Section § 3010.1

Explanation

The California State Board of Optometry's top concern is keeping the public safe when it comes to giving out, regulating, and disciplining optometry licenses. If keeping the public safe ever conflicts with other goals, the public's safety must come first.

Protection of the public shall be the highest priority for the California State Board of Optometry in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 3010.5

Explanation

The California State Board of Optometry, part of the Department of Consumer Affairs, is responsible for enforcing optometry laws. It has 11 members, including five from the public and one who is a registered dispensing optician. Six members are needed for decisions. The board can investigate, discipline, and uphold previous decisions regarding optometry practices. This authority lasts until January 1, 2026, after which the board's future will be reviewed by legislative committees.

(a)CA Business & Professions Code § 3010.5(a) There is in the Department of Consumer Affairs a California State Board of Optometry in which the enforcement of this chapter is vested. The board consists of 11 members, five of whom shall be public members and one of the nonpublic members shall be an individual registered as a dispensing optician, spectacle lens dispenser, or contact lens dispenser. The registered dispensing member shall be registered pursuant to Chapter 5.5 (commencing with Section 2550) and in good standing with the board.
Six members of the board shall constitute a quorum.
(b)CA Business & Professions Code § 3010.5(b) The board shall, with respect to conducting investigations, inquiries, and disciplinary actions and proceedings, have the authority previously vested in the board as created pursuant to former Section 3010. The board may enforce any disciplinary actions undertaken by that board.
(c)CA Business & Professions Code § 3010.5(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 3011

Explanation

This section outlines who can be a member of the optometry board. Most members must be registered optometrists practicing in California or part of an optometry school faculty. Public members can’t be licensed optometrists or part of any board related to optometry, nor can they have any financial interest in optical businesses. A person can't serve more than two consecutive terms. No more than two faculty members can serve on the board at one time, and faculty members can't act as public members. Also, changes to these rules apply to appointments made from January 1, 2016, onward.

(a)CA Business & Professions Code § 3011(a) Members of the board, except the public members and the registered dispensing member, shall be appointed only from persons who are registered optometrists of the State of California and actually engaged in the practice of optometry at the time of appointment or who are members of the faculty of a school of optometry. The public members shall not be a licentiate of the board or of any other board under this division or of any board referred to in Sections 1000 and 3600.
No person except the registered dispensing member, including the public members, shall be eligible to membership on the board who is a stockholder in or owner of or a member of the board of trustees of any school of optometry or who shall be financially interested, directly or indirectly, in any concern manufacturing or dealing in optical supplies at wholesale.
No person shall serve as a member of the board for more than two consecutive terms.
A member of the faculty of a school of optometry may be appointed to the board; however, no more than two faculty members of schools of optometry may be on the board at any one time. Faculty members of the board shall not serve as public members.
(b)CA Business & Professions Code § 3011(b) The amendments to this section by the act adding this subdivision shall apply to appointments made on or after January 1, 2016.

Section § 3013

Explanation

This section describes how board members are appointed, their terms, and how vacancies are filled. Board members serve for four-year terms, but some initial appointments have different term lengths. The Governor appoints several members, and additional members are appointed by the Senate Committee on Rules and the Speaker of the Assembly. Specific provisions govern appointments made after January 1, 2003, and January 1, 2016, including the replacement of certain members with a registered dispensing optician, spectacle lens dispenser, or contact lens dispenser.

