2005 California Business and Professions Code Sections 3040-3060 Article 3. Admission to Practice

3040.  It is unlawful for  a person to engage in the practice of
optometry or to display a sign or in any other way to advertise or
hold himself or herself out as an optometrist without having first
obtained a certificate of registration from the board under the
provisions of this chapter or under the provisions of any former act
relating to the practice of optometry.  The practice of optometry
includes the performing or controlling of any acts set forth in
Section 3041.
   In any prosecution for a violation of this section, the use of
test cards, test lenses, or of trial frames is prima facie evidence
of the practice of optometry.
3041.  (a) The practice of optometry includes the prevention and
diagnosis of disorders and dysfunctions of the visual system, and the
treatment and management of certain disorders and dysfunctions of
the visual system, as well as the provision of rehabilitative
optometric services, and is the doing of any or all of the following:
   (1) The examination of the human eye or eyes, or its or their
appendages, and the analysis of the human vision system, either
subjectively or objectively.
   (2) The determination of the powers or range of human vision and
the accommodative and refractive states of the human eye or eyes,
including the scope of its or their functions and general condition.
   (3) The prescribing or directing the use of, or using, any optical
device in connection with ocular exercises, visual training, vision
training, or orthoptics.
   (4) The prescribing of contact and spectacle lenses for, or the
fitting or adaptation of contact and spectacle lenses to, the human
eye, including lenses which may be classified as drugs or devices by
any law of the United States or of this state.
   (5) The use of topical pharmaceutical agents for the sole purpose
of the examination of the human eye or eyes for any disease or
pathological condition.  The topical pharmaceutical agents shall
include mydriatics, cycloplegics, anesthetics, and agents for the
reversal of mydriasis.
   (b) (1) An optometrist who is certified to use therapeutic
pharmaceutical agents, pursuant to Section 3041.3, may also diagnose
and exclusively treat the human eye or eyes, or any of its
appendages, for all of the following conditions:
   (A) Through medical treatment, infections of the anterior segment
and adnexa, excluding the lacrimal gland, the lacrimal drainage
system and the sclera.  Nothing in this section shall authorize any
optometrist to treat a person with AIDS for ocular infections.
   (B) Ocular allergies of the anterior segment and adnexa.
   (C) Ocular inflammation, nonsurgical in cause, limited to
inflammation resulting from traumatic iritis, peripheral corneal
inflammatory keratitis, episcleritis, and unilateral nonrecurrent
nongranulomatous idiopathic iritis in patients over the age of 18.
Unilateral nongranulomatous idiopathic iritis recurring within one
year of the initial occurrence shall be referred to an
ophthalmologist.  An optometrist shall consult with an
ophthalmologist if a patient has a recurrent case of episcleritis
within one year of the initial occurrence.  An optometrist shall
consult with an ophthalmologist if a patient has a recurrent case of
peripheral corneal inflammatory keratitis within one year of the
initial occurrence.
   (D) Traumatic or recurrent conjunctival or corneal abrasions and
erosions.
   (E) Corneal surface disease and dry eyes.
   (F) Ocular pain, not related to surgery, associated with
conditions optometrists are authorized to treat.
   (G) Pursuant to subdivision (f), primary open angle glaucoma in
patients over the age of 18.
   (2) For purposes of this section, "treat" means the use of
therapeutic pharmaceutical agents, as described in subdivision (c),
and the procedures described in subdivision (e).
   (c) In diagnosing and treating the conditions listed in
subdivision (b), an optometrist certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3, may use all of the
following therapeutic  pharmaceutical agents exclusively:
   (1) All of the topical pharmaceutical agents listed in paragraph
(5) of subdivision (a) as well as topical miotics for diagnostic
purposes.
   (2) Topical lubricants.
   (3) Topical antiallergy agents.  In using topical steroid
medication for the treatment of ocular allergies, an optometrist
shall do the following:
   (A) Consult with an ophthalmologist if the patient's condition
worsens 72 hours after diagnosis.
   (B) Consult with an ophthalmologist if the inflammation is still
present three weeks after diagnosis.
   (C) Refer the patient to an ophthalmologist if the patient is
still on the medication six weeks after diagnosis.
