California Administrative Code

For the purposes of the regulations contained in this Chapter, the term: (a) “Board” means the California State Board of Optometry. (b) “Division” means the California State Board of Optometry. (c) “Code” means the Business and Professions Code. (d) “Engaging in the business of a…

(a) When considering the denial of a license under Section 480 of the code or a petition for reinstatement under Section 11522 of the Government Code on the ground that the applicant has been convicted of a crime, the board shall consider whether the applicant made a showing of r…

All applications shall be submitted on a form provided by the division, accompanied by such evidence, statements or documents as therein required, and filed with the division at its principal office with the required fee.

In the event an application is denied pursuant to Section 2552 or 2553.6 of the code, the division shall notify the applicant in writing within thirty days of the deficiencies or reasons for denial, and of the procedure for requesting a hearing on the denial.

A renewal application will be submitted on a form provided by the division accompanied by the renewal fee and filed with the division at its office in Sacramento prior to the expiration date of the registration.

(a) Except as otherwise provided, if an individual is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, or military or federal law, the Administrative Law Judge shall, in a Proposed Decision: (1) Pro…

All written prescriptions or oral prescriptions which have been reduced to writing shall be retained for three years after the dates such prescriptions have been filed.

The minimum quality standards for prescription ophthalmic devices sold, dispensed or furnished by registered dispensing opticians are the current standards of the American National Standard Institute Z80.1 and Z80.2.

Any applicant for registration as a contact lens dispenser who does not meet the requirements for registration shall be refunded $50.00 upon written request.

(a) The initial application fee shall be $200. (b) The initial registration fee shall be $300. (c) The biennial renewal fee shall be $300. (d) The delinquency fee shall be fifty dollars ($50).

(a) If a cited person who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of …

(a) For the purpose of denial, suspension, or revocation of the registration of a dispensing optician pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 2555.1 of the code, a crime, professional misconduct, or act shall be considered substantially rel…

As used in Sections 1399.275 through 1399.279, inclusive. (a) “Chief of licensing” means the executive officer of the board, or his or her designee. (b) “Optician” means a registered dispensing optician, and a registered spectacle lens dispenser or a registered contact lens dispe…

(a) The chief of licensing is authorized to issue citations containing orders of abatement and fines for violations by opticians of the provisions of law referred to in this section. (b) A citation shall be issued whenever any fine is levied or any order of abatement is issued. E…

The chief of licensing is authorized to issue citations containing orders of abatement and fines against persons, partnerships, corporations or associations who are performing or who have performed services for which registration as an optician is required under Chapters 5.4 and …

(a) In addition to requesting a hearing provided for in subdivision (b) (4) of Section 125.9 of the code, the optician cited may, within ten (10) days after service or receipt of the citation, notify the chief of licensing in writing of his or her request for an informal conferen…

Unless the context otherwise requires, the following definitions shall apply: (a) “Board” means the Respiratory Care Board of California. (b) “B&P” means the Business and Professions Code. (c) “Act” means the Respiratory Care Practice Act. (d) “Direct Supervision” means assigned …

(a) Except for those powers reserved exclusively for the “agency itself” under the Administrative Procedure Act (Section 11500 et seq. of the Government Code), the board delegates and confers upon the executive officer of the board, or in his or her absence, the president of the …

Each applicant shall have one year from the time his or her initial application is received by the Board to meet licensure requirements and complete the application and initial licensure process. If the application and initial licensure process is not completed within the one-yea…

Every applicant shall successfully complete a course in law and professional ethics as provided in section 1399.352.7 of this division, prior to initial licensure.

(a) The board may waive the education requirements in section 3740 of the B&P if an applicant for licensure (1) Either successfully completed a minimum of a one-year respiratory care program supported by the Committee on Accreditation for Respiratory Care or its predecessor, prio…

(a) Each respiratory care practitioner (RCP) is required to complete 30 hours of approved continuing education (CE) every 2 years. At least 25 of the 30 required CE hours shall be completed in the following content areas: (1) A minimum of 10 hours shall be directly related to RCP…

(a) As part of required continuing education, every person licensed under this chapter shall successfully complete a course in law and professional ethics as provided in section 1399.352.7 of this division, during every other license renewal cycle. (b) Continuing education units …

(a) Any course or program meeting the criteria set forth in this Article will be accepted by the board for CE credit. (b) The Board shall approve 15 hours of continuing education (CE) credit for the award of any of the following initial credentials after successful completion of …

(a) For the renewal of an expired license more than two years and within three years of the date of expiration, the applicant shall provide documentation of completion of the required 30 hours of CE during the four-year period preceding the application for renewal. (b) For the re…

A licensee may request, in writing, to change the status of his/her license as follows: (a) To change the status of a license from active to inactive, the licensee shall make application to the board for such a change. (b) To change the status of a license from inactive to active…

A preceptorship is a course, or component of a course, presented at the end of a board-approved curriculum, that provides students with a faculty-planned and supervised experience comparable to that of an entry-level registered nurse position. A program may choose to include a pr…

(a) When considering the denial of a respiratory care practitioner license pursuant to section 480 of the B&P on the grounds that the applicant has been convicted of a crime, the board shall consider whether the applicant made a showing of rehabilitation, if the applicant complet…

In reaching a decision on the disciplinary action under the Administrative Procedure Act (Government Code section 11400 et seq.), determining terms and conditions of probation, or consequences for non compliance of ordered probation, the Board shall consider the disciplinary guid…

Records requested by the board, or on behalf of the board, as provided for in section 3717 of the B&P, shall be provided by the employer, within 10 business days from a written, electronic or oral request or be made available for review at the time of an inspection.

