Today's Law As Amended

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SB-1386 Optometry.(2017-2018)

As Amends the Law Today
As Amends the Law on Nov 08, 2018


 Section 3070 of the Business and Professions Code is amended to read:

 (a) Before engaging in the practice of optometry, each licensed optometrist shall notify the board in writing of the address or addresses where he or she is to engage in the practice of optometry and, also, of any changes in his or her place of practice. After providing the address or addresses and place of practice information to the board, a licensed optometrist shall obtain a statement of licensure from the board to be placed in all practice locations other than an optometrist’s principal place of practice. The practice of optometry is the performing or the controlling of any of the acts set forth in Section 3041.
(b) A licensed optometrist is not required to provide the notification described in subdivision (a) if he or she engages in the temporary practice of optometry. “Temporary practice” is defined as the practice of optometry at locations other than the optometrist’s principal place of practice for not more than five calendar days during a 30-day period, and not more than 36 days within a calendar year. This limitation shall apply to all practice locations where the licensed optometrist is engaging in temporary practice, not to each practice location individually. If the time period of the temporary practice needs to be extended for any reason, the licensed optometrist shall submit an application for a statement of licensure to the board pursuant to Section 1506 of Title 16 of the California Code of Regulations.
(c) Notwithstanding Section 3075, an optometrist engaging in the temporary practice of optometry at a location described in subdivision (b) shall carry and present upon demand evidence of his or her licensure but shall not be required to post his or her current license or other evidence of current license status issued by the board.
(d) In addition to the information required by Section 3076, a receipt issued to a patient by an optometrist engaging in the temporary practice of optometry at a location described in subdivision (b) shall contain the address of the optometrist’s primary practice location and the temporary practice location where the services were provided.

SEC. 2.

 Section 3077 of the Business and Professions Code is amended to read:

 As used in this section, “office” means any office or other place for the practice of optometry, including but not limited to vans, trailers, or other mobile equipment. optometry. 
(a) No person, singly or in combination with others, may have an office unless that person  he or she  is licensed to practice optometry under this chapter or the registered owner and operator of a nonprofit mobile optometric office as set out in this chapter. chapter.  
(b) No optometrist, and no two or more optometrists jointly, may have more than 11 offices.
(c) Any failure to comply with the provisions of this section shall result in the suspension of the optometrist license of each optometrist who, individually or with others, has an office. An optometrist license so suspended shall not be restored except upon compliance with those provisions and the payment of the fee prescribed by this chapter for restoration of a license after suspension for failure to comply with this section.
(d) The board shall have the power to adopt, amend, and repeal rules and regulations to carry out the provisions of this section.
(e) Notwithstanding any other provision of this section, neither an optometrist nor an individual practice association shall be deemed to have an additional office solely by reason of the optometrist’s participation in an individual practice association or the individual practice association’s creation or operation. As used in this subdivision, the term “individual practice association” means an entity that meets all of the following requirements:
(1) Complies with the definition of an optometric corporation in Section 3160.
(2) Operates primarily for the purpose of securing contracts with health care service plans or other third-party payers that make available eye/vision services to enrollees or subscribers through a panel of optometrists.
(3) Contracts with optometrists to serve on the panel of optometrists, but does not obtain an ownership interest in, or otherwise exercise control over, the respective optometric practices of those optometrists on the panel.
(f) For purposes of Section 3070.2, “office” shall include a van, trailer, or mobile equipment owned and operated by a mobile optometric office.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.