Current through September 16, 2024
1. As used in
paragraph (h) of subsection 6 of
NRS
637.150, the Board will interpret the phrase
"other conduct which the Board has determined is unethical or unprofessional "
to include, without limitation:
(a)
Performing acts beyond the scope of the practice of ophthalmic
dispensing;
(b) Performing
dispensing duties while under the influence of intoxicating liquor or a
controlled substance;
(c)
Presenting any false or deceptive information to the Board or the
public;
(d) Engaging in the sexual
harassment of any employee or consumer, including, without limitation, making
unwelcome sexual advances, requests for sexual favors or other speech or
physical conduct of a sexual nature that has the purpose or effect of
unreasonably interfering with the work performance of an employee or creating
an environment which is intimidating, hostile or offensive to an employee or
consumer;
(e) Attempting to obtain
or retain a consumer, either directly or indirectly, by way of intimidation,
coercion or deception;
(f) Engaging
in conduct that would lead to the harm or endangerment of the public;
(g) Violating an order issued by the Board;
or
(h) Failing to cooperate with an
investigation conducted by the Board, including, without limitation, failing to
provide documents requested by a member of the Board, the staff of the Board or
an investigator for the Board.
2. In addition to the conduct listed in
subsection 1, the Board will further interpret the phrase "other conduct which
the Board has determined is unethical or unprofessional " to include:
(a) A dispensing optician who allows an
apprentice dispensing optician whom the dispensing optician directly supervises
to perform any task:
(1) For which the
apprentice dispensing optician is not trained;
(2) Which is outside the scope of practice of
an apprentice dispensing optician; or
(3) Without the direct supervision of the
dispensing optician.
(b)
An apprentice dispensing optician who performs any act for which a license is
required pursuant to this chapter or chapter 637 of NRS:
(1) Without the direct supervision of a
licensed dispensing optician, ophthalmologist or optometrist; or
(2) In violation of the express instructions
of the licensed dispensing optician, ophthalmologist or optometrist who is
supervising the apprentice dispensing optician.
Added to NAC by Bd. of
Dispensing Opt. by R042-02, eff. 8-29-2002; A by R108-04, 12-1-2004; R073-12,
6-3-2013; A by
R137-17AP,
eff. 8/30/2018; A by
R067-23A,
eff. 12/15/2023
NRS 637.070, as amended by
section 22 of Assembly Bill No. 415, chapter 223, Statutes of Nevada 2023, at
page 1391, NRS
637.150, as amended by section 29 of Assembly
Bill No. 415, chapter 223, Statutes of Nevada 2023, at page
1396
