CHAPTER 7. Optometry [3000. - 3167.]

Chapter 7 added by Stats. 1937, Ch. 423.

§§ 3000–3167 · 109 sections

1. ARTICLE 1. General Provisions §§ 3000–3007 · 9 sections

   • § 3000 This chapter constitutes the chapter on optometry. It shall be known and may be cited as the Optometry Practice Act.
   • § 3001 As used in this chapter, an ophthalmic lens is any lens which has a spherical, cylindrical, or prismatic power or value.
   • § 3002 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.
   • § 3003 As used in this chapter, “optometrist” means a natural person who is licensed to practice optometry in this state under the authority of this chapter.
   • § 3004 (a) As used in this chapter, “board” means the California State Board of Optometry. (b) Any reference in this code or any other code to the “State Board of…
   • § 3004.5 As used in this chapter, “person” means a natural person, partnership, corporation, limited liability company, or other organization, or any combination…
   • § 3005 As used in this chapter, “place of practice” means any location where optometry is practiced.
   • § 3006 As used in this chapter, the term “advertise” and any of its variants include the use of a newspaper, magazine, the Internet, or other publication, book,…
   • § 3007 An optometrist shall retain a patient’s records for a minimum of seven years from the date he or she completes treatment of the patient. If the patient is a…
2. ARTICLE 2. Administration §§ 3010.1–3030 · 26 sections

   • § 3010.1 Protection of the public shall be the highest priority for the California State Board of Optometry in exercising its licensing, regulatory, and disciplinary…
   • § 3010.5 (a) There is in the Department of Consumer Affairs a California State Board of Optometry in which the enforcement of this chapter is vested. The board consists…
   • § 3011 (a) Members of the board, except the public members and the registered dispensing member, shall be appointed only from persons who are registered optometrists…
   • § 3013 (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…
   • § 3014 The board shall elect from its membership a president, a vice president, and a secretary who shall hold office for one year or until the election and…
   • § 3014.6 (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…
   • § 3016 Each member of the board shall receive a per diem and expenses as provided in Section 103.
   • § 3017 The board shall hold regular meetings every calendar quarter. Special meetings shall be held upon request of a majority of the members of the board or upon the…
   • § 3018 The board shall keep an accurate record of all of its licensees, proceedings, and meetings.
   • § 3019 The board shall keep a record of all prosecutions for violations of this chapter and of all applications for licensure and examination.
   • § 3020 (a) There shall be established under the California State Board of Optometry a dispensing optician committee to advise and make recommendations to the board…
   • § 3021 The board shall have rulemaking authority with respect to Chapter 5.5 (commencing with Section 2550) in accordance with Section 3025. Regulations adopted…
   • § 3023 For the purposes of this chapter, the board shall accredit schools, colleges, and universities in or out of this state providing optometric education, that it…
   • § 3023.1 (a) The nonresident contact lens seller program established under Chapter 5.45 (commencing with Section 2546) and the registered dispensing optician, spectacle…
   • § 3024 The board may grant or refuse to grant an optometrist license as provided in this chapter and may revoke or suspend the license of any optometrist for any of…
   • § 3024.5 (a) Information sent from an email account of the board to a valid email address provided by an applicant, registrant, or licensee is presumed to have been…
   • § 3025 The board may make and promulgate rules and regulations governing procedure of the board, the admission of applicants for examination for a license as an…
   • § 3025.1 The board may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately…
   • § 3025.2 The board may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately…
   • § 3025.5 The board may adopt regulations prescribing minimum standards governing the optometric services offered or performed, the equipment, or the sanitary…
   • § 3025.6 The board may adopt regulations clarifying the level of training and the level of supervision of assistants.
   • § 3025.7 Except as provided in Sections 3102 and 3103, nothing contained in Section 651.3 shall be construed as authorizing the board to adopt, amend, or repeal rules…
   • § 3026 The board may adopt and use a common seal and establish a permanent office or offices.
   • § 3027 The board shall employ an executive officer and other necessary assistance in the carrying out of the provisions of this chapter. The executive officer shall…
   • § 3028 The Attorney General shall act as the legal counsel for the board and his or her services shall be a charge against it.
   • § 3030 (a) The board, or its designated agent, may at any time inspect either of the following: (1) Any premise in which optometric services, as defined in Section…
3. ARTICLE 3. Admission to Practice §§ 3040–3060 · 22 sections

