SECTIONS 3160-3167 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3160-3167

3160. An optometric corporation is a corporation that is authorized
to render professional services, as described in Sections 13401 and
13401.5 of the Corporations Code, if that corporation and its
shareholders, officers, directors, and employees rendering
professional services who are physicians and surgeons, psychologists,
registered nurses, optometrists, or podiatrists are in compliance
with the Moscone-Knox Professional Corporation Act as contained in
Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code, the provisions of this article, and all other
statutes and regulations now or hereafter enacted or adopted
pertaining to the corporation and the conduct of its affairs. With
respect to an optometric corporation, the governmental agency
referred to in the Moscone-Knox Professional Corporation Act is the
State Board of Optometry.

3163. Except as provided in Section 3125, the name of an optometric
corporation and any name or names under which it may be rendering
professional services shall contain and be restricted to the name or
the last name of one or more of the present, prospective, or former
shareholders and shall include the words optometric corporation or
wording or abbreviations denoting corporate existence, provided that
the articles of incorporation shall be amended to delete the name of
a former shareholder from the name of the corporation within two
years from the date the former shareholder dies or otherwise ceases
to be a shareholder.

3164. Except as provided in Sections 13401.5 and 13403 of the
Corporations Code, each director, shareholder, and officer of an
optometric corporation shall be a licensed person as defined in the
Moscone-Knox Professional Corporation Act.

3165. The income of an optometric corporation attributable to
professional services rendered while a shareholder is a disqualified
person (as defined in the Moscone-Knox Professional Corporation Act)
shall not in any manner accrue to the benefit of such shareholder for
his shares in the optometric corporation.

3166. An optometric corporation shall not do or fail to do an act
the doing of which or the failure to do which would constitute
unprofessional conduct under any statute, rule, or regulation. In
conducting its practice, an optometric corporation shall observe and
be bound by statutes, rules, and regulations to the same extent as a
person holding a license under Section 3055.

3167. The board may formulate and enforce rules and regulations to
carry out the purposes and objectives of this article, including
rules and regulations requiring (a) that the articles of
incorporation or bylaws of an optometric corporation shall include a
provision whereby the capital stock of such corporation owned by a
disqualified person (as defined in the Moscone-Knox Professional
Corporation Act), or a deceased person shall be sold to the
corporation or to the remaining shareholders of such corporation
within such time as such rules and regulations may provide; and (b)
that an optometric corporation as a condition of obtaining a
certificate pursuant to the Moscone-Knox Professional Corporation Act
and this article shall provide adequate security by insurance or
otherwise for claims against it by its patients arising out of the
rendering of professional services.