Senate BillChaptered/SignedBusiness and Professions
SB 776: Optometry.
What SB 776 does, verified December 13, 2025
The bill aims to extend the operation of the state board of optometry and its authority until January 1, 2030. The board's maximum permitted reserve balance in the optometry fund will increase to 24 months of operating expenses. The bill also increases the minimum and maximum fees for various optometric services. Registered dispensing opticians will have their powers and duties revised, with only spectacle lens dispensers allowed to fit and adjust lenses and take facial measurements. Contact lens dispensers will still be allowed to fit contact lenses. The bill introduces a probationary registration option for applicants, requiring them to complete a clinical training program. Applicants must provide a valid email address, which will not be considered a public record. The bill expands the definition of a dispensing ophthalmic business to include entities offering optical services to the…
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Last action: Chaptered by Secretary of State. Chapter 788, Statutes of 2025. (2025-10-13)Alert me
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| Oct. 13, 2025 | Chaptered by Secretary of State. Chapter 788, Statutes of 2025. |
| Oct. 13, 2025 | Approved by the Governor. |
| Sep. 23, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep. 13, 2025 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3038.) Ordered to engrossing and enrolling. |
| Sep. 13, 2025 | In Senate. Concurrence in Assembly amendments pending. |
Latest bill textChaptered version, October 13, 2025 · 12,331 words
Senate Bill No. 776
CHAPTER 788
An act to amend Sections 2541.2, 2550, 2552, 2553.5, 2558.1, 2559.1, 2560, 2564.5, 2564.6, 2564.71, 2564.76, 2564.79, 2565, 2566, 2566.1, 3003, 3010.5, 3014.6, 3020, 3046, 3046.1, 3057, 3070.2, 3145, 3151, and 3152 of, to add Sections 2555.6, 3004.5, and 3024.5 to, and to repeal and add Section 2564.90 of, the Business and Professions Code, relating to healing arts.
[ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 776, Ashby. Optometry.
(1) Existing law, the Optometry Practice Act, until January 1, 2026, establishes the State Board of Optometry within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of optometry. Under existing law, the board is responsible for the licensure and regulation of registered dispensing opticians, defined to mean spectacle lens dispensers, contact lens dispensers, nonresident ophthalmic lens dispensers, or registered dispensing ophthalmic businesses, as those terms are further defined. Existing law, until January 1, 2026, authorizes the board to appoint an executive officer to perform duties delegated by the board. Existing law establishes the Optometry Fund in the State Treasury and requires all money collected under the act to be paid into that fund and to be available, upon appropriation by the Legislature, to carry out the provisions of the act. Existing law prohibits the board from maintaining a reserve balance in the fund that is greater than 6 months of the appropriated operating expenses of the board in any fiscal year. Existing law makes a violation of the act, or the above-described provisions governing registered dispensing opticians, a crime.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2030. The bill would increase the maximum permitted reserve balance in the fund to 24 months of the appropriated operating expenses of the board, as specified.
Existing law prescribes the minimum and maximum amounts of specified fees and penalties described in the act and set by the board, including renewal of an optometric license and delinquency for renewal of an optometric license. Existing law also specifies the minimum and maximum amounts of fees prescribed in connection with the application for registration, registration, and biennial registration renewal of nonresident ophthalmic lens dispensers and dispensing ophthalmic businesses and for certificates for spectacle lens dispensers and certificates for contact lens dispensers, which are deposited into the Optometry Fund and made available to the board upon appropriation.
This bill would increase the minimum and maximum fee described above. The bill would also delete provisions that prescribe the minimum and maximum amounts of fees imposed for a branch office license, the renewal of a branch office license, and the failure to pay the annual fee for renewal of a branch office license.
Existing law establishes under the board a dispensing optician committee to advise and make recommendations to the board regarding the regulation of dispensing opticians, spectacle lens dispensers, and contact lens dispensers. Existing law specifies that the committee shall consist of 5 members and describes the appointment, qualifications, and terms of those individuals.
This bill would reduce the number of members of the committee to 3 and would make other conforming changes regarding the appointment, qualifications, and terms of the members.
(2) Existing law prohibits a person from engaging in the practice of optometry without a valid, unrevoked California optometrist license and prohibits an individual from holding themselves out as a registered dispensing optician without, at that time, having a valid, unrevoked certificate. Existing law requires an applicant for licensure or registration with the board to meet certain requirements, including submitting an application on forms furnished by the board and providing satisfactory proof of having passed certain examinations. Existing law requires the applicant for an optometry license to execute an acknowledgment under penalty of perjury that the information provided is true and correct, as specified.
This bill would authorize the board to issue a probationary registration to an applicant subject to terms and conditions, including, but not limited to, enrollment and successful completion of a clinical training program. The bill would require an applicant for licensure, registration, or renewal of licensure or registration who possesses a valid email address, as defined, to report that email address to the board at the time of application. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that an email address provided pursuant to the above provisions shall not be considered a public record and shall not be disclosed, except as specified. The bill would provide that 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 delivered to the provided email address.
(3) Existing law prohibits a person located outside California from shipping, mailing, furnishing, or delivering in any manner, ophthalmic lenses at retail to a patient at a California address unless the person is registered with the board. Existing law requires a person subject to registration as described above to ship, mail, furnish, or deliver directly to a patient only spectacle lenses and replacement contact lenses provided pursuant to a valid prescription, as specified.
This bill would specify that the above-described provisions also apply to entities outside California.
(4) Under existing law, registered dispensing opticians are given certain powers and duties, regardless of their specific registration designation. In this regard, existing law authorizes a registered dispensing optician to fit and adjust spectacle lenses and frames or take facial measurements, as specified. Existing law also requires a registered dispensing optician who fits and adjusts spectacle lenses at a health facility or business location to provide to the patient certain written information.
This bill would revise the above-described provisions applicable to registered dispensing opticians to, instead, only apply to registered spectacle lens dispensers. By removing the authority of certain registrants to fit and adjust spectacle lenses and frames or take facial measurements under the provisions governing registered dispensing opticians, the violation of which is a crime, the bill would impose a state-mandated local program.
Existing law requires a registered dispensing optician fitting contact lenses to maintain accessible handwashing facilities on the premises, as specified. Existing law also requires a registered dispensing optician to comply with certain requirements related to eye examinations, contact lens fittings, and prescriptions, including a prohibition on conditioning the availability of an eye examination, contact lens fitting, or the release of a contact lens prescription on the patient agreeing to purchase contact lenses from that prescriber.