   • § 3040 (a) It is unlawful for a person to engage in the practice of optometry or to advertise or hold himself or herself out as an optometrist without a valid,…
   • § 3041 (a) The practice of optometry includes the diagnosis, prevention, treatment, and management of disorders and dysfunctions of the visual system, as authorized…
   • § 3041.1 An optometrist diagnosing or treating eye disease shall be held to the same standard of care to which physicians and surgeons and osteopathic physicians and…
   • § 3041.2 The California State Board of Optometry shall, by regulation, establish educational and examination requirements for licensure to ensure the competence of…
   • § 3041.3 (a) In order to be certified to use therapeutic pharmaceutical agents and authorized to diagnose and treat the conditions listed in subdivisions (b) and (d) of…
   • § 3041.5 (a) A person requesting to be certified to administer immunizations pursuant to Section 3041 shall apply for a certificate from the board pursuant to an…
   • § 3042 The provisions of this chapter do not prevent a licensed physician and surgeon from treating or fitting glasses to the human eye, or from doing any act within…
   • § 3042.5 (a) The practice of persons actually enrolled as undergraduate or graduate students of optometry in the clinical departments of schools or colleges of…
   • § 3043 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…
   • § 3044 A person over the age of 18 years desiring to engage in the practice of optometry in this state may file an application for examination and an application for…
   • § 3045 Applications shall be verified by the oath of the applicant and shall contain information and evidence satisfactory to the board showing the eligibility of the…
   • § 3046 In order to obtain a license to practice optometry in California, an applicant shall be a natural person, have graduated from an accredited school of…
   • § 3046.1 (a) The board shall issue a temporary license to practice optometry to a person who applies for and is eligible for licensure pursuant to Section 3046, but who…
   • § 3047 (a) The board shall develop an interface with the National Practitioner Data Bank for the purpose of conducting inquiries on applicants for licensure,…
   • § 3051 All applicants for examination for an optometrist license in accordance with the educational and examination requirements adopted pursuant to Section 3023.1…
   • § 3053 All examinations shall be practical in character, designed to ascertain applicants’ fitness to practice the profession of optometry and conducted in the…
   • § 3054 The passing grades for the licensure examination shall be based on psychometrically sound principles of establishing minimum qualifications and levels of…
   • § 3055 The board shall issue a license to an applicant who meets the requirements of this chapter, including the payment of the prescribed licensure, certification,…
   • § 3056 (a) The board may issue a license to practice optometry to a person who meets all of the following qualifications: (1) Has a degree as a doctor of optometry…
   • § 3057 (a) The board may issue a license to practice optometry to a person who meets all of the following requirements: (1) Has a degree as a doctor of optometry…
   • § 3059 (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…
   • § 3060 The board shall periodically develop and disseminate to all persons licensed to practice optometry information and educational material regarding all of the…
4. ARTICLE 4. Registration §§ 3070–3078 · 7 sections

   • § 3070 (a) Before engaging in the practice of optometry, each licensed optometrist shall notify the board in writing of the address or addresses where he or she is to…
   • § 3070.1 (a) For purposes of this section, the following terms have the following meanings: (1) “Health facility” means a health facility, as defined in Section 1250 of…
   • § 3070.2 (a) As used in this section, “mobile optometric office” means a trailer, van, or other means of transportation in which the practice of optometry, as defined…
   • § 3075 An optometrist shall post in each location where he or she practices optometry, in an area that is likely to be seen by all patients who use the office, his or…
   • § 3076 A licensed optometrist shall deliver to each patient that makes a payment to the practice, excluding insurance copayments and deductibles, a receipt that…
   • § 3077 As used in this section, “office” means any office or other place for the practice of optometry, including but not limited to vans, trailers, or other mobile…
   • § 3078 (a) 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…
5. ARTICLE 5. Revocation and Suspension §§ 3090–3112 · 24 sections