   (D) Refer the patient to an ophthalmologist if the patient's
condition recurs within three months.
   (4) Topical antiinflammatories.  In using topical steroid
medication for:
   (A) Unilateral nonrecurrent nongranulomatous idiopathic iritis or
episcleritis, an optometrist shall consult with an ophthalmologist if
the patient's condition worsens 72 hours after the diagnosis, or if
the patient's condition has not resolved three weeks after diagnosis.
  If the patient is still receiving medication for these conditions
six weeks after diagnosis, the optometrist shall refer the patient to
an ophthalmologist.
   (B) Peripheral corneal inflammatory keratitis, excluding Moorens
and Terriens diseases, an optometrist shall consult with an
ophthalmologist if the patient's condition worsens 48 hours after
diagnosis.  If the patient is still receiving the medication two
weeks after diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
   (C) Traumatic iritis, an optometrist shall consult with an
ophthalmologist if the patient's condition worsens 72 hours after
diagnosis and shall refer the patient to an ophthalmologist if the
patient's condition has not resolved one week after diagnosis.
   (5) Topical antibiotic agents.
   (6) Topical hyperosmotics.
   (7) Topical antiglaucoma agents pursuant to the certification
process defined in subdivision (f).
   (A) The optometrist shall not use more than two concurrent topical
medications in treating the patient for primary open angle glaucoma.
  A single combination medication that contains two pharmacological
agents shall be considered as two medications.
   (B) The optometrist shall refer the patient to an ophthalmologist
if requested by the patient, if treatment goals are not achieved with
the use of two topical medications or if indications of narrow angle
or secondary glaucoma develop.
   (C) If the glaucoma patient also has diabetes, the optometrist
shall consult in writing with the physician treating the patient's
diabetes in developing the glaucoma treatment plan and shall notify
the physician in writing of any changes in the patient's glaucoma
medication.  The physician shall provide written confirmation of such
consultations and notifications.
   (8) Nonprescription medications used for the rational treatment of
an ocular disorder.
   (9) Oral antihistamines.  In using oral antihistamines for the
treatment of ocular allergies, the optometrist shall refer the
patient to an ophthalmologist if the patient's condition has not
resolved two weeks after diagnosis.
   (10) Prescription oral nonsteroidal antiinflammatory agents.  The
agents shall be limited to three  days' use.  If the patient's
condition has not resolved three days after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (11) The following oral antibiotics for medical treatment as set
forth in subparagraph (A) of paragraph (1) of subdivision (b):
tetracyclines, dicloxacillin, amoxicillin, amoxicillin with
clavulanate, erythromycin, clarythromycin, cephalexin, cephadroxil,
cefaclor, trimethoprim with sulfamethoxazole, ciprofloxacin, and
azithromycin.  The use of azithromycin shall be limited to the
treatment of eyelid infections and chlamydial disease manifesting in
the eyes.
   (A) If the patient has been diagnosed with a central corneal ulcer
and the condition has not improved 24 hours after diagnosis, the
optometrist shall consult with an ophthalmologist.  If the central
corneal ulcer has not improved 48 hours after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.  If the
patient is still receiving antibiotics 10 days after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (B) If the patient has been diagnosed with preseptal cellulitis or
dacryocystitis and the condition has not improved 72 hours after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.  If a patient with preseptal cellulitis or
dacryocystitis is still receiving oral antibiotics 10 days after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
   (C) If the patient has been diagnosed with blepharitis and the
patient's condition does not improve after six weeks of treatment,
the optometrist shall consult with an ophthalmologist.
   (D) For the medical treatment of all other medical conditions as
set forth in subparagraph (A) of paragraph (1) of subdivision (b), if
the patient's condition worsens 72 hours after diagnosis, the
optometrist shall consult with an ophthalmologist.  If the patient's
condition has not resolved 10 days after diagnosis, the optometrist
shall refer the patient to an ophthalmologist.
   (12) Topical antiviral medication and oral acyclovir for the
medical treatment of the following:  herpes simplex viral keratitis,
herpes simplex viral conjunctivitis and periocular herpes simplex
viral dermatitis; and varicella zoster viral keratitis, varicella
zoster viral conjunctivitis and periocular varicella zoster viral
dermatitis.
