Section § 3090

Explanation
This law gives the board the authority to take action against people who violate optometry regulations or this chapter. It applies to all licensed optometrists, including those with special license statuses like retired or temporary. The board can investigate complaints from various sources to ensure compliance.
Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter or any of the regulations adopted by the board. The board shall enforce and administer this article as to licenseholders, including those who hold a retired license, a license with a retired volunteer designation, an inactive license issued pursuant to Article 9 (commencing with Section 700) of Chapter 1, or a temporary license, and the board shall have all the powers granted in this chapter for these purposes, including, but not limited to, investigating complaints from the public, other licensees, health care facilities, other licensing agencies, or any other source suggesting that an optometrist may be guilty of violating this chapter or any of the regulations adopted by the board.

Section § 3090.5

Explanation

This law states that the board can take away a professional's license if it's determined in a legal process that the licensee has either engaged in sexual misconduct with a patient or has been convicted of certain crimes. A detailed process is followed to reach such decisions, ensuring fairness and thorough examination.

The board may revoke a license issued to a licensee upon a decision, made in a proceeding as provided in Section 3092, that contains a finding of fact of either of the following:
(a)CA Business & Professions Code § 3090.5(a) The licensee has engaged in an act of sexual abuse, misconduct, or relations with a patient, as described in paragraph (2) of subdivision (m) of Section 3110.
(b)CA Business & Professions Code § 3090.5(b) The licensee has been convicted of a crime described in paragraph (3) of subdivision (m) of Section 3110.

Section § 3091

Explanation

This law allows the board to deny a license to an optometrist who has behaved improperly. Alternatively, the board can issue a probationary license with specific conditions like working under supervision, limiting drug prescription rights, requiring medical or psychiatric treatment, participating in rehab, or completing further training. The board can also impose restrictions on practice types or demand abstinence from substances. A licensee can ask the board to change or end these probation terms, but only after a year from when the probation started.

(a)CA Business & Professions Code § 3091(a) The board may deny an optometrist license to any applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license; or, the board in its sole discretion, may issue a probationary license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation:
(1)CA Business & Professions Code § 3091(a)(1) Practice limited to a supervised, structured environment in which the licensee’s activities shall be supervised by another optometrist licensed by the board.
(2)CA Business & Professions Code § 3091(a)(2) Total or partial restrictions on drug prescribing privileges for controlled substances.
(3)CA Business & Professions Code § 3091(a)(3) Continuing medical or psychiatric treatment.
(4)CA Business & Professions Code § 3091(a)(4) Ongoing participation in a specified rehabilitation program.
(5)CA Business & Professions Code § 3091(a)(5) Enrollment and successful completion of a clinical training program.
(6)CA Business & Professions Code § 3091(a)(6) Abstention from the use of alcohol or drugs.
(7)CA Business & Professions Code § 3091(a)(7) Restrictions against engaging in certain types of optometry practice.
(8)CA Business & Professions Code § 3091(a)(8) Compliance with all provisions of this chapter.
(9)CA Business & Professions Code § 3091(a)(9) Any other terms and conditions deemed appropriate by the board.
(b)CA Business & Professions Code § 3091(b) The board may modify or terminate the terms and conditions imposed on the probationary license if the licensee petitions for modification or termination of terms and conditions of probation. A licensee shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary license.

Section § 3092

Explanation

This law states that any actions taken against someone holding a license, or someone applying for a license in relation to this chapter, due to rule violations or unethical behavior, must follow the rules detailed in the Administrative Procedure Act. The Attorney General's office is responsible for handling these cases, unless stated otherwise in this chapter.

All proceedings against a licensee for any violation of this chapter or any of the regulations adopted by the board, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in this chapter, and shall be prosecuted by the Attorney General’s office.

Section § 3093

Explanation

If an optometrist's license is revoked or suspended, the board can make the person take the usual exam for new optometrists before their license is reinstated.

Before setting aside the revocation or suspension of any optometrist license, the board may require the applicant to pass the regular examination given for applicants for an optometrist license.

Section § 3094

Explanation

This law allows the county court to stop someone from doing something that breaks the rules of this chapter. If someone's about to break these rules or already has, the court can step in with an injunction, which is like a legal order to stop. This can happen if the board, the Attorney General, the district attorney, or ten or more licensed people under this chapter ask for it. The process for these actions follows specific procedures outlined elsewhere, starting with Section 525 in another legal code.

