1. 1. If the Board finds after notice and a hearing as required by law, that an applicant or holder of a license has been adjudicated insane, habitually uses any controlled substance or intoxicant or has been diagnosed with a medical or mental health condition that is likely to impede the safe practice of ophthalmic dispensing, the Board may:

   1. (a) For an applicant, refuse to grant the applicant a license; or

   2. (b) For a holder of a license:

      1. (1) Place the holder on probation;
      2. (2) Suspend or revoke the license;
      3. (3) Refuse to renew or reinstate the license; or
      4. (4) Take any combination of the disciplinary actions described in subparagraphs (1), (2) and (3).

2. 2. If the Board finds, after notice and a hearing as required by law, that an applicant or holder of a license has committed unprofessional conduct which has endangered or is likely to endanger public health, safety or welfare, the Board may:

   1. (a) For an applicant, refuse to grant the applicant a license; or

   2. (b) For a holder of a license:

      1. (1) Place the holder on probation;
      2. (2) Suspend or revoke the license;
      3. (3) Refuse to renew or reinstate the license;
      4. (4) Reprimand the holder publicly;
      5. (5) Require the holder to reimburse the Board for the cost of any investigation or hearing related to the disciplinary action;
      6. (6) Require the holder to pay an administrative fine of not more than $10,000 for each act constituting unprofessional conduct; or
      7. (7) Take any combination of the disciplinary actions described in subparagraphs (1) to (6), inclusive.
3. 3. The Board shall not privately reprimand a holder of a license.
4. 4. Pursuant to NRS 622A.410, the Board may reinstate a license that has been revoked if the person who was issued the license applies to the Board for its reinstatement.
5. 5. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, the Board must commence disciplinary proceedings regarding the report not later than 30 days after receiving the report.

6. 6. As used in this section, “unprofessional conduct” includes:

   1. (a) Being convicted of:

      1. (1) Any crime involving moral turpitude;
      2. (2) A violation of any federal or state law relating to a controlled substance; or
      3. (3) Violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
   2. (b) Advertising in any manner which would tend to deceive, defraud or mislead the public;
   3. (c) Obtaining a license to practice in this State through fraud or the misrepresentation or concealment of a material fact;
   4. (d) Dispensing, without proper verification, a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.070;
   5. (e) Committing fraud or deceit in the practice of ophthalmic dispensing;
   6. (f) Violating any provision of this chapter or any regulations of the Board adopted pursuant to this chapter;

   7. (g) Operating a medical facility, as defined in NRS 449.0151, at any time during which:

      1. (1) The license of the facility was suspended or revoked; or
      2. (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160; and
   8. (h) Engaging in any other conduct which the Board has determined is unethical or unprofessional.

[Part 5:216:1951; R 1953, 554; new section added 1953, 554] + [7:216:1951]—(NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538; 1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451; 2005, 772; 2007, 1240; 2009, 891; 2011, 855; 2015, 720; 2023, 1396)