SECTIONS 2560-2564.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2560-2564.6

2560. No individual may fit and adjust contact lenses, including
plano contact lenses, unless the registration requirement of Section
2550 is complied with, and unless (a) the individual is a duly
registered contact lens dispenser as provided in Section 2561 or (b)
the individual performs the fitting and adjusting under the direct
responsibility and supervision of a duly registered contact lens
dispenser who is then present on the registered premises. In no event
shall a registered contact lens dispenser supervise more than three
contact lens dispenser trainees.

2561. An individual shall apply for registration as a registered
contact lens dispenser on forms prescribed by the division. The
division shall register an individual as a registered contact lens
dispenser upon satisfactory proof that the individual has passed the
contact lens registry examination of the National Committee of
Contact Lens Examiners or any successor agency to that committee. In
the event the division should ever find after hearing that the
registry examination is not appropriate to determine entry level
competence as a contact lens dispenser or is not designed to measure
specific job performance requirements, the division may thereafter
from time to time prescribe or administer a written examination that
meets those specifications. If an applicant for renewal has not
engaged in the full-time or substantial part-time practice of fitting
and adjusting contact lenses within the last five years then the
division may require the applicant to take and pass the examination
referred to in this section as a condition of registration. Any
examination administered by the division shall be given at least
twice each year on dates publicly announced at least 90 days before
the examination dates. The division is authorized to contract with
the National Committee of Contact Lens Examiners or any successor
agency to that committee to provide that the registry examination is
given at least twice each year on dates publicly announced at least
90 days before the examination dates.
The division may deny registration where there are grounds for
denial under the provisions of Division 1.5 (commencing with Section
475).
The division shall issue a certificate to each qualified
individual stating that the individual is a registered contact lens
dispenser.
A registered contact lens dispenser may use that designation, but
shall not hold himself or herself out in advertisements or otherwise
as a specialist in fitting and adjusting contact lenses.

2562. Upon satisfactory completion of the fitting of contact
lenses, but in no event more than 60 days after receipt of the
prescription, a registered contact lens dispenser shall direct the
person named in the prescription to return to the prescribing
physician and surgeon or optometrist for an evaluation.

2563. A certificate issued to a registered contact lens dispenser
may in the discretion of the division be suspended or revoked for
violating or attempting to violate any provision of this chapter or
any regulation adopted under this chapter, or for incompetence, gross
negligence, or repeated similar negligent acts performed by the
certificate holder. A certificate may also be suspended or revoked if
the individual certificate holder has been convicted of a felony as
provided in Section 2555.1.
Any proceedings under this section 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 division
shall have all the powers granted therein.

2564. The provisions of this article shall not apply to an
assistant fitting contact lenses while acting under the direct
responsibility and supervision of a physician and surgeon or
optometrist who engages in the practice of fitting contact lenses for
his or her patients under Section 2544.

2564.5. A registered dispensing optician fitting contact lenses
shall maintain accessible handwashing facilities on the premises and
those facilities shall be used before each fitting of contact lenses.

2564.6. A registered dispensing optician shall comply with the
applicable provisions of Section 2541.2.