) The person employs a dispensing optician, apprentice dispensing optician or other person and the dispensing optician, apprentice dispensing optician or other person, in the course of his employment or apprenticeship, violates any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section.
2. The Board may impose a separate administrative fine against the person for each act that constitutes a separate violation.
3. In the first administrative proceeding brought against the person pursuant to this section, the Board may impose, for each act that constitutes a separate violation, an administrative fine of not more than $1,000.
4. In the second and any subsequent administrative proceeding brought against the person pursuant to this section, the Board may impose, for each act that constitutes a separate violation, an administrative fine of not more than $5,000.”.
Amend sec. 5, page 4, by deleting lines 19 through 36 and inserting:
“637.022 1. “Ophthalmic dispensing” means the design, verification and delivery to the intended wearer of lenses, frames and other specially fabricated optical devices upon prescription.
2. The term includes:
[1.] (a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
[2.] (b) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;
[3.] (c) The verification of the quality of finished ophthalmic products;
[4.] (d) The adjustment of lenses or frames to the intended wearer’s face or eyes;
[5.] (e) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices; and
[6.] (f) The fitting of contact lenses and the dispensing of prepackaged contact lenses pursuant to a written prescription , when done by a dispensing optician or apprentice dispensing optician who [has been licensed pursuant to NRS 637.122] is authorized to do so [.] pursuant to the provisions of this chapter.
3. The term does not include any act for which a license is required pursuant to chapter 630 or 636 of NRS, and the provisions of this chapter do not authorize a dispensing optician or apprentice dispensing optician to perform any such act.”.
Amend the bill as a whole by deleting sections 6 through 15 and adding new sections designated sections 6 through 12, following sec. 5.5, to read as follows:
“Sec. 6. NRS 637.100 is hereby amended to read as follows:
637.100 [A candidate, in order to]
1. To qualify for examination and licensing as a dispensing optician, an applicant must furnish proof that he:
[1.] (a) Is at least 18 years of age.
[2.] (b) Is of good moral character.
[3.] (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
[4.] (d) Is a graduate of an accredited high school or its equivalent.
[5.] (e) Has passed the examination of the American Board of Opticianry . [and has:
(a)] (f) Has done either of the following:
(1) Served as an apprentice dispensing optician for not less than 3 [years’ full-time employment] years in an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled [, has acquired experience in optical technology and has had 1 year of experience in ophthalmic dispensing] under the direct supervision of a licensed dispensing optician , licensed ophthalmologist or licensed optometrist [,] for the purpose of acquiring experience in ophthalmic dispensing and has passed [the career progression program of the National Academy of Opticianry or an equivalent program accepted] an educational program on the theory of ophthalmic dispensing approved by the Board; or
[(b)] (2) Successfully completed a course of study in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing approved by the Board and has had 1 year of ophthalmic experience as an apprentice dispensing optician under the direct supervision of a licensed dispensing optician , licensed ophthalmologist or licensed optometrist.
(g) Has done all of the following:
(1) Successfully completed a course of instruction on the fitting of contact lenses approved by the Board;
(2) Completed at least 100 hours of training and experience in the fitting of and filling of prescriptions for contact lenses under the direct supervision of a licensed dispensing optician authorized to fit and fill prescriptions for contact lenses, a licensed ophthalmologist or a licensed optometrist;
(3) Passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; and
(4) Passed the practical examination on the fitting of and filling of prescriptions for contact lenses adopted by the Board.
2. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that establish requirements for:
(a) The program of apprenticeship for apprentice dispensing opticians;
(b) The training and experience of apprentice dispensing opticians; and
(c) The issuance of licenses to apprentice dispensing opticians.
Sec. 7. NRS 637.110 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
637.110 1. An
application for the issuance of a license as [a dispensing optician or]
an apprentice
dispensing optician must [include the
social security number of the applicant.] be accompanied by a fee of not more
than $250 to cover the costs of the Board and the initial licensing.
