2005 California Business and Professions Code Sections 3160-3167 Article 8. Optometric Corporations

3160.  An optometric corporation is a corporation which is
registered with the State Board of Optometry and has a currently
effective certificate of registration from the board pursuant to the
Moscone-Knox Professional Corporation Act, as contained in Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code, and this article.  Subject to all applicable
statutes, rules and regulations, such optometric corporation is
entitled to practice optometry.  With respect to an optometric
corporation, the governmental agency referred to in the Moscone-Knox
Professional Corporation Act is the State Board of Optometry.
3161.  An applicant for registration as an optometric corporation
shall supply to the board all necessary and pertinent documents and
information requested by the board concerning the applicant's plan of
operation.  The board may provide forms of application.  If the
board finds that the corporation is duly organized and existing
pursuant to the general corporation law, that, except as provided in
Section 13403 of the Corporations Code, each officer, director,
shareholder, and each employee who will render professional services
is a licensed person as defined in the Moscone-Knox Professional
Corporation Act, and that from the application it appears that the
affairs of the corporation will be conducted in compliance with law
and the rules and regulations of the board, the board shall upon
payment of the registration fee in such amount as it may determine
issue a certificate of registration.  The application shall be signed
and verified by an officer of the corporation.
3162.  Each optometric corporation shall file with the board at such
times as the board may require a report containing such information
pertaining to qualification and compliance with the statutes, rules
and regulations of the board as the board may determine.  The fee for
filing such a report shall be fixed by the board.  All reports shall
be signed and verified by an officer of the corporation.
3163.  Except as provided in Section 3125, the name of an optometric
corporation and any name or names under which it may be rendering
professional services shall contain and be restricted to the name or
the last name of one or more of the present, prospective, or former
shareholders and shall include the words optometric corporation or
wording or abbreviations denoting corporate existence, provided that
the articles of incorporation shall be amended to delete the name of
a former shareholder from the name of the corporation within two
years from the date the former shareholder dies or otherwise ceases
to be a shareholder.
3164.  Except as provided in Sections 13401.5 and 13403 of the
Corporations Code, each director, shareholder, and officer of an
optometric corporation shall be a licensed person as defined in the
Moscone-Knox Professional Corporation Act.
3165.  The income of an optometric corporation attributable to
professional services rendered while a shareholder is a disqualified
person (as defined in the Moscone-Knox Professional Corporation Act)
shall not in any manner accrue to the benefit of such shareholder for
his shares in the optometric corporation.
3166.  An optometric corporation shall not do or fail to do any act
the doing of which or the failure to do which would constitute
unprofessional conduct under any statute, rule or regulation now or
hereafter in effect.  In conducting its practice it shall observe and
be bound by such statutes, rules and regulations to the same extent
as a person holding a license under Section 3055.  The board shall
have the same powers of suspension, revocation, and discipline
against an optometric corporation as are now or hereafter authorized
by Section 3090, or by any other similar statute against individual
licensees, provided however, that proceedings against an optometric
corporation shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein.
3167.  The board may formulate and enforce rules and regulations to
carry out the purposes and objectives of this article, including
rules and regulations requiring (a) that the articles of
incorporation or bylaws of an optometric corporation shall include a
provision whereby the capital stock of such corporation owned by a
disqualified person (as defined in the Moscone-Knox Professional
Corporation Act), or a deceased person shall be sold to the
corporation or to the remaining shareholders of such corporation
within such time as such rules and regulations may provide; and (b)
that an optometric corporation as a condition of obtaining a
certificate pursuant to the Moscone-Knox Professional Corporation Act
and this article shall provide adequate security by insurance or
otherwise for claims against it by its patients arising out of the
rendering of professional services.