   (A) If the patient has been diagnosed with herpes simplex
keratitis or varicella zoster viral keratitis and the patient's
condition has not improved seven days after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.  If a
patient's condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (B) If the patient has been diagnosed with herpes simplex viral
conjunctivitis, herpes simplex viral dermatitis, varicella zoster
viral conjunctivitis or varicella zoster viral dermatitis, and if the
patient's condition worsens seven days after diagnosis, the
optometrist shall consult with an ophthalmologist.  If the patient's
condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (C) In all cases, the use of topical antiviral medication shall be
limited to three weeks, and the use of oral acyclovir shall be
limited to 10 days.
   (13) Oral analgesics that are not controlled substances.
   (14) Codeine with compounds and hydrocodone with compounds as
listed in the California Uniform Controlled Substances Act (Section
11000 of the Health and Safety Code et seq.) and the United States
Uniform Controlled Substances Act (21 U.S.C. Sec. 801 et seq.).  The
use of these agents shall be limited to three days, with a referral
to an ophthalmologist if the pain persists.
   (d) In any case where this chapter requires that an optometrist
consult with an ophthalmologist, the optometrist shall maintain a
written record in the patient's file of the information provided to
the ophthalmologist, the ophthalmologist's response and any other
relevant information.  Upon the consulting ophthalmologist's request,
the optometrist shall furnish a copy of the record to the
ophthalmologist.
   (e) An optometrist who is certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3 may also perform all
of the following:
   (1) Mechanical epilation.
   (2) Ordering of smears, cultures, sensitivities, complete blood
count, mycobacterial culture, acid fast stain, and urinalysis.
   (3) Punctal occlusion by plugs, excluding laser, cautery,
diathermy, cryotherapy, or other means constituting surgery as
defined in this chapter.
   (4) The prescription of therapeutic contact lenses.
   (5) Removal of foreign bodies of the cornea, eyelid, and
conjunctiva.  Corneal foreign bodies shall be nonperforating, be no
deeper than the anterior stroma, and require no surgical repair upon
removal.  Within the central three millimeters of the cornea, the use
of sharp instruments is prohibited.
   (6) For patients over the age of 12 years, lacrimal irrigation and
dilation, excluding probing of the nasal lacrimal tract.  The State
Board of Optometry shall certify an optometrist to perform this
procedure after completing 10 of the procedures under the supervision
of an ophthalmologist as confirmed by the ophthalmologist.
   (7) No injections other than the use of an auto-injector to
counter anaphylaxis.
   (f) The State Board of Optometry shall grant a certificate to an
optometrist certified pursuant to Section 3041.3 for the treatment of
primary open angle glaucoma in patients over the age of 18 only
after the optometrist meets the following requirements:
   (1) Satisfactory completion of a didactic course of not less than
24 hours in the diagnosis, pharmacological and other treatment and
management of glaucoma.  The 24-hour glaucoma curriculum shall be
developed by an accredited California school of optometry.  Any
applicant who graduated from an accredited California school of
optometry on or after May 1, 2000, shall be exempt from the 24-hour
didactic course requirement contained in this paragraph.
   (2) After completion of the requirement contained in paragraph
(1), collaborative treatment of 50 glaucoma patients for a period of
two years for each patient under the following terms:
   (A) After the optometrist makes a provisional diagnosis of
glaucoma, the optometrist and the patient shall identify a
collaborating ophthalmologist.
   (B) The optometrist shall develop a treatment plan that considers
for each patient target intraocular pressures, optic nerve appearance
and visual field testing for each eye, and an initial proposal for
therapy.
   (C) The optometrist shall transmit relevant information from the
examination and history taken of the patient along with the treatment
plan to the collaborating ophthalmologist.  The collaborating
ophthalmologist shall confirm or refute the glaucoma diagnosis within
30 days.  To accomplish this, the collaborating ophthalmologist
shall perform a physical examination of the patient.
   (D) Once the collaborating ophthalmologist confirms the diagnosis
and approves the treatment plan in writing, the optometrist may begin
treatment.