In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices that 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 that conduct on application of the board, the Attorney General, the district attorney of the county, or on application of 10 or more persons holding licenses issued under this chapter.
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.

Section § 3095

Explanation
This law allows a board to create a process for giving citations and charging fines when necessary.
In accordance with Section 125.9, the board may establish a system for the issuance of citations, and the assessment of administrative fines, as deemed appropriate by the board.

Section § 3096

Explanation

If an optometrist in California is suspected of not being able to practice safely, the Board of Optometry can order them to take a test to check their professional skills. This can happen if there's evidence like a big mistake, bad prescribing habits, serious negligence, or ongoing poor care. The results from this test can be used as proof in future disciplinary actions.

(a)CA Business & Professions Code § 3096(a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by the Board of Optometry, there is reasonable cause to believe that the licensee is unable to practice optometry with reasonable skill and safety to patients. Reasonable cause shall be demonstrated by one or more of the following:
(1)CA Business & Professions Code § 3096(a)(1) A single incident of gross negligence.
(2)CA Business & Professions Code § 3096(a)(2) A pattern of inappropriate prescribing.
(3)CA Business & Professions Code § 3096(a)(3) An act of incompetence or negligence causing death or serious bodily injury.
(4)CA Business & Professions Code § 3096(a)(4) A pattern of substandard care.
(b)CA Business & Professions Code § 3096(b) The results of a competency examination shall be admissible as direct evidence and may be considered relevant in any subsequent disciplinary or interim proceeding against the licensee taking the examination, and, assuming those results are determined to be relevant, shall be considered together with other relevant evidence in making a final determination.

Section § 3097

Explanation

If you have a license to practice as an optometrist, you can't send someone to knock on doors to drum up business. Doing this could get your license taken away or suspended.

The sending of a solicitor from house to house or the soliciting from house to house by the holder of an optometrist license constitutes a cause to revoke or suspend his or her license.

Section § 3098

Explanation

This law says that if an optometrist uses "Doctor" or "Dr." without also saying they're an optometrist (by adding "optometrist," "Opt. D.," or "O.D." after their name), their license can be suspended or taken away unless they have the right diploma.

When the holder uses the title of “Doctor” or “Dr.” as a prefix to his or her name, without using the word “optometrist” as a suffix to his or her name or in connection with it, or, without holding a diploma from an accredited school of optometry, the letters “Opt. D.” or “O.D.” as a suffix to his or her name, it constitutes a cause to revoke or suspend his or her optometrist license.

Section § 3099

Explanation

Optometrists are not allowed to advertise themselves as specialists in eye diseases or the treatment of eye diseases.

No optometrist shall advertise or otherwise hold himself or herself out to be a specialist in eye disease and the treatment thereof.

Section § 3100

Explanation

If someone with an optometry license claims to have special optometry knowledge that they don't actually have, their license can be suspended or revoked.

The holding out as having a special knowledge of optometry, as defined in this chapter, by the holder of a license, constitutes a cause to revoke or suspend his or her license.

Section § 3101

Explanation

This law makes it illegal for anyone to claim to be an optometrist, through signs or other advertisements, unless they have a current and valid license from the board.

It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be an optometrist without having at the time of so doing a valid unrevoked license from the board.

Section § 3102

Explanation

This law says it's illegal to advertise optometry services as free if you actually have to pay for something else to get them at no cost, unless the advertisement clearly explains this condition up front.

It is unlawful to advertise as being free or without cost the furnishing of optometric services where these services are contingent upon payment or other exchange of consideration for goods or other services offered by the provider, unless that contingency is fully disclosed in the same advertisement.

Section § 3103

Explanation

This law makes it illegal for ads about selling goggles, sunglasses, colored glasses, or eye protection to claim or suggest they're offering eye care services like optometry. However, licensed optometrists are allowed to promote their services according to the law.

It is unlawful to include in any advertisement relating to the sale or disposition of goggles, sunglasses, colored glasses, or occupational eye-protective devices, any words or figures that advertise or have a tendency to advertise the practice of optometry.
This section does not prohibit the advertising of the practice of optometry by a licensed optometrist in the manner permitted by law.

Section § 3104

Explanation

Hiring people to find or direct clients to a business is considered unprofessional behavior.

The employing of what are known as “cappers” or “steerers” to obtain business constitutes unprofessional conduct.

Section § 3105

Explanation

In California, if someone alters or creates fake medical records with the intention to deceive, it's considered unprofessional behavior. The California State Board of Optometry can also fine the violator $500 on top of other possible penalties.

Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct. In addition to any other disciplinary action, the California State Board of Optometry may impose a civil penalty of five hundred dollars ($500) for a violation of this section.

Section § 3106

Explanation

This law says that if someone knowingly creates or signs any document related to the practice of optometry that lies about facts, it's considered unprofessional behavior.

Knowingly making or signing any license, certificate, or other document directly or indirectly related to the practice of optometry that falsely represents the existence or nonexistence of a state of facts constitutes unprofessional conduct.

Section § 3107

Explanation
This law makes it illegal to use or try to use any professional license or certificate that you got through buying, fake means, or by accident. If you have one of these faulty licenses, you can't use it as if it's real for professional purposes.
It is unlawful to use or attempt to use any license or certificate issued by the board that has been purchased, fraudulently issued, counterfeited, or issued by mistake, as a valid license or certificate.

Section § 3108

Explanation

If someone has a contagious or infectious disease, their professional license can be temporarily suspended while they're sick.

When the holder is suffering from a contagious or infectious disease, it constitutes a cause to suspend his or her license during the period of continuance of that disease.

Section § 3109

Explanation

This section says that optometrists in California cannot accept jobs to practice optometry from people or companies without a valid optometry license, as it's considered unprofessional. Optometrists also can't form or join corporations to practice optometry unless allowed by certain rules. However, they can still see individual patients and can be employed by licensed physicians or certain healthcare plans.

Directly or indirectly accepting employment to practice optometry from any person not having a valid, unrevoked license as an optometrist or from any company or corporation constitutes unprofessional conduct. Except as provided in this chapter, no optometrist may, singly or jointly with others, be incorporated or become incorporated when the purpose or a purpose of the corporation is to practice optometry or to conduct the practice of optometry.
The terms “accepting employment to practice optometry” as used in this section shall not be construed so as to prevent a licensed optometrist from practicing optometry upon an individual patient.
Notwithstanding the provisions of this section or the provisions of any other law, a licensed optometrist may be employed to practice optometry by a physician and surgeon who holds a license under this division or by a health care service plan pursuant to the provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.

Section § 3110

Explanation

This section of the Business and Professions Code outlines the types of unprofessional conduct that can lead to disciplinary action against optometrists. Unprofessional actions include breaking laws or rules, gross negligence, incompetence, fraud, dishonesty, substance abuse, and sexual misconduct. It also covers issues like advertising violations, license fraud, and operating without a valid license. Further violations include failing to maintain patient records, improperly prescribing medications, and not referring patients to medical specialists when needed. The law emphasizes the importance of ethical practice and patient safety in the field of optometry.

The board may take action against any licensee who is charged with unprofessional conduct, and may deny an application for a license if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
(a)CA Business & Professions Code § 3110(a) Violating or attempting to violate, directly or indirectly assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or any of the rules and regulations adopted by the board pursuant to this chapter.
(b)CA Business & Professions Code § 3110(b) Gross negligence.
(c)CA Business & Professions Code § 3110(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions.
(d)CA Business & Professions Code § 3110(d) Incompetence.
(e)CA Business & Professions Code § 3110(e) The commission of fraud, misrepresentation, or any act involving dishonesty or corruption, that is substantially related to the qualifications, functions, or duties of an optometrist.
(f)CA Business & Professions Code § 3110(f) Any action or conduct that would have warranted the denial of a license.
(g)CA Business & Professions Code § 3110(g) The use of advertising relating to optometry that violates Section 651 or 17500.
(h)CA Business & Professions Code § 3110(h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license by another state or territory of the United States, by any other governmental agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.
(i)CA Business & Professions Code § 3110(i) Procuring his or her license by fraud, misrepresentation, or mistake.
(j)CA Business & Professions Code § 3110(j) Making or giving any false statement or information in connection with the application for issuance of a license.
(k)CA Business & Professions Code § 3110(k) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of an optometrist, in which event the record of the conviction shall be conclusive evidence thereof.
(l)CA Business & Professions Code § 3110(l) Administering to himself or herself any controlled substance or using any of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying for a license or holding a license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof.
(m)Copy CA Business & Professions Code § 3110(m)
(1)Copy CA Business & Professions Code § 3110(m)(1) Committing or soliciting an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an optometrist.
(2)CA Business & Professions Code § 3110(m)(2) Committing any act of sexual abuse, misconduct, or relations with a patient. The commission of and conviction for any act of sexual abuse, sexual misconduct, or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee. This paragraph shall not apply to sexual contact between any person licensed under this chapter and his or her spouse or person in an equivalent domestic relationship when that licensee provides optometry treatment to his or her spouse or person in an equivalent domestic relationship.
(3)CA Business & Professions Code § 3110(m)(3) Conviction of a crime that requires the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A conviction described in this paragraph shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee.
(n)CA Business & Professions Code § 3110(n) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances or dangerous drugs specified in Section 4022, or repeated acts of excessive treatment.
(o)CA Business & Professions Code § 3110(o) Repeated acts of excessive use of diagnostic or therapeutic procedures, or repeated acts of excessive use of diagnostic or treatment facilities.
(p)CA Business & Professions Code § 3110(p) The prescribing, furnishing, or administering of controlled substances or drugs specified in Section 4022, or treatment without a good faith prior examination of the patient and optometric reason.
(q)CA Business & Professions Code § 3110(q) The failure to maintain adequate and accurate records relating to the provision of services to his or her patients.
(r)CA Business & Professions Code § 3110(r) Performing, or holding oneself out as being able to perform, or offering to perform, any professional services beyond the scope of the license authorized by this chapter.
(s)CA Business & Professions Code § 3110(s) The practice of optometry without a valid, unrevoked, unexpired license.
(t)CA Business & Professions Code § 3110(t) The employing, directly or indirectly, of any suspended or unlicensed optometrist to perform any work for which an optometry license is required.
(u)CA Business & Professions Code § 3110(u)  Permitting another person to use the licensee’s optometry license for any purpose.
(v)CA Business & Professions Code § 3110(v) Altering with fraudulent intent a license issued by the board, or using a fraudulently altered license, permit certification or any registration issued by the board.
(w)CA Business & Professions Code § 3110(w) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from optometrist to patient, from patient to patient, or from patient to optometrist. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board may consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California, to encourage appropriate consistency in the implementation of this subdivision.
(x)CA Business & Professions Code § 3110(x) Failure or refusal to comply with a request for the clinical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization, unless the licensee is unable to provide the documents within this time period for good cause.
(y)CA Business & Professions Code § 3110(y) Failure to refer a patient to an appropriate physician and surgeon if an examination of the eyes indicates a substantial likelihood of any pathology that requires the attention of that physician and surgeon.

Section § 3111

Explanation

This law section states that anyone with a license under this chapter is committing unprofessional conduct if they break, try to break, help someone else break, or plan to break the Moscone-Knox Professional Corporation Act or any related regulation. This includes any actions that go against this specific chapter or related rules.

It is unprofessional conduct and a violation of this chapter for a person licensed under this chapter to violate, attempt to violate, assist in the violation of, or conspire to violate the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, or any regulation adopted pursuant to those provisions.

Section § 3112

Explanation

This law states that optometrists in California can't provide services to patients if the patients made their appointments through a company or person that fills prescriptions but isn't registered with the California State Board of Optometry. Additionally, optometrists can't have a landlord-tenant relationship with such unregistered entities.

(a)CA Business & Professions Code § 3112(a) An optometrist shall not knowingly provide optometric services to any patient who scheduled their appointment for optometry services through any individual, corporation, or firm engaged in the business of filling prescriptions that is not properly registered with the California State Board of Optometry as required by Section 2564.90.
(b)CA Business & Professions Code § 3112(b) An optometrist shall not knowingly enter into a lease or other written agreement giving rise to a direct or indirect landlord-tenant relationship with any individual, corporation, or firm engaged in the business of filling prescriptions that is not properly registered with the California State Board of Optometry as required by Section 2564.90.