Business and Professions Code
DIVISION 2. HEALING ARTS
CHAPTER 7. OPTOMETRY


As used in this chapter, the term advertise and any of its variants include the use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter,...


As used in this chapter, an ophthalmic lens is any lens which has a spherical, cylindrical or prismatic power or value....


As used in this chapter, a trial frame or test lens is any frame or lens used in testing the eye, which is not sold and is not for sale to clients.


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Protection of the public shall be the highest priority for the State Board of Optometry in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of...


(a) There is in the Department of Consumer Affairs a State Board of Optometry in which the enforcement of this chapter is vested. The board consists of 11 members, five of whom shall...


Members of the board, except the public members, shall be appointed only from persons who are registered optometrists of the State of California and actually engaged in the practice of...


No member of the board shall be financially interested in any purchase or contract in which the board is interested nor shall he be financially interested in the sale of any property...


(a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of his or her successor or until one year shall have...


The board shall organize and elect from its membership a president, a vice president and a secretary who shall hold office for one year or until the election and qualification of a successor....


(a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the...


The executive officer shall keep all the records of the board and discharge such other duties as the board shall from time to time prescribe....


The secretary shall be entitled to his traveling and other necessary expenses. The secretary shall not receive a salary for acting in such capacity. Each member of the board shall receive a...


The board shall hold regular meetings at least once a year at which an examination of applicants for certificates of registration shall be given. Special meetings shall be held upon request...


The board shall keep an accurate record of all of its proceedings and of all its meetings....


The board shall also keep a record of all prosecutions for violations of this chapter and of all examinations held for applicants for certificates of registration together with the...


The board shall keep an accurate inventory of all property of the board and of the state in the possession of the board and it shall obtain a receipt therefor from its successor....


The board may keep a register of optometrists which shall contain the names and addresses of all persons to whom certificates of registration have been issued in the State of California....


The board shall publish and distribute a syllabus of the educational requirements and the examination requirements for the obtainment of a certificate to practice optometry within this State....


The board may visit and examine schools, colleges and universities or their divisions or departments in this state which provide optometric education. For the purposes of this chapter, it...


After January 1, 1972, the board may adopt such rules and regulations as are, in its judgment, reasonable and necessary to insure that optometrists have the knowledge to adequately...


The board may grant or refuse to grant certificates of registration as provided in this chapter and may revoke or suspend the certificate of registration of any optometrist for any of...


The board may make and promulgate rules and regulations governing procedure of the board, the admission of applicants for examination for certificates of registration as optometrists,...


The board may adopt regulations prescribing minimum standards governing the optometric services offered or performed, the equipment, or the sanitary conditions, in all offices for the practice...


The board may adopt regulations clarifying the level of training and the level of supervision of assistants....


The board may adopt and use a common seal and establish a permanent office or offices....


In the process of hearing, investigating, and reviewing complaints, the board shall separate those complaints that concern the actions of any optometrist acting within the scope of practice...


Except as provided by Section 159.5, and in lieu of Section 3016, the board shall employ an executive officer and other necessary assistance in the carrying out of the provisions of this...


With respect to the practices set forth in subdivisions (b), (d), and (e) of Section 3041, optometrists diagnosing or treating eye disease shall be held to the same standard of care...


Except as provided in Sections 3129 and 3130, nothing contained in Section 651.3 shall be construed as authorizing the board to adopt, amend, or repeal rules and regulations relating...


It is unlawful for any person to engage in the practice of optometry or to display a sign or in any other way to advertise or hold himself out as an optometrist without having first...


(a) The practice of optometry includes the prevention and diagnosis of disorders and dysfunctions of the visual system, and the treatment and management of certain disorders and...


(3) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training, or orthoptics. (4) The prescribing of contact...


(a) The State Board of Optometry shall by regulation, establish educational and examination requirements for licensure to insure the competence of optometrists to practice pursuant...


(a) In order to be certified to use therapeutic pharmaceutical agents and authorized to diagnose and treat the conditions listed in subdivisions (b), (d), and (e) of Section 3041, an...


The provisions of this chapter do not prevent a duly licensed physician and surgeon from treating or fitting glasses to the human eye, or from doing any act within the practice of optometry,...


