449.24897 - Order to cease and desist operation for failure to obtain license; injunction; penalties.
449.24897 Order to cease and desist operation for failure to obtain license; injunction; penalties.
1. If the Health Division believes that a person who is required to obtain a license pursuant to this chapter is operating a facility for refractive surgery without such a license, the Health Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service.
2. An order issued pursuant to subsection 1 expires 30 days after the date of service unless the Health Division institutes an action in a court of competent jurisdiction seeking an injunction.
3. Upon a showing by the Health Division that a person is operating a facility for refractive surgery without a license issued pursuant to this chapter, a court of competent jurisdiction may:
(a) Enjoin the person from operating the facility.
(b) Impose a civil penalty to be recovered by the Health Division of not more than $10,000 for the first offense and of not less than $10,000 or more than $20,000 for a second or subsequent offense.
4. A person enjoined or penalized pursuant to subsection 3 may not apply for a license to operate a facility for refractive surgery for a period of 6 months after the date on which the court issues the injunction or penalty.
(Added to NRS by 2009, 451)
NRS 449.24898 Collaboration between ophthalmologist and optometrist authorized pursuant to NRS 636.374. The provisions of NRS 449.2489 to 449.24898, inclusive, do not prohibit an ophthalmologist from collaborating with an optometrist to provide care to a patient if the collaboration complies with the requirements of NRS 636.374.
(Added to NRS by 2009, 452)