AB183 - Revises provisions relating to optometry. (BDR 54-151)

- 83rd Session (2025) Assembly Bill No. 183–Assemblymember Koenig CHAPTER.......... AN ACT relating to optometry; providing that a license to practice optometry issued by the Nevada State Board of Optometry is a revocable privilege; establishing procedures by which the Board may summarily suspend a license to practice optometry; specifying the substances which may be prescribed by an optometrist who holds a certificate to administer and prescribe pharmaceutical agents; increasing the number of members which constitute the Board; revising the requirements for the issuance of a license by endorsement; revising provisions governing the issuance of certain certificates by the Board; revising the circumstances under which certain optometrists are authorized to prescribe controlled substances; revising provisions relating to investigations conducted by the Board; clarifying that the practice of optometry includes optometric telemedicine; establishing certain circumstances under which a licensee is not required to report certain events to the Board; establishing certain provisions governing the temporary ownership of an optometry practice of a licensee who is permanently incapacitated; revising provisions governing the issuance of citations; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law governs the practice of optometry, including, without limitation, the licensing of optometrists by the Nevada State Board of Optometry. (Chapter 636 of NRS) Section 2 of this bill provides that: (1) the purpose of licensing optometrists is to protect the public health and safety and general welfare of the people of this State; and (2) any license issued by the Board is a revocable privilege. Section 3 of this bill establishes procedures by which the Board may summarily suspend the license of a licensee to practice optometry under certain circumstances. Section 5 of this bill revises the definition of the term “pharmaceutical agent” for the purposes of provisions governing the practice of optometry to specify that the term includes any drug subject to certain provisions restricting the prescription of controlled substances or added to schedule III, schedule IV or schedule V by the State Board of Pharmacy by regulation. Section 6 of this bill increases the number of members of the Nevada State Board of Optometry from four members to five. Existing law requires the Governor to appoint to the Board: (1) three members who are licensed to practice optometry in this State and are actually engaged in that practice; and (2) one member who is a representative of the general public. (NRS 636.035) Section 7 of this bill increases the number of members who are licensees who the Governor must appoint from three members to four members. – 2 – - 83rd Session (2025) Existing law authorizes the Board to issue a license by endorsement to certain persons who hold a corresponding valid, active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States and who meet certain other requirements. (NRS 636.206) Section 8 of this bill requires an applicant for a license by endorsement to submit to the Board with his or her application proof satisfactory to the Board that the applicant has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor as a prerequisite to the issuance of the applicant’s corresponding, valid, active and unrestricted license from the other jurisdiction. Existing law requires the Board to adopt regulations which prescribe the requirements for certification to administer and prescribe certain pharmaceutical agents and sets forth certain requirements for inclusion in those regulations. (NRS 636.287) Section 9 of this bill eliminates the requirement that an applicant for certification have successfully completed not fewer than 40 hours of clinical training in administering and prescribing pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the Board. Existing law prohibits an optometrist who is certified to administer and prescribe certain pharmaceutical agents from prescribing a controlled substance unless certain conditions are satisfied, including, without limitation, the requirement that the optometrist prescribes the controlled substance in an amount that does not exceed 90 morphine milligram equivalents per day and will not last more than 72 hours. (NRS 636.2882) Section 9.5 of this bill specifies that this requirement is applicable only to the prescription of a narcotic opioid analgesic. Existing law requires the Board to adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma. Existing law requires those requirements to include, among other requirements, proof that each optometrist who applies for such a certificate has treated at least 15 persons who were diagnosed with glaucoma by an ophthalmologist licensed in this State. (NRS 636.2893) Section 10 of this bill revises that requirement to specify that such persons diagnosed with glaucoma must have been diagnosed by an ophthalmologist licensed in this State, the District of Columbia or any other state or territory of the United States. Existing law requires the Board to cause any complaint filed with the Board to be investigated if the Executive Director of the Board determines the complaint is not frivolous and alleges on or more grounds for disciplinary action. (NRS 636.305) Section 11 of this bill authorizes the Board to issue orders to aid such an investigation, including, without limitation, an order compelling a licensee to appear before the Board or an investigative committee of the Board. Existing law provides that a person who is licensed to practice optometry pursuant to chapter 636 of NRS is authorized and entitled to practice optometry in this State subject to the provisions of that chapter. (NRS 636.345) Section 12 of this bill clarifies that the practice of optometry includes optometric telemedicine. Existing law authorizes an assistant in any setting where optometry is practiced to perform certain activities if the assistant acts under the direct supervision of a licensed optometrist. (NRS 636.346) Section 13 of this bill clarifies that an assistant is authorized to