SECTIONS 690 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 690

690. (a) Except as provided in Section 4601 of the Labor Code and
Section 2627 of the Unemployment Insurance Code, neither the
administrators, agents, or employees of any program supported, in
whole or in part, by funds of the State of California, nor any state
agency, county, or city of the State of California, nor any officer,
employee, agent, or governing board of a state agency, county, or
city in the performance of its, his, or her duty, duties, function,
or functions, shall prohibit any person, who is entitled to vision
care that may be rendered by either an optometrist or a physician and
surgeon within the scope of his or her license, from selecting a
duly licensed member of either profession to render the service,
provided the member has not been removed or suspended from
participation in the program for cause.
(b) Whenever any person has engaged, or is about to engage, in any
acts or practices that constitute, or will constitute, a violation
of this section, the superior court in and 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 the conduct on
application of the Attorney General, the district attorney of the
county, or any person aggrieved.
For purposes of this subdivision, "person aggrieved" means the
person who seeks the particular medical or optometric services
mentioned in this section, or the holder of any certificate who is
discriminated against in violation of this section.
(c) Nothing contained in this section shall prohibit any agency
operating a program of services, including, but not limited to, a
program established pursuant to Article 5 (commencing with Section
123800) of Chapter 3 of Part 2 of Division 106 of the Health and
Safety Code, from preparing lists of healing arts licensees and
requiring patients to select a licensee on the list as a condition to
payment by the program for the services, except that if the lists
are established and a particular service may be performed by either a
physician and surgeon or an optometrist the list shall contain a
sufficient number of licensees so as to assure the patients an
adequate choice.