This bill would revise the above-described provisions applicable to registered dispensing opticians to, instead, only apply to registered contact lens dispensers.
Existing law requires ophthalmic lenses to be sold pursuant to a confirmed, written prescription, as specified. Existing law prohibits a dispenser from altering any of the specifications of an ophthalmic lens prescription, except as specified.
This bill would, instead, apply those requirements to the sale of contact lenses.
(5) Existing law requires individuals, corporations, and firms to submit an application, verified under oath by the signatory, for a certificate of registration from the California State Board of Optometry, as specified, and requires those entities receive that certificate before engaging in the business of a dispensing ophthalmic business. Existing law, for that purpose, defines dispensing ophthalmic business to mean an individual, corporation, or firm engaged in the business of filling prescriptions of physicians and surgeons licensed by the Medical Board of California or the Osteopathic Medical Board of California, or optometrists licensed by the California State Board of Optometry for prescription lenses and kindred products.
This bill would redefine “dispensing ophthalmic business” to mean either a person or entity that is engaged in the business of dispensing prescription ophthalmic devices, as defined, or a person or entity that has executed a lease, sublease, contract, or other written agreement with a licensed physician and surgeon or optometrist or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer that offers, advertises, or performs optical services for the general public, as specified, and would make conforming changes. To the extent the bill would expand the entities subject to the registration requirements, the bill would impose a state-mandated local program by expanding both the crime of violating those provisions and the crime of perjury.
(6) Existing law requires, until July 1, 2035, the owner and operator of a mobile optometric office, as defined, to, among other things, register with the board. Existing law requires the owner and operator of a mobile optometric office to file a quarterly report, except as specified, on a form furnished by the board containing certain information, including a summary of all complaints received by each mobile optometric office, the disposition of those complaints, and referral information. Existing law requires the owner and operator of a mobile optometric office to provide each patient, and, if applicable, the patient’s caregiver or guardian, a consumer notice containing, among other things, information on followup care available for the patient, including a list of available Medi-Cal or volunteer optometrists. Existing law requires that list to be subject to inspection by the board. Existing law prohibits the owner and operator of a mobile optometric office from operating more than 12 mobile optometric offices within the first renewal period of 2 years.
This bill would instead require the owner and operator of a mobile optometric office to file that report annually, on or before January 1, and would delete the requirement for the report to include the above-described complaint and referral information. The bill would require the above-described consumer notice to be provided at the initial time services are rendered. The bill would require the above-described information on followup care for the patient to include, instead, a list of available Medi-Cal or volunteer optometrists in the area of service who may be able to see the patient for comprehensive services and for purposes of continuity of care, and the timeframe for which the mobile optometric office will be back in the area of service, if available. The bill would require that list to be provided annually to each location of service for a period of 2 years following the initial date of service. The bill would, instead, subject that information to inspection by the board. The bill would delete the above-described limitation on number of mobile optometric offices operated within the first renewal period of 2 years.
(7) Existing law required the board to issue a temporary license to practice optometry to a person who, among other things, applied for and was eligible for licensure, as specified, but who was unable to immediately take the Part III - Clinical Skills Examination due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. In connection with that temporary license, existing law imposed various requirements and restrictions on a temporary licensee and provided that a temporary license would expire upon the date the temporary licensee completed all requirements for licensure, as specified, or 6 months after the end of the state of emergency, whichever occurred first.
The act also requires the board to issue, upon application and payment of a specified fee, a retired license to an optometrist who holds a license that is current and active and, among other things, exempts a retired licensee from continuing education requirements, as specified.
This bill would require the board to issue, upon application and payment of a specified fee, a retired license to an optometrist who holds a license that is current.
This bill would also make a nonsubstantive change to update the name of the above examination.
(8) Existing law requires a prescriber or a registered dispensing optician, upon completion of an eye examination or, if applicable, a contact lens fitting process for a patient, to provide the patient with a signed copy of the patient’s contact lens prescription, unless that prescription meets specified standards. In this regard, existing law grants a prescriber professional discretion regarding the release of the contact lens prescription for patients who wear certain types of contact lenses.
This bill would delete the above-described exception to the requirement to provide a patient with a signed copy of the patient’s contact lens prescription. The bill would require a prescriber to abide by specified federal regulations pertaining to contact lens prescriptions and eye examinations.
(9) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 2541.2 of the Business and Professions Code is amended to read:2541.2.
(a) (1) The expiration date of a contact lens prescription shall not be less than one year and shall not exceed two years from the date of issuance, unless the patient’s history or current circumstances establish a reasonable probability of changes in the patient’s vision of sufficient magnitude to necessitate reexamination earlier than one year, or the presence or probability of visual abnormalities related to ocular or systemic disease indicate the need for reexamination of the patient earlier than one year. If the expiration date of a prescription is less than one year, the health-related reasons for the limitation shall be documented in the patient’s medical record. In no circumstances shall the prescription expiration date be less than the period of time recommended by the prescriber for reexamination of the patient.(2) For the purposes of this subdivision, the date of issuance is the date the patient receives a copy of the prescription.
(3) Establishing an expiration date that is not consistent with this section shall be regarded as unprofessional conduct by the board that issued the prescriber’s license to practice.
(b) Upon completion of the eye examination or, if applicable, the contact lens fitting process for a patient as described in subdivision (e), a prescriber or a registered dispensing optician shall provide the patient with a copy of the patient’s contact lens prescription signed by the prescriber. A prescriber of a contact lens shall abide by the rules pertaining to contact lens prescriptions and eye examinations adopted by the Federal Trade Commission pursuant to Part 315 of Title 16 of the Code of Federal Regulations.
(c) If a patient places an order with a contact lens seller other than a physician and surgeon, an optometrist, or a registered dispensing optician, the prescriber or the prescriber’s authorized agent shall, upon request of the contact lens seller and in the absence of the actual prescription, attempt to promptly confirm the information contained in the prescription through direct communication with the contact lens seller.
(d) The contact lens prescription shall include sufficient information for the complete and accurate filling of a prescription, including, but not limited to, the power, the material or manufacturer or both, the base curve or appropriate designation, the diameter when appropriate, and an appropriate expiration date. When a provider prescribes a private label contact lens for a patient, the prescription shall include the name of the manufacturer, the trade name of the private label brand, and, if applicable, the trade name of the equivalent national brand.
