2009 California Business and Professions Code - Section 3010.1-3028 :: Article 2. Administration

3010.1.  Protection of the public shall be the highest priority for
the State Board of Optometry in exercising its licensing, regulatory,
and disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.

3010.5.  (a) There is in the Department of Consumer Affairs a State
Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
   Six members of the board shall constitute a quorum.
   (b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
   (c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).

3011.  Members of the board, except the public members, shall be
appointed only from persons who are registered optometrists of the
State of California and actually engaged in the practice of optometry
at the time of appointment or who are members of the faculty of a
school of optometry. The public members shall not be a licentiate of
the board or of any other board under this division or of any board
referred to in Sections 1000 and 3600.
   No person, including the public members, shall be eligible to
membership in the board who is a stockholder in or owner of or a
member of the board of trustees of any school of optometry or who
shall be financially interested, directly or indirectly, in any
concern manufacturing or dealing in optical supplies at wholesale.
   No person, including the public members, shall serve as a member
of the board for more than two consecutive terms.
   A member of the faculty of a school of optometry may be appointed
to the board; however, no more than two faculty members of schools of
optometry may be on the board at any one time. Faculty members of
the board shall not serve as public members.

3013.  (a) Each member of the board shall hold office for a term of
four years, and shall serve until the appointment and qualification
of his or her successor or until one year shall have elapsed since
the expiration of the term for which he or she was appointed,
whichever first occurs.
   (b) Vacancies occurring shall be filled by appointment for the
unexpired term.
   (c) The Governor shall appoint three of the public members and the
six members qualified as provided in Section 3011. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member.
   (d) No board member serving between January 1, 2000, and June 1,
2002, inclusive, shall be eligible for reappointment.
   (e) For initial appointments made on or after January 1, 2003, one
of the public members appointed by the Governor and two of the
professional members shall serve terms of one year. One of the public
members appointed by the Governor and two of the professional
members shall serve terms of three years. The remaining public member
appointed by the Governor and the remaining two professional members
shall serve terms of four years. The public members appointed by the
Senate Committee on Rules and the Speaker of the Assembly shall each
serve for a term of four years.

3014.  The board shall elect from its membership a president, a vice
president, and a secretary who shall hold office for one year or
until the election and qualification of a successor.

3014.6.  (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
   (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

3016.  Each member of the board shall receive a per diem and
expenses as provided in Section 103.

3017.  The board shall hold regular meetings every calendar quarter.
   Special meetings shall be held upon request of a majority of the
members of the board or upon the call of the president.

3018.  The board shall keep an accurate record of all of its
licensees, proceedings, and meetings.

3019.  The board shall keep a record of all prosecutions for
violations of this chapter and of all applications for licensure and
examination.

3023.  For the purposes of this chapter, the board shall accredit
schools, colleges, and universities in or out of this state providing
optometric education, that it finds giving a sufficient program of
study for the preparation of optometrists.

3024.  The board may grant or refuse to grant certificates of
registration as provided in this chapter and may revoke or suspend
the certificate of registration of any optometrist for any of the
causes specified in this chapter.
   It shall have the power to administer oaths and to take testimony
in the exercise of these functions.

3025.  The board may make and promulgate rules and regulations
governing procedure of the board, the admission of applicants for
examination for certificates of registration as optometrists, and the
practice of optometry. All such rules and regulations shall be in
accordance with and not inconsistent with the provisions of this
chapter. Such rules and regulations shall be adopted, amended, or
repealed in accordance with the provisions of the Administrative
Procedure Act.

3025.1.  The board may adopt rules and regulations that are, in its
judgment, reasonable and necessary to ensure that optometrists have
the knowledge to adequately protect the public health and safety by
establishing educational requirements for admission to the
examination for licensure.

3025.2.  The board may adopt rules and regulations that are, in its
judgment, reasonable and necessary to ensure that optometrists have
the knowledge to adequately protect the public health and safety by
governing its accreditation of schools, colleges, and universities
that provide optometric education. In promulgating these rules and
regulations, or in extending accreditation, the board may, to the
extent that it deems consistent with the purposes of this chapter,
recognize, accept, or adopt the advice, recommendation,
accreditation, or approval of a nationally recognized accrediting
agency or organization.

3025.5.  The board may adopt regulations prescribing minimum
standards governing the optometric services offered or performed, the
equipment, or the sanitary conditions, in all offices for the
practice of optometry, which are necessary to protect the health and
safety of persons availing themselves of the services offered or
performed in such offices.

3025.6.  The board may adopt regulations clarifying the level of
training and the level of supervision of assistants.

3025.7.  Except as provided in Sections 3102 and 3103, nothing
contained in Section 651.3 shall be construed as authorizing the
board to adopt, amend, or repeal rules and regulations relating to
price fixing or advertising of commodities.

3026.  The board may adopt and use a common seal and establish a
permanent office or offices.

3027.  The board shall employ an executive officer and other
necessary assistance in the carrying out of the provisions of this
chapter.
   The executive officer shall perform the duties delegated by the
board and shall be responsible to it for the accomplishment of those
duties. The executive officer shall not be a member of the board.
With the approval of the Director of Finance, the board shall fix the
salary of the executive officer. The executive officer shall be
entitled to traveling and other necessary expenses in the performance
of his duties.

3028.  The Attorney General shall act as the legal counsel for the
board and his or her services shall be a charge against it.