NRS 637.026 Applicability of chapter: Inapplicability to certain manufacturers of lenses, frames and other specially fabricated optical devices; requirements for manufacturers that fail to comply with certain provisions; effect of such noncompliance.
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NRS 637.026 Applicability of chapter: Inapplicability to certain manufacturers of lenses, frames and other specially fabricated optical devices; requirements for manufacturers that fail to comply with certain provisions; effect of such noncompliance.
1. Except as otherwise provided in this section, a person is exempt from the provisions of this chapter if the person:
(a)Is engaged in the manufacturing and direct online sale of lenses, frames and other specially fabricated optical devices upon prescription to an intended wearer who is located outside this State at the time of purchase; and
(b)Complies with the requirements of subsection 2.
2. Any person who engages in the activity described in paragraph
(a)of subsection 1 and does not otherwise comply with the provisions of this chapter shall:
(a)Ensure that the manufacturing of lenses, frames and other specially fabricated optical devices is supervised by a dispensing optician licensed pursuant to this chapter. Such supervision must include, without limitation, a daily review of all optical manufacturing equipment by the dispensing optician to ensure that the lenses, frames and other specially fabricated optical devices being manufactured meet the standards adopted by the Board pursuant to this chapter; and
(b)Confirm that any lenses shipped to an intended wearer meet the requirements of the relevant prescription, as submitted by the intended wearer.
3. A person who engages in the activity described in paragraph
(a)of subsection 1, is licensed pursuant to this chapter and fails to comply with the requirements of subsection 2 or the other requirements of this chapter:
(a)Is subject to the provisions of NRS 637.150 and 637.185 ; and
(b)Is not guilty of a misdemeanor.
4. A person who engages in the activity described in paragraph
(a)of subsection 1, is not licensed pursuant to this chapter and fails to comply with the requirements of subsection 2:
(a)Shall be deemed to be in violation of NRS 637.090 and, except as otherwise provided in paragraph (b), is subject to all provisions applicable to a person who violates that section; and
(b)Is not guilty of a misdemeanor.
BOARD OF DISPENSING OPTICIANS