2005 California Business and Professions Code Sections 3420-3430 Article 5. Criminal Offenses
3420. Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. 3421. It is unlawful to sell or barter, or offer to sell or barter, any license issued by the bureau. 3422. It is unlawful to purchase or procure by barter any license issued by the bureau with intent to use the same as evidence of the holder's qualification to practice the fitting or selling of hearing aids. 3423. It is unlawful to alter with fraudulent intent in any material regard a license issued by the bureau. 3424. It is unlawful to use or attempt to use any license issued by the bureau that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license. 3426. It is unlawful to willfully make any false statement in a material regard in an application for an examination before the bureau for a license. 3427. It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked and unexpired license or temporary license. 3427.5. It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first does all of the following: (a) Complies with all provisions of state laws and regulations relating to the fitting or selling of hearing aids. (b) Conducts a direct observation of the purchaser's ear canals. (c) Informs the purchaser of the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. 3428. It is unlawful to advertise by displaying a sign or otherwise or hold himself out to be a person engaged in the practice of fitting or selling hearing aids without having at the time of so doing a valid, unrevoked license or temporary license. 3429. It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely open for service to his clients. 3430. In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, an offense against this chapter, the superior court for the county wherein the acts or practices take place or are about to take place, may issue an injunction or other appropriate order, restraining such conduct on application of the bureau, the Attorney General, or the district attorney of the county. If the acts or practices constitute, or will constitute, an offense against Section 3306.5, the application to the superior court may be made by the State Board of Optometry. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
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