Article 2.7 - Registered Dispensing Ophthalmic Businesses

California Business and Professions Code — §§ 2564.90-2564.94

Sections (5)

Repealed and added by Stats. 2025, Ch. 788, Sec. 15. (SB 776) Effective January 1, 2026.

For purposes of this chapter, “Dispensing Ophthalmic Business” means a person or entity that meets either of the following criteria:

(a)Is engaged in the business of dispensing prescription ophthalmic devices, as defined in Section 2541.

(b)Satisfies both of the following requirements:

(1)Has executed a lease, sublease,

contract, or other written agreement with a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer.

(2)Offers, advertises, or performs optical services for the general public on behalf of a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer.

§ 2564.91

Added by renumbering Section 2551 by Stats. 2021, Ch. 630, Sec. 41. (AB 1534) Effective January 1, 2022.

(a)Individuals, corporations, and firms shall make application for registration and shall not engage in that business defined in Section 2564.90 before being issued a certificate

of registration.

(b)Application for that registration shall be on forms prescribed by the board, shall bear the signature of the individual, or general partners if a partnership, or the president or secretary if a corporation or firm, and shall contain the name under which they propose to do business and the business address.

(c)Corporations and firms shall be organized and exist pursuant to the General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) and shall not be

limited liability companies within the meaning of Title 2.6 of the Corporations Code.

(d)If applicable, the application shall include a list of officers in the corporation, firm, or partnership and a copy of the articles of incorporation submitted to the Secretary of State.

(e)Separate applications shall be made for each place of business and each application shall be accompanied by the application fee prescribed by Section

2565.

§ 2564.92

Added by Stats. 2021, Ch. 630, Sec. 67. (AB 1534) Effective January 1, 2022.

(a)Each application shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inquiries and complaints with respect to the business address for which registration is applied. Any changes to this information shall be reported in writing to the board within 14 days.

(b)The applicant shall furnish such additional information or proof, oral or written, which the board may request, including information and proof relating to the provisions of Division 1.5 (commencing with Section 475).

(c)The board shall promptly notify an applicant if, as of the 30th day following the submission of an application under this chapter, the application and supporting documentation are not substantially complete and in proper form. The notification shall be in writing, shall state specifically what documents or other information are to be supplied by the applicant to the board, and shall be sent to the applicant by certified, electronic, or registered mail. Within 30 days of the applicant’s submission of the requested documents or information to the board, the board shall notify the applicant by certified, electronic, or registered mail if the board requires additional documents or information.

§ 2564.93

Added by Stats. 2021, Ch. 630, Sec. 68. (AB 1534) Effective January 1, 2022.

(a)If the board, after investigation, approves the application, it shall register the applicant and issue to the applicant a certificate of dispensing ophthalmic business. A separate certificate of registration shall be required for each address where the business is to be conducted.

(b)A certificate authorizes the applicant, its agents, and employees, acting therefor, to engage in the business defined in Section 2564.90 provided that the fitting and adjusting of spectacle lenses is

performed in compliance with Article 1.5 (commencing with Section 2559.1) and the fitting and adjusting of contact lenses is performed in compliance with Article 2 (commencing with Section 2560). Only individuals registered with the board pursuant to those sections shall perform those supervisory functions.

§ 2564.94

Added by renumbering Section 2553.1 by Stats. 2021, Ch. 630, Sec. 45. (AB 1534) Effective January 1, 2022.

(a)If a registered dispensing ophthalmic business sells or transfers ownership of their place of business, both of the following requirements shall be satisfied:

(1)The registered dispensing ophthalmic business selling or transferring ownership of the business shall return the certificate of registration to the board no later than 10 calendar days after the change of ownership is completed. This registered dispensing ophthalmic business shall be responsible for complying with all laws relating to the dispensing ophthalmic business until the notice described in paragraph (2) is received by the board.

(2)The

registered dispensing ophthalmic business assuming ownership of the business shall record with the board a written notice of the change of ownership, providing all information required by the board. This notice shall be filed with the board no later than 10 calendar days after the change of ownership is completed.

(3)The registered dispensing ophthalmic business assuming ownership of the business shall apply for a new certificate of registration from the board no later than 10 calendar days after the change of ownership is completed.

(b)This section does not apply to a change of location of business by a registered dispensing optician.