(e) The contact lens fitting process begins after the initial comprehensive eye examination, and includes an examination to determine the lens specifications, an initial evaluation of the fit of the lens on the patient’s eye, except in the case of a renewal prescription of an established patient, and followup examinations that are medically necessary, and ends when the prescriber or registered dispensing optician determines that an appropriate fit has been achieved, or in the case of a prescription renewal for an established patient, the prescriber determines that there is no change in the prescription.
(f) The payment of professional fees for the eye exam, fitting, and evaluation may be required prior to the release of the prescription, but only if the prescriber would have required immediate payment from the patient had the examination revealed that no ophthalmic devices were required. A prescriber or registered dispensing optician shall not charge the patient any fee as a condition to releasing the prescription to the patient. A prescriber may charge an additional fee for verifying ophthalmic devices dispensed by another seller if the additional fee is imposed at the time the verification is performed.
(g) A prescriber shall not condition the availability of an eye examination, a contact lens fitting, or the release of a contact lens prescription on a requirement that the patient agree to purchase contact lenses from that prescriber. A registered dispensing optician shall not condition the availability of a contact lens fitting on a requirement that the patient agrees to purchase contact lenses from that registered dispensing optician.
(h) A prescriber or a registered dispensing optician shall not place on the contact lens prescription, deliver to the patient, or require a patient to sign a form or notice waiving or disclaiming the liability or responsibility of the prescriber or registered dispensing optician for the accuracy of the ophthalmic devices dispensed by another seller. This prohibition against waivers and disclaimers shall not impose liability on a prescriber or registered dispensing optician for the ophthalmic devices dispensed by another seller pursuant to the prescriber’s prescription.
(i) The willful failure or refusal of a prescriber to comply with the provisions of this section shall constitute grounds for professional discipline, including, but not limited to, the imposition of a fine or the suspension or revocation of the prescriber’s license. The Medical Board of California, the Osteopathic Medical Board of California, and the California State Board of Optometry shall adopt regulations, to implement this subdivision, including, but not limited to, standards for processing complaints each receives regarding this subdivision.
(j) For the purposes of this section, “prescriber” means a physician and surgeon or an optometrist.
(k) Nothing in this section shall be construed to expand the scope of practice of a registered dispensing optician as defined in Sections 2542, 2543, and Chapter 5.5 (commencing with Section 2550).
SEC. 2.
Section 2550 of the Business and Professions Code is amended to read:2550.
For purposes of this chapter, the following definitions shall apply:(a) “Adjust” and “adjusting” includes the following acts, either singly or in combination with others: adapting or manipulation of the ophthalmic device to fit the face of the consumer, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541, and prescriptions.
(b) “Board” means the California State Board of Optometry.
(c) “Dispensing optician,” “registered dispensing optician,” and “registrant” mean any of the following individuals that are registered with the board:
(1) “Spectacle lens dispenser” means an individual who is registered with the board pursuant to Article 1.5 (commencing with Section 2559.1).
(2) “Contact lens dispenser” means an individual who is registered with the board pursuant to Article 2 (commencing with Section 2560).
(3) “Nonresident ophthalmic lens dispenser” means an entity that is registered with the board pursuant to Article 2.5 (commencing with Section 2564.70) which offers, advertises, and performs optical services to the general public.
(4) “Registered dispensing ophthalmic business” means an entity that is registered with the board pursuant to Article 2.7 (commencing with Section 2564.90).
(d) “Fit” and “fitting” mean doing any of the following acts, either singly or in combination with others, before the act of adjusting: designing, taking measurements to determine the size, shape, or specifications, and replacing the prescribed optical aids, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541.
(e) “Ophthalmic lens” or “ophthalmic device” means any prescription lenses, spectacles, eyeglasses, contact lens, other ophthalmic devices that alter or change the visual powers of the human eye, or any prescription plano contact lens ordered by a physician and surgeon or optometrist.
(f) “Prescription” means an order made by a licensed physician and surgeon or licensed optometrist pursuant to Section 2541.1 or 2541.2.
(g) “Unregistered individual” means an individual who is not registered with the board pursuant to this chapter. The unregistered individual may perform any of the following:
(1) Fitting and adjusting of spectacle lenses under the direct responsibility and supervision of a duly registered spectacle lens dispenser pursuant to Section 2559.1.
(2) Fitting and adjusting of contact lenses under the direct responsibility and supervision of a duly registered contact lens dispenser pursuant to Section 2560.
SEC. 3.
Section 2552 of the Business and Professions Code is amended to read:2552.
(a) Each application made pursuant to this chapter shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inquiries and complaints with respect to the business address for which registration is applied. An applicant shall report any changes to this information in writing to the board within 14 days.(b) The applicant shall furnish such additional information or proof, oral or written, which the board may request, including information and proof relating to the provisions of Division 1.5 (commencing with Section 475).
(c) The board shall promptly notify any applicant if, as of the 30th day following the submission of an application under this chapter, the application and supporting documentation are not substantially complete and in proper form. The notification shall be in writing, shall state specifically what documents or other information are to be supplied by the applicant to the board, and shall be sent to the applicant by certified, electronic, or registered mail. Within 30 days of the applicant’s submission of the requested documents or information to the board, the board shall notify the applicant by certified, electronic, or registered mail if the board requires additional documents or information.
(d) An applicant for registration or renewal of registration who possesses a valid email address shall report that email address to the board at the time of application for registration or renewal.
(e) For purposes of this chapter, “valid email address” has the same meaning as that term is defined in Section 3024.5.
SEC. 4.
Section 2553.5 of the Business and Professions Code is amended to read:2553.5.
(a) A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations:(1) A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an employee of that facility.
(2) A business location as defined in subdivision (e) for an employee or independent contractor of the person operating the business at that location.
(3) Any certified place of business pursuant to Section 2564.93.
(b) A registered spectacle lens dispenser who fits and adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in Section 2554.
(c) Nothing in this section shall be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in subdivision (e).
(d) A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the dispenser is in personal attendance at a certified place of business pursuant to Section 2564.93 at least 40 percent of the dispenser’s regular working hours each week.
(e) “Business location” means the place at which any business employs more than 25 persons at any single business address, but shall not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a certified place of business as specified in Section 2564.93.
(f) This section shall not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560.
SEC. 5.
Section 2555.6 is added to the Business and Professions Code, to read:2555.6.
(a) In addition to the board’s authority to deny an application for registration pursuant to Section 2555.5, the board, in its sole discretion, may issue a probationary registration to an applicant subject to terms and conditions, including, but not limited to, any of the following:(1) Limiting practice to a supervised, structured environment in which the registrant’s activities shall be supervised by another optician registered by the board who is in good standing and is either of the following:
(A) Is registered in an equivalent class as the class the applicant is applying for registration in.