(a)CA Business & Professions Code § 3013(a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs.
(b)CA Business & Professions Code § 3013(b) Vacancies occurring shall be filled by appointment for the unexpired term.
(c)CA Business & Professions Code § 3013(c) The Governor shall appoint three of the public members, five members qualified as provided in Section 3011, and the registered dispensing member as provided in Section 3010.5. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(d)CA Business & Professions Code § 3013(d) No board member serving between January 1, 2000, and June 1, 2002, inclusive, shall be eligible for reappointment.
(e)CA Business & Professions Code § 3013(e) For initial appointments made on or after January 1, 2003, one of the public members appointed by the Governor and two of the professional members shall serve terms of one year. One of the public members appointed by the Governor and two of the professional members shall serve terms of three years. The remaining public member appointed by the Governor and the remaining two professional members shall serve terms of four years. The public members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall each serve for a term of four years.
(f)CA Business & Professions Code § 3013(f) The initial appointment of a registered dispensing optician, spectacle lens dispenser, or contact lens dispenser member shall replace the optometrist member whose term expired on June 1, 2015.
(g)CA Business & Professions Code § 3013(g) The amendments to this section by the act adding this subdivision shall apply to appointments made on or after January 1, 2016.

Section § 3014

Explanation

This law section states that the board must choose a president, a vice president, and a secretary from among its members. These officers will serve for one year or until new officers are elected and qualified to take over.

The board shall elect from its membership a president, a vice president, and a secretary who shall hold office for one year or until the election and qualification of a successor.

Section § 3014.6

Explanation

The board can choose someone to be an executive officer who is not part of the usual government employment system. This officer will have the powers and responsibilities given by the board. However, this rule is only valid until January 1, 2026, after which it will no longer be in effect.

(a)CA Business & Professions Code § 3014.6(a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
(b)CA Business & Professions Code § 3014.6(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 3016

Explanation

Members of the board are entitled to daily payments and reimbursement for expenses under Section 103.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Section § 3017

Explanation

This law states that the board must have regular meetings four times a year, once every three months. Additionally, special meetings can be called if most board members ask for one, or if the president decides to call one.

The board shall hold regular meetings every calendar quarter.
Special meetings shall be held upon request of a majority of the members of the board or upon the call of the president.

Section § 3018

Explanation

The board is required to maintain detailed records of all its professionals who hold licenses, as well as its actions and meetings.

The board shall keep an accurate record of all of its licensees, proceedings, and meetings.

Section § 3019

Explanation
This law requires the board to maintain records of any legal actions taken against violators of the rules in this chapter, as well as records of all license and exam applications.
The board shall keep a record of all prosecutions for violations of this chapter and of all applications for licensure and examination.

Section § 3020

Explanation

This law establishes a committee under the California State Board of Optometry to oversee the practice of dispensing opticians, spectacle lens dispensers, and contact lens dispensers. The committee has five members, including opticians and public representatives. It's tasked with advising on registration standards, reviewing disciplinary guidelines, and suggesting regulation changes. They meet at least twice a year, and their recommendations on practice changes must be decided on by the board within 90 days. The appointment of committee members involves both the board and the Governor, with members serving four-year terms but not exceeding two consecutive terms.

(a)CA Business & Professions Code § 3020(a) There shall be established under the California State Board of Optometry a dispensing optician committee to advise and make recommendations to the board regarding the regulation of dispensing opticians, spectacle lens dispensers, and contact lens dispensers, registered pursuant to Chapter 5.5 (commencing with Section 2550). The committee shall consist of five members, one of whom shall be a registered dispensing optician registered pursuant to Chapter 5.5 (commencing with Section 2550), one of whom shall be a spectacle lens dispenser or contact lens dispenser registered pursuant to Chapter 5.5 (commencing with Section 2550), two of whom shall be public members, and one of whom shall be a member of the board. Initial appointments to the committee shall be made by the board. The board shall stagger the terms of the initial members appointed. The filling of vacancies on the committee shall be made by the board upon recommendations by the committee.
(b)CA Business & Professions Code § 3020(b) The committee shall be responsible for:
(1)CA Business & Professions Code § 3020(b)(1) Recommending registration standards and criteria for the registration of dispensing opticians, nonresident contact lens sellers, spectacle lens dispensers, and contact lens dispensers.
(2)CA Business & Professions Code § 3020(b)(2) Reviewing of the disciplinary guidelines relating to registered dispensing opticians, nonresident contact lens sellers, spectacle lens dispensers, and contact lens dispensers.
(3)CA Business & Professions Code § 3020(b)(3) Recommending to the board changes or additions to regulations adopted pursuant to Chapter 5.5 (commencing with Section 2550).
(4)CA Business & Professions Code § 3020(b)(4) Carrying out and implementing all responsibilities and duties imposed upon it pursuant to this chapter or as delegated to it by the board.
(c)CA Business & Professions Code § 3020(c) The committee shall meet at least twice a year and as needed in order to conduct its business.
(d)CA Business & Professions Code § 3020(d) Recommendations by the committee regarding scope of practice or regulatory changes or additions shall be approved, modified, or rejected by the board within 90 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the committee may request that the board provide its reasons in writing for rejecting or significantly modifying the recommendation, which shall be provided by the board within 30 days of the request.
(e)CA Business & Professions Code § 3020(e) After the initial appointments by the board pursuant to subdivision (a), the Governor shall appoint the registered dispensing optician members and the public members. The committee shall submit a recommendation to the board regarding which board member should be appointed to serve on the committee, and the board shall appoint the member to serve. Committee members shall serve a term of four years except for the initial staggered terms. A member may be reappointed, but no person shall serve as a member of the committee for more than two consecutive terms.

