Read the full stored bill text
- 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 is suance 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 li mitation,
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 unre stricted 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 endorsem ent 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 th an 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 9 0 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 t o 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 Directo r 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 orde r 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 b y 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 opto metry 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 a ppointed 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 genera l 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, o ptometric
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 forma l
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 w ho 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 correspond ing 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 t he
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 of Columbi a or any state or territory of
the United States;
(b) An affidavit stating that the information contained in the
application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
– 6 –
- 83rd Session (2025)
3. Not later than 15 business days after receiving an application
for a license by endorsement to engage in the practice of optometry
pursuant to this section, the Board shall provide written notice to the
applicant of any additional information required by the Board to
consider the application. Unless the Board denies the application for
good cause, the Board shall approve the application and issue a
license by endorsement to engage in the practice of optometry to the
applicant not later than 45 days after receiving the application.
4. A license by endorsement to engage in the practice of
optometry may be issued at a meeting of the Board or between its
meetings by the President of the Board. Such an action shall be
deemed to be an action of the Board.
Sec. 9. NRS 636.287 is hereby amended to read as follows:
636.287 The Board shall adopt regulations which prescribe the
requirements for certification to administer and prescribe
pharmaceutical agents pursuant to NRS 636.288. The requirements
must include:
1. A license to practice optometry in this State; and
2. The successful completion of the “Treatment and
Management of Ocular Disease Examination” administered by the
National Board of Examiners in Optometry or an equivalent
examination approved by the Board . [; and
3. The successful completion of 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.]
Sec. 9.5. NRS 636.2882 is hereby amended to read as follows:
636.2882 An optometrist who is certified to administer and
prescribe a pharmaceutical agent pursuant to NRS 636.288 shall not
prescribe a controlled substance unless the optometrist:
1. Has completed an optometric examination of the patient for
whom the controlled substance is prescribed;
2. [Prescribes] If prescribing a controlled substance that is
narcotic opioid analgesic, 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; and
3. Sets forth in the prescription for the controlled substance
that the prescription may not be refilled without a subsequent
examination of the patient by the optometrist.
Sec. 10. NRS 636.2893 is hereby amended to read as follows:
636.2893 The Board shall adopt regulations that prescribe the
requirements for the issuance of a certificate to treat persons
– 7 –
- 83rd Session (2025)
diagnosed with glaucoma pursuant to NRS 636.2895. The
requirements must include, without limitation:
1. A license to practice optometry in this State;
2. The successful completion of the “Treatment and
Management of Ocular Disease Examina tion” administered by the
National Board of Examiners in Optometry or an equivalent
examination approved by the Board;
3. Proof that each optometrist who applies for a certificate has
treated at least 15 persons who were:
(a) Diagnosed with glaucoma by an ophthalmologist licensed in
this State [;] , the District of Columbia or any other state or
territory of the United States; and
(b) Treated by the optometrist, in consultation with that
ophthalmologist, for at least 12 consecutive months; and
4. A certificate to administer and prescribe pharmaceutical
agents issued pursuant to NRS 636.288.
Sec. 11. NRS 636.305 is hereby amended to read as follows:
636.305 1. A complaint may be made against a licensee by:
(a) An employee or contractor of the Board; or
(b) Any licensee or other person,
alleging one or more grounds for disciplinary action set forth in
NRS 636.295.
2. As soon as practicable after a complaint is filed with the
Board, the Executive Director or his or her designee shall review the
complaint. If the Executive Director determines that the complaint is
not frivolous and alleges one or more of the grounds for disciplinary
action set forth in NRS 636.295, the Board, through the Executive
Director, shall cause the complaint to be investigated.
3. The Board may issue orders to aid an investigation
conducted pursuant to subsection 2, including, without limitation,
an order compelling a licensee to appear before the Board or an
investigative committee of the Board.
4. The Board shall retain each complaint received pursuant to
this section for not less than 10 years, including, without limitation,
any complaint which is not acted upon.
Sec. 12. NRS 636.345 is hereby amended to read as follows:
636.345 A licensee shall be authorized and entitled to practice
optometry , including, without limitation, optometric telemedicine,
in this State subject to the provisions of this chapter.
Sec. 13. NRS 636.346 is hereby amended to read as follows:
636.346 1. In any setting where optometry , including,
without limitation, optometric telemedicine, is practiced, an
– 8 –
- 83rd Session (2025)
assistant may fit ophthalmic lenses or spectacle lenses if the
assistant acts under the direct supervision of a licensed optometrist.
2. In addition to the provisions of subsection 1, an assistant in
any setting where optometry , including, without limitation,
optometric telemedicine, is practiced may perform any of the
following act ivities under the direct supervision of a licensed
optometrist:
(a) Prepare a patient for examination.
(b) Collect preliminary data concerning a patient, including
taking the medical history of the patient.