(B) Is a licensed optometrist or physician and surgeon in good standing.
(2) Total or partial restrictions on ophthalmic dispensing privileges.
(3) Continuing medical or psychiatric treatment.
(4) Ongoing participation in a specified rehabilitation program.
(5) Enrollment and successful completion of a clinical training program.
(6) Abstention from the use of alcohol or drugs.
(7) Restrictions against engaging in certain types of optician practices.
(8) Compliance with all provisions of this chapter.
(9) Any other terms and conditions deemed appropriate by the board.
(b) The board may modify or terminate the terms and conditions imposed on the probationary registration if the registrant petitions for modification or termination of terms and conditions of probation. A registrant shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary registration.
SEC. 6.
Section 2558.1 of the Business and Professions Code is amended to read:2558.1.
A registered dispensing optician shall not dispense a spectacle lens or contact lens prescription unless the prescription meets the requirements of Section 2541.1 or 2541.2, as applicable. A registered dispensing optician shall not dispense a spectacle lens prescription after the expiration date of the prescription unless so authorized pursuant to subdivision (e) of Section 2541.1. A person violating this section shall not be guilty of a misdemeanor pursuant to Section 2558. A violation of this section shall be considered unprofessional conduct by the board. A registered dispensing optician may defend this proceeding by establishing that the expiration date of the prescription was not established consistent with Section 2541.1. Nothing in this section shall be construed to authorize a registered dispensing optician to fill a prescription after the expiration date or to make any judgment regarding the appropriateness of the expiration date.SEC. 7.
Section 2559.1 of the Business and Professions Code is amended to read:2559.1.
(a) An individual shall not fit and adjust spectacle lenses unless either of the following applies:(1) The individual is a duly registered spectacle lens dispenser as provided in Section 2559.2.
(2) The individual is an unregistered individual who performs the fitting and adjusting under the direct responsibility and supervision of a duly registered spectacle lens dispenser whose certificate of registration is then conspicuously and prominently displayed on the premises.
(b) A supervising registered spectacle lens dispenser shall be physically present on the registered premises when an unregistered individual fits and adjusts spectacle lenses.
(c) The board shall not take action for a violation of subdivision (b) if either of the following apply:
(1) A supervising registered spectacle lens dispenser was not physically present on the registered premises due to reasonably unanticipated circumstances, including, but not limited to, illness, injury, family emergency, or the supervising registered spectacle lens dispenser’s termination or resignation, and reasonable action was taken to have another supervising registered spectacle lens dispenser be physically present on the registered premises.
(2) A supervising registered spectacle lens dispenser was not physically present due to a legally required employee meal or break period.
SEC. 8.
Section 2560 of the Business and Professions Code is amended to read:2560.
An individual shall not fit and adjust contact lenses, including plano contact lenses unless either of the following applies:(a) The individual is a duly registered contact lens dispenser as provided in Section 2561.
(b) The individual is an unregistered individual who performs the fitting and adjusting under the direct responsibility and supervision of a duly registered contact lens dispenser who is then physically present on the registered premises. In no event shall a registered contact lens dispenser supervise more than three unregistered individuals.
SEC. 9.
Section 2564.5 of the Business and Professions Code is amended to read:2564.5.
A registered contact lens dispenser fitting contact lenses shall maintain accessible handwashing facilities on the premises and those facilities shall be used before each fitting of contact lenses. For purposes of this section, “accessible handwashing facilities” means a clean and sanitary sink with clean running water, disinfectant soap, and adequate drying devices such as a towel or electric hand dryer, which is physically separate from a lavatory or bathroom and is accessible to all relevant persons.SEC. 10.
Section 2564.6 of the Business and Professions Code is amended to read:2564.6.
A registered contact lens dispenser shall comply with the applicable provisions of Section 2541.2.SEC. 11.
Section 2564.71 of the Business and Professions Code is amended to read:2564.71.
(a) A person or entity located outside California shall not ship, mail, furnish, or deliver in any manner, ophthalmic lenses at retail to a patient at a California address unless the person is registered with the California State Board of Optometry.(b) With regard to any person or entity subject to registration pursuant to this section, only spectacle lenses and replacement contact lenses provided pursuant to a valid prescription as described in Section 2564.76 may be shipped, mailed, furnished, or delivered directly to a patient.
SEC. 12.
Section 2564.76 of the Business and Professions Code is amended to read:2564.76.
(a) Contact lenses may be sold only upon receipt of a written prescription or a copy of a written prescription and may be sold in quantities consistent with the prescription’s established expiration date and the standard packaging of the manufacturer or vendor. If the written prescription or a copy of it is not available to the dispenser, the dispenser shall confirm the prescription by direct communication with the prescriber or the prescriber’s authorized agent before furnishing, shipping, mailing, or delivering any lens, and maintain a record of the communication. A prescription shall be deemed confirmed upon the occurrence of one of the following:(1) The prescriber or the prescriber’s agent confirms the prescription by communication with the dispenser.
(2) The prescriber fails to communicate with the dispenser within eight business hours after the dispenser requests confirmation, or the prescriber fails to communicate with the dispenser by the next business day on or before the same time of day that the dispenser requested confirmation, whichever is sooner. For purposes of this paragraph, “business day” means each day except a Sunday or a federal holiday.
(b) If a prescriber communicates with a dispenser before the time period described in paragraph (2) of subdivision (a) elapses and informs the dispenser that the contact lens prescription is invalid, the dispenser shall not fill the prescription. The prescriber shall specify in the communication with the dispenser the basis for invalidating the prescription.
(c) A dispenser shall not alter any of the specifications of a contact lens prescription, other than the color, or substitute a different manufacturer, brand, or other physical property of the lens.
(d) Notwithstanding the provisions of this section, if the contact lens is manufactured by a company, but sold under multiple private labels by that same company to individual providers, the dispenser may fill the prescription with a contact lens manufactured by that company if the contact lens prescription and the related parameters are not substituted, changed, or altered for a different manufacturer or brand.
SEC. 13.
Section 2564.79 of the Business and Professions Code is amended to read:2564.79.
The amount of fees prescribed in connection with the registration of nonresident ophthalmic lens dispensers is that established by the following schedule:(a) The application and registration fee for a nonresident ophthalmic lens dispenser shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600).
(b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400).
(c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(d) The fee for replacement of a lost, stolen, or destroyed registration shall be twenty-five dollars ($25).
(e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost.
