NRS 636.398 Ownership of optometry practice without license by family member, guardian or guardian ad litem for limited period after death or permanent incapacitation of sole owner; requirement to dissolve or transfer ownership of optometry practice.
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NRS 636.398 Ownership of optometry practice without license by family member, guardian or guardian ad litem for limited period after death or permanent incapacitation of sole owner; requirement to dissolve or transfer ownership of optometry practice.
1. For not more than 1 year after the death of a licensee who is the sole owner of an optometry practice, a surviving member of the licensee’s family may own the optometry practice without being licensed pursuant to this chapter. Not later than 1 year after the death of the licensee, the surviving member of the licensee’s family shall transfer ownership of the optometry practice to a licensee or dissolve the optometry practice.
2. For not more than 1 year after a guardian or guardian ad litem is appointed in accordance with the laws of this State for a licensee who is the sole owner of an optometry practice on the basis that the licensee is permanently incapacitated, the guardian or guardian ad litem, as applicable, may own the optometry practice without being licensed pursuant to this chapter. The guardian or guardian ad litem shall:
(a)As soon as practicable after his or her appointment, submit to the Board a written opinion of a physician who is board-certified in the area of neurology, neurological surgery, critical care medicine or intensive care medicine expressing that, to a reasonable degree of medical probability, the licensee is permanently incapacitated.
(b)Not later than 1 year after his or her appointment, transfer ownership of the optometry practice to a licensee or dissolve the optometry practice.
3. The provisions of this section do not:
(a)Exempt a person from the requirement to obtain a license pursuant to this chapter to engage in the practice of optometry; and
(b)Abrogate, alter or otherwise affect any obligation to comply with the requirements of chapters 629 and 636 of NRS relating to the custody of health care records.
4. As used in this section, “member of the licensee’s family” means any person related to the licensee by blood, adoption or marriage within the third degree of consanguinity.
PROHIBITED ACTS; ENFORCEMENT; PENALTIES