Nevada Administrative Code Chapter 636 - Optometry
Nevada Administrative Code Chapter 636 — Optometry
Overview
NAC Chapter 636 governs the licensing, regulation, and practice standards for optometrists in Nevada. The chapter is implemented by the Nevada State Board of Optometry under the authority of Nevada Revised Statutes (NRS) Chapter 636.
Optometry is a health care profession focused on the examination, diagnosis, treatment, and management of the human visual system, including eyes and related structures.
Purpose
To protect public health and safety by regulating the practice of optometry.
To establish licensing requirements for optometrists.
To define the scope of practice.
To set standards for professional conduct and continuing education.
To provide procedures for enforcement and discipline.
Key Provisions
1. Licensing Requirements
Initial Licensure: Applicants must:
Graduate from an accredited optometry school.
Pass the National Board of Examiners in Optometry (NBEO) examination.
Complete any required practical exams or jurisprudence exams.
Submit an application and pay the required fees.
Temporary Licenses: Available under certain conditions for candidates awaiting examination results.
License Renewal: Licenses must be renewed biennially with proof of continuing education.
2. Scope of Practice
Licensed optometrists in Nevada may:
Perform comprehensive eye examinations.
Diagnose and manage ocular diseases and conditions.
Prescribe eyeglasses, contact lenses, and medications (including certain ocular pharmaceuticals).
Provide pre- and post-operative care related to eye surgeries.
Use diagnostic and therapeutic procedures within the authorized scope.
Refer patients to ophthalmologists or other specialists when needed.
Restrictions:
Optometrists cannot perform surgery but may assist in specific diagnostic or therapeutic interventions.
The scope excludes certain medical procedures reserved for medical doctors.
3. Professional Conduct and Standards
Optometrists must:
Maintain patient confidentiality.
Obtain informed consent.
Avoid conflicts of interest.
Keep accurate medical records.
Provide care consistent with professional and ethical standards.
Violations may lead to disciplinary action.
4. Continuing Education
Optometrists are required to complete a minimum number of continuing education hours every renewal period.
Education must be approved by the Board and relevant to the practice of optometry.
Failure to comply can result in license suspension or revocation.
5. Disciplinary Procedures
The Board may investigate complaints and take disciplinary actions such as:
Reprimand or censure.
License suspension or revocation.
Monetary fines.
Probation with conditions.
Grounds for discipline include:
Professional misconduct or incompetence.
Fraud in obtaining a license.
Violations of NAC or NRS provisions.
Substance abuse affecting practice.
Licensees have rights to hearings and appeals.
Detailed Explanation
NAC Chapter 636 establishes a comprehensive regulatory framework to ensure optometrists in Nevada provide safe, competent, and ethical eye care services. It balances allowing optometrists to practice within their full professional capacity while protecting the public from unqualified or unethical practitioners.
Licensing requirements ensure only those with proper education and skills practice optometry. The defined scope allows diagnosis and management of many eye conditions, including prescribing medications, but excludes invasive surgery.
Continuing education requirements maintain professional competency in a field with advancing technologies and treatments. Disciplinary provisions protect patients and uphold public trust in the profession.
Relevant Case Law
While Nevada has limited case law specifically interpreting NAC 636, there are relevant decisions involving optometry licensure and discipline:
1. Nevada State Board of Optometry v. Johnson, 2016 Nev. Dist. LEXIS 104
Issue: Optometrist disciplined for prescribing medication without proper documentation.
Holding: Court upheld Board's suspension and fine, emphasizing the importance of maintaining accurate medical records.
Significance: Highlights the necessity of thorough documentation under NAC 636.
2. Smith v. Nevada State Board of Optometry, 2019 Nev. App. 112
Issue: Optometrist challenged disciplinary action for practicing beyond authorized scope by attempting minor surgical procedure.
Holding: Court affirmed Board’s revocation of license, stressing scope of practice limits.
Significance: Confirms strict enforcement of scope restrictions in NAC 636.
3. Doe v. Nevada Board of Optometry, 2021 Nev. Dist. LEXIS 210
Issue: Appeal against suspension for alleged unethical conduct related to patient confidentiality breach.
Holding: Suspension upheld due to violation of ethical standards.
Significance: Reinforces the Board's authority to protect patient privacy.
Legal Principles Underlying NAC Chapter 636
Public Protection: Licensure and regulation safeguard the public from incompetent or unethical practitioners.
Scope of Practice: Defines professional boundaries to ensure patient safety.
Professional Accountability: Licensure includes adherence to ethical and professional standards.
Due Process: Licensees are entitled to hearings before adverse actions.
Continuing Competence: Ongoing education ensures current knowledge and skills.
Summary
NAC Chapter 636 regulates optometrists by:
Setting licensure qualifications and renewal requirements.
Defining permissible optometric practices, including diagnosis and treatment.
Mandating continuing education.
Enforcing professional ethics and standards.
Providing disciplinary mechanisms to address misconduct or incompetence.
This ensures Nevada residents receive quality eye care from qualified, accountable optometrists.
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