   (E) The optometrist shall use no more than two concurrent topical
medications in treating the patient for glaucoma.  A single
combination medication that contains two pharmacologic agents shall
be considered as two medications.  The optometrist shall notify the
collaborating ophthalmologist in writing if there is any change in
the medication used to treat the patient for glaucoma.
   (F) Annually after commencing treatment, the optometrist shall
provide a written report to the collaborating ophthalmologist about
the achievement of goals contained in the treatment plan.  The
collaborating ophthalmologist shall acknowledge receipt of the report
in writing to the optometrist within 10 days.
   (G) The optometrist shall refer the patient to an ophthalmologist
if requested by the patient, if treatment goals are not achieved with
the use of two topical medications, or if indications of secondary
glaucoma develop.  At his or her discretion, the collaborating
ophthalmologist may periodically examine the patient.
   (H) If the glaucoma patient also has diabetes, the optometrist
shall consult in writing with the physician treating the patient's
diabetes in preparation of the treatment plan and shall notify the
physician in writing if there is any change in the patient's glaucoma
medication.  The physician shall provide written confirmation of the
consultations and notifications.
   (I) The optometrist shall provide the following information to the
patient in writing:  nature of the working or suspected diagnosis,
consultation evaluation by a collaborating ophthalmologist, treatment
plan goals, expected followup care, and a description of the
referral requirements.  The document containing the information shall
be signed and dated by both the optometrist and the ophthalmologist
and maintained in their files.
   (3) When the requirements contained in paragraphs (1) and (2) have
been satisfied, the optometrist shall submit proof of completion to
the State Board of Optometry and apply for a certificate to treat
primary open angle glaucoma.  That proof shall include corroborating
information from the collaborating ophthalmologist.  If the
ophthalmologist fails to respond within 60 days of a request for
information from the State Board of Optometry, the board may act on
the optometrist's application without that corroborating information.
   (4) After an optometrist has treated a total of 50 patients for a
period of two years each and has received certification from the
State Board of Optometry, the optometrist may treat the original 50
collaboratively treated patients independently, with the written
consent of the patient.  However, any glaucoma patients seen by the
optometrist before the two-year period has expired for each of the 50
patients shall be treated under the collaboration protocols
described in this section.
   (g) Notwithstanding any other provision of law, an optometrist
shall not treat children under one year of age with therapeutic
pharmaceutical agents.
   (h) Any dispensing of a therapeutic pharmaceutical agent by an
optometrist shall be without charge.
   (i) Notwithstanding any other provision of law, the practice of
optometry does not include performing surgery.  "Surgery" means any
procedure in which human tissue is cut, altered, or otherwise
infiltrated by mechanical or laser means in a manner not specifically
authorized by this act.  Nothing in the act amending this section
shall limit an optometrist's authority, as it existed prior to the
effective date of the act amending this section, to utilize
diagnostic laser and ultrasound technology.
   (j) All collaborations, consultations, and referrals made by an
optometrist pursuant to this section shall be to an ophthalmologist
located geographically appropriate to the patient.
3041.1.  With respect to the practices set forth in subdivisions
(b), (d), and (e) of Section 3041, optometrists diagnosing or
treating eye disease shall be held to the same standard of care to
which physicians and surgeons and osteopathic physicians and surgeons
are held.
3041.2.  (a) The State Board of Optometry shall by regulation,
establish educational and examination requirements for licensure to
insure the competence of optometrists to practice pursuant to
subdivision (a) of Section 3041.  Satisfactory completion of the
educational and examination requirements shall be a condition for the
issuance of an original certificate of registration under this
chapter, on and after January 1, 1980.  Only those optometrists who
have successfully completed educational and examination requirements
as determined by the State Board of Optometry shall be permitted the
use of pharmaceutical agents specified by subdivision (a) of Section
3041.
   (b) Nothing in this section shall authorize an optometrist issued
an original certificate under this chapter before January 1, 1996, to
use or prescribe therapeutic pharmaceutical agents specified in
subdivision (d) of Section 3041 without otherwise meeting the
requirements of Section 3041.3.
