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NV Dispensing Opticians Laws and Rules.pdf, Exams of Nursing

Columbia College of NursingNursing

NV Dispensing Opticians Laws and Rules.pdf

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NV Dispensing Opticians Laws and
Rules
Qualifications for examination and licensing as dispensing optician; regulations
governing licensing of apprentice dispensing optician. - 1. To qualify for examination
and licensing as a dispensing optician, an applicant must furnish proof that the
applicant:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States, or is lawfully entitled to remain and work in the
United States.
(d) Is a graduate of an accredited high school or its equivalent.
(e) Has passed the examination of the American Board of Opticianry.
(f) Has done either of the following:
(1) Served as an apprentice dispensing optician for not less than 3 years in an optical
establishment where prescriptions for spectacles or contact lenses from given formulae
are fitted and filled under the direct supervision of a licensed dispensing optician,
licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience
in ophthalmic dispensing and has passed an educational program on the theory of
ophthalmic dispensing approved by the Board; or
(2) Successfully completed a course of study in a school which offers a degree of
associate in applied science for studies in ophthalmic dispensing approved by the Board
and has had 1 year of ophthalmic experience as an apprentice dispensing optician
under the direct supervision of a licensed dispensing optician, licensed ophthalmologist
or licensed optometrist.
(g) Has done all of the following:
(1) Successfully completed a course of instruction on the fitting of contact lenses
approved by the Board;
(2) Completed at least 100 hours of training and experience in the fitting of and filling of
prescriptions for contact lenses under the direct supervision of a licensed dispensing
optician authorized to fit and fill prescriptions for contact lenses, a licensed
ophthalmologist or a licensed optometrist;
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NV Dispensing Opticians Laws and

Rules

Qualifications for examination and licensing as dispensing optician; regulations governing licensing of apprentice dispensing optician. - 1. To qualify for examination and licensing as a dispensing optician, an applicant must furnish proof that the applicant: (a) Is at least 18 years of age. (b) Is of good moral character. (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States. (d) Is a graduate of an accredited high school or its equivalent. (e) Has passed the examination of the American Board of Opticianry. (f) Has done either of the following: (1) Served as an apprentice dispensing optician for not less than 3 years in an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience in ophthalmic dispensing and has passed an educational program on the theory of ophthalmic dispensing approved by the Board; or (2) Successfully completed a course of study in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing approved by the Board and has had 1 year of ophthalmic experience as an apprentice dispensing optician under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist. (g) Has done all of the following: (1) Successfully completed a course of instruction on the fitting of contact lenses approved by the Board; (2) Completed at least 100 hours of training and experience in the fitting of and filling of prescriptions for contact lenses under the direct supervision of a licensed dispensing optician authorized to fit and fill prescriptions for contact lenses, a licensed ophthalmologist or a licensed optometrist;

(3) Passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; and (4) Passed the practical examination on the fitting of and filling of prescriptions for contact lenses adopted by the Board.

  1. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that establish requirements for: (a) The program of apprenticeship for apprentice dispensing opticians; (b) The training and experience of apprentice dispensing opticians; and (c) The issuance of licenses to apprentice dispensing opticians. Fees for application for license as dispensing optician and apprentice dispensing optician; requirements for examination; waiver of examination; passing score. - 1. An application for the issuance of a license as an apprentice dispensing optician must be accompanied by a fee of not more than $250 to cover the costs of the Board and the initial licensing.
  2. An application for the issuance of a license as a dispensing optician must be accompanied by a fee of not more than $500 to cover the cost of the examination by the Board and the initial licensing.
  3. The Board shall, if it approves an application for the issuance of a license as a dispensing optician, examine the applicant in ophthalmic dispensing, except that the Board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
  4. Except as otherwise provided in NRS 622.090, to pass the examination for the issuance of a license as a dispensing optician, an applicant must achieve a score of at least 70 percent. Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] - 1. In addition to any other requirements set forth in this chapter: (a) An applicant for the issuance of a license as a dispensing optician or apprentice dispensing optician shall include the social security number of the applicant in the application submitted to the Board.

Issuance of license as dispensing optician; display of license; nontransferability; issuance of duplicate license. - 1. The Board shall issue a license as a dispensing optician to each applicant who satisfies the requirements of this chapter for the issuance of the license.

