State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 3040-3060

BUSINESS AND PROFESSIONS CODE
SECTION 3040-3060



3040.  It is unlawful for a person to engage in the practice of
optometry or to display a sign or in any other way to advertise or
hold himself or herself out as an optometrist without having first
obtained a certificate of registration from the board under the
provisions of this chapter or under the provisions of any former act
relating to the practice of optometry. The practice of optometry
includes the performing or controlling of any acts set forth in
Section 3041.
   In any prosecution for a violation of this section, the use of
test cards, test lenses, or of trial frames is prima facie evidence
of the practice of optometry.


3041.  (a) The practice of optometry includes the prevention and
diagnosis of disorders and dysfunctions of the visual system, and the
treatment and management of certain disorders and dysfunctions of
the visual system, as well as the provision of rehabilitative
optometric services, and is the doing of any or all of the following:
   (1) The examination of the human eye or eyes, or its or their
appendages, and the analysis of the human vision system, either
subjectively or objectively.
   (2) The determination of the powers or range of human vision and
the accommodative and refractive states of the human eye or eyes,
including the scope of its or their functions and general condition.
   (3) The prescribing or directing the use of, or using, any optical
device in connection with ocular exercises, visual training, vision
training, or orthoptics.
   (4) The prescribing of contact and spectacle lenses for, or the
fitting or adaptation of contact and spectacle lenses to, the human
eye, including lenses that may be classified as drugs or devices by
any law of the United States or of this state.
   (5) The use of topical pharmaceutical agents for the purpose of
the examination of the human eye or eyes for any disease or
pathological condition.
   (b) (1) An optometrist who is certified to use therapeutic
pharmaceutical agents, pursuant to Section 3041.3, may also diagnose
and treat the human eye or eyes, or any of its or their appendages,
for all of the following conditions:
   (A) Through medical treatment, infections of the anterior segment
and adnexa, excluding the lacrimal gland, the lacrimal drainage
system, and the sclera in patients under 12 years of age.
   (B) Ocular allergies of the anterior segment and adnexa.
   (C) Ocular inflammation, nonsurgical in cause except when
comanaged with the treating physician and surgeon, limited to
inflammation resulting from traumatic iritis, peripheral corneal
inflammatory keratitis, episcleritis, and unilateral nonrecurrent
nongranulomatous idiopathic iritis in patients over 18 years of age.
Unilateral nongranulomatous idiopathic iritis recurring within one
year of the initial occurrence shall be referred to an
ophthalmologist. An optometrist shall consult with an ophthalmologist
or appropriate physician and surgeon if a patient has a recurrent
case of episcleritis within one year of the initial occurrence. An
optometrist shall consult with an ophthalmologist or appropriate
physician and surgeon if a patient has a recurrent case of peripheral
corneal inflammatory keratitis within one year of the initial
occurrence.
   (D) Traumatic or recurrent conjunctival or corneal abrasions and
erosions.
   (E) Corneal surface disease and dry eyes.
   (F) Ocular pain, nonsurgical in cause except when comanaged with
the treating physician and surgeon, associated with conditions
optometrists are authorized to treat.
   (G) Pursuant to subdivision (f), glaucoma in patients over 18
years of age, as described in subdivision (j).
   (2) For purposes of this section, "treat" means the use of
therapeutic pharmaceutical agents, as described in subdivision (c),
and the procedures described in subdivision (e).
   (c) In diagnosing and treating the conditions listed in
subdivision (b), an optometrist certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3 may use all of the
following therapeutic pharmaceutical agents:
   (1) Pharmaceutical agents as described in paragraph (5) of
subdivision (a), as well as topical miotics.
   (2) Topical lubricants.
   (3) Antiallergy agents. In using topical steroid medication for
the treatment of ocular allergies, an optometrist shall consult with
an ophthalmologist if the patient's condition worsens 21 days after
diagnosis.
