SECTIONS 3145-3152.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3145-3152.5

3145. There is the Optometry Fund in the State Treasury. Unless
otherwise provided, all money collected under the authority of this
chapter shall be paid into this fund. The board shall not maintain a
reserve balance in the fund that is greater than six months of the
appropriated operating expenses of the board in any fiscal year.

3145.5. Administrative fines collected pursuant to Section 3095
shall be deposited in the Optometry Fund. It is the legislative
intent that moneys collected as fines and deposited in the fund be
used by the board primarily for enforcement purposes.

3146. A license issued under this chapter expires at midnight on
the last day of the licenseholder's birth month following its
original issuance and thereafter at midnight on the last day of the
licenseholder's birth month every two years if not renewed. To renew
an unexpired license, the licenseholder shall apply for renewal on a
form prescribed by the board and pay the renewal fee prescribed by
this chapter.

3147. Except as otherwise provided by Section 114, an expired
license may be renewed at any time within three years after its
expiration by filing an application for renewal on a form prescribed
by the board, paying all accrued and unpaid renewal fees, paying any
delinquency fees prescribed by the board, and submitting proof of
completion of the required number of hours of continuing education
for the last two years, as prescribed by the board pursuant to
Section 3159. Renewal under this section shall be effective on the
date on which all of those requirements are satisfied. If so renewed,
the license shall continue as provided in Sections 3146 and 3147.5.

3147.5. A license that has been suspended is subject to expiration
and shall be renewed as provided in this article, but renewal does
not entitle the holder of a suspended license to engage in the
practice of optometry, or in any other activity or conduct in
violation of the order or judgment by which the license was
suspended.
A license that has been revoked is subject to expiration, but it
may not be renewed. If a revoked license is reinstated after it has
expired, a reinstatement fee of 150 percent of the renewal fee shall
be assessed.

3147.6. Except as otherwise provided by Section 114, a license that
is not renewed within three years after its expiration may be
restored thereafter, if no fact, circumstance, or condition exists
that, if the license were restored, would justify its revocation or
suspension, provided all of the following conditions are met:
(a) The holder of the expired license is not subject to denial of
a license under Section 480.
(b) The holder of the expired license applies in writing for its
restoration on a form prescribed by the board.
(c) The holder of the expired license pays the fee or fees as
would be required of him or her if he or she were then applying for a
license for the first time.
(d) The holder of the expired license satisfactorily passes both
of the following examinations:
(1) The National Board of Examiners in Optometry's Clinical Skills
examination or other clinical examination approved by the board.
(2) The board's jurisprudence examination.
(e) After taking and satisfactorily passing the examinations
identified in subdivision (d), the holder of the expired license pays
a restoration fee equal to the sum of the license renewal fee in
effect on the last regular renewal date for licenses and any
delinquency fees prescribed by the board.

3147.7. The provisions of Section 3147.6 shall not apply to a
person holding a license that has not been renewed within three years
of expiration, if the person provides satisfactory proof that he or
she holds an active license from another state and meets all of the
following conditions:
(a) Is not subject to denial of a license under Section 480.
(b) Applies in writing for restoration of the license on a form
prescribed by the board.
(c) Pays all accrued and unpaid renewal fees and any delinquency
fees prescribed by the board.
(d) Submits proof of completion of the required number of hours of
continuing education for the last two years.
(e) Takes and satisfactorily passes the board's jurisprudence
examination.

3148. From each fee for the renewal of a license for the biennial
renewal of a license, there shall be paid the sum of sixteen dollars
($16) by the Director of Consumer Affairs to the University of
California.
This sum shall be used at and by the University of California
solely for the advancement of optometrical research and the
maintenance and support of the department at the university in which
the science of optometry is taught.
The balance of each renewal fee shall be paid into the Optometry
Fund.

3150. The department may make all necessary disbursements to carry
out the provisions of this chapter.

3152. The amounts of fees and penalties prescribed by this chapter
shall be established by the board in amounts not greater than those
specified in the following schedule:
(a) The fee for applicants applying for a license shall not exceed
two hundred seventy-five dollars ($275).
(b) The fee for renewal of an optometric license shall not exceed
five hundred dollars ($500).
(c) The annual fee for the renewal of a branch office license
shall not exceed seventy-five dollars ($75).
(d) The fee for a branch office license shall not exceed
seventy-five dollars ($75).
(e) The penalty for failure to pay the annual fee for renewal of a
branch office license shall not exceed twenty-five dollars ($25).
(f) The fee for issuance of a license or upon change of name
authorized by law of a person holding a license under this chapter
shall not exceed twenty-five dollars ($25).
(g) The delinquency fee for renewal of an optometric license shall
not exceed fifty dollars ($50).
(h) The application fee for a certificate to perform lacrimal
irrigation and dilation shall not exceed fifty dollars ($50).
(i) The application fee for a certificate to treat glaucoma shall
not exceed fifty dollars ($50).
(j) The fee for approval of a continuing education course shall
not exceed one hundred dollars ($100).
(k) The fee for issuance of a statement of licensure shall not
exceed forty dollars ($40).
(l) The fee for biennial renewal of a statement of licensure shall
not exceed forty dollars ($40).
(m) The delinquency fee for renewal of a statement of licensure
shall not exceed twenty dollars ($20).
(n) The application fee for a fictitious name permit shall not
exceed fifty dollars ($50).
(o) The renewal fee for a fictitious name permit shall not exceed
fifty dollars ($50).
(p) The delinquency fee for renewal of a fictitious name permit
shall not exceed twenty-five dollars ($25).

3152.5. The board may require each applicant for a certificate to
use therapeutic pharmaceutical agents, pursuant to Section 3041.3, to
pay an application fee, and may require each licenseholder to pay a
renewal fee. The application fee and the renewal fee shall not exceed
the actual costs to the board of the reviewing and processing of the
application for a license or renewal of a license, monitoring the
practice by licenseholders, and enforcing the provisions of law
governing the use of therapeutic pharmaceutical agents, the diagnosis
and treatment of certain conditions, and the performance of certain
procedures by persons certified to use therapeutic pharmaceutical
agents.