Nev. Admin. Code § 636.210

Current through September 16, 2024
Section 636.210 - Restrictions on use of name and place of practice; required display of license; representation as specialist without certification; employer responsible for unprofessional conduct of employee
1. An optometrist shall not:
(a) Own any part of an office where optometry is practiced under any name other than the name on his or her license or a fictitious or assumed name registered with the Board pursuant to NRS 636.350.
(b) Represent himself or herself as a specialist in any optometric field unless he or she has been certified by a board for certifying specialties approved by the Nevada State Board of Optometry.
(c) Practice optometry at an office that is not registered with the Board or a mobile optometry clinic that is not certified by the Board.
2. An optometrist shall:
(a) Display his or her license or a duplicate of his or her license to practice optometry at each office in which he or she practices optometry or has an ownership interest; and
(b) Make his or her current renewal card or a copy of his or her current renewal card available to a patient or an employee of the Board upon request.
3. Except as otherwise provided in this subsection, an optometrist may practice optometry as a substitute optometrist at an office that is not registered with the Board as a practice location of the optometrist but is registered with the Board by another licensed optometrist for:
(a) Not more than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, if the optometrist notifies the Board in writing of the day and place of such practice at least 24 hours before the optometrist practices optometry at any such place. If the optometrist is not able to notify the Board within the prescribed period because of an emergency, he or she shall notify the Board as soon as possible.
(b) More than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, if he or she obtains from the Board a certificate as a substitute optometrist. An optometrist who wishes to obtain such a certificate must apply to the Board in the form prescribed by the Board. Such a certificate must be renewed before the date by which the license of the optometrist must be renewed pursuant to NRS 636.250. A substitute optometrist shall not practice optometry for more than 28 working days during the period in between renewals of the license, as set forth in NRS 636.250, at any single location that is not registered as a practice location of the optometrist unless the substitute optometrist is practicing as part of a mobile optometry clinic certified pursuant to NRS 636.2899.
4. An optometrist who employs another optometrist or a technician, assistant or any other employee on a temporary or permanent basis may be subject to disciplinary action for any violation of this chapter or chapter 636 of NRS, including, without limitation, for unprofessional conduct, by the optometrist, technician, assistant or other employee that he or she employs which takes place during the performance of services pursuant to such employment.
5. An optometrist has the ultimate responsibility for:
(a) The conduct, treatment, acts and omissions of an employee of the optometrist when the employee is acting within the scope of his or her employment; and
(b) The care of each patient of the optometrist.
6. For the purposes of this section, practicing at a location for any portion of a day constitutes practicing at that location for 1 working day.

Nev. Admin. Code § 636.210

Bd. of Optometry, §II subsec. 2, eff. 5-26-78-NAC A 3-6-86; 5-27-92; 10-5-93; A by R066-19A, eff. 10/24/2022; A by R101-24A, eff. 8/28/2024

NRS 636.125, 636.346, 636.360