2005 California Business and Professions Code Sections 690 Article 8. Selection of Healing Arts Practitioner

BUSINESS AND PROFESSIONS CODE
SECTION 690

690.  (a) Except as provided in Section 4601 of the Labor Code and
Section 2627 of the Unemployment Insurance Code, neither the
administrators, agents, or employees of any program supported, in
whole or in part, by funds of the State of California, nor any state
agency, county, or city of the State of California, nor any officer,
employee, agent, or governing board of a state agency, county, or
city in the performance of its, his, or her duty, duties, function or
functions, shall prohibit any person, who is entitled to vision care
that may be rendered by either an optometrist or a physician and
surgeon within the scope of his or her license, from selecting a duly
licensed member of either profession to render the service, provided
the member has not been removed or suspended from participation in
the program for cause.
   (b) Whenever any person has engaged, or is about to engage, in any
acts or practices that constitute, or will constitute, a violation
of this section, the superior court in and 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 the conduct on
application of the Attorney General, the district attorney of the
county, or any person aggrieved.
   For purposes of this subdivision, "person aggrieved" means the
person who seeks the particular medical or optometric services
mentioned herein, or the holder of any certificate who is
discriminated against in violation of this section.
   (c) Nothing contained in this section shall prohibit any agency
operating a program of services, including, but not limited to, a
program established pursuant to Article 5 (commencing with Section
123800) of Chapter 3 of Part 2 of Division 106 of the Health and
Safety Code or Chapter 10.5 (commencing with Section 6971), Chapter
11 (commencing with Section 7001), or Chapter 11.5 (commencing with
Section 7041) of Division 6 of the Education Code, from preparing
lists of healing arts licensees and requiring patients to select a
licensee on the list as a condition to payment by the program for the
services, except that if the lists are established and a particular
service may be performed by either a physician and surgeon or an
optometrist the list shall contain a sufficient number of licensees
so as to assure the patients an adequate choice.


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