(f) The fees collected pursuant to this chapter shall be deposited in the Optometry Fund, and shall be available, upon appropriation, to the California State Board of Optometry for the purposes of this chapter.
SEC. 14.
Section 2564.90 of the Business and Professions Code is repealed.SEC. 15.
Section 2564.90 is added to the Business and Professions Code, to read:2564.90.
For purposes of this chapter, “Dispensing Ophthalmic Business” means a person or entity that meets either of the following criteria:(a) Is engaged in the business of dispensing prescription ophthalmic devices, as defined in Section 2541.
(b) Satisfies both of the following requirements:
(1) Has executed a lease, sublease, contract, or other written agreement with a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer.
(2) Offers, advertises, or performs optical services for the general public on behalf of a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer.
SEC. 16.
Section 2565 of the Business and Professions Code is amended to read:2565.
The amount of fees prescribed in connection with the registration of dispensing ophthalmic businesses shall be as set forth in this section.(a) The application and registration fee shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600).
(b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400).
(c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(d) The fee for replacement of a lost, stolen, or destroyed certificate shall be twenty-five dollars ($25).
(e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost.
SEC. 17.
Section 2566 of the Business and Professions Code is amended to read:2566.
The amount of fees prescribed in connection with certificates for contact lens dispensers is as follows:(a) The application and registration fee for a registered contact lens dispenser shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600).
(b) The biennial fee for the renewal of certificates shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400).
(c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(d) The California State Board of Optometry may by regulation provide for a refund of a portion of the application fee to applicants who do not meet the requirements for registration.
(e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost.
(f) The fee for replacement of a lost, stolen, or destroyed certificate is twenty-five dollars ($25).
SEC. 18.
Section 2566.1 of the Business and Professions Code is amended to read:2566.1.
The amount of fees prescribed in connection with certificates for spectacle lens dispensers shall be as set forth in this section:(a) The application and registration fee shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600).
(b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400).
(c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(d) The fee for replacement of a lost, stolen, or destroyed certificate is twenty-five dollars ($25).
(e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost.
SEC. 19.
Section 3003 of the Business and Professions Code is amended to read: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.SEC. 20.
Section 3004.5 is added to the Business and Professions Code, to read:3004.5.
As used in this chapter, “person” means a natural person, partnership, corporation, limited liability company, or other organization, or any combination thereof.SEC. 21.
Section 3010.5 of the Business and Professions Code is amended to read: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 of 11 members, 5 of whom shall be public members and one of the nonpublic members shall be an individual registered as a dispensing optician, spectacle lens dispenser, or contact lens dispenser. The registered dispensing member shall be registered pursuant to Chapter 5.5 (commencing with Section 2550) and in good standing with the board.Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations, inquiries, and disciplinary actions and proceedings, have the authority previously vested in the board as created pursuant to former Section 3010. The board may enforce any disciplinary actions undertaken by that board.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 22.
Section 3014.6 of the Business and Professions Code is amended to read: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 duties delegated by the board and vested in the executive officer by this chapter.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 23.
Section 3020 of the Business and Professions Code is amended to read: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 regarding the regulation of dispensing opticians, spectacle lens dispensers, and contact lens dispensers, registered pursuant to Chapter 5.5 (commencing with Section 2550). The committee shall consist of three members, one of whom shall be a registered dispensing optician registered pursuant to Chapter 5.5 (commencing with Section 2550), one of whom shall be a spectacle lens dispenser or contact lens dispenser registered pursuant to Chapter 5.5 (commencing with Section 2550), one of whom shall be either a public member or an optometrist licensed pursuant to this chapter. The appointments to the committee shall be made by the board and at least one appointed committee member shall be a sitting board member who meets the qualifications described in this section. The board shall stagger the terms of the initial members appointed. The filling of vacancies on the committee shall be made by the board.(b) The committee shall be responsible for:
(1) Recommending registration standards and criteria for the registration of dispensing opticians, nonresident contact lens sellers, spectacle lens dispensers, and contact lens dispensers.
(2) Reviewing of the disciplinary guidelines relating to registered dispensing opticians, nonresident contact lens sellers, spectacle lens dispensers, and contact lens dispensers.
(3) Recommending to the board changes or additions to regulations adopted pursuant to Chapter 5.5 (commencing with Section 2550).
(4) Carrying out and implementing all responsibilities and duties imposed upon it pursuant to this chapter or as delegated to it by the board.
(c) The committee shall meet at least twice a year and as needed in order to conduct its business.
(d) Recommendations by the committee regarding scope of practice or regulatory changes or additions shall be approved, modified, or rejected by the board within 90 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the committee may request that the board provide its reasons in writing for rejecting or significantly modifying the recommendation, which shall be provided by the board within 30 days of the request.
(e) Committee members shall serve a term of four years except for the initial staggered terms. A member may be reappointed, but no person shall serve as a member of the committee for more than two consecutive terms.
SEC. 24.
Section 3024.5 is added to the Business and Professions Code, to read: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 delivered to the provided email address.(b) In the interest of protecting the privacy of applicants, registrants, and licensees, an email address provided by an applicant, registrant, or licensee to the board pursuant to paragraph (14) of subdivision (a) of Section 3057 or subdivision (d) of Section 2552 shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction.
(c) For purposes of this chapter, “valid email address” means an email address at which the applicant, registrant, or licensee is currently receiving emails at the time of application for licensure, registration, or renewal.
SEC. 25.
Section 3046 of the Business and Professions Code is amended to read: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 optometry, have passed the required examinations for licensure, not have met any of the grounds for denial established in Section 480, and not be currently required to register as a sex offender pursuant to Section 290 of the Penal Code. The proceedings under this section shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 26.
Section 3046.1 of the Business and Professions Code is amended to read: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 is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. In addition to Section 3046, the person shall also satisfy all of the following conditions:(1) The person has never been previously licensed to practice optometry in any state in the United States.
(2) The person pays to the board the applicable fee of one hundred dollars ($100), or a fee in an amount as determined by the board, not to exceed the reasonable cost of administering this section and submits an application to be a temporary licensee, as described in subdivision (j), to the board.
(3) The person has received approval from their accredited school of optometry that the person meets the educational requirements to practice optometry.
(4) The person satisfies all other conditions to licensure established by this chapter.
(b) A person holding a temporary license shall be subject to the same rights and restrictions that are afforded to a person holding a valid, unrevoked California optometrist license, except as set forth in this section. For the purposes of this chapter, “temporary licensee” means a person holding a temporary license pursuant to this section.
