SECTIONS 3070-3078 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3070-3078

3070. (a) Before engaging in the practice of optometry, each
licensed optometrist shall notify the board in writing of the address
or addresses where he or she is to engage, or intends to engage, in
the practice of optometry and, also, of any changes in his or her
place of practice. The practice of optometry is the performing or the
controlling of any of the acts set forth in Section 3041.
(b) A licensed optometrist is not required to provide the
notification described in subdivision (a) if he or she engages in the
temporary practice of optometry in any of the following settings:
(1) A facility licensed by the State Department of Public Health.
(2) A public institution, including, but not limited to, a school,
a community college, and federal, state, and local penal and
correctional facilities.
(3) A mobile unit that is operated by a governmental agency or by
a nonprofit or charitable organization.
(4) The home of a patient who is not ambulatory.
(5) The practice location of another optometrist that has been
reported to the board pursuant to this section if the other
optometrist is ill or on a temporary leave or for any other reason
approved by the board. The exception under this paragraph is limited
to a total period at all temporary practice locations of seven
calendar days during a 30-day period and 84 days during a calendar
year.
(c) Notwithstanding Section 3075, an optometrist engaging in the
temporary practice of optometry at a location described in
subdivision (b) shall carry and present upon demand evidence of his
or her licensure but shall not be required to post his or her current
license or other evidence of current license status issued by the
board.
(d) In addition to the information required by Section 3076, a
receipt issued to a patient by an optometrist engaging in the
temporary practice of optometry at a location described in
subdivision (b) shall contain the address of the optometrist's
primary practice location and the temporary practice location where
the services were provided.
(e) "Temporary practice" shall be defined by the board for
purposes of this section.

3070.1. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Health facility" means a health facility as defined in
Section 1250 of the Health and Safety Code, exclusive of a hospital
defined in subdivision (a) or (b) of that section.
(2) "Residential care facility" means a residential facility, as
defined in paragraph (1) of subdivision (a) of Section 1502 of the
Health and Safety Code, licensed by the State Department of Social
Services, including, but not limited to, the following:
(A) Adult residential facilities.
(B) Adult residential facilities for persons with special health
care needs.
(C) Residential care facilities for the chronically ill.
(D) Residential care facilities for the elderly.
(E) Continuing care retirement communities.
(F) Social rehabilitation facilities.
(b) An optometrist may engage in the practice of optometry at any
health facility or residential care facility provided that all of the
following requirements are satisfied:
(1) The optometrist maintains a primary business office, separate
from the health facility or residential care facility, that meets all
of the following requirements:
(A) Is open to the public during normal business hours by
telephone and for purposes of billing services or access to patient
records.
(B) Is licensed to the optometrist or the employer of the
optometrist as a local business with the city or county in which it
is located.
(C) Is registered by the optometrist with the Board of Optometry.
(D) Is owned or leased by the optometrist or by the employer of
the optometrist.
(E) Is not located in or connected with a residential dwelling.
(2) The optometrist maintains or discloses patient records in the
following manner:
(A) Records are maintained and made available to the patient in
such a way that the type and extent of services provided to the
patient are conspicuously disclosed. The disclosure of records shall
be made at or near the time services are rendered and shall be
maintained at the primary business office specified in paragraph (1).
(B) The optometrist complies with all federal and state laws and
regulations regarding the maintenance and protection of medical
records, including, but not limited to, the federal Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(C) Pursuant to Section 3007, the optometrist keeps all necessary
records for a minimum of seven years from the date of service in
order to disclose fully the extent of services furnished to a
patient. Any information included on a printed copy of an original
document to a patient shall be certified by the optometrist as being
true, accurate, and complete.
(D) If a prescription is issued to a patient, records shall be
maintained for each prescription as part of the patient's chart,
including all of the following information about the optometrist:
(i) Name.
(ii) Optometrist license number.
(iii) The place of practice and the primary business office.
(iv) Description of the goods and services for which the patient
is charged and the amount charged.
(E) A copy of any referral or order requesting optometric services
for a patient from the health facility's or residential care
facility's administrator, director of social services, the attending
physician and surgeon, the patient, or a family member shall be kept
in the patient's medical record.
(3) The optometrist possesses and appropriately uses the
instruments and equipment required for all optometric services and
procedures performed within the health facility or residential care
facility.
(c) An optometrist who satisfies all of the requirements in this
section for the practice of optometry at a health facility or
residential care facility shall not be required to comply with
Section 3070 with regard to providing notification to the board of
each facility or residential care facility at which he or she
practices.

3075. An optometrist shall post in each location where he or she
practices optometry, in an area that is likely to be seen by all
patients who use the office, his or her current license or other
evidence of current license status issued by the board. The board may
charge a fee as specified in Section 3152 for each issuance of
evidence of current licensure.

3076. A licensed optometrist shall deliver to each patient that
makes a payment to the practice, excluding insurance copayments and
deductibles, a receipt that contains all of the following
information:
(a) His or her name.
(b) The number of his or her optometrist license.
(c) His or her place of practice.
(d) A description of the goods and services for which the patient
is charged and the amount charged.

3077. As used in this section "office" means any office or other
place for the practice of optometry.
(a) No person, singly or in combination with others, may have an
office unless he or she is registered to practice optometry under
this chapter.
(b) An optometrist, or two or more optometrists jointly, may have
one office without obtaining a further license from the board.
(c) On and after October 1, 1959, no optometrist, and no two or
more optometrists jointly, may have more than one office unless he or
she or they comply with the provisions of this chapter as to an
additional office. The additional office, for the purposes of this
chapter, constitutes a branch office.
(d) Any optometrist who has, or any two or more optometrists,
jointly, who have, a branch office prior to January 1, 1957, and who
desire to continue the branch office on or after that date shall
notify the board in writing of that desire in a manner prescribed by
the board.
(e) On and after January 1, 1957, any optometrist, or any two or
more optometrists, jointly, who desire to open a branch office shall
notify the board in writing in a manner prescribed by the board.
(f) On and after January 1, 1957, no branch office may be opened
or operated without a branch office license. Branch office licenses
shall be valid for the calendar year in or for which they are issued
and shall be renewable on January 1st of each year thereafter. Branch
office licenses shall be issued or renewed only upon the payment of
the fee therefor prescribed by this chapter.
On or after October 1, 1959, no more than one branch office
license shall be issued to any optometrist or to any two or more
optometrists, jointly.
(g) Any failure to comply with the provisions of this chapter
relating to branch offices or branch office licenses as to any branch
office shall work the suspension of the certificate of registration
of each optometrist who, individually or with others, has a branch
office. A certificate of registration so suspended shall not be
restored except upon compliance with those provisions and the payment
of the fee prescribed by this chapter for restoration of a
certificate of registration after suspension for failure to comply
with the provisions of this chapter relating to branch offices.
(h) The holder or holders of a branch office license shall pay the
annual renewal fee therefor in the amount required by this chapter
between the first day of January and the first day of February of
each year. The failure to pay the fee in advance on or before
February 1st of each year during the time it is in force shall ipso
facto work the suspension of the branch office license. The license
shall not be restored except upon written application and the payment
of the penalty prescribed by this chapter, and, in addition, all
delinquent branch office fees.
(i) Nothing in this chapter shall limit or authorize the board to
limit the number of branch offices that are in operation on October
1, 1959, and that conform to this chapter, nor prevent an optometrist
from acquiring any branch office or offices of his or her parent.
The sale after October 1, 1959, of any branch office shall terminate
the privilege of operating the branch office, and no new branch
office license shall be issued in place of the license issued for the
branch office, unless the branch office is the only one operated by
the optometrist or by two or more optometrists jointly.
Nothing in this chapter shall prevent an optometrist from owning,
maintaining, or operating more than one branch office if he or she is
in personal attendance at each of his or her offices 50 percent of
the time during which the office is open for the practice of
optometry.
(j) The board shall have the power to adopt, amend, and repeal
rules and regulations to carry out the provisions of this section.
(k) Notwithstanding any other provision of this section, neither
an optometrist nor an individual practice association shall be deemed
to have an additional office solely by reason of the optometrist's
participation in an individual practice association or the individual
practice association's creation or operation. As used in this
subdivision, the term "individual practice association" means an
entity that meets all of the following requirements:
(1) Complies with the definition of an optometric corporation in
Section 3160.
(2) Operates primarily for the purpose of securing contracts with
health care service plans or other third-party payers that make
available eye/vision services to enrollees or subscribers through a
panel of optometrists.
(3) Contracts with optometrists to serve on the panel of
optometrists, but does not obtain an ownership interest in, or
otherwise exercise control over, the respective optometric practices
of those optometrists on the panel.
Nothing in this subdivision shall be construed to exempt an
optometrist who is a member of an individual practice association and
who practices optometry in more than one physical location, from the
requirement of obtaining a branch office license for each of those
locations, as required by this section. However, an optometrist shall
not be required to obtain a branch office license solely as a result
of his or her participation in an individual practice association in
which the members of the individual practice association practice
optometry in a number of different locations, and each optometrist is
listed as a member of that individual practice association.

3078. (a) It is unlawful to practice optometry under a false or
assumed name, or to use a false or assumed name in connection with
the practice of optometry, or to make use of any false or assumed
name in connection with the name of a person licensed pursuant to
this chapter. However, the board may issue written permits
authorizing an individual optometrist or an optometric group or
optometric corporation to use a name specified in the permit in
connection with its practice if, and only if, the board finds to its
satisfaction all of the following:
(1) The place or establishment, or the portion thereof, in which
the applicant or applicants practice, is owned or leased by the
applicant or applicants, and the practice conducted at that place or
establishment, or portion thereof, is wholly owned and entirely
controlled by the applicant or applicants. However, if the applicant
or applicants are practicing optometry in a community clinic, as
defined in subdivision (a) of Section 1204 of the Health and Safety
Code, this subdivision shall not apply.
(2) The name under which the applicant or applicants propose to
operate is in the judgment of the board not deceptive or inimical to
enabling a rational choice for the consumer public and contains at
least one of the following designations: "optometry" or "optometric."
However, if the applicant or applicants are practicing optometry in
a community clinic, as defined in subdivision (a) of Section 1204 of
the Health and Safety Code, this subdivision shall not apply. In no
case shall the name under which the applicant or applicants propose
to operate contain the name or names of any of the optometrists
practicing in the community clinic.
(3) The names of all optometrists practicing at the location
designated in the application are displayed in a conspicuous place
for the public to see, not only at the location, but also in any
advertising permitted by law.
(4) No charges that could result in revocation or suspension of an
optometrist's license to practice optometry are pending against any
optometrist practicing at the location.
(b) Permits issued under this section by the board shall expire
and become invalid unless renewed at the times and in the manner
provided in Article 7 (commencing with Section 3145) for the renewal
of licenses issued under this chapter.
(c) A permit issued under this section may be revoked or suspended
at any time that the board finds that any one of the requirements
for original issuance of a permit, other than under paragraph (4) of
subdivision (a), is no longer being fulfilled by the individual
optometrist, optometric corporation, or optometric group to whom the
permit was issued. Proceedings for revocation or suspension shall be
governed by the Administrative Procedure Act.
(d) If the board revokes or suspends the license to practice
optometry of an individual optometrist or any member of a corporation
or group to whom a permit has been issued under this section, the
revocation or suspension shall also constitute revocation or
suspension, as the case may be, of the permit.