2. An application for the issuance of a license as a dispensing optician must be accompanied by [:
(a) The statement required pursuant to NRS 637.113;
(b) A] a fee of not more than $250 to cover the cost of the examination by the Board and the initial licensing.
3. The Board shall, if it approves an application [,] for the issuance of a license as a dispensing optician, examine the applicant in ophthalmic dispensing, except that the Board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
4. To pass the examination [,] for the issuance of a license as a dispensing optician, an applicant must achieve a score of at least 70 percent.
Sec. 8. NRS 637.110 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
637.110
1. An application for the issuance of a license as an apprentice
dispensing optician must be accompanied by a fee of not more than $250 to cover
the costs of the Board and the initial licensing.
2. An application for the issuance of a license as a dispensing optician must be accompanied by a fee of not more than [$250]$500 to cover the cost of the examination by the Board and the initial licensing.
3. The Board shall, if it approves an application for the issuance of a license as a dispensing optician, examine the applicant in ophthalmic dispensing, except that the Board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
4. To pass the examination for the issuance of a license as a dispensing optician, an applicant must achieve a score of at least 70 percent.
Sec. 9. NRS 637.113 is hereby amended to read as follows:
637.113 1. [An] In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a dispensing optician or apprentice dispensing optician shall submit to the Board :
(a) In any application for issuance of a license, the social security number of the applicant and the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
(b) In any application for renewal of a license, the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a dispensing optician or apprentice dispensing optician may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 10. NRS 637.120 is hereby amended to read as follows:
637.120 1. [An applicant successfully completing the examination must be issued a] The Board shall issue a license as a dispensing optician to each applicant who satisfies the requirements of this chapter for the issuance of the license.
2. A license as a dispensing optician [by the Board. The license] authorizes the [applicant] holder to engage in the practice of ophthalmic dispensing [,] and must at all times be conspicuously displayed at the holder’s place of practice. The license is not transferable by the holder. [A separate license is required before the dispensing optician may fit contact lenses.
2.] 3. The Board may, upon application and the payment of a fee not to exceed $100, issue one duplicate license.
Sec. 11. NRS 637.123 is hereby amended to read as follows:
637.123 1. Except as otherwise provided in this section:
(a) The license of [each] an apprentice dispensing optician [must expire] expires on January 31 of each year [. A license may be] unless the license is renewed before expiration upon [submission of the statement required pursuant to NRS 637.113 and] payment of the annual renewal fee set by the Board, not to exceed $200.
[2.] (b) The license of an apprentice dispensing optician that is not renewed before January 31 is delinquent. A delinquent license may be reinstated at the discretion of the Board upon [submission of the statement required pursuant to NRS 637.113 and] payment of each applicable annual renewal fee and an annual delinquency fee established by the Board, not to exceed $100.
[3.] 2. The Board may by regulation require continuing education as a prerequisite to the renewal of the license of an apprentice dispensing optician.
3. The license of an apprentice dispensing optician may be renewed not more than four times, unless the Board determines that good cause exists for one or more additional renewals.
Sec. 12. NRS 637.125 is hereby amended to read as follows:
637.125 1. A person may not employ another person to perform the services of a dispensing optician unless the other person:
(a) Is licensed by the Board as a dispensing optician; or
(b) Is licensed by the Board as an apprentice dispensing optician and is directly supervised as required by the provisions of this chapter.
2. A licensed dispensing optician may [employ any] not allow another person who is under his direct supervision to perform the services of a dispensing optician [if] unless the other person is licensed by the Board as a dispensing optician or an apprentice dispensing optician.
[2. A]
3. If a person is licensed by the Board as an apprentice dispensing optician, a licensed dispensing optician [shall:
(a) Supervise] , licensed ophthalmologist or licensed optometrist must:
(a) Directly supervise all work done by [an] the apprentice dispensing optician.
