reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.1.

2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pay all applicable fees, and pass an examination, approved by the board, relating to selling hearing aids.
(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).
(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologist’s license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispenser’s license from maintaining dual or separate licenses if they choose to do so.
(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.
(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.
(d) For purposes of subdivision (a), the board shall provide the hearing aid dispenser’s examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered.
(Amended by Stats. 2023, Ch. 510, Sec. 22. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.2.

2539.2. (a) Hearing aids may be sold by catalog or direct mail provided that:
(1) The seller is licensed as an audiologist in this state and is authorized to sell hearing aids pursuant to Section 2539.1.
(2) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument and no advice is given with respect to the taking of an ear impression for an earmold by the seller.
(3) The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies that Section 2539.6 has been complied with.
(b) A copy of the statement referred to in paragraph (3) of subdivision (a) shall be retained by the seller for the period provided for in Section 2539.10.
(Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.4.

2539.4. (a) To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.” The written notice shall be signed by the purchaser before the sale. The licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10.
(1) For purposes of this subdivision, the following definitions apply:
(A) “Proprietary programming software” means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B) “Locked, nonproprietary programming software” means software that any provider can render inaccessible to other hearing aid programmers.
(b) A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed dispensing audiologist, containing all of the following:
(1) The date of consummation of the sale.
(2) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3) The address of the principal place of business of the licensed dispensing audiologist, and the address and office hours at which the licensed dispensing audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5) The number of the licensed dispensing audiologist’s license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
(Amended by Stats. 2021, Ch. 266, Sec. 3. (AB 435) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.6.

2539.6. (a) Whenever any of the following conditions are found to exist either from observations by the licensed audiologist or on the basis of information furnished by the prospective hearing aid user, a licensed audiologist shall, prior to fitting or selling a hearing aid to any individual, suggest to that individual in writing that the individual’s best interests would be served if they consult a licensed physician and surgeon specializing in diseases of the ear or, if none are available in the community, a duly licensed physician and surgeon:
(1) Visible congenital or traumatic deformity of the ear.
(2) History of, or active, drainage from the ear within the previous 90 days.
(3) History of sudden or rapidly progressive hearing loss within the previous 90 days.
(4) Acute or chronic dizziness.
(5) Unilateral hearing loss of sudden or recent onset within the previous 90 days.
(6) Significant air-bone gap (when generally acceptable standards have been established).
(7) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.
(8) Pain or discomfort in the ear.
(b) No referral for medical opinion need be made by any licensed audiologist in the instance of replacement only of a hearing aid that has been lost or damaged beyond repair within one year of the date of purchase. A copy of the written recommendation shall be retained by the licensed audiologist for the period provided for in Section 2539.10. A person receiving the written recommendation who elects to purchase a hearing aid shall sign a receipt for the same, and the receipt shall be kept with the other papers retained by the licensed audiologist for the period provided for in Section 2539.10. Nothing in this section required to be performed by a licensed audiologist shall mean that the licensed audiologist is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by the provisions of this code.
(Amended by Stats. 2023, Ch. 510, Sec. 23. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.8.

2539.8. No hearing aid shall be sold by an individual licensed as an audiologist under this chapter to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by both a board-certified, or a board-eligible physician specializing in otolaryngology, and by a state licensed audiologist. A replacement of an identical hearing aid within one year shall be an exception to this requirement.
(Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.10.

2539.10. A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologist’s office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:
(a) Results of test techniques as they pertain to fitting of the hearing aid.
(b) A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.
(Amended by Stats. 2021, Ch. 266, Sec. 4. (AB 435) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.12.

2539.12. A licensed audiologist who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location.
(Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.3 - Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers › ARTICLE 9 - Dispensing Audiologists › Section 2539.14.

2539.14. The provisions of subdivisions (b) and (c) of Section 2538.11 and the provisions of Section 2538.12 do not apply to a licensed audiologist who satisfies the requirements of Section 2539.1.
(Amended by Stats. 2011, Ch. 449, Sec. 12. (SB 933) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2540.

2540. No person other than a physician and surgeon or optometrist may measure the powers or range of human vision or determine the accommodative and refractive status of the human eye or the scope of its functions in general or prescribe ophthalmic devices.
(Amended by Stats. 2006, Ch. 148, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2541.