(a) The practice of persons actually enrolled as undergraduate or graduate students of optometry in the clinical departments of schools or colleges of optometry accredited by the board shall...


The provisions of this chapter do not prohibit the sale of goggles, sun glasses, colored glasses or occupational eye-protective devices if they do not have refractive values nor do...


Any person over the age of 18 years desiring to engage in the practice of optometry in this state may file an application for examination before the board. The application shall be...


The application shall be duly verified by the oath of the applicant and shall contain the name, age and address of the applicant and a statement of the previous examinations, if any, that he...


Except as otherwise provided in this chapter and in rules and regulations promulgated by the board after January 1, 1972, each applicant shall show the board by satisfactory evidence that...


Each applicant for examination shall also furnish a verified copy satisfactory to the board of his diploma, certificate of graduation or transcript of record from a high school accredited...


All applicants for examination for a certificate of registration in accordance with the educational and examination requirements adopted pursuant to Section 3023.1 shall show the...


Examinations shall be held by the board at least once a year with such additional examinations as the board desires to hold. The time and place of any examination shall be fixed by the...


All examinations shall be practical in character, designed to ascertain applicants' fitness to practice the profession of optometry and conducted in the English language. The board may by rule...


No applicant shall be passed by the board who fails to obtain a grade of 75 percent, as determined by the board, in every section or test of the examination in which he is required to be...


All applicants, without discrimination, who satisfactorily pass the examination, shall thereupon be registered in the board's register of optometrists and a certificate of registration...


Notwithstanding any other provision of this chapter, the board may issue a certificate of registration to a person who meets all of the following qualifications: (a) Has a degree as a doctor...


(a) Notwithstanding any other provision of this chapter, the board shall permit a person who meets all of the following requirements to take the examination for a certificate of registration as...


(a) It is the intent of the Legislature that the public health and safety would be served by requiring all holders of licenses to practice optometry granted under this chapter to...


The board shall periodically develop and disseminate to all persons licensed to practice optometry information and educational material regarding all of the following: (a) The detection...


Before engaging in the practice of optometry, each registered optometrist shall notify the board in writing of the address or addresses where he is to engage, or intends to engage, in...


(a) Each holder of a certificate of registration or a certification of issuance of his certificate of registration shall keep it conspicuously posted in his office or place of practice at all...


Any registered optometrist, who temporarily practices optometry outside or away from his regular registered place of practice, shall deliver to each patient there fitted or supplied with glasses...


As used in this section office means any office or other place for the practice of optometry. (a) No person, singly or in combination with others, may have an office unless he or she...


The certificate of registration of any person registered under this chapter, or any former act relating to the practice of optometry, may be revoked or suspended for a fixed period by...


(a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by the Board of Optometry, there is reasonable cause to believe that...


Before setting aside the revocation or suspension of any certificate the board may require the applicant to pass the regular examination given for applicants for certificates of registration....


The conviction of a crime substantially related to the qualifications, functions and duties of an optometrist constitutes a cause to revoke or suspend a certificate of registration. The...


The securing of a certificate of registration as an optometrist or of any other license or permit issued by the board by willfully given false information or a willfully made false statement, in...


The sending of a solicitor from house to house or the soliciting from house to house by the holder of a certificate of registration constitutes a cause to revoke or suspend his...


No optometrist shall advertise or otherwise hold himself or herself out to be a specialist in eye disease and the treatment thereof....


Knowingly making or signing any certificate or other document directly or indirectly related to the practice of optometry that falsely represents the existence or nonexistence of a state...


Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct. In...


When the holder is suffering from a contagious or infectious disease, it constitutes a cause to suspend his certificate of registration during the period of continuance of such disease....


When the holder uses the title of Doctor or Dr. as a prefix to his name, without using the word optometrist as a suffix to his name or in connection with it, or, without holding...


The holding out as having a special knowledge of optometry, as defined in this chapter, by the holder of a certificate of registration, constitutes a cause to revoke or suspend his certificate...


The employing of what are known as cappers or steerers to obtain business constitutes unprofessional conduct....


The obtaining of any fee by fraud or misrepresentation constitutes unprofessional conduct....


The employing, directly or indirectly, of any suspended or unlicensed optometrist to perform any work for which a certificate of registration is required constitutes unprofessional conduct....


