2005 California Business and Professions Code Sections 3070-3078 Article 4. Registration

3070.  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, or intends to engage, in the
practice of optometry and, also, of any changes in his or her place
of practice.  The practice of optometry is the performing or the
controlling of any of the acts set forth in Section 3041.
3075.  An optometrist shall post in each location where he or she
practices optometry, in an area that is likely to be seen by all
patients who use the office, his or her current license or other
evidence of current license status issued by the board.  The board
may charge a fee not to exceed twenty-five dollars ($25) for each
issuance of evidence of current licensure.
3076.  A licensed optometrist shall deliver to each patient that
makes a payment to the practice, excluding insurance copayments and
deductibles, a receipt that contains all of the following
information:
   (a) His or her name.
   (b) The number of his or her optometrist license.
   (c) His or her place of practice.
   (d) A description of the goods and services for which the patient
is charged and the amount charged.
3077.  As used in this section "office" means any office or other
place for the practice of optometry.
   (a) No person, singly or in combination with others, may have an
office unless he or she is registered to practice optometry under
this chapter.
   (b) An optometrist, or two or more optometrists jointly, may have
one office without obtaining a further license from the board.
   (c) On and after October 1, 1959, no optometrist, and no two or
more optometrists jointly, may have more than one office unless he,
or she, or they comply with the provisions of this chapter as to an
additional office.  Such additional office, for the purposes of this
chapter, constitutes a branch office.
   (d) Any optometrist who has, or any two or more optometrists,
jointly, who have, a branch office prior to January 1, 1957, and who
desire to continue such branch office on or after that date shall
notify the board in writing of such desire in a manner prescribed by
the board.
   (e) On and after January 1, 1957, any optometrist, or any two or
more optometrists, jointly, who desire to open a branch office shall
notify the board in writing in a manner prescribed by the board.
   (f) On and after January 1, 1957, no branch office may be opened
or operated without a branch office license.  Branch office licenses
shall be valid for the calendar year in or for which they are issued
and shall be renewable on January 1st of each year thereafter.
Branch office licenses shall be issued or renewed only upon the
payment of the fee therefor prescribed by this chapter.
   On or after October 1, 1959, no more than one branch office
license shall be issued to any optometrist or to any two or more
optometrists, jointly.
   (g) Any failure to comply with the provisions of this chapter
relating to branch offices or branch office licenses as to any branch
office shall work the suspension of the certificate of registration
of each optometrist who, individually or with others, has such branch
office.  A certificate of registration so suspended shall not be
restored except upon compliance with such provisions and the payment
of the fee prescribed by this chapter for restoration of a
certificate of registration after suspension for failure to comply
with the provisions of this chapter relating to branch offices.
   (h) The holder or holders of a branch office license shall pay the
annual renewal fee therefor in the amount required by this chapter
between the first day of January and the first day of February of
each year.  The failure to pay such fee in advance on or before
February 1st of each year during the time it is in force shall ipso
facto work the suspension of such branch office license.  Such
license shall not be restored except upon written application and the
payment of the penalty prescribed by this chapter, and, in addition,
all delinquent branch office fees.
   (i) Nothing in this chapter shall limit or authorize the board to
limit the number of branch offices which are in operation on October
1, 1959 and which conform to this chapter, nor prevent an optometrist
from acquiring any branch office or offices of his or her parent.
The sale after October 1, 1959 of any branch office shall terminate
the privilege of operating such branch office and no new branch
office license shall be issued in place of the license issued for
such branch office, unless the branch office is the only one operated
by the optometrist or two or more optometrists jointly.
   Nothing in this chapter shall prevent an optometrist from owning,
maintaining or operating more than one branch office if he or she is
in personal attendance at each of his offices fifty percent (50%) of
the time during which such office is open for the practice of
optometry.
   (j) The board shall have the power to adopt, amend, and repeal
rules and regulations to carry out the provisions of this section.
   (k) 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) Is registered with the State Board of Optometry as an
optometric corporation in accordance with 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.
   Nothing in this subdivision shall be construed to exempt an
optometrist who is a member of an individual practice association and
who practices optometry in more than one physical location, from the
requirement of obtaining a branch office license for each of those
locations, as required by this section.  However, an optometrist
shall not be required to obtain a branch office license solely as a
result of his or her participation in an individual practice
association in which the members of the individual practice
association practice optometry in a number of different locations,
and each optometrist is listed as a member of that individual
practice association.
3078.  It is unlawful to practice optometry under a false or assumed
name, or to use a false or assumed name in connection with the
practice of optometry, or to make use of any false or assumed name in
connection with the name of a person licensed pursuant to this
chapter. However, the board may issue written permits authorizing an
individual optometrist or an optometric group or optometric
corporation to use a name specified in the permit in connection with
its practice if, and only if, the board finds to its satisfaction
that:
   (a) The place or establishment, or the portion thereof, in which
the applicant or applicants practice, is owned or leased by the
applicant or applicants, and the practice conducted at that place or
establishment, or portion thereof, is wholly owned and entirely
controlled by the applicant or applicants; provided, however, that
where the applicant or applicants are practicing optometry in a
community clinic, as defined in subdivision (a) of Section 1204 of
the Health and Safety Code, this subdivision shall not apply.
   (b) The name under which the applicant or applicants propose to
operate is in the judgment of the board not deceptive or inimical to
enabling a rational choice for the consumer public and contains at
least one of the following designations: "optometry" or "optometric";
provided, however, that where the applicant or applicants are
practicing optometry in a community clinic, as defined in subdivision
(a) of Section 1204 of the Health and Safety Code, this subdivision
shall not apply. In no case shall the name under which the applicant
or applicants propose to operate contain the name or names of any of
the optometrists practicing in the community clinic.
   (c) The names of all optometrists practicing at the location
designated in the application are displayed in a conspicuous place
for the public to see, not only at the location, but also in any
advertising permitted by law.
   (d) No charges which could result in revocation or suspension of
an optometrist's license to practice optometry are pending against
any optometrist practicing at the location.
   Permits issued under this section by the board shall expire and
become invalid unless renewed at the times and in the manner provided
in Article 7 (commencing with Section 3145) for the renewal of
licenses issued under this chapter.  The board may charge an annual
fee, not to exceed ten dollars ($10) for the issuance or renewal of
each permit.
   Any permit issued under this section may be revoked or suspended
at any time that the board finds that any one of the requirements for
original issuance of a permit, other than under subdivision (d), is
no longer being fulfilled by the individual optometrist, optometric
corporation, or optometric group to whom the permit was issued.
Proceedings for revocation or suspension shall be governed by the
Administrative Procedure Act.
   In the event the board revokes or suspends the licenses to
practice optometry of an individual optometrist or any member of a
corporation or group to whom a permit has been issued under this
section, the revocation or suspension shall also constitute
revocation or suspension, as the case may be, of the permit.