NAC636.240. Agreements to lease between licensees and unlicensed persons.  


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  • Except as otherwise provided in NRS 636.347, an agreement between a licensee and a person who is not licensed pursuant to the provisions of chapter 636 of NRS for the leasing of a building or a part thereof for use in the licensee’s practice must not include a provision that:

         1. Authorizes the person who is not licensed to exercise control over the operation of the licensee’s practice or his employees in violation of the provisions of chapter 636 of NRS.

         2. Authorizes the person who is not licensed to share in the profits of the licensee’s practice in violation of the provisions of chapter 636 of NRS.

         3. Authorizes the person who is not licensed to have access to the medical records of the licensee’s patients.

         4. Authorizes the licensee to locate his office in a part of the building where the person who is not licensed conducts business without providing a clear separation between the licensee’s office and the business of the person who is not licensed.

         5. Prohibits the licensee from having access to his office, equipment or records at any time.

         6. Except as otherwise provided in NRS 636.372, authorizes or requires the amount of rent to be determined on any basis other than the fair rental value of the building or a part thereof to be leased.

         7. Violates any provision of NRS or NAC which relates to the practice of optometry.

     (Added to NAC by Bd. of Optometry, eff. 8-4-94)