3041.3.  (a) In order to be certified to use therapeutic
pharmaceutical agents and authorized to diagnose and treat the
conditions listed in subdivisions (b), (d), and (e) of Section 3041,
an optometrist shall apply for a certificate from the board and meet
all requirements imposed by the board.
   (b) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry prior to January 1, 1996,
is licensed as an optometrist in California, and meets all of the
following requirements:
   (1) Satisfactorily completes a didactic course of no less than 80
classroom hours in the diagnosis, pharmacological, and other
treatment and management of ocular disease provided by either an
accredited school of optometry in California or a recognized
residency review committee in ophthalmology in California.
   (2) Completes a preceptorship of no less than 65 hours, during a
period of not less than two months nor more than one year, in either
an ophthalmologist's office or an optometric clinic.  The training
received during the preceptorship shall be on the diagnosis,
treatment, and management of ocular, systemic disease.  The preceptor
shall certify completion of the preceptorship.  Authorization for
the ophthalmologist to serve as a preceptor shall be provided by an
accredited school of optometry in California, or by a recognized
residency review committee in ophthalmology, and the preceptor shall
be licensed as an ophthalmologist in California, board-certified in
ophthalmology, and in good standing with the Medical Board of
California.  The individual serving as the preceptor shall schedule
no more than three optometrist applicants for each of the required 65
hours of the preceptorship program.  This paragraph shall not be
construed to limit the total number of optometrist applicants for
whom an individual may serve as a preceptor, and is intended only to
ensure the quality of the preceptorship by requiring that the
ophthalmologist preceptor schedule the training so that each
applicant optometrist completes each of the 65 hours of the
preceptorship while scheduled with no more than two other optometrist
applicants.
   (3) Successfully completes a minimum of 20 hours of self-directed
education.
   (4) Passes the National Board of Examiners in Optometry's
"Treatment and Management of Ocular Disease" examination or, in the
event this examination is no longer offered, its equivalent, as
determined by the State Board of Optometry.
   (5) Passes the examination issued upon completion of the 80-hour
didactic course required under paragraph (1) and provided by the
accredited school of optometry or residency program in ophthalmology.
   (6) When any or all of the requirements contained in paragraph
(1), (4), or (5) have been satisfied on or after July 1, 1992, and
before January 1, 1996, an optometrist shall not be required to
fulfill the satisfied requirements in order to obtain certification
to use therapeutic pharmaceutical agents.  In order for this
paragraph to apply to the requirement contained in paragraph (5), the
didactic examination that the applicant successfully completed shall
meet equivalency standards, as determined by the board.
   (7) Any optometrist who graduated from an accredited school of
optometry on or after January 1, 1992, and before January 1, 1996,
shall not be required to fulfill the requirements contained in
paragraphs (1), (4), and (5).
   (c) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry on or after January 1,
1996, who is licensed as an optometrist in California, and who meets
all of the following requirements:
   (1) Passes the National Board of Examiners in Optometry's national
board examination, or its equivalent, as determined by the State
Board of Optometry.
   (2) Of the total clinical training required by a school of
optometry's curriculum, successfully completed at least 65 of those
hours on the diagnosis, treatment, and management of ocular, systemic
disease.
   (3) Is certified by an accredited school of optometry as competent
in the diagnosis, treatment, and management of ocular, systemic
disease to the extent authorized by this section.
   (4) Is certified by an accredited school of optometry as having
completed at least 10 hours of experience with a board-certified
ophthalmologist.
   (d) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who is an optometrist who
obtained his or her license outside of California if he or she meets
all of the requirements for an optometrist licensed in California to
be certified to use therapeutic pharmaceutical agents.
   (1) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and graduated from an accredited school
of optometry prior to January 1, 1996, shall be required to fulfill
the requirements set forth in subdivision (b).  In order for the
applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received at the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry in
California for persons who graduate before January 1, 1996.  For
those out-of-state applicants who request that any of the
requirements contained in subdivision (b) be waived based on
fulfillment of the requirement in another state, if the board
determines that the completed requirement was equivalent to that
required in California, the requirement shall be waived.