(c) Perform simple and noninvasive testing of a patient in
preparation for any subjective refraction, testing, evaluation,
interpretation, diagnosis or treatment of the patient by the licensed
optometrist.
(d) For an ophthalmic purpose, administer any cycloplegic or
mydriatic agent or topical anesthe tic that is not a controlled
substance.
(e) Use an ophthalmic device or oversee ocular exercises, visual
training, visual therapy or visual rehabilitation as directed by a
licensed optometrist.
3. If an assistant conducts any activities pursuant to subsection
2, the licensed optometrist must conduct the final eye examination
of the patient.
4. As used in this section, “assistant” means a person employed
by an optometrist or any medical provider or medical facility at
which the optometrist provides or offers to provide his or her
services as an optometrist.
Sec. 14. NRS 636.371 is hereby amended to read as follows:
636.371 [A] 1. Except as otherwise provided in subsection
2, a licensee shall report to the Board within 30 days the revocation,
suspension or surrender of, or any other disciplinary action taken
against, a license, certificate or registration to practice any
occupation or profession issued to the licensee by another state or
territory of the United State s, the District of Columbia or a foreign
country.
2. A licensee is not required to report to the Board an
administrative fine imposed against the licensee by a regulatory
board or other equivalent administrative body of another state or
territory of the United States, the District of Columbia or a foreign
country if:
(a) The National Practitioner Data Bank contains no
corresponding report of the administrative fine; and
– 9 –
- 83rd Session (2025)
(b) The regulatory board or administrative body that imposed
the administrative fine did not issue an order of formal
disciplinary action relating to the act or acts which served as the
basis for the fine.
Sec. 15. NRS 636.398 is hereby amended to read as follows:
636.398 1. For not more than 1 year after the death of a
licensee who is the sole owner of an optometry practice, a surviving
member of the licensee’s family may own the optometry practice
without being licensed pursuant to this chapter. Not later than 1 year
after the death of the licensee, the surviving member of the
licensee’s family shall transfer ownership of the optometry practice
to a licensee or dissolve the optometry practice.
2. For not more than 1 year after a guardian or guardian ad
litem is appointed in accordance with the laws of this State for a
licensee who is the sole owner of an optometry practice on the
basis that the licensee is permanently incapacitated, the guardian
or guardian ad litem, as applicable, may own the optometry
practice without being licensed pursuant to th is chapter. The
guardian or guardian ad litem shall:
(a) As soon as practicable after his or her appointment, submit
to the Board a written opinion of a physician who is board -
certified in the area of neurology, neurological surgery, critical
care medicin e or intensive care medicine expressing that, to a
reasonable degree of medical probability, the licensee is
permanently incapacitated.
(b) Not later than 1 year after his or her appointment, transfer
ownership of the optometry practice to a licensee or d issolve the
optometry practice.
3. The provisions of this section do not:
(a) Exempt a person from the requirement to obtain a license
pursuant to this chapter to engage in the practice of optometry; and
(b) Abrogate, alter or otherwise affect any obli gation to comply
with the requirements of chapters 629 and 636 of NRS relating to
the custody of health care records.
[3.] 4. As used in this section, “member of the licensee’s
family” means any person related to the licensee by blood, adoption
or marriage within the third degree of consanguinity.
Sec. 16. NRS 636.420 is hereby amended to read as follows:
636.420 1. After providing notice and a hearing pursuant to
chapter 622A of NRS, the Board may impose an admin istrative fine
of not more than $5,000 for each violation against a person licensed
under this chapter who engages in any conduct constituting grounds
for disciplinary action set forth in NRS 636.295.
– 10 –
- 83rd Session (2025)
2. If the Board determines that a person has violated any
provision of this chapter, the Board may , except as otherwise
provided pursuant to subsection 3, issue a citation to the person.
The citation may contain an order to pay an administrative fine of
not more than $1,000 for each violation or, for a viol ation described
in subsection 1, $5,000 for each such violation. A citation issued
pursuant to this subsection must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this subsection. Each acti vity in which the person is
engaged constitutes a separate offense for which a separate citation
may be issued. To appeal a citation, the person must submit to the
Board a written request for a hearing not later than 30 days after the
date of issuance of t he citation. The Board shall provide notice of
and conduct a hearing requested pursuant to this subsection in
accordance with the provisions of chapter 622A of NRS.
3. A citation may be issued to a licensee pursuant to
subsection 2 only for violations not involving:
(a) The care of a patient; or
(b) Unethical or unprofessional conduct.
4. The issuance of a citation to and the imposition of an
administrative fine against a licensee pursuant to subsection 2:
(a) Does not constitute formal disciplinary action by the
Board; and
(b) Must not be reported to the National Practitioner Data
Bank.
20 ~~~~~ 25