Section § 3021

Explanation

This law gives the California State Board of Optometry the power to make rules related to certain medical practices. Any existing regulations previously adopted by the Medical Board of California will still be valid, but any reference to the old board should now be understood to mean the California State Board of Optometry, unless it obviously applies to something else.

The board shall have rulemaking authority with respect to Chapter 5.5 (commencing with Section 2550) in accordance with Section 3025. Regulations adopted pursuant to Chapter 5.5 (commencing with Section 2550) by the Medical Board of California prior to the effective date of this section shall continue to be valid, except that any reference to the board or division contained therein shall be construed to mean the California State Board of Optometry, unless the context determines otherwise.

Section § 3023

Explanation

This law states that a specific board is responsible for accrediting schools, colleges, and universities, whether located inside or outside California, if they offer adequate educational programs to train optometrists.

For the purposes of this chapter, the board shall accredit schools, colleges, and universities in or out of this state providing optometric education, that it finds giving a sufficient program of study for the preparation of optometrists.

Section § 3023.1

Explanation

This law transfers the responsibility for programs related to nonresident contact lens sellers and various lens dispensing programs from the Medical Board of California to the State Board of Optometry. The change includes the transfer of all duties, powers, and responsibilities. Additionally, the State Board of Optometry will take control over all records, equipment, and other materials previously managed by the Medical Board of California for these programs.

(a)CA Business & Professions Code § 3023.1(a) The nonresident contact lens seller program established under Chapter 5.45 (commencing with Section 2546) and the registered dispensing optician, spectacle lens dispensing, and contact lens dispensing programs established under Chapter 5.5 (commencing with Section 2550) are hereby transferred from the jurisdiction of the Medical Board of California and placed under the jurisdiction of the State Board of Optometry.
(b)CA Business & Professions Code § 3023.1(b) All the duties, powers, purposes, responsibilities, and jurisdictions of the Medical Board of California under Chapter 5.45 (commencing with Section 2546) and Chapter 5.5 (commencing with Section 2550) shall be transferred to the State Board of Optometry.
(c)CA Business & Professions Code § 3023.1(c) For the performance of the duties and the exercise of the powers vested in the board under Chapter 5.45 (commencing with Section 2546) and Chapter 5.5 (commencing with Section 2550), the State Board of Optometry shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the Medical Board of California.

Section § 3024

Explanation

The board can decide whether to give or take away an optometry license. They can also hold hearings and swear in people to give testimony about these decisions.

The board may grant or refuse to grant an optometrist license as provided in this chapter and may revoke or suspend the license of any optometrist for any of the causes specified in this chapter.
It shall have the power to administer oaths and to take testimony in the exercise of these functions.

Section § 3025

Explanation

This law allows a board to create rules about how it operates, how people apply and are tested for an optometry license, and how the profession is practiced. These rules must fit within the existing laws and can be changed by following a specific legal process.

