Registered Dispensing OpticiansGeneral Provisions
Section § 2550
This part of the law provides definitions related to the practice of optometry and eyeglass fitting within California. It explains terms like 'adjusting' and 'fitting,' which involve tailoring optical devices like eyeglasses and contact lenses to fit customers based on prescriptions. The 'Board' refers to the California State Board of Optometry, which oversees registrations. 'Dispensing optician' and similar terms describe individuals and businesses registered to provide optical services. Specific provisions are made for different types of optical dispensers, including those who work with spectacle and contact lenses. The law also defines 'ophthalmic devices' and clarifies the meaning of 'prescription.' Additionally, it allows unregistered individuals to fit and adjust lenses under supervision.
Section § 2550.1
This law says that certain rules don't apply to people working under the guidance of a doctor or an eye doctor in places where eye care is practiced. Basically, if you're helping out in optometry or ophthalmology under a professional's supervision, different regulations won't affect you.
Section § 2552
This law section outlines the application process for a business registration. It requires applicants to verify their application under oath, provide detailed contact information for handling customer queries, and update the board about any changes within 14 days. Additionally, applicants must provide any extra information or proof the board requests. If an application isn’t complete 30 days after being submitted, the board will notify the applicant in writing about what is needed. Once the applicant submits the additional information, the board has 30 days to indicate if more documents are required, using certified, electronic, or registered mail.
Section § 2552.2
If a dispensing optician gets a citation for an order to correct a violation, they need to post this citation at their business location and keep it there until the issue is fixed. They also need to display this information on their website. Additionally, they have to inform any optometrists they have contracts with about the citation within 10 days of receiving it.
Section § 2553
This law says that a registration certificate must always be displayed prominently at your registered business location. You can't transfer the certificate to another location, but you can apply to the board to update the address if the business moves.
Section § 2553.5
This law allows registered dispensing opticians in California to fit and adjust eyeglass lenses and frames, or take facial measurements, in certain locations such as health facilities, business locations, and certified places of business. They cannot perform these services for contact lenses at these locations, however. Additionally, if they provide services at a health facility or business location, they must give patients written information about their business, including contact details for complaints. Opticians are also required to work a certain percentage of their hours at a certified place of business. A 'business location' refers to a place employing more than 25 people, excluding health facilities and certified business places.
Section § 2553.6
This law states that if a physician or surgeon has any ownership interest in a dispensing optician business, any application for registration of that business will be denied. Similarly, if a dispensing optician fills prescriptions from a physician who has such an interest, their certificate can be suspended, revoked, or not renewed. "Proprietary interest" includes any type of ownership or profit-sharing in the business, except for certain publicly traded stocks. This rule is specific to licensed dispensing opticians and doesn't affect how prescription lenses are fitted by assistants.
Section § 2553.7
Under section 2553.7, registrations will expire if not renewed by the end of the second year's equivalent month. You can renew or reactivate registration within three years of its expiration by submitting a board-specified form, paying any due renewal, reactivation, and late fees. If not renewed within three years, the registration is canceled and cannot be renewed.
Section § 2554
If you're in California and visit an eye doctor, they must visibly display information about your rights to receive your eye prescription. You should get your spectacle prescription right after an eye exam. For contact lenses, you'll get it after the exam or fitting process. You can take these prescriptions to any optometrist or registered dispensing optician. The California State Board of Optometry oversees these professionals and handles any complaints. If you have an issue, you can contact them through the details provided, such as their phone number or email.
Section § 2555
This section allows the board to take action such as suspending or revoking certificates, or placing them on probation, if the holder violates certain rules or exhibits incompetence or negligence. This can apply to the certificate holder or their employees. The process for these actions follows specific government procedures.
Section § 2555.1
This law allows the board to suspend or revoke a dispensing optician's certificate if the holder or those with financial interest are convicted of crimes related to their job duties. A guilty plea, or a verdict of guilty, counts as a conviction even if it's followed by plea withdrawal or record dismissal. These actions can be taken after the appeal process is done, or a probation order is issued. The proceedings follow specified government procedures, giving the board specific powers.
Section § 2555.5
This law outlines various reasons the board can take action against an optician, including denying, suspending, or revoking their registration. It lists what counts as unprofessional conduct, such as breaking laws, being grossly negligent, vulnerable to fraud charges, and having past disciplinary actions from other states or entities. Other reasons include practicing beyond one's scope, using drugs or alcohol in a harmful way, engaging in sexual misconduct, failing to keep accurate records, and exposing patients to health risks by not following infection control guidelines. An optician could also face consequences for fraudulently obtaining or using a registration or employing unregistered individuals.
Section § 2556
Section § 2556.1
If an optometrist and a dispensing optician work at the same location, they must report their business relationship to the California State Board of Optometry. This board can inspect their workplace to ensure they follow specific rules, including checking lease agreements between opticians, optometrists, or health plans. Ignoring the inspection or failing to provide requested information might lead to disciplinary action. The board may also share inspection findings with the Department of Managed Health Care.
Section § 2556.2
This section, effective until January 1, 2019, gave certain protections to dispensing opticians against legal action for past violations, except for making or changing lenses without a prescription. After its implementation, dispensing opticians could partner with optometrists already in business, but any new businesses weren't allowed these relationships. Registered opticians employing optometrists had to phase out those positions by 2019. For violations, the California State Board of Optometry could issue fines up to $50,000, considering factors like the severity of the violation and past history. If an optician wanted to contest a fine, they needed to request a hearing within 30 days. Fines collected supported enforcement activities.
Section § 2556.5
If someone pretends to be a licensed dispensing optician or uses any titles implying they are certified without actually holding a valid certificate, they are committing a misdemeanor. This means it's illegal to falsely claim to be a registered optician.
Section § 2557
This law says that licensed optometrists and physicians are not limited by this chapter, but it does not cover those who only fill prescriptions. It also allows the sale of non-prescription items like goggles, sunglasses, and ready-to-wear eyeglasses, as long as they don't change vision.
Section § 2557.1
This law allows the board to suspend or revoke the certificate of a spectacle or contact lens dispenser if they violate any rules, show incompetence, display gross negligence, or conduct similar negligent acts repeatedly. Additionally, a certificate can be taken away if the holder is convicted of a felony. The process for these actions will follow specific procedures outlined in another part of the government code, and the board will have all the necessary authority to carry out these actions.
Section § 2558
If someone breaks the rules in this chapter, they could face a misdemeanor charge. This means they might have to spend between 10 days and a year in jail, pay a fine between $200 and $1,000, or possibly both. Additionally, there's a board that can make, change, or eliminate rules as needed to enforce this chapter, following specific administrative guidelines.
Section § 2558.1
This law section states that a registered dispensing optician can't give out glasses or contact lenses unless the prescription follows the rules outlined in another law (Section 2541.1). They also can't provide glasses after the prescription's expiration date unless specifically allowed under certain conditions from that same section. Breaking these rules isn't considered a misdemeanor crime, but it's seen as unprofessional. An optician can defend their case by proving that the expiration date wasn't set correctly. This law doesn't allow opticians to fill an expired prescription or decide if the expiration date was appropriate.
Section § 2558.2
If you are a registered dispensing optician and you intentionally ignore the rules you need to follow, you can be charged with a misdemeanor, which is a criminal offense.
Section § 2559
If someone is doing, or is about to do, something that violates certain rules in this chapter or another related chapter, a court can step in and order them to stop. The order can be requested by the board, the Attorney General, or the county's district attorney where the action is taking, or will take, place. The legal steps for this process follow specific procedures outlined in another set of legal rules.