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2005 California Business and Professions Code Sections 3145-3152.5 Article 7. Revenue
BUSINESS AND PROFESSIONS CODESECTION 3145-3152.5
3145. There is the Optometry Fund in the State Treasury. Unless otherwise provided, all money collected under the authority of this chapter shall be paid into this fund. The board shall not maintain a reserve balance in the fund that is greater than six months of the appropriated operating expenses of the board in any fiscal year. 3145.5. Administrative fines collected pursuant to Section 3095 shall be deposited in the Optometry Fund. It is the legislative intent that moneys collected as fines and deposited in the fund be used by the board primarily for enforcement purposes. 3146. A license issued under this chapter expires at midnight on the last day of the licenseholder's birth month following its original issuance and thereafter at midnight on the last day of the licenseholder's birth month every two years if not renewed. To renew an unexpired license, the licenseholder shall apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by this chapter. 3147. Except as otherwise provided by Section 114, an expired license may be renewed at any time within three years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If an expired license is renewed, the licenseholder shall pay the delinquency fee prescribed by the board. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the accrued renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue as provided in Section 3146 and 3147.5. 3147.5. A license that has been suspended is subject to expiration and shall be renewed as provided in this article, but renewal does not entitle the holder of a suspended license to engage in the practice of optometry, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. A license that has been revoked is subject to expiration, but it may not be renewed. If a revoked license is reinstated after it has expired, a reinstatement fee of 150 percent of the renewal fee shall be assessed. 3147.6. Except as otherwise provided by Section 114, a license that is not renewed within three years after its expiration may be restored thereafter, if no fact, circumstance, or condition exists that, if the license were restored, would justify its revocation or suspension, provided all of the following conditions are met: (a) The holder of the expired license is not subject to denial of a license under Section 480. (b) The holder of the expired license applies in writing for its restoration on a form prescribed by the board. (c) He or she pays the fee or fees as would be required of him or her if he or she were then applying for a license for the first time and had not previously taken the examination for a license. (d) He or she takes and satisfactorily passes the clinical portion of the regular examination of applicants, or other clinical examination approved by the board, and takes and satisfactorily passes the California law and regulations examination. (e) After having taken and satisfactorily passed the clinical portion of the regular examination of applicants, or other clinical examination approved by the board, he or she pays a restoration fee equal to the renewal fee in effect on the last regular renewal date for licenses. 3147.7. The provisions of Section 3147.6 shall not apply to a person holding a license that has not been renewed within three years of expiration, if the person provides satisfactory proof that he or she holds an active license from another state. In this event, the person may renew his or her license in the manner provided for under Section 3147. 3148. From each fee for the renewal of a license for the biennial renewal of a license, there shall be paid the sum of sixteen dollars ($16) by the Director of Consumer Affairs to the University of California. This sum shall be used at and by the University of California solely for the advancement of optometrical research and the maintenance and support of the department at the university in which the science of optometry is taught. The balance of each renewal fee shall be paid into the Optometry Fund. 3150. The department may make all necessary disbursements to carry out the provisions of this chapter. 3152. The amount of fees and penalties prescribed by this chapter shall be established by the board in amounts not greater than those specified in the following schedule: (a) The fee for applicants applying for a license shall not exceed two hundred seventy-five dollars ($275). (b) The fee for renewal of an optometric license shall not exceed three hundred dollars ($300). (c) The annual fee for the renewal of a branch office license shall not exceed seventy-five dollars ($75). (d) The fee for a branch office license shall not exceed seventy-five dollars ($75). (e) The penalty for failure to pay the annual fee for renewal of a branch office license shall not exceed twenty-five dollars ($25). (f) The fee for issuance of a license or upon change of name authorized by law of a person holding a license under this chapter shall not exceed twenty-five dollars ($25). (g) The delinquency fee for renewal of an optometric license shall not exceed twenty-five dollars ($25). 3152.5. The board may require each applicant for a certificate to use therapeutic pharmaceutical agents, pursuant to Section 3041.3, to pay an application fee, and may require each licenseholder to pay a renewal fee. The application fee and the renewal fee shall not exceed the actual costs to the board of the reviewing and processing of the application for a license or renewal of a license, monitoring the practice by licenseholders, and enforcing the provisions of law governing the use of therapeutic pharmaceutical agents, the diagnosis and treatment of certain conditions, and the performance of certain procedures by persons certified to use therapeutic pharmaceutical agents.
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