(c) A temporary licensee shall practice under the direct supervision of a supervising optometrist. For the purposes of this chapter, “supervising optometrist” means a California licensed optometrist that has been licensed for a minimum of five years and has been certified for the treatment of glaucoma, pursuant to subdivision (e) of Section 3041, and submits an application to be a supervising optometrist, as described in subdivision (k), to the board. A licensed physician practicing ophthalmology may also supervise a temporary licensee and shall be subject to all of the same reporting requirements as set forth in this section.
(d) Notwithstanding any other law, a temporary licensee may perform services as authorized by this chapter if both of the following requirements are met:
(1) The temporary licensee renders the services under the direct supervision of a supervising optometrist who is not subject to a disciplinary condition imposed by the board prohibiting that supervision or prohibiting the employment of a temporary licensee.
(2) The supervising optometrist is legally and professionally responsible for the actions of the temporary licensee.
(e) For the purposes of this chapter, “direct supervision” means that a supervising optometrist oversees the activities of, and accepts responsibility for, the services rendered by a temporary licensee. Direct supervision, as defined in this subdivision, requires that the supervising optometrist be physically present and immediately available in the facility or office in which the optometric services are being provided when the temporary licensee is with a patient.
(f) The supervising optometrist shall have a formal written procedure in place by which patients are informed that an optometrist with a temporary license will be performing the services. Additionally, the patient shall be informed that the supervising optometrist will be supervising the temporary licensee and the supervising optometrist will be identified to the patient. The temporary licensee shall note in the medical record the patient’s consent to this process prior to performing services authorized by this chapter.
(g) During the timeframe in which the temporary licensee holds a temporary license, the temporary licensee shall not open their own optometric office or place of practice.
(h) The temporary license shall expire either upon the date that the temporary licensee completes all of the requirements for licensure or six months after the date the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic has ended, pursuant to Section 8629 of the Government Code, whichever occurs first.
(i) The supervising optometrist shall submit in writing to the board any violations of this chapter committed by the temporary licensee within 14 days of becoming aware of the violation.
(j) A person requesting to be a temporary licensee shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter:
“Application for Temporary License
Pursuant to Section 3046.1 of the Business and Professions Code, the board shall issue a temporary license to practice optometry to any person who applies for and is eligible for licensure pursuant to Section 3046 of the Business and Professions Code, but who is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. If eligible, you must also meet and maintain the following requirements to be a temporary licensee:
(1) Never been previously licensed to practice optometry in any state in the United States; and
(2) Receive confirmation via transcript or other correspondence from your accredited school of optometry that you meet the educational requirements to practice optometry.
To apply to be a temporary licensee, provide documentation for item (2) above with your application. All documentation must be provided, or the application will be rejected.
First, Middle, and Last Name: |
Address (City, State, Zip Code): |
Phone Number: |
Email Address: |
Social Security or ITIN number: |
Date of Birth: |
Name of School of Optometry: |
Address of School of Optometry (City, State, Zip Code, Country): |
Date Degree Conferred: |
Name and License Number of Supervising Optometrist: |
Date you completed the CLRE: |
Regulations require the submission of fingerprints prior to issuance of the temporary license. Due to a change in the regulations, fingerprints are now checked by the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Live Scan is required for California residents and a Manual Fingerprint Card is required for non-California residents. |
I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested proof of completion is true and accurate. I understand and agree that any misstatements of material facts may be cause for denial of the Application for Temporary License and disciplinary action by the State Board of Optometry. |
Applicant Signature: |
Date: ” |
(k) A person requesting to be a supervising optometrist shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter:
“Application to be a Supervising Optometrist
Pursuant to Section 3046.1 of the Business and Professions Code, an individual may act as supervising optometrist to a temporary licensee, as defined in that section, if they meet the following conditions:
(1) Has been licensed for a minimum of five years; and
(2) Has been certified for the treatment of glaucoma pursuant to subdivision (e) of Section 3041.
To apply to be a supervising optometrist, provide documentation for items (1) and (2) above with your application. All documentation must be provided, or the application will be rejected.
First, Middle, and Last Name: |
Address of Record: |
Phone Number: |
Email Address: |
License Number: |
Name of temporary licensee whom you will be supervising: |
1. I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested proof of completion is true and accurate. I understand and agree that any misstatements of material facts may be cause for denial of the application to be a Supervising Optometrist and disciplinary action by the State Board of Optometry. |
AND |
2. I declare under penalty of perjury under the laws of the State of California that I will comply with all duties as a supervising optometrist set forth in Section 3046.1 of the Business and Professions Code, and that pursuant to that section, I am legally and professionally responsible for the actions of the temporary licensee which may result in action being taken against my license in cases of temporary licensee misconduct. |
Applicant Signature: |
Date: ” |
(l) The board shall not be required to adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to carry out this section.
SEC. 27.
Section 3057 of the Business and Professions Code is amended to read: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 issued by an accredited school or college of optometry.
(2) Has successfully passed the licensing examination for an optometric license in another state.
(3) Submits proof that the person is licensed in good standing as of the date of application in every state where the person holds a license, including compliance with continuing education requirements.
(4) Is not subject to disciplinary action as set forth in subdivision (h) of Section 3110. If the person has been subject to disciplinary action, the board shall review that action to determine if it presents sufficient evidence of a violation of this chapter to warrant the submission of additional information from the person or the denial of the application for licensure.
(5) Has furnished a signed release allowing the disclosure of information from the National Practitioner Data Bank and, if applicable, the verification of registration status with the federal Drug Enforcement Administration. The board shall review this information to determine if it presents sufficient evidence of a violation of this chapter to warrant the submission of additional information from the person or the denial of the application for licensure.
(6) Has never had the person’s license to practice optometry revoked or suspended in any state where the person holds a license. This paragraph shall become inoperative on July 1, 2018.
(7) (A) Is not subject to denial of an application for licensure based on any of the grounds listed in Section 480.
(B) Is not currently required to register as a sex offender pursuant to Section 290 of the Penal Code.
(8) Has met the minimum continuing education requirements set forth in Section 3059 for the current and preceding year.
(9) Has met the certification requirements of Section 3041.3 to use therapeutic pharmaceutical agents under subdivision (d) of Section 3041.
(10) Submits any other information as specified by the board to the extent it is required for licensure by examination under this chapter.
(11) Files an application on a form prescribed by the board, with an acknowledgment by the person executed under penalty of perjury and automatic forfeiture of license, of the following:
(A) That the information provided by the person to the board is true and correct, to the best of the person’s knowledge and belief.