The board may make and promulgate rules and regulations governing procedure of the board, the admission of applicants for examination for a license as an optometrist, and the practice of optometry. All of those rules and regulations shall be in accordance with and not inconsistent with the provisions of this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act.

Section § 3025.1

Explanation
This law allows the board to create rules that make sure optometrists are well-educated enough to protect public health and safety. They do this by setting the educational standards needed before someone can take the licensure exams.
The board may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately protect the public health and safety by establishing educational requirements for admission to the examinations for licensure.

Section § 3025.2

Explanation

This law allows the board overseeing optometrists to create rules to make sure these professionals are well-trained to protect public health and safety. These rules can cover how schools that teach optometry get accredited. The board can also choose to follow guidance from respected national accrediting agencies when setting these standards.

The board may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately protect the public health and safety by governing its accreditation of schools, colleges, and universities that provide optometric education. In promulgating these rules and regulations, or in extending accreditation, the board may, to the extent that it deems consistent with the purposes of this chapter, recognize, accept, or adopt the advice, recommendation, accreditation, or approval of a nationally recognized accrediting agency or organization.

Section § 3025.5

Explanation

This law allows the board to create rules about the basic standards needed for optometry services and office conditions. These rules ensure that people getting eye care services are kept safe and healthy.

The board may adopt regulations prescribing minimum standards governing the optometric services offered or performed, the equipment, or the sanitary conditions, in all offices for the practice of optometry, which are necessary to protect the health and safety of persons availing themselves of the services offered or performed in such offices.

Section § 3025.6

Explanation

This law allows the board to create rules about how much training and supervision assistants need.

The board may adopt regulations clarifying the level of training and the level of supervision of assistants.

Section § 3025.7

Explanation

This law states that, unless specified in other sections (3102 and 3103), a board cannot create or change rules about setting prices or how commodities are advertised, according to Section 651.3.

Except as provided in Sections 3102 and 3103, nothing contained in Section 651.3 shall be construed as authorizing the board to adopt, amend, or repeal rules and regulations relating to price fixing or advertising of commodities.

Section § 3026

Explanation

This law allows the board to have an official seal and set up permanent office locations.

The board may adopt and use a common seal and establish a permanent office or offices.

Section § 3027

Explanation

This section states that a board must hire an executive officer and other help as needed to implement the rules in this chapter. The executive officer will carry out tasks assigned by the board and report back to them. The executive officer can't be a board member. The board, with the Finance Director's approval, decides the executive officer's salary. The executive officer can be reimbursed for travel and other necessary expenses while doing their job.

The board shall employ an executive officer and other necessary assistance in the carrying out of the provisions of this chapter.
The executive officer shall perform the duties delegated by the board and shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board. With the approval of the Director of Finance, the board shall fix the salary of the executive officer. The executive officer shall be entitled to traveling and other necessary expenses in the performance of the executive officer’s duties.

Section § 3028

Explanation

This law states that the Attorney General will serve as the lawyer for the board, and the board is responsible for paying for these legal services.

The Attorney General shall act as the legal counsel for the board and his or her services shall be a charge against it.

Section § 3030

Explanation

The board in charge of optometry can inspect places where optometry services, such as eye exams and treatments, or services related to contact lenses and glasses, are being offered or thought to be offered. However, this authority does not extend to medical practices.

(a)CA Business & Professions Code § 3030(a) The board, or its designated agent, may at any time inspect either of the following:
(1)CA Business & Professions Code § 3030(a)(1) Any premise in which optometric services, as defined in Section 3041, are provided or reasonably suspected of being provided.
(2)CA Business & Professions Code § 3030(a)(2) Any premise in which the services of dispensing, adjusting, or fitting of contact lenses or spectacle lenses are provided or reasonably suspected of being provided.
(b)CA Business & Professions Code § 3030(b) Nothing in this section shall be construed to grant the board jurisdiction over the practice of medicine.