Section § 2564.70

Explanation

This section names the law as the “Nonresident Ophthalmic Lens Dispenser Registration Act,” allowing it to be easily referenced in discussions or legal documents.

This act may be cited as the “Nonresident Ophthalmic Lens Dispenser Registration Act.”

Section § 2564.71

Explanation

If you're outside of California and want to send eyewear, like glasses or contacts, to a patient in California, you need to be registered with the California State Board of Optometry. Plus, you can only send glasses or contacts if they're based on a valid prescription.

(a)CA Business & Professions Code § 2564.71(a) A person located outside California shall not ship, mail, furnish, or deliver in any manner, ophthalmic lenses at retail to a patient at a California address unless the person is registered with the California State Board of Optometry.
(b)CA Business & Professions Code § 2564.71(b) With regard to any person subject to registration pursuant to this section, only spectacle lenses and replacement contact lenses provided pursuant to a valid prescription as described in Section 2564.76 may be shipped, mailed, furnished, or delivered directly to a patient.

Section § 2564.73

Explanation
This law allows the board to create, change, or remove rules and regulations needed to implement the article.
The board may adopt, amend, or repeal any rules and regulations that are reasonably necessary to carry out this article.

Section § 2564.74

Explanation

If you want to register as a nonresident ophthalmic lens dispenser in California, you need to fill out a specific form and pay the required fee. This form must include your business name, address, any registration numbers from the board, and specify an agent in California who can receive legal paperwork for you. Additionally, if anything changes, like your business name or address, you need to let the board know in writing within 30 days.

(a)CA Business & Professions Code § 2564.74(a) Application for registration as a nonresident ophthalmic lens dispenser shall be made on forms prescribed by the board, accompanied by the fee prescribed by this article, and shall bear the signature of the individual, or individuals if a copartnership, or the president or secretary if a corporation, and shall contain the name or fictitious or assumed name, if applicable, under which the person proposes to do business, location of the business, registration number issued by the board, if applicable, and the designation of an agent for service of process in California.
(b)CA Business & Professions Code § 2564.74(b) The board shall be notified in writing within 30 days of any change of name or fictitious or assumed name, location of business, corporate officer, or agent of service.

Section § 2564.75

Explanation

This law outlines the requirements for nonresident sellers of ophthalmic lenses to be registered in California. They must be in good standing with their home state's regulations. They need to comply with board requests, keep shipment records for three years, and offer at least six days of customer support weekly via a toll-free number. They must warn patients about potential eye issues with contact lenses and disclose any membership or shipping fees in their ads. Nonresident sellers must provide contact information for prescription verification and avoid claiming lenses can be sold without verifying a prescription.

In order to obtain and maintain registration, a nonresident ophthalmic lens dispenser shall:
(a)CA Business & Professions Code § 2564.75(a) Be in good standing and either registered or otherwise authorized in the state or jurisdiction in which the selling facility is located and from which the ophthalmic lenses are sold.
(b)CA Business & Professions Code § 2564.75(b) Comply with all directions and requests for information made by the board as authorized under this article.
(c)CA Business & Professions Code § 2564.75(c) Maintain records of ophthalmic lenses shipped, mailed, furnished, or delivered to patients in California for a period of at least three years.
(d)CA Business & Professions Code § 2564.75(d) Provide a toll-free telephone service for responding to patient questions and complaints during the applicant’s regular hours of operation, but in no event less than six days per week and 40 hours per week. The toll-free number shall be included in literature provided with each mailed ophthalmic lens prescription. All questions relating to eye care for the lens prescribed shall be referred back to the ophthalmic lens prescriber.
(e)CA Business & Professions Code § 2564.75(e) Provide the following or a substantially equivalent written notification to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.
(f)CA Business & Professions Code § 2564.75(f) Disclose in any price advertisement any required membership fees or enrollment fees and indicate that shipping costs may apply unless the advertisement specifically and clearly states otherwise.
(g)CA Business & Professions Code § 2564.75(g) Provide a toll-free telephone number, facsimile line, and email address that are dedicated to prescribers and their authorized agents for the purposes of confirmation of ophthalmic lens prescriptions. These numbers, along with an email address, shall be included in any communication with the prescriber when requesting confirmation of an ophthalmic lens prescription.
(h)CA Business & Professions Code § 2564.75(h) It shall be considered a deceptive marketing practice for any nonresident ophthalmic lens dispenser to publish or cause to be published any advertisement or sales presentation relating to ophthalmic lenses representing that ophthalmic lenses may be obtained without confirmation of a valid prescription.

Section § 2564.76

Explanation
This law says that contact lenses can only be sold with a written prescription, which must be confirmed either by having a physical copy or contacting the eye doctor directly. If the doctor doesn't respond promptly, the prescription is considered confirmed. If an eye doctor invalidates the prescription, they must explain why, and the lenses can't be sold. Sellers can’t change the brand or specifications of the lenses, except the color, unless it's a private label by the same manufacturer without altering its key parameters.
(a)CA Business & Professions Code § 2564.76(a) Ophthalmic lenses may be sold only upon receipt of a written prescription or a copy of a written prescription and may be sold in quantities consistent with the prescription’s established expiration date and the standard packaging of the manufacturer or vendor. If the written prescription or a copy of it is not available to the dispenser, the dispenser shall confirm the prescription by direct communication with the prescriber or the prescriber’s authorized agent before furnishing, shipping, mailing, or delivering any lens, and maintain a record of the communication. A prescription shall be deemed confirmed upon the occurrence of one of the following:
(1)CA Business & Professions Code § 2564.76(a)(1) The prescriber or the prescriber’s agent confirms the prescription by communication with the dispenser.
(2)CA Business & Professions Code § 2564.76(a)(2) The prescriber fails to communicate with the dispenser within eight business hours after the dispenser requests confirmation, or the prescriber fails to communicate with the dispenser by the next business day on or before the same time of day that the dispenser requested confirmation, whichever is sooner. For purposes of this paragraph, “business day” means each day except a Sunday or a federal holiday.
(b)CA Business & Professions Code § 2564.76(b) If a prescriber communicates with a dispenser before the time period described in paragraph (2) of subdivision (a) elapses and informs the dispenser that the ophthalmic lens prescription is invalid, the dispenser shall not fill the prescription. The prescriber shall specify in the communication with the dispenser the basis for invalidating the prescription.
(c)CA Business & Professions Code § 2564.76(c) A dispenser shall not alter any of the specifications of an ophthalmic lens prescription, other than the color, or substitute a different manufacturer, brand, or other physical property of the lens.
(d)CA Business & Professions Code § 2564.76(d) Notwithstanding the provisions of this section, if the ophthalmic lens is manufactured by a company, but sold under multiple private labels by that same company to individual providers, the dispenser may fill the prescription with an ophthalmic lens manufactured by that company if the ophthalmic lens prescription and the related parameters are not substituted, changed, or altered for a different manufacturer or brand.

Section § 2564.77

Explanation

This law says that a certificate can be denied, suspended, or revoked if a person or their employee shows incompetence, gross negligence, dishonesty, fraud, or if they commit a crime that could justify denial of a license. It can also be taken away if they break specific related rules. These actions are judged according to specific procedures outlined in another section of the Government Code.

(a)CA Business & Professions Code § 2564.77(a) A certificate may be denied, to the extent authorized by Section 480, or suspended, revoked, or otherwise subjected to discipline for any of the following:
(1)CA Business & Professions Code § 2564.77(a)(1) Incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or any employee of the registrant.
(2)CA Business & Professions Code § 2564.77(a)(2) An act of dishonesty or fraud.
(3)CA Business & Professions Code § 2564.77(a)(3) Committing any act or being convicted of a crime constituting grounds for denial of licensure or registration under Section 480.
(4)CA Business & Professions Code § 2564.77(a)(4) Any violation of Section 2564.75 or 2564.76.
(b)CA Business & Professions Code § 2564.77(b) The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all powers granted therein.

Section § 2564.78

Explanation

If you're a nonresident dispensing contact lenses or glasses under a registration in California, your registration lasts for 24 months. Before it expires, you need to fill out a form and pay a renewal fee to keep it active.

Every registration issued to a nonresident ophthalmic lens dispenser shall expire 24 months after the initial date of issuance. To renew an unexpired registration, the registrant shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this article.

Section § 2564.79

Explanation

This law outlines the fee structure for nonresident ophthalmic lens dispensers in California. It sets minimum and maximum amounts for application, initial registration, renewal, and delinquency fees. Additionally, there's a set fee for replacing a lost or damaged registration. The California State Board of Optometry can adjust these fees but not beyond reasonable regulatory costs. All collected fees go into the Optometry Fund to support board activities.

The amount of fees prescribed in connection with the registration of nonresident ophthalmic lens dispensers is that established by the following schedule:
(a)CA Business & Professions Code § 2564.79(a) The application fee for a nonresident ophthalmic lens dispenser shall be a minimum of one hundred fifty dollars ($150) and shall not exceed two hundred dollars ($200).
(b)CA Business & Professions Code § 2564.79(b) The initial registration fee shall be a minimum of two hundred dollars ($200) and shall not exceed three hundred dollars ($300).
(c)CA Business & Professions Code § 2564.79(c) The renewal fee shall be a minimum of two hundred dollars ($200) and shall not exceed three hundred dollars ($300).
(d)CA Business & Professions Code § 2564.79(d) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(e)CA Business & Professions Code § 2564.79(e) The fee for replacement of a lost, stolen, or destroyed registration shall be twenty-five dollars ($25).
(f)CA Business & Professions Code § 2564.79(f) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), (c), and (d), and these revised fees shall not exceed the reasonable regulatory cost.
(g)CA Business & Professions Code § 2564.79(g) The fees collected pursuant to this chapter shall be deposited in the Optometry Fund, and shall be available, upon appropriation, to the California State Board of Optometry for the purposes of this chapter.

Section § 2564.80

Explanation

This law states that anyone who breaks the rules of this chapter can be fined between $1,000 and $35,000 for each violation. The money from these fines goes to the California State Board of Optometry to help them manage and enforce the rules. The board will also create rules on how to implement this section, taking into account factors like penalties, past behavior, and how serious the offense is. Any proceedings related to this law must follow specific procedural rules outlined in another section of government regulations.

(a)CA Business & Professions Code § 2564.80(a) Any person who violates any of the provisions of this chapter shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than thirty-five thousand dollars ($35,000) per violation. The fines collected pursuant to this section shall be available upon appropriation to the California State Board of Optometry for the purposes of administration and enforcement.
(b)CA Business & Professions Code § 2564.80(b) 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.
(c)CA Business & Professions Code § 2564.80(c) 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.