Nev. Admin. Code § 637.235

Current through June 11, 2024

Section 637.235 - Grounds for disciplinary action: "Unethical or unprofessional conduct" interpreted

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.

Nev. Admin. Code § 637.235

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