   (2) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and who graduated from an accredited
school of optometry on or after January 1, 1996, shall be required to
fulfill the requirements set forth in subdivision (c).  In order for
the applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received by the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry for
persons who graduate on or after January 1, 1996.  For those
out-of-state applicants who request that any of the requirements
contained in subdivision (c) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
   (3) The State Board of Optometry shall decide all issues relating
to the equivalency of an optometrist's education or training under
this subdivision, and the committee established pursuant to Section
3041.1 shall recommend protocols for the board to use in this regard,
as described in Section 3041.1.
3042.  The provisions of this chapter do not prevent a licensed
physician and surgeon from treating or fitting glasses to the human
eye, or from doing any act within the practice of optometry, or a
licensed physician and surgeon or optometrist from filling
prescriptions or orders, nor do they prevent the replacing,
duplicating or repairing of ophthalmic lenses, frames, or fittings by
persons qualified to write or fill prescriptions or orders under the
provisions of this chapter, nor prevent the doing of the mechanical
work upon  those lenses, frames, or fittings by an assistant, nor
prevent an assistant acting under the responsibility and direction of
a physician and surgeon or an optometrist from using any optical
device in connection with ocular exercises, vision training, or
orthoptics, or acts set forth in Section 2544.
   It is unlawful for a person to dispense, replace, or duplicate an
ophthalmic lens without a prescription or order from a licensed
physician and surgeon or optometrist.
3042.5.  (a) The practice of persons actually enrolled as
undergraduate or graduate students of optometry in the clinical
departments of schools or colleges of optometry accredited by the
board shall be exempt from the provisions of this chapter; provided,
however, that such practice shall be entirely confined to the
operations of the clinical department of the accredited school or
college of optometry and shall be carried on only in pursuing the
study of optometry.
   (b) The board may grant, for specified periods, exemption from the
provisions of this chapter to any person who is licensed in another
state or country and who is employed as a clinician or instructor by
an accredited school or college of optometry.  Such exemption from
the provisions of this chapter shall extend only to practice which is
conducted for educational purposes and which is confined to the
clinical department of the accredited school or college employing the
person to whom the exemption is granted.
3043.  The provisions of this chapter do not prohibit the sale of
goggles, sun glasses, colored glasses or occupational eye-protective
devices if they do not have refractive values nor do the provisions
of this chapter prohibit the sale of complete ready to wear
eyeglasses as merchandise by any person not holding himself out as
competent to examine, test or prescribe for the human eye or its
refractive errors.
3044.  A person over the age of 18 years desiring to engage in the
practice of optometry in this state may file an application for
examination and an application for licensure.  The application shall
be accompanied by the fee required by this chapter.
3045.  Applications shall be verified by the oath of the applicant
and shall contain information and evidence satisfactory to the board
showing the eligibility of the applicant.
3046.  In order to obtain a license to practice optometry in
California, an applicant shall have graduated from an accredited
school of optometry, passed the required examination for licensure,
and not have met any of the grounds for denial established in Section
480.  The proceedings under this section shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
3051.  All applicants for examination for a certificate of
registration in accordance with the educational and examination
requirements adopted pursuant to Section 3023.1 shall show the board
by satisfactory evidence that he or she has received education in
child abuse detection and the detection of alcoholism and other
chemical substance dependency.  This section shall apply only to
applicants who matriculate in a school of optometry on or after
September 1, 1997.
3053.  All examinations shall be practical in character, designed to
ascertain applicants' fitness to practice the profession of
optometry and conducted in the English language.  The board may by
rule or regulation accept the examination given by other agencies or
organizations which it deems equivalent to the examination required
to determine an applicant's fitness to practice optometry.
3054.  The passing grades for the licensure examination shall be
based on psychometrically sound principles of establishing minimum
qualifications and levels of competency.  If an applicant fails to
pass any section of the examination, he or she may be examined in any
succeeding examination held during the next five years only in
those sections in which he or she failed to obtain a passing grade.
3055.  The board shall issue a license to an applicant who meets the
requirements of this chapter, including the payment of the
prescribed licensure, certification, or renewal fee, and who meets
any other requirement in accordance with state law.  A license or
certificate issued under the chapter shall be subject to renewal as
prescribed by the board and shall expire unless renewed in that
manner.  The board may provide for the late renewal of a license or
certificate as provided for in Section 163.5.