(b) Be in attendance whenever [an] the apprentice dispensing optician is engaged in ophthalmic dispensing.
(c) Post the license of the apprentice dispensing optician in a conspicuous place where the apprentice dispensing optician works.
[3.] 4. A licensed dispensing optician may not have under his supervision more than two licensed apprentice dispensing opticians at any one time.
[4. The Board may require a fee of not more than $250 for the licensure of an apprentice dispensing optician.]
5. A licensed dispensing optician or a person who employs a licensed dispensing optician may employ other persons to assist in consulting on optical fashions [and in making optical repairs, and these persons need] , and a licensed dispensing optician may supervise such other persons. Such other persons:
(a) Are not required to be licensed [as apprentices.] pursuant to the provisions of this chapter.
(b) May not perform the services of a dispensing optician.
6. The Board may adopt regulations to carry out the provisions of this section.”.
Amend the bill as a whole by renumbering sections 16 through 18 as sections 13 through 15, deleting sec. 19 and adding a new section designated sec. 16, following sec. 18, to read as follows:
“Sec. 16. NRS 637.170 is hereby amended to read as follows:
637.170 Any licensee whose license was revoked by the Board may apply for a new license [as provided in NRS 637.100 to 637.122, inclusive,] pursuant to the provisions of this chapter at any time after the date of revocation. The Board may consider such an application for licensure and may grant it upon the applicant’s payment of a fee set by the Board to cover the administrative costs of any investigation and hearing.”.
Amend the bill as a whole by renumbering sec. 20 as sec. 17, deleting sections 21 through 23 and adding new sections designated sections 18 through 20, following sec. 20, to read as follows:
“Sec. 18. 1. NRS 637.0225 is hereby repealed.
2. NRS 637.122 is hereby repealed.
Sec. 19. 1. If, on February 1, 2004, a person holds an active license, inactive license or delinquent license as a dispensing optician who is not authorized to fit contact lenses, the person shall be deemed to hold an active limited license, inactive limited license or delinquent limited license, as appropriate, pursuant to the provisions of section 2 of this act.
2. If, on February 1, 2004, a person holds an active license, inactive license or delinquent license as a dispensing optician who is authorized to fit contact lenses, the person shall be deemed to hold an active license, inactive license or delinquent license, as appropriate, that is issued pursuant to NRS 637.120, as amended by section 10 of this act.
3. Except as otherwise provided in subsection 4, if a person holds a license as an apprentice dispensing optician on or after the effective date of this act, the Board of Dispensing Opticians may not issue the person a license as a dispensing optician unless the person satisfies the requirements set forth in chapter 637 of NRS for the issuance of a license as a dispensing optician who is authorized to fit contact lenses.
4. Notwithstanding the amendatory provisions of this act, if a person holds a license as an apprentice dispensing optician on the effective date of this act:
(a) The person may apply for a license as a dispensing optician who is not authorized to fit contact lenses; and
(b) The Board of Dispensing Opticians shall issue such a license to the person if, before February 1, 2006, the person satisfies the requirements set forth in chapter 637 of NRS for the issuance of such a license, as those requirements existed on the date immediately preceding the effective date of this act. Upon issuance of the license, the person shall be deemed to hold an active limited license as a dispensing optician that is subject to the provisions of section 2 of this act.
Sec. 20. 1. This section and sections 1, 3, 4, 5, 5.5, 7, 9, 11, 12, 14, 16, 17 and 19 and subsection 1 of section 18 of this act become effective upon passage and approval.
2. Sections 2, 6, 8, 10, 13 and 15 and subsection 2 of section 18 of this act become effective on February 1, 2004.
3. Section 9 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
FLUSH
are repealed by the Congress of the United States.”.
Amend the text of repealed sections by adding the text of NRS 637.122.
Amend the title of the bill by deleting the fifth through nineteenth lines and inserting:
“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;”.