perform those same activities under the direct supervision of a licensed optometrist in any setting where optometric telemedicine is practiced. Existing law requires a licensee to report to the Board within 30 days the revocation, suspension or surrender of, or any disciplinary action taken against, a license, certificate or registration to practice any occupation or profession issued by any other jurisdiction. (NRS 636.371) Section 14 of this bill provides an exception to this duty, providing that a licensee is not required to report to the Board an – 3 – - 83rd Session (2025) administrative fine imposed by a regulatory board or other equivalent administrative body of any other jurisdiction if: (1) the National Practitioner Data Bank contains no corresponding report of the administrative fine; and (2) the regulatory board or other administrative body that imposed the fine did not issue an order of formal disciplinary action relating to the act or acts which served as the basis for the fine. Existing law authorizes a surviving family member of a licensed optometrist who died and was the sole owner of an optometry practice to own the practice without holding a license to practice optometry in this State for not more than 1 year after the death of the licensed optometrist. (NRS 636.398) Section 15 of this bill authorizes a guardian or guardian ad litem who is appointed for a licensed optometrist who is permanently incapacitated and was the sole owner of an optometry practice to own the practice without holding a license to practice optometry in this State for not more than 1 year after the appointment of guardianship. Existing law authorizes the Board to issue a citation to a licensee or other person who violates certain provisions of law governing the practice of optometry. (NRS 636.420) Section 16 of this bill authorizes the issuance of a citation only for violations not involving: (1) the care of a patient; or (2) unethical or unprofessional conduct. Section 16 also provides that the issuance of a citation and the imposition of an administrative fine against a licensee for certain violations: (1) do not constitute formal disciplinary action by the Board; and (2) must not be reported to the National Practitioner Data Bank. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act. Sec. 2. 1. The purpose of licensing optometrists is to protect the public health and safety and the general welfare of the people of this State. 2. Any license issued pursuant to this chapter is a revocable privilege. Sec. 3. 1. If, after an investigation by the Board or an investigative committee convened by the Board, the Board reasonably determines that the health, safety or welfare of the public or any patient served by a licensee is at risk of imminent or continued harm because of the manner in which the licensee practices optometry, including, without limitation, optometric telemedicine, the Board may summarily suspend the license of the licensee pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative – 4 – - 83rd Session (2025) committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation. 2. If an order to summarily suspend the license of a licensee is issued pursuant to subsection 1 by the President of the Board, the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order. 3. If the Board, the President of the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending the license of a licensee, the Board shall hold a hearing not later than 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board must reinstate the license of the licensee. Sec. 4. (Deleted by amendment.) Sec. 5. NRS 636.0215 is hereby amended to read as follows: 636.0215 “Pharmaceutical agent” means any topical or oral drug used or prescribed by a licensee for the examination, management or treatment of an abnormality, disease or condition of the eye or its appendages, including, without limitation, any [analgesic] drug subject to the requirements of NRS 636.2882 or added to schedule III, schedule IV or schedule V by the State Board of Pharmacy by regulation pursuant to NRS 453.146. The term does not include any drug or other substance added to schedule I or schedule II by the State Board of Pharmacy pursuant to that section. Sec. 6. NRS 636.030 is hereby amended to read as follows: 636.030 The Nevada State Board of Optometry, consisting of [four] five members appointed by the Governor, is hereby created. Sec. 7. NRS 636.035 is hereby amended to read as follows: 636.035 1. The Governor shall appoint: (a) [Three] Four members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry. (b) One member who is a representative of the general public. This member must not be: (1) Licensed to practice optometry; or (2) The spouse or the parent or child, by blood, marriage or adoption, of a person licensed to practice optometry. – 5 – - 83rd Session (2025) 2. A person shall not be appointed if he or she: (a) Is the owner or co-owner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry; (b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or (c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude. Sec. 8. NRS 636.206 is hereby amended to read as follows: 636.206 1. The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid, active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States. 2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application: (a) Proof satisfactory to the Board that the applicant: (1) Satisfies the requirements of subsection 1; (2) Has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor as a prerequisite to the issuance of the corresponding valid, active and unrestricted license described in subsection 1; (3) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years; [(3)] (4) Has been continuously and actively engaged in the practice of optometry for the past 5 years; [(4)] (5) Has not held a license to practice optometry in this State in the immediately preceding year; [(5)] (6) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and [(6)] (7) Has not been held civilly or criminally liable for malpractice in the District [Text truncated for display. 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