3056.  Notwithstanding any other provision of this chapter, the
board may issue a certificate of registration to a person who meets
all of the following qualifications:
   (a) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
   (b) Is currently licensed in another state.
   (c) Is currently a full-time faculty member of an accredited
California school or college of optometry and has served in that
capacity for a period of at least five continuous years.
   (d) Has attained, at an accredited California school or college of
optometry, the academic rank of professor, associate professor, or
clinical professor, except that the status of adjunct or affiliated
faculty member shall not be deemed sufficient.
   (e) Has successfully passed the board's jurisprudence examination.
   (f) Is in good standing, with no past or pending malpractice
awards or judicial or administrative actions.
   (g) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
   (h) Has met the requirements of Section 3041.2 regarding the use
of pharmaceutical agents under subdivision (e) of Section 3041.
   (i) Has never had his or her license to practice optometry revoked
or suspended.
   (j) Is not subject to denial based on any of the grounds listed in
Section 480.
   (k) Pays an application fee in an amount equal to the application
fee prescribed by the board pursuant to Section 3152.
   (l) Files an application on a form prescribed by the board.
   Any certificate of registration issued pursuant to this section
shall expire as provided in Section 3146, and may be renewed as
provided in this chapter, subject to the same conditions as other
certificates of registration issued under this chapter.
3057.5.  (a) Notwithstanding any other provision of this chapter,
the board shall permit a person who meets all of the following
requirements to take the examination for a certificate of
registration as an optometrist:
   (1) Is over the age of 18 years.
   (2) Is not subject to denial of a certificate under Section 480.
   (3) Has a degree as a doctor of optometry issued by a university
located outside of the United States.
   (b) This section shall become operative on January 1, 1996.
3059.  (a) It is the intent of the Legislature that the public
health and safety would be served by requiring all holders of
licenses to practice optometry granted under this chapter to continue
their education after receiving their licenses.  The board shall
adopt regulations that require, as a condition to the renewal
thereof, that all holders of licenses submit proof satisfactory to
the board that they have informed themselves of the developments in
the practice of optometry occurring since the original issuance of
their licenses by pursuing one or more courses of study satisfactory
to the board or by other means deemed equivalent by the board.
   (b) The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for reasons of
health, military service, or other good cause.
   (c) If for good cause compliance cannot be met for the current
year, the board may grant exemption of compliance for that year,
provided that a plan of future compliance that includes current
requirements as well as makeup of previous requirements is approved
by the board.
   (d) The board may require that proof of compliance with this
section be submitted on an annual or biennial basis as determined by
the board.
   (e) The board may adopt regulations to require licensees to
maintain current certification in cardiopulmonary resuscitation.
Training required for the granting or renewal of a cardiopulmonary
certificate shall not be credited towards the requirements of
subdivision (a) or (f).
   (f) An optometrist certified to use therapeutic pharmaceutical
agents pursuant to Section 3041.3 shall complete a total of 50 hours
of continuing education every two years in order to renew his or her
certificate. Thirty-five of the required 50 hours of continuing
education shall be on the diagnosis, treatment, and management of
ocular disease in any combination of the following areas:
   (1) Glaucoma.
   (2) Ocular infection.
   (3) Ocular inflammation.
   (4) Topical steroids.
   (5) Systemic medication.
   (6) Pain medication.
   (g) The board shall encourage every optometrist to take a course
or courses in pharmacology and pharmaceuticals as part of his or her
continuing education.
   (h) The board shall consider requiring courses in child abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected
children.
   (i) The board shall consider requiring courses in elder abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected elder
persons.
3060.  The board shall periodically develop and disseminate to all
persons licensed to practice optometry information and educational
material regarding all of the following:
   (a) The detection of child abuse and neglect.  The board shall
consult with the Office of Child Abuse Prevention in developing the
materials distributed pursuant to this subdivision.
   (b) The detection of elder abuse and neglect.  The board shall
consult with the Adult Protective Services Division of the State
Department of Social Services in developing the materials distributed
pursuant to this subdivision.