  1. A license as a dispensing optician authorizes the holder to engage in the practice of ophthalmic dispensing and must at all times be conspicuously displayed at the holder's place of practice. The license is not transferable by the holder.
  2. The Board may, upon application and the payment of a fee not to exceed $100, issue one duplicate license. Limited license as dispensing optician. - 1. Except as otherwise provided in this section, a limited license as a dispensing optician authorizes the licensee to engage in the practice of ophthalmic dispensing pursuant to this chapter.
  3. Only a person who is deemed to hold an active, inactive or delinquent limited license as a dispensing optician on February 1, 2004, may hold a limited license as a dispensing optician. A limited license as a dispensing optician may not be issued to any other person.
  4. A person practicing ophthalmic dispensing pursuant to a limited license: (a) Except as otherwise provided in this section, is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal or reactivation of a license; and (b) Shall not sell, furnish or fit contact lenses.
  5. A limited license as a dispensing optician: (a) Expires on January 31 of each year. (b) May be renewed before its expiration upon: (1) Presentation of proof of completion of the continuing education required by this section; and (2) Payment of a renewal fee set by the Board of not more than $200. (c) Except as otherwise provided in subsection 5, is delinquent if it is not renewed before January 31 of each year. Not later than 2 years after the expiration of a limited license, a delinquent limited license may be reinstated, at the discretion of the Board,

upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.

  1. Upon written request to the Board, and payment of a fee not to exceed $300, a licensee in good standing may have his or her name and limited license as a dispensing optician transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the limited license is inactive. If an inactive licensee wishes to resume the practice of ophthalmic dispensing as limited by this section, the Board shall reactivate the limited license upon: (a) If deemed necessary by the Board, the demonstration by the licensee that the licensee is then qualified and competent to practice; (b) The completion of an application; and (c) Payment of the renewal fee set by the Board pursuant to subsection 4.
  2. To reactivate a limited license as a dispensing optician pursuant to subsection 5, an inactive licensee is not required to pay the delinquency fee and the renewal fee for any year while the license was inactive.
  3. Except as otherwise provided in subsection 8, each person with a limited license as a dispensing optician must complete courses of continuing education in ophthalmic dispensing each year. Such continuing education must: (a) Encompass such subjects as are established by regulations of the Board. (b) Consist of a minimum of 12 hours for a period of 12 months.
  4. A person with a limited license as a dispensing optician who is on active military service is exempt from the requirements of subsection 7.
  5. The Board shall adopt any other regulations it determines are necessary to carry out the provisions of this section. Apprentice dispensing optician: Expiration and renewal of license; fees; continuing education; limitations on renewal. - 1. Except as otherwise provided in this section: (a) The license of an apprentice dispensing optician expires on January 31 of each year unless the license is renewed before expiration upon payment of the annual renewal fee set by the Board, not to exceed $200. (b) The license of an apprentice dispensing optician that is not renewed before January 31 is delinquent. A delinquent license may be reinstated at the discretion of the Board upon payment of each applicable annual renewal fee and an annual delinquency fee established by the Board, not to exceed $100.

Special license as dispensing optician. - 1. The Board shall issue a special license as a dispensing optician to an applicant who: (a) Is at least 18 years of age; (b) Is of good moral character; (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; (d) Is a graduate of an accredited high school or its equivalent; (e) Has passed the National Opticianry Competency Examination of the American Board of Opticianry; (f) Is currently certified by the American Board of Opticianry; (g) Has passed the Contact Lens Registry Examination of the National Contact Lens Examiners; (h) Is currently certified by the National Contact Lens Examiners; (i) Has passed an examination, if one exists, which is based solely on the provisions of this chapter and any regulations adopted pursuant thereto and is administered by the Board; and (j) Has either: (1) An active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or (2) Not less than 5 years of experience as a dispensing optician.

  1. A person practicing ophthalmic dispensing pursuant to a special license as provided in this section is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal, inactivity or reactivation of a license. Dispensing optician: Continuing education. - 1. Except as otherwise provided in subsection 2, all licensed dispensing opticians must complete a yearly program of continuing education in ophthalmic dispensing.