   (4) Topical and oral antiinflammatories. In using steroid
medication for:
   (A) Unilateral nonrecurrent nongranulomatous idiopathic iritis or
episcleritis, an optometrist shall consult with an ophthalmologist or
appropriate physician and surgeon if the patient's condition worsens
72 hours after the diagnosis, or if the patient's condition has not
resolved three weeks after diagnosis. If the patient is still
receiving medication for these conditions six weeks after diagnosis,
the optometrist shall refer the patient to an ophthalmologist or
appropriate physician and surgeon.
   (B) Peripheral corneal inflammatory keratitis, excluding Moorens
and Terriens diseases, an optometrist shall consult with an
ophthalmologist or appropriate physician and surgeon if the patient's
condition worsens 72 hours after diagnosis.
   (C) Traumatic iritis, an optometrist shall consult with an
ophthalmologist or appropriate physician and surgeon if the patient's
condition worsens 72 hours after diagnosis and shall refer the
patient to an ophthalmologist or appropriate physician and surgeon if
the patient's condition has not resolved one week after diagnosis.
   (5) Topical antibiotic agents.
   (6) Topical hyperosmotics.
   (7) Topical and oral antiglaucoma agents pursuant to the
certification process defined in subdivision (f).
   (A) The optometrist shall refer the patient to an ophthalmologist
if requested by the patient or if angle closure glaucoma develops.
   (B) If the glaucoma patient also has diabetes, the optometrist
shall consult with the physician treating the patient's diabetes in
developing the glaucoma treatment plan and shall inform the physician
in writing of any changes in the patient's glaucoma medication.
   (8) Nonprescription medications used for the rational treatment of
an ocular disorder.
   (9) Oral antihistamines.
   (10) Prescription oral nonsteroidal antiinflammatory agents.
   (11) Oral antibiotics for medical treatment of ocular disease.
   (A) If the patient has been diagnosed with a central corneal ulcer
and the central corneal ulcer has not improved 48 hours after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
   (B) If the patient has been diagnosed with preseptal cellulitis or
dacryocystitis and the condition has not improved 48 hours after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
   (12) Topical and oral antiviral medication for the medical
treatment of the following: herpes simplex viral keratitis, herpes
simplex viral conjunctivitis, and periocular herpes simplex viral
dermatitis; and varicella zoster viral keratitis, varicella zoster
viral conjunctivitis, and periocular varicella zoster viral
dermatitis.
   (A) If the patient has been diagnosed with herpes simplex
keratitis or varicella zoster viral keratitis and the patient's
condition has not improved seven days after diagnosis, the
optometrist shall refer the patient to an ophthalmologist. If a
patient's condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (B) If the patient has been diagnosed with herpes simplex viral
conjunctivitis, herpes simplex viral dermatitis, varicella zoster
viral conjunctivitis, or varicella zoster viral dermatitis, and if
the patient's condition worsens seven days after diagnosis, the
optometrist shall consult with an ophthalmologist. If the patient's
condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
   (13) Oral analgesics that are not controlled substances.
   (14) Codeine with compounds and hydrocodone with compounds as
listed in the California Uniform Controlled Substances Act (Division
10 (commencing with Section 11000) of the Health and Safety Code) and
the United States Uniform Controlled Substances Act (21 U.S.C. Sec.
801 et seq.). The use of these agents shall be limited to three days,
with a referral to an ophthalmologist if the pain persists.
   (d) In any case where this chapter requires that an optometrist
consult with an ophthalmologist, the optometrist shall maintain a
written record in the patient's file of the information provided to
the ophthalmologist, the ophthalmologist's response, and any other
relevant information. Upon the consulting ophthalmologist's request
and with the patient's consent, the optometrist shall furnish a copy
of the record to the ophthalmologist.
   (e) An optometrist who is certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3 may also perform all
of the following:
   (1) Corneal scraping with cultures.
   (2) Debridement of corneal epithelia.
   (3) Mechanical epilation.
   (4) Venipuncture for testing patients suspected of having
diabetes.
   (5) Suture removal, with prior consultation with the treating
physician and surgeon.