(B) That the person has not been convicted of an offense involving conduct that would violate Section 810.
(12) Pays an application fee in an amount equal to the application fee prescribed pursuant to subdivision (a) of Section 3152.
(13) Has successfully passed the board’s jurisprudence examination.
(14) Has reported a valid email address to the board, if the person has a valid email address.
(b) If the board finds that the competency of a candidate for licensure pursuant to this section is in question, the board may require the passage of a written, practical, or clinical examination or completion of additional continuing education or coursework.
(c) In cases where the person establishes, to the board’s satisfaction, that the person has been displaced by a federally declared emergency and cannot relocate to the person’s state of practice within a reasonable time without economic hardship, the board may reduce or waive the fees required by paragraph (12) of subdivision (a).
(d) Any license issued pursuant to this section shall expire as provided in Section 3146, and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter.
(e) The term “in good standing,” as used in this section, means that a person under this section:
(1) Is not currently under investigation nor has been charged with an offense for any act substantially related to the practice of optometry by any public agency, nor entered into any consent agreement or subject to an administrative decision that contains conditions placed by an agency upon a person’s professional conduct or practice, including any voluntary surrender of license, nor been the subject of an adverse judgment resulting from the practice of optometry that the board determines constitutes evidence of a pattern of incompetence or negligence.
(2) Has no physical or mental impairment related to drugs or alcohol, and has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public.
SEC. 28.
Section 3070.2 of the Business and Professions Code is amended to read: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 in Section 3041, is performed and which is not affiliated with an approved optometry school in California.(b) This section shall not apply to any of the following:
(1) Optometric services provided remotely by an approved optometry school in California that meets the requirements of Section 1507 of Title 16 of the California Code of Regulations.
(2) A licensee engaged in the practice of optometry at a facility defined in paragraph (1), (2), or (3) of subdivision (a) of Section 3070.1.
(3) A federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42 of the United States Code.
(4) A nonprofit or charitable organization exempt from taxation pursuant to Section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3), 501(c)(4), or 501(c)(6)), which utilizes the volunteer services of licensees engaging in the temporary practice of optometry pursuant to subdivision (b) of Section 3070.
(5) A free clinic, as defined in subparagraph (B) of paragraph (1) of subdivision (a) of Section 1204 of the Health and Safety Code, which is operated by a clinic corporation, as defined in paragraph (3) of subdivision (b) of Section 1200 of the Health and Safety Code.
(6) A specialized vision health care service plan, as defined in subdivision (f) of Section 1345 of the Health and Safety Code, formed and existing pursuant to the provisions of the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code).
(c) The ownership and operation of a mobile optometric office shall be limited to a nonprofit or charitable organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code that provides optometric services to patients regardless of the patient’s ability to pay.
(1) The owner and operator of a mobile optometric office shall register with the board. The owner and operator of a mobile optometric office and the optometrist providing services shall not accept payment for services other than those provided through the Medi-Cal program or through any of the state’s programs under the Children’s Health Insurance Program (CHIP) under Title XIX (42 U.S.C. Sec. 1396 et seq.), or Title XXI (42 U.S.C. Sec. 1397aa et seq.), of the Social Security Act.
(2) The medical operations of the mobile optometric office shall be directed by a licensed optometrist and in every phase shall be under the exclusive control of the licensed optometrist, including the selection and supervision of optometric staff, the scheduling of patients, the amount of time the optometrist or optician spends with patients, the fees charged for optometric products and services, the examination procedures, the treatment provided to patients, and the followup care pursuant to this section.
(d) An owner and operator who has obtained approval from the board pursuant to paragraph (1) of subdivision (c) and wishes to operate a mobile optometric office shall apply for a permit from the board before beginning operation of each mobile optometric office. The application shall be made on a board-prescribed form that requests any information the board deems appropriate to register a mobile optometric office pursuant to this section. The form shall be accompanied by a nonrefundable fee of four hundred seventy-two dollars ($472). The board may increase the fee, as necessary to cover the reasonable regulatory costs of administration, to not more than six hundred dollars ($600).
(1) Upon approval of the permit, the board shall issue a unique identifying number for each mobile optometric office that shall be used in all reporting by the owner and operator to the board.
(2) Upon approval, the permit shall be valid until the next renewal date of the owner and operator registration.
(3) Mobile optometric office permits are specific to the vehicle registered with the board. Permits are not transferrable.
(4) An owner and operator may apply for renewal of the mobile optometric office permit by attesting to compliance with the requirements of this section and payment of the biennial renewal fee prescribed by the board.
(e) The owner and operator of the mobile optometric office registering with the board pursuant to subdivision (c) shall provide the following information to the board:
(1) The description of services to be rendered within the mobile optometric office.
(2) The names and optometry license numbers of optometrists, registration numbers of opticians, and names of any other persons who are providing patient care, as described in Section 2544.
(3) The dates of operation and cities or counties served.
(4) A description of how followup care will be provided.
(5) A catalog of complaints, if any.
(6) Articles of incorporation or acknowledgment of intent to operate and employer identification number demonstrating the owner and operator is a nonprofit or charitable organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
(7) Any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter.
(f) The owner and operator of the mobile optometric office, on a form prescribed by the board, shall file an annual report, on or before January 1 of each calendar year, containing the following information:
(1) A list of all visits made by each mobile optometric office, including dates of operation, address, care provided, and names and license numbers of optometrists and opticians who provided care.
(2) An updated and current list of licensed optometrists, registered opticians, and any other persons who have provided care within each mobile optometric office since the last reporting period.
(3) An updated and current list of licensed optometrists who are available for followup care as a result of a complaint on a volunteer basis or who accept Medi-Cal payments.
(4) Any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter.
(g) The owner and operator of the mobile optometric office shall notify the board of any change to the information provided to the board pursuant to subdivision (e) within 14 days.
(h) (1) The owner and operator of the mobile optometric office shall provide each patient, and, if applicable, the patient’s caregiver or guardian, at the initial time services are rendered, a consumer notice prescribed by the board that includes the following:
(A) The name, license number, and contact information for the optometrist.
(B) Optometrists providing services at a mobile optometric office are regulated by the board and the contact information for filing a complaint with the board.
(C) Information on how to obtain a copy of the patient’s medical information.