  2. Licensed dispensing opticians on active military service are exempt from the requirement of this section.

  1. The program of continuing education in ophthalmic dispensing must: (a) Encompass such subjects as are established by regulations of the Board. (b) Consist of a minimum of 14 hours for a period of 12 months. Of these 14 hours, 7 hours must be related to contact lenses. Dispensing optician: Expiration and renewal of license; fees; inactive status; reactivation of license. - 1. A license as a dispensing optician issued under the provisions of this chapter expires on January 31 of each year.
  2. A license may be renewed before its expiration upon: (a) Presentation of proof of completion of the continuing education required by NRS 637.135; and (b) Payment of a renewal fee set by the Board of not more than $500.
  3. Except as otherwise provided in subsection 4, any license which is not renewed before January 31 of each year shall be deemed delinquent. Not later than 2 years after the expiration of a license, a delinquent license may be reinstated, at the discretion of the Board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.
  4. Upon written request to the Board, and payment of a fee not to exceed $300, a licensee in good standing may have his or her name and license transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the license is inactive. If an inactive licensee desires to resume the practice of ophthalmic dispensing, the Board shall reactivate the license upon the: (a) Demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice; (b) Completion of an application; and (c) Payment of the renewal fee set by the Board pursuant to subsection 2. Ê Payment of the delinquency fee and the renewal fee for any year while the license was inactive is not required. Grounds; authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records. - 1. Upon proof by substantial evidence that an applicant or holder of a license: (a) Has been adjudicated insane;

$10,000, suspend or revoke the holder's license, or take any combination of these disciplinary actions.

  1. The Board shall not privately reprimand a holder of a license.
  2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
  3. The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility. Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] - 1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed as a dispensing optician or apprentice dispensing optician, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
  4. The Board shall reinstate a license as a dispensing optician or apprentice dispensing optician that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560. Reinstatement of revoked license; fee. - 1. Any licensee whose license was revoked by the Board may apply for reinstatement of the license pursuant to the provisions of chapter 622A of NRS.
  5. In addition to the requirements for reinstatement of the license pursuant to chapter 622A of NRS, the Board may reinstate the license upon the applicant's payment of a fee set by the Board to cover the administrative costs of any investigation and hearing. Expiration of prescriptions. - A prescription received by a dispensing optician shall be deemed to have an expiration date of 2 years after the date the prescription was issued unless the practitioner who wrote the prescription includes on the prescription a different period.

Investigation of unlicensed activity; issuance of order to cease and desist; administrative fine; retention of complaints. - 1. The Board shall conduct an investigation if it receives a complaint that sets forth reason to believe that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter. The complaint must be: (a) Made in writing; and (b) Signed and verified by the person filing the complaint.

  1. If the Board determines that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter, the Board: (a) Shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains the proper license from the Board. (b) May, after notice and opportunity for a hearing, impose upon the person an administrative fine of not more than $10,000. The imposition of an administrative fine is a final decision for the purposes of judicial review.
  2. An administrative fine imposed pursuant to this section is in addition to any other penalty provided in this chapter.
  3. The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon. Administrative fine for violation of provisions governing employment and supervision of dispensing opticians, apprentice dispensing opticians and other assistants. - 1. The Board may impose an administrative fine against a person who is not licensed pursuant to the provisions of this chapter if: (a) The person violates any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section; or (b) The person employs a dispensing optician, apprentice dispensing optician or other person and the dispensing optician, apprentice dispensing optician or other person, in the course of his or her employment or apprenticeship, violates any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section.
  4. The Board may impose a separate administrative fine against the person for each act that constitutes a separate violation.
  5. In the first administrative proceeding brought against the person pursuant to this section, the Board may impose, for each act that constitutes a separate violation, an administrative fine of not more than $1,000.
  1. The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.
  2. Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.
  3. Furnishing or advertising the furnishing of the services of a refractionist, optometrist, physician or surgeon.
  4. Changing the prescription of a lens without an order from a person licensed to issue such a prescription.
  5. Filling a prescription for a contact lens in violation of the expiration date or number of refills specified by the prescription.
  6. Violating any provision of this chapter Hour of continuing education - Hour of continuing education" means 50 minutes of instruction devoted to a program of continuing education that is related to the practice of ophthalmic dispensing. Hour of training and experience - "Hour of training and experience" means 50 minutes of instruction devoted to a program of training and experience that is related to the practice of ophthalmic dispensing. Manage a business engaged in ophthalmic dispensing - the Board will interpret the term "manage a business engaged in ophthalmic dispensing" to mean having the responsibility for ophthalmic dispensing and having direct supervisory responsibility for employees who engage in ophthalmic dispensing, including employees who are not licensed pursuant to this chapter and chapter 637 of NRS, at a single place of business. Requirements for managing ophthalmic dispensing - 1. A person who manages a business engaged in ophthalmic dispensing: (a) Must be a dispensing optician or a dispensing optician with a limited license; (b) Is responsible for supervising the ophthalmic dispensing and the consulting on optical fashions conducted at the business engaged in ophthalmic dispensing; and (c) Must, within 10 days after becoming the ophthalmic manager of the business, notify the Board, in writing, that he or she is the ophthalmic manager.
  7. Each ophthalmic dispensing area of a business engaged in ophthalmic dispensing must have an ophthalmic manager as described in subsection 1 who makes decisions that concern ophthalmic dispensing and a business manager who makes decisions that

