Title BPC, California Bus. & Prof. Code

This act may be cited as the “Nonresident Ophthalmic Lens Dispenser Registration Act.” (Added by renumbering Section 2546 by Stats. 2021, Ch. 630, Sec. 26. (AB 1534) Effective January 1, 2022.)

(a) A person or entity located outside California shall not ship, mail, furnish, or deliver in any manner, ophthalmic lenses at retail to a patient at a California address unless the person is registered with the California State Board of Optometry. (b) With regard to any person …

The board may adopt, amend, or repeal any rules and regulations that are reasonably necessary to carry out this article. (Added by renumbering Section 2546.3 by Stats. 2021, Ch. 630, Sec. 29. (AB 1534) Effective January 1, 2022.)

(a) Application for registration as a nonresident ophthalmic lens dispenser shall be made on forms prescribed by the board, accompanied by the fee prescribed by this article, and shall bear the signature of the individual, or individuals if a copartnership, or the president or se…

In order to obtain and maintain registration, a nonresident ophthalmic lens dispenser shall: (a) Be in good standing and either registered or otherwise authorized in the state or jurisdiction in which the selling facility is located and from which the ophthalmic lenses are sold. …

(a) Contact lenses may be sold only upon receipt of a written prescription or a copy of a written prescription and may be sold in quantities consistent with the prescription’s established expiration date and the standard packaging of the manufacturer or vendor. If the written pre…

(a) A certificate may be denied, to the extent authorized by Section 480, or suspended, revoked, or otherwise subjected to discipline for any of the following: (1) Incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or any employee of th…

Every registration issued to a nonresident ophthalmic lens dispenser shall expire 24 months after the initial date of issuance. To renew an unexpired registration, the registrant shall, before the time at which the license would otherwise expire, apply for renewal on a form presc…

The amount of fees prescribed in connection with the registration of nonresident ophthalmic lens dispensers is that established by the following schedule: (a) The application and registration fee for a nonresident ophthalmic lens dispenser shall be a minimum of five hundred dolla…

(a) Any person who violates any of the provisions of this chapter shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than thirty-five thousand dollars ($35,000) per violation. The fines collected pursuant to this section shall be available upon app…

For purposes of this chapter, “Dispensing Ophthalmic Business” means a person or entity that meets either of the following criteria: (a) Is engaged in the business of dispensing prescription ophthalmic devices, as defined in Section 2541. (b) Satisfies both of the following requi…

(a) Individuals, corporations, and firms shall make application for registration and shall not engage in that business defined in Section 2564.90 before being issued a certificate of registration. (b) Application for that registration shall be on forms prescribed by the board, sh…

(a) Each application shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inquiries and complaints with res…

(a) If the board, after investigation, approves the application, it shall register the applicant and issue to the applicant a certificate of dispensing ophthalmic business. A separate certificate of registration shall be required for each address where the business is to be condu…

(a) If a registered dispensing ophthalmic business sells or transfers ownership of their place of business, both of the following requirements shall be satisfied: (1) The registered dispensing ophthalmic business selling or transferring ownership of the business shall return the …

(a) No franchisor shall deny the surviving spouse, heirs, or estate of a deceased franchisee or the majority shareholder of the franchisee the opportunity to participate in the ownership of the franchise under a valid franchise agreement for a reasonable time after the death of t…

(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the perso…

(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’…