The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
1. Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
2. Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.
3. An alcohol or other substance use disorder.
4. Gross incompetency.
5. Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.
6. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
7. Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.
8. Perpetration of unethical or unprofessional conduct in the practice of optometry.
9. Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.
10. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
This subsection applies to an owner or other principal responsible for the operation of the facility.
11. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
12. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule III or IV.
13. Any violation of a state or federal law or regulation relating to or involving the practice of optometry, including, without limitation, a violation relating to:
(a) The organizational structure or control of any optometric practice or entity;
(b) The maintenance, availability or distribution of any medical record of a patient;
(c) The improper disclosure of any protected information of a patient; and
(d) Fraud.
[67:208:1955]—(NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790, 2871; 2003, 2711; 2009, 890; 2011, 263, 854; 2015, 123, 1176; 2017, 4429; 2019, 2207, 3647, 3892)
Structure Nevada Revised Statutes
NRS 636.010 - Legislative declaration.
NRS 636.016 - "Advertise" defined.
NRS 636.017 - "Board" defined.
NRS 636.018 - "Contact lens" defined.
NRS 636.019 - "Diagnostic pharmaceutical agents" defined.
NRS 636.021 - "Ophthalmic lens" defined.
NRS 636.0215 - "Pharmaceutical agent" defined.
NRS 636.022 - "Prescription" defined.
NRS 636.0225 - "Screening, brief intervention and referral to treatment approach" defined.
NRS 636.023 - "Spectacle lens" defined.
NRS 636.025 - Acts constituting practice in optometry; unauthorized acts.
NRS 636.029 - Applicability of chapter: Certain sales not prohibited.
NRS 636.030 - Creation; membership.
NRS 636.035 - Qualifications of members.
NRS 636.070 - Terms of members.
NRS 636.085 - Executive Director: Duties.
NRS 636.090 - Employees; counsel.
NRS 636.095 - Regular and special meetings; quorum.
NRS 636.105 - Records, register and inventory.
NRS 636.120 - Roster of licensees: Preparation and availability.
NRS 636.125 - Policies and regulations.
NRS 636.130 - Power of Board to grant or refuse licenses and discipline licensees.
NRS 636.135 - Duty of Board to accredit or approve accreditation of schools of optometry.
NRS 636.150 - Requirements for applying for license.
NRS 636.155 - Proof of applicant’s qualifications.
NRS 636.180 - Examination: Character and design; preparation and administration.
NRS 636.185 - Scope of examination.
NRS 636.190 - Grade necessary to pass examination.
NRS 636.206 - Expedited license by endorsement: Requirements; procedure for issuance.
NRS 636.215 - Licenses: Execution and contents.
NRS 636.255 - Notice to licensee of deadline to renew license.
NRS 636.265 - Renewal card: Issuance, contents and display.
NRS 636.270 - Suspension of license for failure to comply with requirements for renewal.
NRS 636.285 - Penalty for failure to renew license.
NRS 636.287 - Requirements for certification: Regulations.
NRS 636.2882 - Conditions and limitations on prescribing controlled substances.
NRS 636.2893 - Requirements for issuance of certificate: Regulations.
NRS 636.2895 - Issuance of certificates.
NRS 636.2897 - Expedited certificate by endorsement.
NRS 636.290 - Authority of Board; authorized actions by Board.
NRS 636.296 - Inspection of premises by Board.
NRS 636.302 - Unethical or unprofessional conduct: Restrictions on advertising.
NRS 636.310 - Form and filing of complaint; referral of complaint; immunity from civil liability.
NRS 636.320 - Requirements for disciplinary hearing of formal charge.
NRS 636.342 - Confidentiality of certain records of Board; exceptions.
NRS 636.345 - Licensee authorized to practice.
NRS 636.355 - Unauthorized use of license or renewal card.
NRS 636.360 - Posting of license and renewal card.
NRS 636.365 - Issuance of duplicate license and renewal card.
NRS 636.372 - Leasing of office from unlicensed person; regulations.
NRS 636.375 - Service of process and transmission of other notices to licensees.
NRS 636.380 - Right to advertise.
NRS 636.382 - Authority of licensed optometrist to administer topical diagnostic ophthalmic agents.
NRS 636.387 - Requirements for prescriptions for and initial fitting of contact lenses.
NRS 636.405 - Duties of peace officers and district attorneys.
NRS 636.407 - Injunctive relief.