do not concern ophthalmic dispensing, except that the ophthalmic manager and the business manager may be the same person. The ophthalmic manager must have ultimate authority with respect to any matter relating to ophthalmic dispensing governed by the provisions of this chapter or chapter 637 of NRS, and the decision of the ophthalmic manager with respect to any such matter may not be superseded by the business manager.

  1. An apprentice dispensing optician shall not: (a) Act as a person who manages a business engaged in ophthalmic dispensing; or (b) Under any circumstances act in such a manner as to supersede the authority or any decision of a dispensing optician or a dispensing optician with a limited license.
  2. As used in this section, "person who manages a business engaged in ophthalmic dispensing" means the person who is in charge of the ophthalmic dispensing area of such a business. The term does not include the general manager of a retail establishment who is not in charge of ophthalmic dispensing. Completion and proof of required hours of training and experience - 1. An applicant for a license as a dispensing optician must furnish proof on a form provided by the Board and signed by the supervisor of the applicant that he or she has completed the following hours of training and experience relating to the fitting and filling of prescriptions for contact lenses required pursuant to subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100: (a) Thirty hours of contact lens fitting; (b) Twenty hours of follow-up care relating to contact lens fitting; (c) Twenty hours of instrumentation; (d) Fifteen hours of insertion and removal of contact lenses; (e) Ten hours of inspection of contact lenses; and (f) Five hours of filling prescriptions for contact lenses.
  3. The completion of one or more courses of instruction in contact lens fitting or contact lens theory in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing approved by the Board may count toward the completion of the hours of training and experience described in subsection 1.
  4. As used in subsection 1, "supervisor" means an ophthalmologist, an optometrist or a dispensing optician.

Scope, content and administration of examination; request for review of examination papers - 1. The Board's examination for a license as a dispensing optician will test the dispensing skills of the applicant.

  1. The examination will test the applicant's proficiency and knowledge in the following subjects and approximate proportions: (a) Neutralization of ophthalmic products, 30 percent. (b) Optical theory, 15 percent. (c) Dispensing of ophthalmic products, 10 percent. (d) The provisions of this chapter and chapter 637 of NRS, 15 percent. (e) Anatomy, physiology and health of the eye, 15 percent. (f) Ophthalmic product identification, 5 percent. (g) Ophthalmic instrumentation, 10 percent.
  2. If an applicant for a license as a dispensing optician holds a limited license as a dispensing optician in good standing, the Board may modify the examination described in this section to test the applicant's proficiency and knowledge in the following subjects and approximate proportions: (a) Basic contact lens, 30 percent. (b) The provisions of this chapter and chapter 637 of NRS, 15 percent. (c) Slide identification, 15 percent. (d) Neutralization of ophthalmic products, 20 percent. (e) Instrumentation and fitting, 20 percent.
  3. The examination will be conducted in the presence of at least two board members, both of whom must be dispensing opticians. Other dispensing opticians may be employed by the Board to assist in administering the practical examination.
  4. An applicant who fails the examination and wishes to have a review of his or her examination papers must submit a request for a review on a form provided by the Board within 60 days after the examination. Continuing education: Submission of certificate; exemption - 1. Except as otherwise provided in subsection 2, a copy of a certificate proving that a dispensing optician or a

dispensing optician with a limited license has taken the required hours of continuing education must be submitted to the Board at the time of license renewal.