Directly or indirectly accepting employment to practice optometry from any person not having a valid, unrevoked certificate of registration as an optometrist or from any company...


The advertising of the practice of optometry, treatment or advice in which untruthful, improbable or impossible statements are made constitutes unprofessional conduct....


Habitual intemperance constitutes unprofessional conduct....


The use or consumption of alcoholic beverages or a narcotic drug by a person holding a certificate under this chapter to the extent or in a manner that is dangerous or injurious to the...


The permitting of another to use his certificate of registration for any purpose constitutes unprofessional conduct....


A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of an optometrist is deemed...


The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or controlled...


The failure of any therapeutic pharmaceutical agent certified optometrist to maintain adequate and accurate records relating to the provision of services to their...


It shall be unprofessional conduct for an optometrist to fail to refer a patient to an appropriate physician where an examination of the eyes indicates a substantial likelihood of any...


Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than...


It is unlawful to alter with fraudulent intent in any material regard a certificate of registration issued by the board....


It is unlawful to use or attempt to use any certificate of registration issued by the board which has been purchased, fraudulently issued, counterfeited or materially altered, as...


It is unlawful to practice optometry under a false or assumed name, or to use a false or assumed name in connection with the practice of optometry, or to make use of any false or assumed...


It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board or for a certificate of registration as an optometrist or...


It is unlawful to practice optometry in this State without having at the time of so doing a valid, unrevoked, and unexpired certificate of registration as an optometrist....


It is unlawful to advertise by displaying a sign or otherwise or hold himself out to be an optometrist without having at the time of so doing a valid unrevoked certificate of registration...


It is unlawful to advertise as being free or without cost the examination or treatment of the eyes or the furnishing of optometrical services....


It is unlawful to include in any advertisement relating to the sale or disposition of goggles, sun-glasses, colored glasses or occupational eye-protective devices, any words or...


In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute,...


In accordance with Section 125.9, the board may establish a system for the issuance of citations, and the assessment of administrative fines, as deemed appropriate by the board....


There is the Optometry Fund in the State Treasury. Unless otherwise provided, all money collected under the authority of this chapter shall be paid into this fund. The board shall not...


Administrative fines collected pursuant to Section 3135 shall be deposited in the Optometry Fund. It is the legislative intent that moneys collected as fines and deposited in the fund be used...


A certificate issued under this chapter expires at 12 p.m. on the last day of the certificate holder's birth month following its original issuance and thereafter at 12 p.m. on the last day...


Except as otherwise provided by Section 114 of this code, an expired certificate may be renewed at any time within three years after its expiration on filing of an application for renewal...


A certificate which has been suspended is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while...


Except as otherwise provided by Section 114 of this code, a certificate that is not renewed within three years after its expiration may be restored thereafter, if no fact,...


The provisions of Section 3147.6 shall not apply to a person holding a certificate which has not been renewed within three years of expiration, if the person provides satisfactory proof that he...


From each fee for the renewal of a certificate of registration for the biennial renewal of a certificate of registration there shall be paid the sum of sixteen dollars ($16) by the Director...


The department may make all necessary disbursements to carry out the provisions of this chapter. Necessary disbursements include payment for the bond of the executive officer of the...


The amount of fees and penalties prescribed by this chapter shall be established by the board in amounts not greater than those specified in the following schedule: (a) The fee for...


The board may require each applicant for a certificate to use therapeutic pharmaceutical agents, pursuant to Section 3041.3, to pay an application fee, and may require each certificate...


Notwithstanding Section 3152, the fee for the examination required by Section 3041.1 shall not exceed thirty-five dollars ($35).


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An optometric corporation is a corporation which is registered with the State Board of Optometry and has a currently effective certificate of registration from the board pursuant...


An applicant for registration as an optometric corporation shall supply to the board all necessary and pertinent documents and information requested by the board concerning the applicant's...


Each optometric corporation shall file with the board at such times as the board may require a report containing such information pertaining to qualification and compliance with the...


Except as provided in Section 3125, the name of an optometric corporation and any name or names under which it may be rendering professional services shall contain and be restricted to the...


Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each director, shareholder, and officer of an optometric corporation shall be a licensed person as defined...


The income of an optometric corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation...


An optometric corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation...


The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring (a) that the articles...




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