Chapter 5.4Prescription Lenses and Ophthalmic and Optometric Assistants
Section § 2540
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.
Section § 2541
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.
Section § 2541.1
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.
Section § 2541.2
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.
Section § 2541.3
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.
Section § 2541.6
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.
Section § 2542
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.
Section § 2543
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.
Section § 2544
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.
Section § 2545
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.