Optical establishment: Restrictions and prohibitions concerning management; prohibition on certain actions by apprentice dispensing optician; sign required to be posted if no dispensing optician on duty.

1. A manager of an optical establishment: (a) Must hold a license as a dispensing optician issued pursuant to this chapter or chapter 637 of NRS; and (b) Is responsible for overseeing all aspects of ophthalmic dispensing at the optical establishment, including, without limitation: (1) Ensuring that all ophthalmic dispensing is performed by an appropriately licensed employee and that the optical establishment and its employees adhere to the provisions of this chapter and chapter 637 of NRS; (2) Maintaining a current list of all licensees who are employed at the optical establishment; (3) Displaying the current licenses of all licensed employees in a public and conspicuous area of the optical establishment; and (4) Ensuring the optical establishment keeps a copy of each sworn statement submitted to the Board pursuant to NAC 637.2319 that indicates the supervisor of record for each apprentice dispensing optician employed at the optical establishment. 2. A dispensing optician shall notify the Board, in the form and manner prescribed by the Board, within 10 days after becoming the manager of an optical establishment, that he or she is the manager of the optical establishment. A dispensing optician shall not manage more than one optical establishment. 3. Except as otherwise provided in this subsection, the manager of an optical establishment must be on duty during the hours the optical establishment is engaged in ophthalmic dispensing unless the manager assigns another dispensing optician to act as the substitute manager of the optical establishment. 4. An apprentice dispensing optician shall not: (a) Act as a manager of an optical establishment; or (b) Under any circumstances have any authority to, or act in such a manner as to, supersede the authority or any decision of a dispensing optician. 5. If no dispensing optician is on duty in the optical establishment, a sign prescribed by the Board must be posted for public view at the main entrance or cashier station of the optical establishment in accordance with subsection 2 of NRS 637.090 . 6. A person who has supervisory authority over a person who manages an optical establishment and intentionally influences or attempts to influence the decisions of that person relating to ophthalmic dispensing shall be deemed to have violated the provisions of NRS 637.090 .