2541. A prescription ophthalmic device includes each of the following:
(a) Any spectacle or contact lens ordered by a physician and surgeon or optometrist, that alters or changes the visual powers of the human eye.
(b) Any contact lens described in paragraph (1) of subdivision (n) of Section 520 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360j and following).
(c) Any plano contact lens that is marketed or offered for sale in this state. “Plano contact lens” means a zero-power or noncorrective contact lens intended to change the appearance of the normal eye in a decorative fashion.
(Amended by Stats. 2006, Ch. 148, Sec. 3. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2541.1.

2541.1. (a) A spectacle lens prescription shall include all of the following:
(1) The dioptric power of the lens. When the prescription needed by the patient has not changed since the previous examination, the prescriber may write on the prescription form “copy lenses currently worn” instead.
(2) The expiration date of the prescription.
(3) The date of the issuance of the prescription.
(4) The name, address, telephone number, prescriber’s license number, and signature of the prescribing optometrist or physician and surgeon.
(5) The name of the person to whom the prescription is issued.
(b) The expiration date of a spectacle lens prescription shall not be less than two years and shall not exceed four 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 two years, or presence or probability of visual abnormalities related to ocular or systemic disease indicates, the need for reexamination of the patient earlier than two years. In no circumstances shall the expiration date be shorter than the period of time recommended by the prescriber for reexamination of the patient. 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 certificate to practice.
(c) The prescriber of a spectacle lens shall orally inform the patient of the expiration date of a spectacle lens prescription at the time the prescription is issued. The expiration date of a prescription may be extended by the prescriber and transmitted by telephone, electronic mail, or any other means of communication. An oral prescription for a spectacle lens shall be reduced to writing and a copy of that writing shall be sent to the prescriber prior to the delivery of the lenses to the person to whom the prescription is issued.
(d) A prescriber of a spectacle lens shall abide by the rules pertaining to spectacle lens prescriptions and eye examinations adopted by the Federal Trade Commission found in Part 456 of Title 16 of the Code of Federal Regulations.
(e) An expired prescription may be filled if all of the following conditions exist:
(1) The patient’s spectacles are lost, broken, or damaged to a degree that renders them unusable.
(2) Upon dispensing a prescription pursuant to this subdivision, the person dispensing shall recommend that the patient return to the optometrist or physician and surgeon who issued the prescription for an eye examination and provide the prescriber with a written notification of the prescription that was filled.
(Amended by Stats. 2021, Ch. 630, Sec. 17. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2541.3.

2541.3. (a) The State Department of Public Health, the California State Board of Optometry, and the Medical Board of California shall prepare and adopt quality standards and adopt regulations relating to prescription ophthalmic devices, including, but not limited to, lenses, frames, and contact lenses. In promulgating these rules and regulations, the department and the boards shall adopt the current standards of the American National Standards Institute regarding ophthalmic materials. Nothing in this section shall prohibit the department and the boards from jointly adopting subsequent standards that are equivalent or more stringent than the current standards of the American National Standards Institute regarding ophthalmic materials.
(b) No individual or group that deals with prescription ophthalmic devices, including, but not limited to, distributors, registered dispensing opticians or ophthalmic businesses, manufacturers, laboratories, optometrists, or ophthalmologists shall sell, dispense, or furnish any prescription ophthalmic device that does not meet the minimum standards set by the State Department of Public Health, the California State Board of Optometry, or the Medical Board of California.
(c) Any violation of the regulations adopted by the State Department of Public Health, the California State Board of Optometry, or the Medical Board of California pursuant to this section shall be a misdemeanor.
(d) Any optometrist, ophthalmologist, or dispensing optician who violates the regulations adopted by the State Department of Public Health, the California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California pursuant to this section shall be subject to disciplinary action by the individual’s licensing board.
(e) The California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California may send any prescription ophthalmic device to the State Department of Public Health for testing as to whether or not the device meets established standards adopted pursuant to this section, which testing shall take precedence over any other prescription ophthalmic device testing being conducted by the department. The department may conduct the testing in its own facilities or may contract with any other facility to conduct the testing.
(Amended by Stats. 2021, Ch. 630, Sec. 19. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2541.6.

2541.6. No prescription ophthalmic device that does not meet the standards adopted by the State Department of Public Health, the California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California under Section 2541.3 shall be purchased with state funds.
(Amended by Stats. 2021, Ch. 630, Sec. 20. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2542.

2542. A registered dispensing optician shall dispense contact lenses, including plano contact lenses, only on the valid prescription of a physician and surgeon or optometrist, and acting on the advice, direction, and responsibility of the physician and surgeon or optometrist. The registrant shall also comply with the requirements of Section 2560. A registered dispensing optician shall not dispense a contact lens or lenses, or a plano contact lens or lenses, unless the prescription specifically refers to and authorizes contact lenses. A registered dispensing optician shall not fit a generic type of contact lens or mode of wear for a contact lens contrary to the type or mode, if any, referred to in the prescription.
(Amended by Stats. 2021, Ch. 630, Sec. 21. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2543.

2543. (a) Except as provided in the Nonresident Ophthalmic Lens Dispenser Registration Act (Article 2.5 (commencing with Section 2564.70)), the right to dispense, sell, or furnish prescription ophthalmic devices at retail or to the person named in a prescription is limited exclusively to licensed physicians and surgeons, licensed optometrists, and registered dispensing opticians as provided in this division. This section shall not be construed to affect licensing requirements pursuant to Section 111615 of the Health and Safety Code.
(b) It shall be considered a deceptive marketing practice for:
(1) Any physician and surgeon, optometrist, or registered dispensing optician to publish or cause to be published any advertisement or sales presentation relating to contact lenses that represents that contact lenses may be obtained without confirmation of a valid prescription.
(2) Any individual or entity who offers for sale plano contact lenses, as defined in subdivision (c) of Section 2541, to represent by any means that those lenses may be lawfully obtained without an eye examination or confirmation of a valid prescription, or may be dispensed or furnished to a purchaser without complying with the requirements of Section 2562, except as provided in Article 2.5 (commencing with Section 2564.70).
(Amended by Stats. 2021, Ch. 630, Sec. 22. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2544.

2544. (a) Notwithstanding any other provision of law, an assistant in any setting where optometry or ophthalmology is practiced who is acting under the direct responsibility and supervision of an optometrist or a physician and surgeon may fit prescription lenses. Under the direct responsibility and supervision of an optometrist or ophthalmologist, an assistant in any setting where optometry or ophthalmology is practiced may also do the following:
(1) Prepare patients for examination.
(2) Collect preliminary patient data, including taking a patient history.
(3) Perform simple noninvasive testing of visual acuity, pupils, and ocular motility.
(4) Perform automated visual field testing.
(5) Perform ophthalmic photography and digital imaging.
(6) Perform tonometry.
(7) Perform lensometry.
(8) Perform nonsubjective auto refraction.
(9) Perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to the following conditions:
(A) The assistant shall have at least 45 hours of documented training in subjective refraction procedures acceptable to the supervising ophthalmologist or optometrist, which may include performing preliminary subjective refraction procedures consistent with this paragraph to accomplish that training.
(B) Any preliminary subjective refraction procedures shall be performed as follows:
(i) When the supervising physician and surgeon or optometrist is physically present at the location where the procedures are being performed, and not involving telehealth services.
(ii) In conjunction with an in-person examination being performed by the supervising physician and surgeon or optometrist.
(iii) With a supervisory ratio of no more than three assistants per supervising ophthalmologist or optometrist during the supervisor’s work shift.
(C) An assistant performing preliminary subjective refraction procedures may utilize appropriate related equipment, including, but not limited to, a phoropter, trial lenses, and a retinoscope, solely for the purpose of performing those procedures.
(D) An assistant may not prescribe glasses or contact lenses, and nothing in this section shall be interpreted as authorizing those activities.
(10) Administer cycloplegics, mydriatics, and topical anesthetics that are not controlled substances, for ophthalmic purposes.
(11) Perform pachymetry, keratometry, A scan and B scan ultrasound testing, and electrodiagnostic testing.
(b) For the purposes of this section, “setting” includes, but is not limited to, any facility licensed by the State Department of Public Health or the State Department of Social Services.
(c) Nothing in this section shall be construed to authorize activities that corporations and other artificial legal entities are prohibited from conducting by Section 2400.
(Amended by Stats. 2022, Ch. 596, Sec. 2. (AB 2574) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.4 - Prescription Lenses and Ophthalmic and Optometric Assistants › Section 2545.

2545. (a) Whenever a person or corporation has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, an offense against this chapter, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining the conduct on application of the California State Board of Optometry, the Medical Board of California, the Osteopathic Medical Board of California, the Attorney General, or the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(b) (1) A person or corporation who violates any of the provisions of this chapter shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than thirty-five thousand dollars ($35,000) per violation. The fines collected pursuant to this section from licensed physicians and surgeons shall be available upon appropriation to the Medical Board of California or the Osteopathic Medical Board of California for the purposes of administration and enforcement. The fines collected pursuant to this section from licensed optometrists and registered dispensing opticians shall be deposited into the Optometry Fund and shall be available upon appropriation to the California State Board of Optometry for the purposes of administration and enforcement.
(2) The Medical Board of California, the Osteopathic Medical Board of California, and the California State Board of Optometry shall adopt regulations implementing this section and shall consider the following factors, including, but not limited to, applicable enforcement penalties, prior conduct, gravity of the offense, and the manner in which complaints will be processed.
(3) The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2021, Ch. 630, Sec. 24. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2550.

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) that offers, advertises, and performs optical services for the general public.
(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.
(Added by Stats. 2021, Ch. 630, Sec. 38. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2550.1.

2550.1. The provisions of this chapter shall not apply to an individual who is acting under the direct responsibility and supervision of a physician and surgeon or optometrist, pursuant to Section 2544, in any setting where optometry or ophthalmology is practiced.
(Repealed and added by Stats. 2021, Ch. 630, Sec. 40. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2552.

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.
(Amended by Stats. 2021, Ch. 630, Sec. 42. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2552.2.

2552.2. (a) A citation issued for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall be posted on the front of the place of business of the dispensing optician. The citation shall remain posted until the violation has been corrected. The dispensing optician must also prominently post and make available its notice on any internet website it maintains that provides information about its services.
(b) A dispensing optician that has been issued a citation for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall notify all optometrists with which it has entered into a lease or other contract within 10 calendar days of being served with the order of abatement.
(Added by Stats. 2021, Ch. 630, Sec. 43. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2553.

2553. Each certificate of registration shall be at all times displayed in a conspicuous place at the certified place of business. The certificate shall not be transferable, but on application to the board there may be registered a change of address of the certificate.
(Amended by Stats. 2021, Ch. 630, Sec. 44. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2553.5.

2553.5. (a) A registered dispensing optician 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 (f) 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 dispensing optician 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 dispensing optician or 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.
(Amended by Stats. 2021, Ch. 630, Sec. 46. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2553.6.

2553.6. (a) The board shall deny any application for registration under this chapter if any person licensed as a physician and surgeon, for whom the applicant, in accordance with Section 2564.90, proposes to fill any prescription, has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest in or with the applicant.
(b) (1) The board may, in accordance with Section 2555, suspend, revoke, or refuse to renew the certificate of any individual or firm under this chapter, if such individual or firm, after the effective date of this section, fills, or has filled, while holding a certificate issued pursuant to this chapter, any prescription issued by any person licensed under Chapter 5 (commencing with Section 2000) who has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest, in or with such individual or firm.
(2) Such penalties shall be in addition to, and not to the exclusion of, any other remedies or penalties provided by law.
(3) “Proprietary interest,” for the purposes of this section, means any membership, coownership, stock ownership, legal or beneficial interest, any other proprietary interest, or profit-sharing arrangement, designated or arranged or held, directly or indirectly in any form, in or with any individual or firm applying for registration or registered under this chapter, except stock ownership in a corporation which is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through such stock exchange.
(c) This section shall apply only to a dispensing optician required to be registered pursuant to Chapter 5.5 (commencing with Section 2550) and shall not be construed to modify Section 2557, or to affect the fitting of prescription lenses by an assistant pursuant to Section 2544.
(Amended by Stats. 2021, Ch. 630, Sec. 47. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2553.7.

2553.7. (a) Registrations shall expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed.
(b) Except as otherwise provided by Section 114, any registration under this chapter may be renewed at any time within three years after its expiration by filing an application for renewal or reactivation on a form prescribed by the board, paying all accrued and unpaid renewal fees or reactivation fees as determined by the board and by paying any delinquency fees prescribed by the board. If the registration under this chapter is not renewed three years after its expiration, the registration shall be considered cancelled and may not be reinstated or renewed.
(Amended by Stats. 2021, Ch. 630, Sec. 48. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2554.

2554. Each registrant shall conspicuously and prominently display at each registered location the following consumer information:
“Eye doctors are required to provide patients with a copy of their ophthalmic lens prescriptions as follows:
Spectacle prescriptions: Release upon completion of exam.
Contact lens prescriptions: Release upon completion of exam or upon completion of the fitting process.
Patients may take their prescription to any eye doctor or registered dispensing optician to be filled.
The California State Board of Optometry regulates optometrists and registered dispensing opticians. The California State Board of Optometry receives and investigates all consumer complaints involving the practice of optometry and registered dispensing opticians. Complaints involving a California-licensed optometrist or a registered dispensing optician should be directed to:
California State Board of Optometry
Department of Consumer Affairs
2450 Del Paso Road, Suite 105
Sacramento, CA 95834
Phone: 1-866-585-2666 or (916) 575-7170
Email: optometry@dca.ca.gov
Internet website: www.optometry.ca.gov”
(Amended by Stats. 2021, Ch. 630, Sec. 49. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2555.

2555. Certificates issued under this chapter may in the discretion of the board be suspended or revoked or subjected to terms and conditions of probation for violating or attempting to violate this chapter, Chapter 5.4 (commencing with Section 2540) or any regulation adopted under this chapter or, Chapter 5.4 (commencing with Section 2540), or Section 651, 654, or 655, or for incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or by an employee of the registrant. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(Amended by Stats. 2021, Ch. 630, Sec. 50. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2555.1.

2555.1. (a) In the discretion of the board, a certificate issued under this chapter may be suspended or revoked if an individual certificate holder or persons having any proprietary interest who will engage in dispensing operations, have been convicted of a crime substantially related to the qualifications, functions, and duties of a dispensing optician. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction.
(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a dispensing optician is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(c) The proceeding under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(Amended by Stats. 2021, Ch. 630, Sec. 51. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2556.

2556. (a) Except as authorized by Section 655, it is unlawful for a registered dispensing optician or a person who engages in the business of, or holds himself or herself out to be, a dispensing optician to do any of the following: to advertise the furnishing of, or to furnish, the services of an optometrist or a physician and surgeon, to directly employ an optometrist or physician and surgeon for the purpose of any examination or treatment of the eyes, or to duplicate or change lenses without a prescription or order from a person duly licensed to issue the same. For the purposes of this section, “furnish” does not mean to enter into a landlord-tenant relationship of any kind.
(b) Notwithstanding Section 125.9, the board may, by regulation, impose and issue administrative fines and citations for a violation of this section or Section 655, which may be assessed in addition to any other applicable fines, citations, or administrative or criminal actions.
(Amended by Stats. 2018, Ch. 703, Sec. 22. (SB 1491) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2556.1.

2556.1. All licensed optometrists and registered dispensing opticians who are in a colocated setting shall report the business relationship to the California State Board of Optometry, as determined by the board. The California State Board of Optometry shall have the authority to inspect any premises at which the business of a registered dispensing optician is colocated with the practice of an optometrist, for the purposes of determining compliance with Section 655. The inspection may include the review of any written lease agreement between the registered dispensing optician and the optometrist or between the optometrist and the health plan. Failure to comply with the inspection or any request for information by the board may subject the party to disciplinary action. The board shall provide a copy of its inspection results, if applicable, to the Department of Managed Health Care.
(Amended by Stats. 2021, Ch. 630, Sec. 53. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2556.5.

2556.5. Any person who holds himself out as a “dispensing optician” or “registered dispensing optician” or who uses any other term or letters indicating or implying that he is registered and holds a certificate under the terms of this law without having at the time of so doing a valid, unrevoked certificate, as provided in this chapter, is guilty of a misdemeanor.
(Added by Stats. 1953, Ch. 1144.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2557.

2557. This chapter shall not affect any person licensed as an optometrist under Chapter 7 of Division II of this code, or any physician and surgeon licensed under Chapter 5 of Division II of this code. Such exemption shall not apply to any optometrist or physician and surgeon exclusively engaged in the business of filling prescriptions for physicians and surgeons. This chapter does not prohibit the sale of goggles, sun glasses, colored glasses, or occupational protective eye devices if they do not have refractive values nor do the provisions of this chapter prohibit the sale of complete ready-to-wear eyeglasses as merchandise.
(Added by Stats. 1939, Ch. 955.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2557.1.

2557.1. A certificate issued to a registered spectacle or contact lens dispenser may in the discretion of the board be suspended or revoked for violating or attempting to violate any provision of this chapter or any regulation adopted under this chapter, or for incompetence, gross negligence, or repeated similar negligent acts performed by the certificate holder. A certificate may also be suspended or revoked if the individual certificate holder has been convicted of a felony as provided in Section 2555.1.
Any proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(Added by Stats. 2021, Ch. 630, Sec. 55. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 5.5 - Registered Dispensing Opticians › ARTICLE 1 - General Provisions › Section 2558.

2558. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment.
The board may adopt, amend, or repeal, in accordance with the Administrative Procedure Act, any regulations as are reasonably necessary to carry out this chapter.
(Amended by Stats. 2016, Ch. 489, Sec. 20. (SB 1478) Effective January 1, 2017.)