reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 7 - Optometric Corporations › Section 1547 - Security for Claims Against an Optometric Corporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an optometric corporation provides
				security by means of insurance for claims against it by its patients, the
				security shall consist of a policy or policies of insurance insuring the
				corporation against liability imposed upon it by law for damages arising out of
				claims against it by its patients arising out of the rendering of, or failure
				to render, optometric services by the corporation in an amount of each claim of
				at least $50,000 multiplied by the number of employed licensed persons
				rendering such optometric services and an aggregate maximum limit of liability
				per policy year of at least $150,000 multiplied by the number of such
				employees, provided that the maximum coverage shall not be required to exceed
				$150,000 for each claim and $450,000 for all claims during the policy year, and
				provided further that the deductible portion of such insurance shall not exceed
				$5,000 multiplied by the number of such employees.
(b) All shareholders of the corporation shall
				be jointly and severally liable for all claims established against the
				corporation by its patients arising out of the rendering of, or failure to
				render, optometric services up to the minimum amounts specified for insurance
				under subdivision (a) hereof except during periods of time when the corporation
				shall provide and maintain insurance for claims against it by its patients
				arising out of the rendering of, or failure to render, optometric services.
				Said insurance, when provided, shall meet the minimum standards established in
				subdivision (a) above.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 7 - Optometric Corporations › Section 1548 - Shares: Ownership and Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The shares of an optometric corporation may be issued only to a natural person
				licensed to practice optometry and may be transferred only to a natural person
				licensed to practice optometry or to the issuing corporation.
(b) Where there are two or more shareholders
				in an optometric corporation and one of the shareholders:
(1) Dies, or
(2) Becomes a disqualified person as defined
				in Section
				13401(d)
				of the Corporations Code, for a period exceeding ninety (90) days, his/her
				shares shall be sold and transferred to a natural person licensed to practice
				optometry or to the issuing optometric corporation, on such terms as are agreed
				upon. Such sale or transfer shall not be later than six (6) months after any
				such death and not later than ninety (90) days after the date he/she became a
				disqualified person.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 7 - Optometric Corporations › Section 1549 - Certificate of Registration: Continuing Validity: Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Certificate of Registration shall
				continue in effect until it is suspended or revoked. Such certificate may be
				suspended or revoked for any of the grounds permitted by law.
(b) By May 31 of each year, each optometric
				corporation shall file with the Board a report on a form provided by the Board
				reflecting its status as of May 1 and including such information pertaining to
				its qualifications and compliance with the statutes, rules and regulations of
				the Board as the Board may require.
(c) Each optometric corporation shall file a
				special report, on a form provided by the Board, within 30 days of any change
				of the officers, directors, shareholders, places of practice, by-laws, articles
				of incorporation, corporate name.
(d) Each annual report filed hereunder shall
				be accompanied by a filing fee not to exceed $50.00.
(e) Each special report filed hereunder shall
				be accompanied by a filing fee not to exceed $15.00.
1. Amendment
				  of subsection (c) filed 3-3-78; effective thirtieth day thereafter (Register
				  78, No. 9.)
2. Amendment of subsections (d) and (e) filed 2-2-79;
				  effective thirtieth day thereafter (Register 79, No. 5).
3. Change
				  without regulatory effect of NOTE (Register 88, No.
				  15).
Note: Authority cited: Section
					 3167,
					 Business and Professions Code. Reference: Sections
					 3160-
					 3167,
					 Business and Professions Code; and Section
					 13401,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 7 - Optometric Corporations › Section 1550 - Branch Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An optometric corporation is subject to the provisions of
				  Section 3077 of the Code. When any
				  optometric corporation duly registered hereunder desires to have a branch
				  office within the meaning of that code section, it shall, prior to the opening
				  of any branch office, make application therefor to the Board and receive
				  permission in writing from the Board to have such branch
				  office.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 8 - Topical Pharmaceutical Agents › Section 1560 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  8 (Sections
				  1560-1563) filed 11-22-77;
				  effective thirtieth day thereafter (Register 77, No. 48).
2.
				  Amendment filed 10-25-83; effective thirtieth day thereafter (Register 83, No.
				  44).
3. New subsection (a)(3)(d) filed 6-20-96; operative 7-20-96
				  (Register 96, No. 25).
4. Repealer filed 4-6-2001; operative
				  5-6-2001 (Register 2001, No. 14).
Note: Authority cited: Sections
					 3025
					 and
					 3041,
					 Business and Professions Code. Reference: Section
					 3041,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 8 - Topical Pharmaceutical Agents › Section 1561 - Topical Pharmaceutical Agents Usage-Purpose and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
				this article is to implement Business and Professions Code Section
				3041.2,
				as added to said code by chapter 418 of the 1976 statutes. Only those
				optometrists meeting the requirements of this article may use topical
				pharmaceutical agents in the examination of human eyes.
(b) In order to use topical pharmaceutical
				agents in the examination of human eyes, an optometrist must:
(1) complete a course in pharmacology
				approved by the Board or have equivalent experience satisfactory to the Board;
				and
(2) provide evidence of taking
				and passing either:
(A) both the Applied Basic
				Science and Clinical Skills sections of the NBEO examination as it was
				constituted beginning in January 2010; or
(B) a pharmacology examination equivalent to
				subdivision (b)(1) above and administered by an accredited school or college of
				optometry.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 8 - Topical Pharmaceutical Agents › Section 1562 - Pharmacology Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				order to be approved by the Board, a course in pharmacology must include
				instruction in general pharmacology, ocular pharmacology, and in ocular
				pharmacology applied to relevant clinical procedures. The course must be at
				least 55 hours in length and be subdivided as follows:
General Pharmacology
						  ..................................................................
..........................15 hours
Ocular Pharmacology
						  ....................................................................
..........................20 hours
Clinical Laboratory (ocular pharmacology applied to
						  relevant clinical procedures)
						  ........................................................................
..........................20 hours
(b)
				Approval by the Board shall be required of all pharmacology course
				instructors.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 8 - Topical Pharmaceutical Agents › Section 1563 - Pharmacology Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The pharmacology course examination shall cover coursework in general
				pharmacology, ocular pharmacology, and ocular pharmacology with relevant
				clinical procedures and shall be given in conjunction with the annual
				optometrist licensure examination or when otherwise designated by the
				Board.
(b) The examination fee
				shall not exceed thirty-five dollars ($35).
(c) The procedure specified in Section
				1533 will be used for requests to
				inspect examination papers or to appeal examination scores.
1. Amendment
				  of subsection (b) filed 2-2-79; effective thirtieth day thereafter (Register
				  79, No. 5).
Note: Authority cited: Section
					 3153,
					 Business and Professions Code. Reference: Sections
					 3041.1
					 and
					 3041.2,
					 Business and Professions Code; Sections
					 1560,
					 1561 and
					 1562, California Administrative
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 9 - Application Processing Timelines › Section 1564 - Review of Optometrist Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall inform in writing an
				applicant for licensure as an optometrist within 45 days of receipt of the
				application whether the application is complete and accepted for filing or is
				deficient and what specific information is required.
(b) The Board shall inform in writing an
				applicant for licensure as an optometrist within 120 days after completion of
				the application, of its decision whether the applicant meets the requirements
				for licensure. "Completion of the application" means that a completed
				application form together with all required information, documentation and fees
				have been filed by the applicant (This period may be extended by that time
				necessary for retaking or rescheduling an examination or if the applicant is
				delayed in obtaining or completing any required professional experience or
				clinical training.)
(c) The
				minimum, median and maximum processing times for an application for licensure
				as an optometrist from the time of receipt of the initial application until the
				Board makes a final decision on the application are:
(1) Minimum--1 day
(2) Median--30 days
(3) Maximum--120 days
(These processing times apply to those applicants who take
				  and pass the first available licensing examination.)
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 9 - Application Processing Timelines › Section 1564.1 - Review of Fictitious Name Permit Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall
				in writing inform an applicant for a permit for a fictitious name within 45
				days from receipt of the application whether the application is complete and
				accepted for filing or is deficient and what specific information is
				required.
(b) The Board shall
				inform in writing an applicant for a permit for a fictitious name within 120
				days after completion of the application, of its decision whether the applicant
				meets the requirements for a fictitious name permit. "Completion of the
				application" means that a completed application form together with all required
				information, documentation and fees have been filed by the applicant.
(c) The minimum, median and maximum
				processing times for a fictitious name permit from the time of receipt of the
				initial application until the Board makes a final decision on the application
				are:
(1) Minimum--7 days
(2) Median--30 days
(3) Maximum--120 days
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 10 - Prescriptions › Section 1565 - Prescription Standards: Information Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any prescription or order by an
				optometrist comprising written specifications for ophthalmic lenses pursuant to
				an eye examination must contain the following minimal information: name,
				address, telephone number and license number of the issuing optometrist;
				his/her signature; issue date and expiration date; and patient's
				name.
1. New section
				  filed 2-21-89; operative 3-23-89 (Register 89, No.
				  10).
Note: Authority cited: Sections
					 3025
					 and
					 3025.5,
					 Business and Professions Code. Reference: Sections
					 3025.5
					 and
					 3041,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 10 - Prescriptions › Section 1566 - Release of Prescriptions: Notice Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At each office there shall be posted in a conspicuous place a
				  notice which shall clearly state the legal requirements regarding the release
				  of all corrective lens prescriptions and such notice shall at a minimum contain
				  the following information:
CONSUMER NOTICE
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.
1. New section
				  filed 3-15-94; operative 4-14-94 (Register 94, No. 11).
2. Amendment
				  of section and NOTE filed 3-10-2006; operative 4-9-2006 (Register 2006, No.
				  10).
Note: Authority cited: Sections
					 3025,
					 3025.5
					 and
					 3090,
					 Business and Professions Code. Reference: Sections
					 2541.2,
					 3025,
					 3025.5
					 and
					 3090,
					 Business and Professions Code; and Title
					 16 CFR
					 315.3,
					 456.1 and
					 456.2.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 10 - Prescriptions › Section 1566.1 - Consumer Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The "CONSUMER NOTICE" specified in Section
				  1566 shall also contain the
				  following consumer information:
The practice of optometry in California is regulated by the
				  Board of Optometry. The Board of Optometry receives and investigates all
				  consumer complaints involving the practice of optometry. Complaints or
				  grievances involving a California-licensed optometrist, should be directed
				  to:
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:
www.optometry.ca.gov
1. New section
				  filed 8-12-99; operative 9-11-99 (Register 99, No. 33).
2. Amendment
				  filed 3-10-2006; operative 4-9-2006 (Register 2006, No. 10).
3.
				  Change without regulatory effect amending section filed 1-14-2013 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2013, No. 3).
Note: Authority cited: Section
					 3025,
					 Business and Professions Code. Reference: Section
					 3025.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 11 - Therapeutic Pharmaceutical Agents › Section 1568 - Therapeutic Pharmaceutical Agents Usage-Purpose and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only those optometrists meeting the requirements of this
				  Article may apply for TPA Certification to use Therapeutic Pharmaceutical
				  Agents. The Application for TPA Certification (Form TPA-1 Rev. 4/96), which is
				  hereby incorporated by reference, may be obtained from the Board's Headquarters
				  office. Requirements for TPA certification are as follows:
(a) If the applicant is licensed to practice
				optometry in California and graduated from an accredited school of optometry
				prior to January 1, 1992:
(1) Completion of an
				80-hour TPA didactic course provided either by the University of California at
				Berkeley School of Optometry or the Southern California College of Optometry or
				recognized ophthalmological residency review committee or at an accredited
				school or college located outside of California as provided in Section
				1570 in this Article.
(2) Pass the examination given at the
				conclusion of the TPA course.
(3)
				Pass the TMOD component of the NBEO administered after July 1, 1992.
(4) Complete 20 hours of self directed study
				in the treatment and management of ocular, systemic disease.
(5) Complete a 65-hour preceptorship service
				as defined in Section
				1567 in this
				Article.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 11 - Therapeutic Pharmaceutical Agents › Section 1569 - Scope of Practice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-7-97; operative 8-6-97 (Register 97, No. 28).
2. Amendment
				  filed 12-20-2004; operative 1-19-2005 (Register 2004, No. 52).
3.
				  Repealer filed 7-21-2010; operative 8-20-2010 (Register 2010, No.
				  30).
Note: Authority cited: Sections
					 3025
					 and
					 3041.2,
					 Business and Professions Code. Reference: Sections
					 2266,
					 3027.5,
					 3041,
					 3041.1,
					 3108
					 and
					 3109,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 11 - Therapeutic Pharmaceutical Agents › Section 1570 - Educational Equivalency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Didactic courses at the following schools and colleges of
				  optometry shall be considered equivalent to those given in California:
(a)
University of Alabama at
						  Birmingham
School of Optometry
Birmingham, Alabama
(b)
University of Waterloo
School of Optometry
Ontario, Canada
(c)
Nova Southeastern University
College of Optometry
North Miami Beach, Florida
(d)
Illinois College of
						  Optometry
Chicago, IL
(e)
Indiana University
School of Optometry
Bloomington, Indiana
(f)
New England College of
						  Optometry
Boston, Massachusetts
(g)
Ferris State University
College of Optometry
Big Rapids, Michigan
(h)
University of Missouri
School of Optometry
St. Louis, Missouri
(i)
State University of New York
State College of Optometry
New York, New York
(j)
The Ohio State University
College of Optometry
Columbus, Ohio
(k)
Northeastern State
						  University
College of Optometry
Tahlequah, Oklahoma
(
l
)
Pacific
						  University
College of Optometry
Forest Grove, Oregon
(m)
Pennsylvania College of
						  Optometry
Philadelphia, Pennsylvania
(n)
Southern College of
						  Optometry
Memphis, Tennessee
(o)
University of Houston
College of Optometry
Houston, Texas
1. New section
				  filed 7-7-97; operative 8-6-97 (Register 97, No.
				  28).
Note: Authority cited: Sections
					 3025
					 and
					 3041.2,
					 Business and Professions Code. Reference: Sections
					 3041.1
					 and
					 3041.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12 - Enforcement › Section 1575 - Uniform Standards Related to Substance Abuse and Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedures Act (Government Code Section
				  11400 et
				  seq.), the Board of Optometry shall comply with the "Uniform Standards Related
				  to Substance Abuse" (Uniform Standards) and consider the "Disciplinary
				  Guidelines" (DG-4, 5-2012) which are hereby incorporated by reference. The
				  Disciplinary Guidelines apply to all disciplinary matters; the Uniform
				  Standards apply to a substance-abusing licensee.
(a) Subject to subdivision (b), deviation
				from the Disciplinary Guidelines, including the standard terms of probation, is
				appropriate where the Board, in its sole discretion, determines that the facts
				of the particular case warrant such a deviation--for example: the presence of
				mitigating factors; the age of the case; evidentiary problems.
(b) If the conduct found to be a violation
				involves drugs and/or alcohol, the licensee shall be presumed to be a
				substance-abusing licensee for purposes of Section
				315 of the Code. If the licensee
				does not rebut that presumption, then the Uniform Standards for a
				substance-abusing licensee shall apply.
1. New article
				  12 (section
				  1575) and section filed 7-30-97;
				  operative 7-30-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 31).
2. Amendment of "Disciplinary Guidelines and
				  Model Disciplinary Orders" (incorporated by reference) and amendment of section
				  filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).
3.
				  Amendment of section heading, section and NOTE filed 2-27-2013; operative
				  4-1-2013 (Register 2013, No. 9).
Note: Authority cited: Sections
					 3025
					 and
					 3090,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 315,
					 315.2,
					 315.4,
					 480,
					 3090,
					 3091
					 and
					 3110,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1576 - Citations - Content and Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive officer of the board, or
				his/her designee, may issue a citation which may contain an administrative fine
				and/or order of abatement against a licensee for any violation of law which
				would be grounds for discipline or for violation of any regulation adopted by
				the board pursuant hereto.
(b) Each
				citation shall be in writing and shall describe, with particularity, the nature
				and facts of each violation specified in the citation, including a reference to
				the statute(s) or regulation(s) alleged to have been violated.
(c) The citation may contain an assessment of
				an administrative fine, an order of abatement fixing a reasonable time for
				abatement of the violation, or both.
(d) The citation shall inform the cited
				individual of the right to an informal citation conference concerning the
				matter and the right to an administrative hearing.
(e) The citation shall be served upon the
				individual personally, or by certified mail in accordance with the provisions
				of Section
				11505(c)
				of the Government Code.
1. New article
				  12.5 (sections
				  1576-1581) and section filed
				  8-17-99; operative 9-16-99 (Register 99, No.
				  34).
Note: Authority cited: Sections
					 125.9,
					 3025
					 and
					 3135,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 3135,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1577 - Citations for Unlicensed Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board is authorized to determine
				  when and against whom a citation will be issued and to issue citations
				  containing orders of abatement and fines against persons, as defined in Section
				  125.9 of the Code, who are
				  performing or who have performed services for which a license is required under
				  the statutes and regulations enforced by the Board of Optometry. Each citation
				  issued for unlicensed activity shall be issued in accordance with Section
				  1578 of these regulations. The
				  provisions of section
				  1578 shall apply to the issuance
				  of citations for unlicensed activity under this section. The sanction
				  authorized under this section shall be separate from and in addition to any
				  other civil or criminal remedies.
1. New section
				  filed 8-17-99; operative 9-16-99 (Register 99, No.
				  34).
Note: Authority cited: Sections
					 125.9,
					 148,
					 3025
					 and
					 3135,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1578 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing an administrative fine or issuing an order of
				  abatement, the executive officer of the board shall give due consideration to
				  the following factors:
(a) The gravity
				of the violation. If the violation is of such a nature and/or severity that
				revocation of the license or restrictions on the license are necessary in order
				to ensure consumer protection, a citation will not be issued.
(b) The good or bad faith exhibited by the
				cited person.
(c) The history of
				previous violations of the same or similar nature.
(d) Evidence that the violation was or was
				not willful.
(e) The extent to
				which the cited person has cooperated with the board's investigation.
(f) The extent to which the cited person has
				mitigated or attempted to mitigate any damage or injury caused by the
				violation.
(g) Any other factors as
				justice may require.
1. New section
				  filed 8-17-99; operative 9-16-99 (Register 99, No.
				  34).
Note: Authority cited: Sections
					 125.9
					 and
					 3025,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1579 - Citable Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				executive officer of the board shall assess fines for citable offenses listed
				in this section, provided however, in no case shall the total fines exceed
				$2,500 for each violation. The executive officer shall not impose any duplicate
				fines for the same violation.
(b)
				Where citations include an assessment of an administrative fine, they shall be
				classified according to the nature of the violation and shall indicate the
				classification on the face.
(c)
				Class "A" citations involve a person who has engaged in the practice of
				optometry without a current and valid license, including, but not limited to,
				acting in the capacity of an optometrist or performing or controlling the
				practice of optometry as defined in Business and Professions Code section
				3041.
A class "A" citation is subject to an administrative fine in
				  an amount not less than one thousand five hundred dollars ($1,500) and not to
				  exceed two thousand five hundred dollars ($2,500) for each
				  violation.
(d) Class "B"
				citations involve an optometrist who has either:
(1) Violated any statute or regulation which
				would be grounds for discipline by the Board that has caused non-physical
				financial harm to a person, or
(2)
				Has committed a violation that are grounds for issuance of a Class "C" citation
				and has been issued one or more prior Class "C" citations within the three (3)
				years immediately preceding the issuance of the citation.
A class "B" citation is subject to an administrative fine in
				  an amount not less than five hundred dollars ($500) and not to exceed two
				  thousand five hundred dollars ($2,500) for each
				  violation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1580 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the cited person who has been issued
				an order of abatement is unable to complete the correction within the time set
				forth in the citation because of conditions beyond his or her control after the
				exercise of reasonable diligence, the cited person may request an extension of
				time in which to make the correction from the executive officer of the board.
				Such a request shall be in writing and shall be made within the time set forth
				for the abatement.
(b) If a
				citation or order of abatement is not contested, or if the citation is
				contested and the cited person does not prevail, failure to abate the violation
				or to pay the assessed fine within the time allowed shall constitute a
				violation and a failure to comply with the citation or order of
				abatement.
(c) Failure to comply
				with an order of abatement or pay an assessed fine may result in disciplinary
				action being taken by the board or other appropriate judicial action being
				taken against the cited person.
(d)
				If a fine is not paid after a citation has become final, the fine shall be
				added to the cited person's license or registration renewal fee. A license or
				registration shall not be renewed without payment of the renewal fee and
				fine.
1. New section
				  filed 8-17-99; operative 9-16-99 (Register 99, No.
				  34).
Note: Authority cited: Sections
					 125.9
					 and
					 3025,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1581 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If a cited person wishes to contest the citation, assessment of the
				administrative fine, or order of abatement, the cited person shall, within
				thirty (30) days after service of the citation, file in writing a request for
				an administrative hearing to the executive officer regarding the acts charged
				in the citation, as provided for in subdivision (b)(4) of Section
				125.9 of the Code.
(b) In addition to, or instead of, requesting
				an administrative hearing, as provided for in subdivision (b)(4) of Section
				125.9 of the Code, the cited
				person may, within thirty (30) days after service of the citation, contest the
				citation by submitting a written request for an informal citation conference to
				the executive officer or his/her designee.
(c) Upon receipt of a written request for an
				informal citation conference, the executive officer or his/her designee shall,
				within sixty (60) days, hold an informal citation conference with the cited
				person. The cited person may be accompanied and represented at the informal
				citation conference by an attorney or other authorized
				representative.
(d) If an informal
				citation conference is held, the request for an administrative hearing shall be
				deemed to be withdrawn and the executive officer or his/her designee may
				affirm, modify or dismiss the citation, including any fine levied or order of
				abatement issued, at the conclusion of the informal citation conference. If
				affirmed or modified, the citation originally issued shall be considered
				withdrawn and an affirmed or modified citation, including reason for the
				decision, shall be issued. The affirmed or modified citation shall be mailed to
				the cited person and his/her legal counsel, if any, within ten (10) days from
				the date of the informal citation conference.
(e) If a cited person wishes to contest an
				affirmed or modified citation, the person shall, within thirty (30) days of his
				or her notification, file in writing a request for an administrative hearing to
				the executive officer regarding the acts charged in the affirmed or modified
				citation, in accordance with subdivision (b)(4) of Section
				125.9 of the Code.
1. New section
				  filed 8-17-99; operative 9-16-99 (Register 99, No.
				  34).
Note: Authority cited: Sections
					 125.0
					 and
					 3025,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 15 - State Board of Optometry › Article 12.5 - Citations and Fines › Section 1582 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Section
				  3110 of the Code, "unprofessional
				  conduct" also includes, but is not limited to the following:
(a) Failure to cooperate and participate in
				any Board investigation pending against the licensee. This includes, but is not
				limited to, failure to respond to a Board request for information or evidence
				within 15 days of receipt of the request or within the time specified in the
				request, whichever is later, unless the licensee is unable to provide the
				information within this time period for good cause. This subsection shall not
				be construed to deprive a licensee of any privilege guaranteed by the Fifth
				Amendment to the Constitution of the United States, or any other constitutional
				or statutory privileges. This subsection shall not be construed to require a
				licensee to cooperate with a request that would require the licensee to waive
				any constitutional or statutory privilege or to comply with a request for
				information or other matters within an unreasonable period of time in light of
				the time constraints of the licensee's practice. Any exercise by a licensee of
				any constitutional or statutory privilege shall not be used against the
				licensee in a regulatory or disciplinary proceeding against the
				licensee.
(b) Failure to report to
				the Board, within 30 days, any of the following:
(1) The bringing of an indictment or
				information charging a felony against the licensee.
(2) The conviction of the licensee, including
				any verdict of guilty, or pleas of guilty or no contest, of any felony or
				misdemeanor.
(3) Any disciplinary
				action taken by another licensing entity or authority of this state or of
				another state or an agency of the federal government or the United States
				military that is related to the practice of optometry.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 1 - General Provisions › Section 1600 - Location of Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The office of the Osteopathic Medical Board of California is
				  located at 1300 National Drive, Suite 150, Sacramento, California
				  95834.
1. Repealer of
				  chapter 16 (sections
				  1600-1697, not consecutive) and
				  new chapter 16 (sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78; No.
				  15; 77, No. 21; and 63, No. 25.
2. Amendment filed 9-22-93;
				  operative 10-22-93 (Register 93, No. 39).
3. Change without
				  regulatory effect amending title page, table of contents, and page headings for
				  division 16 filed 5-9-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No 19).
4. Amendment filed 6-4-97;
				  operative 6-4-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 23).
5. Change without regulatory effect amending
				  section filed 6-26-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 26).
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Section
					 3600-
					 1,
					 Business and Professions Code. Reference: Osteopathic Act, Section
					 1.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 1 - General Provisions › Section 1602 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in the rules and regulations of this chapter:
(a) "Board" means the Osteopathic Medical
				Board of California.
(b) "Code"
				means the California Business and Professions Code.
(c) "Act" means the Osteopathic Act as
				established as an Initiative Measure, Stats. 1923, p. xciii as subsequently
				amended and set forth in West's Business and Professions Code Section
				3600-
				1
				et seq.
(d) "Executive Director"
				means the executive and administrative officer appointed by the
				Board.
(e) The masculine gender
				includes the feminine, the feminine includes the masculine.
1. Repealer of
				  chapter 16 (sections
				  1600-1697, not consecutive) and
				  new chapter 16 (sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
2. Amendment of subsection (a) filed
				  9-22-93; operative 10-22-93 (Register 93, No.
				  39).
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Section
					 3600-
					 1,
					 Business and Professions Code. Reference: Osteopathic Act, Section
					 1.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 1 - General Provisions › Section 1603 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for those powers reserved exclusively to the "agency
				  itself" under the Administrative Procedure Act, Section
				  11500, et seq. of the Government
				  Code, the Board delegates and confers upon the executive director of the Board
				  all functions necessary to the proper dispatch of the business of the Board in
				  connection with all investigative and administrative proceedings; additionally,
				  authority is hereby delegated to the executive director to issue fictitious
				  names and to register professional corporations.
1. Repealer of
				  Chapter 16 (Sections
				  1600-1697, not consecutive) and
				  new Chapter 16 (Sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; Sections
					 2454
					 and
					 3600-
					 1,
					 Business and Professions Code. Reference: Osteopathic Act, Section
					 1; and Section
					 2454,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 1 - General Provisions › Section 1604 - Filing of Addresses by Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a certificate of registration, license,
				  permit or any other authority under any and all laws administered by the Board
				  is hereby directed and required to file with the Board his proper and current
				  mailing address and to report immediately to the Board at its Sacramento office
				  any and all changes of address, giving both his old and his new
				  address.
1. Repealer of
				  Chapter 16 (Sections
				  1600-1697, not consecutive) and
				  new Chapter 16 (Sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Section
					 3600-1, Business and Profession
					 Code. Reference: Section
					 2456,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 2 - Schools and Colleges of Osteopathic Medicine › Section 1605 - Approved Schools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Those medical schools accredited by the Bureau of Professional Education of the
				American Osteopathic Association shall be deemed to be approved by the Board
				for the giving of resident professional instruction in medicine.