(D) Information on followup care available for the patient, including a list of available Medi-Cal or volunteer optometrists in the area of service who may be able to see the patient for comprehensive services and for purposes of continuity of care, and the timeframe for which the mobile optometric office will be back in the area of service, if available. The list of available Medi-Cal or volunteer optometrists shall be updated every six months and provided annually to each location of service for a period of two years following the initial date of service. This information is subject to inspection by the board.
(E) Any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter.
(2) The optometrist shall maintain a copy of the consumer notice described in paragraph (1) in the patient’s medical record.
(3) Upon request by the patient’s caregiver or guardian, a copy of the prescription made for the patient shall be provided.
(i) Any person who is employed by the owner and operator of the mobile optometric office to drive or transport the vehicle shall possess a valid driver’s license.
(j) By January 1, 2026, the board shall adopt regulations establishing a registry for the owners and operators of mobile optometric offices and shall set a registration fee at an amount not to exceed the reasonable regulatory costs of administration.
(k) The board may adopt regulations to conduct quality assurance reviews for the owner and operator of a mobile optometric office and optometrists engaging in the practice of optometry at a mobile optometric office.
(l) The board shall not bring an enforcement action against an owner and operator of a mobile optometric office based solely on its affiliation status with an approved optometry school in California for remotely providing optometric service before January 1, 2026, or before the board adopts final regulations pursuant to subdivision (j), whichever is earlier.
(m) The owner and operator of a mobile optometric office shall maintain records in the following manner, which shall be made available to the board upon request for inspection:
(1) Records are maintained and made available to the patient in such a way that the type and extent of services provided to the patient are conspicuously disclosed. The disclosure of records shall be made at or near the time services are rendered and shall be maintained at the primary business office specified.
(2) The owner and operator of a mobile optometric office complies with all federal and state laws and regulations regarding the maintenance and protection of medical records, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(3) Pursuant to Section 3007, the owner and operator of the mobile optometric office keeps all necessary records for a minimum of seven years from the date of service in order to disclose fully the extent of services furnished to a patient. Any information included on a printed copy of an original document to a patient shall be certified by the owner and operator of the mobile optometric office as being true, accurate, and complete.
(4) If a prescription is issued to a patient, records shall be maintained for each prescription as part of the patient’s chart, including all of the following information about the optometrist:
(A) Name.
(B) Optometrist license number.
(C) The place of practice and the primary business office.
(D) Description of the goods and services for which the patient is charged and the amount charged. If no charge was made to the patient, a description of the goods and services provided.
(5) The owners and operators of the mobile optometric offices shall maintain accurate records of the mobile optometric offices, including vehicle registration numbers and the year, make, and model of each trailer or van.
(n) Any licensed optometrist who provides patient care in conjunction with a mobile optometric office shall obtain a statement of licensure pursuant to subdivision (a) of Section 3070 with the mobile optometric office’s address as registered with the board. If the licensee is not practicing optometry at a location other than with the owner and operator of the mobile optometric office, then the licensee shall list as their primary address of record the owner and operator of the mobile optometric office’s address as registered with the board.
(o) All examinations performed at the mobile optometric office shall be performed by a licensed optometrist who is certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3.
(p) This section does not apply to optometry services defined in Section 3070.1.
(q) This section shall remain in effect only until July 1, 2035, and as of that date is repealed.
SEC. 29.
Section 3145 of the Business and Professions Code is amended to read: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 fund, and shall be available, upon appropriation of the Legislature, to carry out the purposes of this chapter. Pursuant to Section 128.5, the board shall not maintain a reserve balance in the fund that is greater than 24 months of the appropriated operating expenses of the board in any fiscal year.SEC. 30.
Section 3151 of the Business and Professions Code is amended to read: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 current.(b) A licensee who has been issued a retired license is exempt from continuing education requirements pursuant to Section 3059. The holder of a retired license shall not be required to renew that license.
(c) The holder of a retired license shall not engage in the practice of optometry.
(d) An optometrist holding a retired license shall only be permitted to use the titles “retired optometrist” or “optometrist, retired.”
(e) The holder of a retired license issued for less than three years may reactivate the license to active status if the holder meets the requirements of Section 3147.
(f) The holder of a retired license issued for more than three years may reactivate the license to active status if the holder satisfies the requirements in Section 3147.6.
SEC. 31.
Section 3152 of the Business and Professions Code is amended to read: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 schedule:(a) The fee for applicants applying for a license shall not exceed two hundred seventy-five dollars ($275).
(b) The fee for renewal of an optometric license shall be a minimum of five hundred dollars ($500) and shall not exceed seven hundred dollars ($700).
(c) The fee for issuance of a license or upon change of name authorized by law of a person holding a license under this chapter shall not exceed twenty-five dollars ($25).
(d) The delinquency fee for renewal of an optometric license shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(e) The application fee for a certificate to perform lacrimal irrigation and dilation shall not exceed fifty dollars ($50).
(f) The application fee for a certificate to treat glaucoma shall not exceed fifty dollars ($50).
(g) The fee for approval of a continuing education course shall not exceed one hundred dollars ($100).
(h) The fee for issuance of a statement of licensure shall not exceed forty dollars ($40).
(i) The fee for biennial renewal of a statement of licensure shall not exceed forty dollars ($40).
(j) The delinquency fee for renewal of a statement of licensure shall not exceed twenty dollars ($20).
(k) The application fee for a fictitious name permit shall not exceed fifty dollars ($50).
(l) The renewal fee for a fictitious name permit shall not exceed fifty dollars ($50).
(m) The delinquency fee for renewal of a fictitious name permit shall not exceed twenty-five dollars ($25).
(n) The fee for a retired license shall not exceed twenty-five dollars ($25).
(o) The fee for a retired license with volunteer designation shall not exceed fifty dollars ($50).
(p) The biennial renewal fee for a retired license with volunteer designation shall not exceed fifty dollars ($50).
(q) The application fee for a certificate to administer immunizations shall not exceed fifty dollars ($50).
(r) The application fee for a home residence permit is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100).
(s) The renewal fee for a home residence permit is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100).
(t) The delinquency fee for a home residence permit is twenty-five dollars ($25). The board may increase the fee to not more than one hundred dollars ($100).
(u) The endorsement fee is forty dollars ($40). The board may increase the fee, as necessary to cover the reasonable regulatory costs of administration, to not more than sixty dollars ($60).
SEC. 32.
The Legislature finds and declares that Section 24 of this act, which adds Section 3024.5 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:This act balances the public’s right to access records of the State Board of Optometry with the need to protect the privacy of applicants, registrants, and licensees.
SEC. 33.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of SB 776 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions