SECTIONS 3420-3430 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3420-3430

3420. Any person who violates any of the provisions of this article
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail for not less than 10 days
nor more than one year, or by a fine of not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000), or by
both such fine and imprisonment.

3421. It is unlawful to sell or barter, or offer to sell or barter,
any license issued by the board.

3422. It is unlawful to purchase or procure by barter any license
issued by the board with intent to use the same as evidence of the
holder's qualification to practice the fitting or selling of hearing
aids.

3423. It is unlawful to alter with fraudulent intent in any
material regard a license issued by the board.

3424. It is unlawful to use or attempt to use any license issued by
the board that has been purchased, fraudulently issued,
counterfeited, or materially altered as a valid license.

3426. It is unlawful to willfully make any false statement in a
material regard in an application for an examination before the board
for a license.

3427. It is unlawful to engage in the practice of fitting or
selling hearing aids in this state without having at the time of so
doing a valid, unrevoked and unexpired license or temporary license.

3427.5. It is unlawful for a licensed hearing aid dispenser to fit
or sell a hearing aid unless he or she first does all of the
following:
(a) Complies with all provisions of state laws and regulations
relating to the fitting or selling of hearing aids.
(b) Conducts a direct observation of the purchaser's ear canals.
(c) Informs the purchaser of the address and office hours at which
the licensee shall be available for fitting or postfitting
adjustments and servicing of the hearing aid or aids sold.

3428. It is unlawful to advertise by displaying a sign or otherwise
or hold himself out to be a person engaged in the practice of
fitting or selling hearing aids without having at the time of so
doing a valid, unrevoked license or temporary license.

3429. It is unlawful to engage in the practice of fitting or
selling hearing aids without the licensee having and maintaining an
established business address, routinely open for service to his
clients.

3430. In addition to other proceedings provided for in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, an offense
against this chapter, the superior court for the county wherein the
acts or practices take place or are about to take place, may issue an
injunction or other appropriate order, restraining such conduct on
application of the board, the Attorney General, or the district
attorney of the county. If the acts or practices constitute, or will
constitute, an offense against Section 3306.5, the application to the
superior court may be made by the State Board of Optometry. The
proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.