The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

1. Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

2. Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

3. An alcohol or other substance use disorder.

4. Gross incompetency.

5. Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

6. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

7. Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

8. Perpetration of unethical or unprofessional conduct in the practice of optometry.

9. Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

10. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility is suspended or revoked; or

(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

11. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.

12. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule III or IV.

13. Any violation of a state or federal law or regulation relating to or involving the practice of optometry, including, without limitation, a violation relating to:

(a) The organizational structure or control of any optometric practice or entity;

(b) The maintenance, availability or distribution of any medical record of a patient;

(c) The improper disclosure of any protected information of a patient; and

(d) Fraud.

[67:208:1955] — (NRS A 1971, 2038; 1985, 155; 1987, 1564; 1993, 790, 2871; 2003, 2711; 2009, 890; 2011, 263, 854; 2015, 123, 1176; 2017, 4429; 2019, 2207, 3647, 3892)