(a) The executive officer of the board or his or her designee is authorized to issue a citation to any person or employer for a violation of any provision of division 1.5 and chapter 1 of division 2 of the B&P, as permitted, the Act, or any regulation adopted by the board. (b) A …

(a) If the person cited is afforded the opportunity for a citation review, he or she may, within 30 calendar days after the date of service of the citation, notify the executive officer, in writing, of his or her request for a citation review by the executive officer, regarding t…

(a) If the cited person or employer fails to request a citation review or a hearing as provided in subdivision (e) of section 1399.380, or fails to request a hearing as provided in subdivision (a) of section 1399.383, the citation shall be deemed a final order of the board and sh…

(a) A professional corporation may perform any act authorized in its articles of incorporation or bylaws so long as that act is not in conflict with or prohibited by these regulations, the Physical Therapy Practice Act or the regulations adopted pursuant thereto. (b) A profession…

The following schedule of fees is hereby adopted pursuant to sections 3775 and 3775.5 of the B&P: (a) (b) (c) (d) Renewal fee (1) (2) (3) (e) Delinquency fee (not more than 2 years after expiration) (1) (2) (3) (f) Delinquency fee (after 2 years but not more than 3 years after ex…

For purposes of the regulations contained in this Article, the following definitions apply: (a) “Foreign-trained applicant” means a person who completed education outside of the United States. (b) “Credential evaluation” means an evaluation sent from a board-approved credential e…

All documentation submitted in a language other than English shall be accompanied by a translation into English certified by a translator other than the applicant who shall attest to the accuracy of such translation under penalty of perjury.

(a) A pharmacy may offer a program to automatically refill prescriptions provided the pharmacy complies with this section. (1) The pharmacy shall have written policies and procedures describing the program, which shall set forth, at a minimum, how the pharmacy will comply with th…

(a) For documented educational training and clinical experience to qualify for licensure under Section 4938 of the Code, an applicant shall document that such education and experience meets the curriculum requirements of Section 1399.434, including certified transcripts, and cert…

(a) Once the Board has received the foreign-trained applicant's credential evaluation, the Board shall examine the results of the evaluation to determine if the foreign-trained applicant is eligible to take the licensing examination and notify the applicant in writing if they hav…

(a) For the purposes of this section, “disciplinary reasons” means that the applicant's practice was restricted by order of the Board for violations of the Acupuncture Licensure Act, Acupuncture Regulations, or Section 822 of the Code, including orders resulting from: (1) An accu…

(a) To receive and maintain Board approval, a Service shall submit a completed application to the Board containing the information and documents required by this section. (b) The application for a Service to apply for Board approval shall contain the following: (1) Applicant iden…

(a) An application for examination shall be deemed to have been abandoned and the applicant's fee forfeited in any of the following circumstances: (1) The applicant fails to complete the applicant's application within 180 calendar days after it has been filed. An application shal…

If the Board or its designee asks a licensee to provide criminal history information, a licensee shall respond to that request within 30 days. The licensee shall make available all documents and other records requested and shall respond with accurate information.

Each supervising acupuncturist shall have the following duties and responsibilities: (a) A supervisor shall at all times be responsible for and provide supervision of the work performed by the trainee as required in these regulations. (b) The supervisor shall only assign those pa…

(a) The Board shall be notified in writing within 10 calendar days of the termination of any acupuncture tutorial for any reason. At the time of such notification the registration of both the supervisor and trainee shall be cancelled. If the supervisor or trainee subsequently par…

To be approved by the Board, an acupuncture and Asian medicine educational and training curriculum shall consist of at least 2,050 hours of didactic and laboratory training and at least 950 hours of supervised clinical instruction. The curriculum shall include the following cours…

(a) Each educational and training program seeking Board approval of its curriculum shall submit an “Application for Board Approval of Curriculum” (rev 4/15), hereby incorporated by reference. The application shall be accompanied by the following information and documentation: (1)…

Examinations shall be administered at times and locations to be determined by the Board. If the same examination is administered in more than one location, it shall be administered concurrently in each location.

(a) State the total amount of pre-opening capital expenditures which have been or are proposed to be incurred, and provide an itemized schedule of such pre-opening capital expenditures. (b) State the total amount of pre-opening noncapital expenditures which have been or are propo…