   (6) Treatment or removal of sebaceous cysts by expression.
   (7) Administration of oral fluorescein to patients suspected as
having diabetic retinopathy.
   (8) Use of an auto-injector to counter anaphylaxis.
   (9) Ordering of smears, cultures, sensitivities, complete blood
count, mycobacterial culture, acid fast stain, urinalysis, and X-rays
necessary for the diagnosis of conditions or diseases of the eye or
adnexa. An optometrist may order other types of images subject to
prior consultation with an ophthalmologist or appropriate physician
and surgeon.
   (10) Punctal occlusion by plugs, excluding laser, diathermy,
cryotherapy, or other means constituting surgery as defined in this
chapter.
   (11) The prescription of therapeutic contact lenses, including
lenses or devices that incorporate a medication or therapy the
optometrist is certified to prescribe or provide.
   (12) Removal of foreign bodies from the cornea, eyelid, and
conjunctiva with any appropriate instrument other than a scalpel or
needle. Corneal foreign bodies shall be nonperforating, be no deeper
than the midstroma, and require no surgical repair upon removal.
   (13) For patients over 12 years of age, lacrimal irrigation and
dilation, excluding probing of the nasal lacrimal tract. The board
shall certify any optometrist who graduated from an accredited school
of optometry before May 1, 2000, to perform this procedure after
submitting proof of satisfactory completion of 10 procedures under
the supervision of an ophthalmologist as confirmed by the
ophthalmologist. Any optometrist who graduated from an accredited
school of optometry on or after May 1, 2000, shall be exempt from the
certification requirement contained in this paragraph.
   (f) The board shall grant a certificate to an optometrist
certified pursuant to Section 3041.3 for the treatment of glaucoma,
as described in subdivision (j), in patients over 18 years of age
after the optometrist meets the following applicable requirements:
   (1) For licensees who graduated from an accredited school of
optometry on or after May 1, 2008, submission of proof of graduation
from that institution.
   (2) For licensees who were certified to treat glaucoma under this
section prior to January 1, 2009, submission of proof of completion
of that certification program.
   (3) For licensees who have substantially completed the
certification requirements pursuant to this section in effect between
January 1, 2001, and December 31, 2008, submission of proof of
completion of those requirements on or before December 31, 2009.
"Substantially completed" means both of the following:
   (A) Satisfactory completion of a didactic course of not less than
24 hours in the diagnosis, pharmacological, and other treatment and
management of glaucoma.
   (B) Treatment of 50 glaucoma patients with a collaborating
ophthalmologist for a period of two years for each patient that will
conclude on or before December 31, 2009.
   (4) For licensees who completed a didactic course of not less than
24 hours in the diagnosis, pharmacological, and other treatment and
management of glaucoma, submission of proof of satisfactory
completion of the case management requirements for certification
established by the board pursuant to Section 3041.10.
   (5) For licensees who graduated from an accredited school of
optometry on or before May 1, 2008, and not described in paragraph
(2), (3), or (4), submission of proof of satisfactory completion of
the requirements for certification established by the board pursuant
to Section 3041.10.
   (g) Other than for prescription ophthalmic devices described in
subdivision (b) of Section 2541, any dispensing of a therapeutic
pharmaceutical agent by an optometrist shall be without charge.
   (h) The practice of optometry does not include performing surgery.
"Surgery" means any procedure in which human tissue is cut, altered,
or otherwise infiltrated by mechanical or laser means. "Surgery"
does not include those procedures specified in subdivision (e).
Nothing in this section shall limit an optometrist's authority to
utilize diagnostic laser and ultrasound technology within his or her
scope of practice.
   (i) An optometrist licensed under this chapter is subject to the
provisions of Section 2290.5 for purposes of practicing telemedicine.
   (j) For purposes of this chapter, "glaucoma" means either of the
following:
   (1) All primary open-angle glaucoma.
   (2) Exfoliation and pigmentary glaucoma.
   (k) In an emergency, an optometrist shall stabilize, if possible,
and immediately refer any patient who has an acute attack of angle
closure to an ophthalmologist.



