2009 California Business and Professions Code - Section 2559.1-2559.6 :: Article 1.5. Spectacle Lens Dispensing

2559.1.  On and after January 1, 1988, no individual may fit and
adjust spectacle lenses unless the registration requirement of
Section 2550 is complied with, and unless (1) the individual is a
duly registered spectacle lens dispenser as provided in Section
2559.2 or (2) the individual performs the fitting and adjusting under
the direct responsibility and supervision of a duly registered
spectacle lens dispenser whose certificate of registration is then
conspicuously and prominently displayed on the premises. A
supervising registered dispenser shall be on the registered premises
when an unregistered technician fits and adjusts spectacle lenses,
allowing for usual and customary absences including illness and
vacation.

2559.2.  (a) An individual shall apply for registration as a
registered spectacle lens dispenser on forms prescribed by the
division. The division shall register an individual as a registered
spectacle lens dispenser upon satisfactory proof that the individual
has passed the registry examination of the American Board of
Opticianry or any successor agency to that board. In the event the
division should determine, after hearing, that the registry
examination is not appropriate to determine entry level competence as
a spectacle lens dispenser or is not designed to measure specific
job performance requirements, the division may thereafter prescribe
or administer a written examination that meets those specifications.
If an applicant for renewal has not engaged in the full-time or
substantial part-time practice of fitting and adjusting spectacle
lenses within the last five years then the division may require the
applicant to take and pass the examination referred to in this
section as a condition of registration. Any examination prescribed or
administered by the division shall be given at least twice each year
on dates publicly announced at least 90 days before the examination
dates. The division is authorized to contract for administration of
an examination.
   (b) The division may deny registration where there are grounds for
denial under the provisions of Division 1.5 (commencing with Section
475).
   (c) The division shall issue a certificate to each qualified
individual stating that the individual is a registered spectacle lens
dispenser.
   (d) Any individual who had been approved as a manager of
dispensing operations of a registered dispensing optician under the
provisions of Section 2552 as it existed before January 1, 1988, and
who had not been subject to any disciplinary action under the
provisions of Section 2555.2 shall be exempt from the examination
requirement set forth in this section and shall be issued a
certificate as a registered spectacle lens dispenser, provided an
application for that certificate is filed with the division on or
before December 31, 1989.
   (e) A registered spectacle lens dispenser is authorized to fit and
adjust spectacle lenses at any place of business holding a
certificate of registration under Section 2553 provided that the
certificate of the registered spectacle lens dispenser is displayed
in a conspicuous place at the place of business where he or she is
fitting and adjusting.

2559.3.  A certificate issued to a registered spectacle lens
dispenser may, in the discretion of the division, be suspended or
revoked for violating or attempting to violate any provision of this
chapter or any regulation adopted under this chapter, or for
incompetence, gross negligence, or repeated similar negligent acts
performed by the certificate holder. A certificate may also be
suspended or revoked if the individual certificate holder has been
convicted of a felony as provided in Section 2555.1.
   Any proceedings under this section 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 division
shall have all the powers granted therein.

2559.4.  This article shall not apply to a technician fitting
spectacle lenses in the office of a physician and surgeon or
optometrist pursuant to Section 2544 if the technician is acting
under the direct responsibility and supervision of the physician and
surgeon or optometrist who engages in the practice of fitting
spectacle lenses for his or her patients.

2559.5.  This article shall become operative on January 1, 1988.
However, the division may, prior to that date, accept and process
applications, including the collection of fees, and perform other
functions necessary to implement this article.

2559.6.  No spectacle lens prescription that is issued on or after
January 1, 1999, shall be dispensed unless the prescription meets the
requirements of Section 2541.1. No spectacle lens prescription shall
be dispensed after the expiration date of the prescription unless
authorized pursuant to subdivision (e) of Section 2541.1. A person
violating this section shall not be guilty of a misdemeanor pursuant
to Section 2558. A violation of this section shall be considered
unprofessional conduct by the board that issued the dispenser's
certificate to practice. A registered dispensing optician may defend
this proceeding by establishing that the expiration date of the
prescription was not established consistent with Section 2541.1.
Nothing in this section shall be construed to authorize a registered
dispensing optician to fill a prescription after the expiration date
or to make any judgment regarding the appropriateness of the
expiration date.