  1. A dispensing optician or dispensing optician with a limited license who received his or her license by examination is not required to submit a copy of a certificate of continuing education for the first renewal of the license. Continuing education: Subjects; approval of and credit for courses; minimum hours -
  2. Subjects for continuing education in ophthalmic dispensing include: (a) Mechanical and geometric optics; (b) The measurement, fitting and adapting of eyeglasses, contact lenses and optical prosthetics; (c) Optical materials and their design and uses as visual aids; (d) The nature and properties of light and its refraction by lenses; (e) The anatomy and physiology of the eye and its appendages; (f) The principles of management relating to ophthalmic dispensing; (g) The principles of ophthalmic dispensing and the wearing of contact lenses related to ophthalmology and optometry; (h) Refractometry; (i) Anatomy, physiology and health of the eye; (j) Ethics in ophthalmic dispensing; (k) Ophthalmic products; (l) Cardiopulmonary resuscitation training; and (m) The provisions of this chapter and chapter 637 of NRS.
  3. The Board will approve each course of continuing education and determine the number of credits to be given for each course. A sponsor of a course shall submit to the Board an outline of the course, and any other related materials that the Board may require, for approval of the course before the course is offered.
  4. A licensee is not entitled to receive credit for a course of continuing education unless the course is approved by the Board. A licensee may seek approval of a course before attending the course to receive credit towards his or her hours of continuing education

(a) Submitting a letter to the Board requesting the reactivation of the license; (b) Obtaining, within the 12 months immediately preceding the submission of the letter requesting reactivation of the license: (1) If the holder is a dispensing optician, 14 hours of continuing education credits, as required pursuant to NAC 637.200; or (2) If the holder is a dispensing optician with a limited license, 12 hours of continuing education credits, as required pursuant to NAC 637.200; (c) Submitting the statement required pursuant to NRS 637.113; and (d) Paying the fee for reactivation of the license as set forth in NAC 637.220. Reinstatement of delinquent license - A dispensing optician who fails to renew his or her license or limited license before the license or limited license expires on January 31 of each year may have the license or limited license reinstated if the dispensing optician:

  1. Applies for reinstatement within 2 years of the expiration of the license or limited license;
  2. Provides proof of completion of any required continuing education;
  3. Pays the renewal fee; and
  4. Pays the delinquency fee. Fees for renewal, reinstatement, transfer and reactivation of license - 1. The fee for the annual renewal of a: (a) License as a dispensing optician is $300. (b) Limited license as a dispensing optician is $200.
  5. The annual delinquency fee for reinstatement of a: (a) License as a dispensing optician is $300. (b) Limited license as a dispensing optician is $200.
  6. The fee for the transfer of a: (a) License as a dispensing optician to an inactive list is $300.

(b) Limited license as a dispensing optician to an inactive list is $200.

  1. The fee for the reactivation of a: (a) License as a dispensing optician is $300. (b) Limited license as a dispensing optician is $200. Licensees to file addresses and change of address with Board - 1. Each licensee in this State shall file with the Board the licensee's home or mailing address and business address.
  2. The Board must be notified of a change of a licensee's home or business address within 30 days of such change. Grounds for disciplinary action: "Unethical or unprofessional conduct" interpreted -
  3. As used in paragraph (k) of subsection 1 of NRS 637.150, the Board will interpret the phrase "unethical or unprofessional conduct" to include, without limitation: (a) Performing acts beyond the scope of the practice of ophthalmic dispensing; (b) Performing dispensing duties while under the influence of intoxicating liquor or a controlled substance; (c) Presenting any false or deceptive information to the Board or public; (d) Engaging in the sexual harassment of any employee or consumer; (e) Attempting to obtain or retain a consumer, either directly or indirectly, by way of intimidation, coercion or deception; (f) Engaging in conduct that would lead to the harm or endangerment of the public; or (g) Engaging in conduct that would be a violation of NAC 637.237.
  4. As used in this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other speech or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an employee's work performance or creating an environment which is intimidating, hostile or offensive to an employee or consumer. Use of supervisory authority over person who manages business engaged in ophthalmic dispensing - A person who has supervisory authority over a person who manages a business engaged in ophthalmic dispensing 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.