Nev. Admin. Code § 637.Sec. 13

Current through June 11, 2024

Section 637.Sec. 13 - NEW

1. If the Board, the Executive Director of the Board, an authorized employee of the Board or a designee of the Board issues a citation pursuant to section 11 of Assembly Bill No. 415, chapter 223, Statutes of Nevada 2023, at page 1387, the Board, Executive Director, authorized employee or designee will impose an administrative fine according to the schedule adopted in subsection 2.

2. The Board adopts the following schedule of administrative fines for any citation issued pursuant to subsection 1:

Violation	First Violation	Second Violation	Third or Subsequent Violation
APPRENTICE DISPENSING OPTICIAN OR DISPENSING OPTICIAN
Failure to notify the Board of a change of address pursuant to NAC 637.230..............	$100	$200	$500
Failure to notify the Board of a change of supervisor of record pursuant to section 7 ......................................	100	200	500
Failure to post a current license certificate in a conspicuous manner pursuant to section 9 ..........................	200	500	1,000
Failure to provide access to facilitate an inspection in violation of section 11 of this regulation ..............................................	200	500	1,000
Practicing with an expired license...................	500	1,000	1,500
Dispensing a prescription ophthalmic product that is not in accordance with the standards adopted by reference pursuant to NAC 637.239...........................	500	1,000	1,500
Dispensing without supervision in violation of subsection 3 of NRS 637.125..................	500	1,000	1,500
Supervising more than two apprentice opticians at one time in violation of subsection 1 of section 7 .....................................................	500	1,000	1,500
Allowing an unlicensed person to dispense ophthalmic products in violation of subsection 2 of NRS 637.125......................	1,000	1,500	2,000
ANY PERSON OR BUSINESS ENGAGED IN OPHTHALMIC DISPENSING
Selling nonprescription cosmetic or the atrical contact lenses without a license ..........................................................	100	500	1,000
Practicing ophthalmic dispensing without a license in violation of NRS 637.181...........	1,000	1,500	2,000
Employing an unlicensed person who practices ophthalmic dispensing without a license in violation of NRS 637.125........	1,000	1,500	2,000
Employing a person licensed pursuant to this chapter or chapter 637 of NRS who violates subsection 2, 3 or 4 of NRS 637.125.........................................................	1,000	1,500	2,000
Presenting oneself to the public as a dispensing optician or an apprentice dispensing optician in violation of subsection 6 of NRS 637.200......................	500	1,000	1,500

3. Notwithstanding any citation issued pursuant to subsection 1 and an administrative fine imposed pursuant to subsection 2, a person who violates a provision of this chapter or chapter 637 of NRS may be ordered to appear at a hearing before the Board and is subject to the penalties set forth in NRS NRS 637.150 and 637.181.

Nev. Admin. Code § 637.Sec. 13

Added to NAC by Bd. of Dispensing Opt. 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, section 9 of Assembly Bill No. 415, chapter 223, Statutes of Nevada 2023, at page 1387