   • § 3090 Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter or any of the regulations adopted by the…
   • § 3090.5 The board may revoke a license issued to a licensee upon a decision, made in a proceeding as provided in Section 3092, that contains a finding of fact of…
   • § 3091 (a) The board may deny an optometrist license to any applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or…
   • § 3092 All proceedings against a licensee for any violation of this chapter or any of the regulations adopted by the board, or against an applicant for licensure for…
   • § 3093 Before setting aside the revocation or suspension of any optometrist license, the board may require the applicant to pass the regular examination given for…
   • § 3094 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 that…
   • § 3095 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…
   • § 3096 (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by the Board of Optometry, there is…
   • § 3097 The sending of a solicitor from house to house or the soliciting from house to house by the holder of an optometrist license constitutes a cause to revoke or…
   • § 3098 When the holder uses the title of “Doctor” or “Dr.” as a prefix to his or her name, without using the word “optometrist” as a suffix to his or her name or in…
   • § 3099 No optometrist shall advertise or otherwise hold himself or herself out to be a specialist in eye disease and the treatment thereof.
   • § 3100 The holding out as having a special knowledge of optometry, as defined in this chapter, by the holder of a license, constitutes a cause to revoke or suspend…
   • § 3101 It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be an optometrist without having at the time of so doing a…
   • § 3102 It is unlawful to advertise as being free or without cost the furnishing of optometric services where these services are contingent upon payment or other…
   • § 3103 It is unlawful to include in any advertisement relating to the sale or disposition of goggles, sunglasses, colored glasses, or occupational eye-protective…
   • § 3104 The employing of what are known as “cappers” or “steerers” to obtain business constitutes unprofessional conduct.
   • § 3105 Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes…
   • § 3106 Knowingly making or signing any license, certificate, or other document directly or indirectly related to the practice of optometry that falsely represents the…
   • § 3107 It is unlawful to use or attempt to use any license or certificate issued by the board that has been purchased, fraudulently issued, counterfeited, or issued…
   • § 3108 When the holder is suffering from a contagious or infectious disease, it constitutes a cause to suspend his or her license during the period of continuance of…
   • § 3109 Directly or indirectly accepting employment to practice optometry from any person not having a valid, unrevoked license as an optometrist or from any company…
   • § 3110 The board may take action against any licensee who is charged with unprofessional conduct, and may deny an application for a license if the applicant has…
   • § 3111 It is unprofessional conduct and a violation of this chapter for a person licensed under this chapter to violate, attempt to violate, assist in the violation…
   • § 3112 (a) An optometrist shall not knowingly provide optometric services to any patient who scheduled their appointment for optometry services through any…
6. ARTICLE 6. Offenses Against the Chapter §§ 3120–3137 · 2 sections

   • § 3120 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…
   • § 3137 (a) Except as otherwise provided in this section, any accusation filed against a licensee pursuant to Section 11503 of the Government Code for the violation of…
7. ARTICLE 7. Revenue §§ 3145–3152.5 · 13 sections

   • § 3145 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…
   • § 3145.5 Administrative fines collected pursuant to Section 3095 shall be deposited in the Optometry Fund. It is the legislative intent that moneys collected as fines…
   • § 3146 An optometric license issued under this chapter expires at midnight on the last day of the month in which the license was issued during the second year of a…
   • § 3147 (a) Except as otherwise provided by Section 114, an expired optometrist license may be renewed at any time within three years after its expiration, and a…
   • § 3147.5 A license that has been suspended is subject to expiration and shall be renewed as provided in this article, but renewal does not entitle the holder of a…
   • § 3147.6 Except as otherwise provided by Section 114, a license that is not renewed within three years after its expiration may be restored, and a retired license…
   • § 3147.7 The provisions of Section 3147.6 shall not apply to a person holding a license that has not been renewed within three years of expiration, if the person…
   • § 3148 From each fee for the renewal of a license for the biennial renewal of a license, there shall be paid the sum of sixteen dollars ($16) by the Director of…
   • § 3150 The department may make all necessary disbursements to carry out the provisions of this chapter.
   • § 3151 (a) The board shall issue, upon application and payment of the fee described in Section 3152, a retired license to an optometrist who holds a license that is…
   • § 3151.1 (a) The board shall issue, upon application and payment of the fee described in Section 3152, a license with retired volunteer service designation to an…
   • § 3152 The amounts of fees and penalties prescribed by this chapter shall be established by the board in amounts not greater than those specified in the following…
   • § 3152.5 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…
8. ARTICLE 8. Optometric Corporations §§ 3160–3167 · 6 sections

   • § 3160 An optometric corporation is a corporation that is authorized to render professional services, as described in Sections 13401 and 13401.5 of the Corporations…
   • § 3163 Except as provided in Section 3078, the name of an optometric corporation and any name or names under which it may be rendering professional services shall…
   • § 3164 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…
   • § 3165 The income of an optometric corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the…
   • § 3166 An optometric corporation shall not do or fail to do an act the doing of which or the failure to do which would constitute unprofessional conduct under any…
   • § 3167 The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring…