Section § 2540

Explanation

Only licensed doctors, like physicians, surgeons, or optometrists, are allowed to perform eye exams that measure vision or assess how your eyes focus. They're also the only ones who can prescribe glasses or contact lenses.

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.

Section § 2541

Explanation

This law defines what counts as a prescription ophthalmic device. It includes any glasses or contact lenses ordered by an eye doctor to change vision, certain contact lenses under federal rules, and any decorative contact lenses with no vision correction that can change how eyes look.

A prescription ophthalmic device includes each of the following:
(a)CA Business and Professions Code § 2541(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)CA Business and Professions Code § 2541(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)CA Business and Professions Code § 2541(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.

Section § 2541.1

Explanation

This law outlines what needs to be included in a prescription for glasses. The prescription must state the lens power, expiration date, issue date, and the prescriber's details, along with the patient's name. It sets limits on how long a prescription lasts, usually between two to four years, unless special cases require earlier changes. Prescribers should clearly communicate the expiration date orally and can extend it if needed. They are also required to follow Federal Trade Commission rules regarding these prescriptions. If a patient's glasses are lost or damaged, expired prescriptions can be used to fill a new lens, but the patient should be encouraged to get an exam by the original prescriber.

(a)CA Business and Professions Code § 2541.1(a) A spectacle lens prescription shall include all of the following:
(1)CA Business and Professions Code § 2541.1(a)(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)CA Business and Professions Code § 2541.1(a)(2) The expiration date of the prescription.
(3)CA Business and Professions Code § 2541.1(a)(3) The date of the issuance of the prescription.
(4)CA Business and Professions Code § 2541.1(a)(4) The name, address, telephone number, prescriber’s license number, and signature of the prescribing optometrist or physician and surgeon.
(5)CA Business and Professions Code § 2541.1(a)(5) The name of the person to whom the prescription is issued.
(b)CA Business and Professions Code § 2541.1(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)CA Business and Professions Code § 2541.1(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)CA Business and Professions Code § 2541.1(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)CA Business and Professions Code § 2541.1(e) An expired prescription may be filled if all of the following conditions exist:
(1)CA Business and Professions Code § 2541.1(e)(1) The patient’s spectacles are lost, broken, or damaged to a degree that renders them unusable.
(2)CA Business and Professions Code § 2541.1(e)(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.

Section § 2541.2

Explanation

This law outlines the rules around contact lens prescriptions. The prescription should last between one and two years, unless there are health reasons to shorten it, and those reasons must be recorded. Once the eye exam or fitting is done, the patient gets a copy of the prescription. Special cases like custom lenses give the prescriber some discretion about releasing the prescription. If a patient buys lenses elsewhere, the prescriber must confirm the prescription details when contacted. The prescription must include all necessary details, such as size and brand. Payment for services can be required before giving out the prescription, but there can't be added charges for accessing it. Prescribers can't force patients to buy lenses from them, nor can they include liability waivers for lenses bought elsewhere. Failing to follow these rules can lead to disciplinary actions against the prescriber. This law also clarifies that it doesn't change what a dispensing optician can legally do.

(a)Copy CA Business and Professions Code § 2541.2(a)
(1)Copy CA Business and Professions Code § 2541.2(a)(1) The expiration date of a contact lens prescription shall not be less than one year and shall not exceed two years from the date of issuance, unless the patient’s history or current circumstances establish a reasonable probability of changes in the patient’s vision of sufficient magnitude to necessitate reexamination earlier than one year, or the presence or probability of visual abnormalities related to ocular or systemic disease indicate the need for reexamination of the patient earlier than one year. If the expiration date of a prescription is less than one year, the health-related reasons for the limitation shall be documented in the patient’s medical record. In no circumstances shall the prescription expiration date be less than the period of time recommended by the prescriber for reexamination of the patient.
(2)CA Business and Professions Code § 2541.2(a)(2) For the purposes of this subdivision, the date of issuance is the date the patient receives a copy of the prescription.
(3)CA Business and Professions Code § 2541.2(a)(3) Establishing an expiration date that is not consistent with this section shall be regarded as unprofessional conduct by the board that issued the prescriber’s license to practice.
(b)CA Business and Professions Code § 2541.2(b) Upon completion of the eye examination or, if applicable, the contact lens fitting process for a patient as described in subdivision (f), a prescriber or a registered dispensing optician shall provide the patient with a copy of the patient’s contact lens prescription signed by the prescriber, unless the prescription meets the standards set forth in subdivision (c).
(c)CA Business and Professions Code § 2541.2(c) A prescriber shall retain professional discretion regarding the release of the contact lens prescription for patients who wear the following types of contact lenses:
(1)CA Business and Professions Code § 2541.2(c)(1) Rigid gas permeables.
(2)CA Business and Professions Code § 2541.2(c)(2) Bitoric gas permeables.
(3)CA Business and Professions Code § 2541.2(c)(3) Bifocal gas permeables.
(4)CA Business and Professions Code § 2541.2(c)(4) Keratoconus lenses.
(5)CA Business and Professions Code § 2541.2(c)(5) Custom designed lenses that are manufactured for an individual patient and are not mass produced.
(d)CA Business and Professions Code § 2541.2(d) If a patient places an order with a contact lens seller other than a physician and surgeon, an optometrist, or a registered dispensing optician, the prescriber or his or her authorized agent shall, upon request of the contact lens seller and in the absence of the actual prescription, attempt to promptly confirm the information contained in the prescription through direct communication with the contact lens seller.
(e)CA Business and Professions Code § 2541.2(e) The contact lens prescription shall include sufficient information for the complete and accurate filling of a prescription, including, but not limited to, the power, the material or manufacturer or both, the base curve or appropriate designation, the diameter when appropriate, and an appropriate expiration date. When a provider prescribes a private label contact lens for a patient, the prescription shall include the name of the manufacturer, the trade name of the private label brand, and, if applicable, the trade name of the equivalent national brand.
(f)CA Business and Professions Code § 2541.2(f) The contact lens fitting process begins after the initial comprehensive eye examination, and includes an examination to determine the lens specifications, an initial evaluation of the fit of the lens on the patient’s eye, except in the case of a renewal prescription of an established patient, and followup examinations that are medically necessary, and ends when the prescriber or registered dispensing optician determines that an appropriate fit has been achieved, or in the case of a prescription renewal for an established patient, the prescriber determines that there is no change in the prescription.
(g)CA Business and Professions Code § 2541.2(g) The payment of professional fees for the eye exam, fitting, and evaluation may be required prior to the release of the prescription, but only if the prescriber would have required immediate payment from the patient had the examination revealed that no ophthalmic devices were required. A prescriber or registered dispensing optician shall not charge the patient any fee as a condition to releasing the prescription to the patient. A prescriber may charge an additional fee for verifying ophthalmic devices dispensed by another seller if the additional fee is imposed at the time the verification is performed.
(h)CA Business and Professions Code § 2541.2(h) A prescriber shall not condition the availability of an eye examination, a contact lens fitting, or the release of a contact lens prescription on a requirement that the patient agree to purchase contact lenses from that prescriber. A registered dispensing optician shall not condition the availability of a contact lens fitting on a requirement that the patient agrees to purchase contact lenses from that registered dispensing optician.
(i)CA Business and Professions Code § 2541.2(i) A prescriber or a registered dispensing optician shall not place on the contact lens prescription, deliver to the patient, or require a patient to sign a form or notice waiving or disclaiming the liability or responsibility of the prescriber or registered dispensing optician for the accuracy of the ophthalmic devices dispensed by another seller. This prohibition against waivers and disclaimers shall not impose liability on a prescriber or registered dispensing optician for the ophthalmic devices dispensed by another seller pursuant to the prescriber’s prescription.
(j)CA Business and Professions Code § 2541.2(j) The willful failure or refusal of a prescriber to comply with the provisions of this section shall constitute grounds for professional discipline, including, but not limited to, the imposition of a fine or the suspension or revocation of the prescriber’s license. The Medical Board of California, the Osteopathic Medical Board of California, and the California State Board of Optometry shall adopt regulations, to implement this subdivision, including, but not limited to, standards for processing complaints each receives regarding this subdivision.
(k)CA Business and Professions Code § 2541.2(k) For the purposes of this section, “prescriber” means a physician and surgeon or an optometrist.
(l)CA Business and Professions Code § 2541.2(l) Nothing in this section shall be construed to expand the scope of practice of a registered dispensing optician as defined in Sections 2542, 2543, and Chapter 5.5 (commencing with Section 2550).

Section § 2541.3

Explanation

This law sets mandatory quality standards for prescription eyewear, like lenses and contact lenses, based on the American National Standards Institute's guidelines. The State Department of Public Health, alongside the California State Board of Optometry and the Medical Board of California, is responsible for creating or updating these rules. Businesses and professionals involved in selling or making prescription eyewear must meet these standards, or they can face legal consequences, including misdemeanors or disciplinary actions by relevant boards. Additionally, the quality of any prescription eyewear can be tested by these boards to ensure compliance with standards, potentially using other facilities for testing if needed.

(a)CA Business and Professions Code § 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)CA Business and Professions Code § 2541.3(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)CA Business and Professions Code § 2541.3(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)CA Business and Professions Code § 2541.3(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)CA Business and Professions Code § 2541.3(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.

Section § 2541.6

Explanation

This law says state funds can't be used to buy eye-care devices if they don't meet certain safety or quality standards set by health or medical boards in California.

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.

Section § 2542

Explanation

If you're a registered dispensing optician in California, you can only provide contact lenses to someone if you have a valid prescription from a doctor or optometrist. You have to follow their instructions and ensure that the prescription specifically mentions contact lenses. You can't decide to change the type of lenses or how they should be worn if it goes against what's in the prescription.

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.

Section § 2543

Explanation

This section of the law restricts who can sell or give out prescription eyeglasses and contact lenses in California to only certain licensed medical professionals, such as physicians, optometrists, and opticians. It also states that it is misleading and against the law for these professionals or anyone else to advertise or suggest that contact lenses can be bought without a valid prescription or an eye exam.

(a)CA Business and Professions Code § 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)CA Business and Professions Code § 2543(b) It shall be considered a deceptive marketing practice for:
(1)CA Business and Professions Code § 2543(b)(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)CA Business and Professions Code § 2543(b)(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).

Section § 2544

Explanation

This law allows an assistant who works under the supervision of an optometrist or ophthalmologist to perform various tasks related to eye care. These tasks include fitting prescription lenses, preparing patients for exams, collecting patient information, conducting simple eye tests, and operating equipment used for eye exams. However, they must have documented training and follow strict guidelines, especially when performing subjective refraction procedures. Importantly, assistants cannot prescribe glasses or contacts. The setting where these activities happen can be any facility licensed by health or social services departments. Additionally, corporations cannot perform these activities unless expressly authorized.

(a)CA Business and Professions Code § 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)CA Business and Professions Code § 2544(a)(1) Prepare patients for examination.
(2)CA Business and Professions Code § 2544(a)(2) Collect preliminary patient data, including taking a patient history.
(3)CA Business and Professions Code § 2544(a)(3) Perform simple noninvasive testing of visual acuity, pupils, and ocular motility.
(4)CA Business and Professions Code § 2544(a)(4) Perform automated visual field testing.
(5)CA Business and Professions Code § 2544(a)(5) Perform ophthalmic photography and digital imaging.
(6)CA Business and Professions Code § 2544(a)(6) Perform tonometry.
(7)CA Business and Professions Code § 2544(a)(7) Perform lensometry.
(8)CA Business and Professions Code § 2544(a)(8) Perform nonsubjective auto refraction.
(9)CA Business and Professions Code § 2544(a)(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)CA Business and Professions Code § 2544(a)(9)(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)CA Business and Professions Code § 2544(a)(9)(B) Any preliminary subjective refraction procedures shall be performed as follows:
(i)CA Business and Professions Code § 2544(a)(9)(B)(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)CA Business and Professions Code § 2544(a)(9)(B)(ii) In conjunction with an in-person examination being performed by the supervising physician and surgeon or optometrist.
(iii)CA Business and Professions Code § 2544(a)(9)(B)(iii) With a supervisory ratio of no more than three assistants per supervising ophthalmologist or optometrist during the supervisor’s work shift.
(C)CA Business and Professions Code § 2544(a)(9)(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)CA Business and Professions Code § 2544(a)(9)(D) An assistant may not prescribe glasses or contact lenses, and nothing in this section shall be interpreted as authorizing those activities.
(10)CA Business and Professions Code § 2544(a)(10) Administer cycloplegics, mydriatics, and topical anesthetics that are not controlled substances, for ophthalmic purposes.
(11)CA Business and Professions Code § 2544(a)(11) Perform pachymetry, keratometry, A scan and B scan ultrasound testing, and electrodiagnostic testing.
(b)CA Business and Professions Code § 2544(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)CA Business and Professions Code § 2544(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.

Section § 2545

Explanation

This law allows the courts to stop someone from doing something illegal in the field of optometry or medicine before it happens. Several authorities, like the California State Board of Optometry and the Medical Board, can ask the court to intervene. If someone breaks the rules laid out in this law, they can be fined between $250 and $35,000 for each violation. Money collected from these fines goes back to the boards that are responsible for overseeing these professions. These boards must create rules for handling violations, considering factors like how serious the offense is and past behavior. The process for dealing with these violations follows specific legal procedures.

(a)CA Business and Professions Code § 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)Copy CA Business and Professions Code § 2545(b)
(1)Copy CA Business and Professions Code § 2545(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)CA Business and Professions Code § 2545(b)(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)CA Business and Professions Code § 2545(b)(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.