(b) A current list of such medical schools
				shall be maintained on file in the Sacramento office of the Board.
(c) Nothing in this section shall be
				construed to prohibit the Board from disapproving a medical school which does
				not comply with Code Sections
				2089 and
				2089.5.
1. Repealer of
				  Chapter 16 (Sections
				  1600-1697, not consecutive) and
				  new Chapter 16 (Sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Sections
					 2084,
					 2085,
					 2086
					 and
					 3600-
					 1,
					 Business and Professions Code. Reference: Sections
					 2037,
					 2084,
					 2085,
					 2086,
					 2089
					 and
					 2089.5,
					 Business and Professions Code; and D'Amico vs. Board of Medical Examiners
					 (1974) 11 Cal.3d 1.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 2 - Schools and Colleges of Osteopathic Medicine › Section 1606 - Notice to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensee engaged in the practice of medicine shall provide notice to each
				patient of the fact that the licensee is licensed and regulated by the Board.
				The notice shall include the following statement and information:
NOTICE TO CONSUMERS
Osteopathic physicians and surgeons (D.O.) are licensed and
				  regulated by the Osteopathic Medical Board of California.
(916)928-8390
www.ombc.ca.gov
To check the status of your physician and surgeon D.O.
				  license online, go to
https://search.dca.ca.gov/
.
To file a complaint against the physician and surgeon D.O.,
				  complete the online complaint form on the Osteopathic Medical Board of
				  California website or email:osteopathic@dca.ca.gov
(b) The notice required by this section shall
				be provided by one of the following methods:
(1) Prominently posting the notice in an area
				visible to patients on the premises where the licensee provides the licensed
				services, in which case the notice shall be in at least 48 point type in Arial
				font.
(2) Including the notice in a
				written statement for all new patients, signed and dated by the patient or the
				patient's representative and retained in that patient's medical records,
				stating the patient understands the physician and surgeon D.O. is licensed and
				regulated by the Board; thereafter provide the written notice at every visit
				without signature required.
(3)
				Including the notice in a statement on letterhead, discharge instructions, or
				other document given to a patient or the patient's representative for every
				visit, where the notice is placed immediately above the signature line for the
				patient in at least 14 point type font.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 3 - Postgraduate Training › Section 1607 - Approved Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hospitals approved by the Board for postgraduate training
				  shall be all hospitals approved for such training by the Bureau of Hospitals of
				  the American Osteopathic Association, by the Council of Education and Hospitals
				  of the American Medical Association, or by the Board itself.
1. Repealer of
				  Chapter 16 (Sections
				  1600-1697, not consecutive) and
				  new Chapter 16 (Sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Section
					 3600-
					 1,
					 Business and Professions Code. Reference: Sections
					 2037
					 and
					 2089.5,
					 Business and Professions Code; and D'Amico vs. Board of Medical Examiners
					 (1974) 11 Cal.3d 1.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 16 - Osteopathic Medical Board of California › Article 3 - Postgraduate Training › Section 1608 - Hospitals Disapproved During Postgraduate Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the approval of a hospital to train osteopathic physicians
				  is suspended or revoked subsequent to the time a physician has entered into an
				  agreement for such training, the physician shall be entitled to complete his or
				  her training at that hospital without disqualification for licensure or other
				  penalty.
1. Repealer of
				  Chapter 16 (Sections
				  1600-1697, not consecutive) and
				  new Chapter 16 (Sections
				  1600-1697, not consecutive and
				  Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior
				  history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No.
				  15; 77, No. 21; and 63, No. 25.
Note: Authority cited: Osteopathic Act (Initiative Measure,
					 Stats. 1923, p. xciii), Section
					 1; and Section
					 3600-
					 1,
					 Business and Professions Code. Reference: Sections
					 2037
					 and
					 2089.5,
					 Business and Professions Code; and D'Amico vs. Board of Medical Examiners
					 (1974) 11 Cal.3d 1.