3041.1.  With respect to the practices set forth in subdivisions
(b), (d), and (e) of Section 3041, optometrists diagnosing or
treating eye disease shall be held to the same standard of care to
which physicians and surgeons and osteopathic physicians and surgeons
are held.



3041.2.  (a) The State Board of Optometry shall by regulation,
establish educational and examination requirements for licensure to
insure the competence of optometrists to practice pursuant to
subdivision (a) of Section 3041. Satisfactory completion of the
educational and examination requirements shall be a condition for the
issuance of an original certificate of registration under this
chapter, on and after January 1, 1980. Only those optometrists who
have successfully completed educational and examination requirements
as determined by the State Board of Optometry shall be permitted the
use of pharmaceutical agents specified by subdivision (a) of Section
3041.
   (b) Nothing in this section shall authorize an optometrist issued
an original certificate under this chapter before January 1, 1996, to
use or prescribe therapeutic pharmaceutical agents specified in
subdivision (d) of Section 3041 without otherwise meeting the
requirements of Section 3041.3.



3041.3.  (a) In order to be certified to use therapeutic
pharmaceutical agents and authorized to diagnose and treat the
conditions listed in subdivisions (b), (d), and (e) of Section 3041,
an optometrist shall apply for a certificate from the board and meet
all requirements imposed by the board.
   (b) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry prior to January 1, 1996,
is licensed as an optometrist in California, and meets all of the
following requirements:
   (1) Satisfactorily completes a didactic course of no less than 80
classroom hours in the diagnosis, pharmacological, and other
treatment and management of ocular disease provided by either an
accredited school of optometry in California or a recognized
residency review committee in ophthalmology in California.
   (2) Completes a preceptorship of no less than 65 hours, during a
period of not less than two months nor more than one year, in either
an ophthalmologist's office or an optometric clinic. The training
received during the preceptorship shall be on the diagnosis,
treatment, and management of ocular, systemic disease. The preceptor
shall certify completion of the preceptorship. Authorization for the
ophthalmologist to serve as a preceptor shall be provided by an
accredited school of optometry in California, or by a recognized
residency review committee in ophthalmology, and the preceptor shall
be licensed as an ophthalmologist in California, board-certified in
ophthalmology, and in good standing with the Medical Board of
California. The individual serving as the preceptor shall schedule no
more than three optometrist applicants for each of the required 65
hours of the preceptorship program. This paragraph shall not be
construed to limit the total number of optometrist applicants for
whom an individual may serve as a preceptor, and is intended only to
ensure the quality of the preceptorship by requiring that the
ophthalmologist preceptor schedule the training so that each
applicant optometrist completes each of the 65 hours of the
preceptorship while scheduled with no more than two other optometrist
applicants.
   (3) Successfully completes a minimum of 20 hours of self-directed
education.
   (4) Passes the National Board of Examiners in Optometry's
"Treatment and Management of Ocular Disease" examination or, in the
event this examination is no longer offered, its equivalent, as
determined by the State Board of Optometry.
   (5) Passes the examination issued upon completion of the 80-hour
didactic course required under paragraph (1) and provided by the
accredited school of optometry or residency program in ophthalmology.
   (6) When any or all of the requirements contained in paragraph
(1), (4), or (5) have been satisfied on or after July 1, 1992, and
before January 1, 1996, an optometrist shall not be required to
fulfill the satisfied requirements in order to obtain certification
to use therapeutic pharmaceutical agents. In order for this paragraph
to apply to the requirement contained in paragraph (5), the didactic
examination that the applicant successfully completed shall meet
equivalency standards, as determined by the board.
   (7) Any optometrist who graduated from an accredited school of
optometry on or after January 1, 1992, and before January 1, 1996,
shall not be required to fulfill the requirements contained in
paragraphs (1), (4), and (5).
   (c) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry on or after January 1,
1996, who is licensed as an optometrist in California, and who meets
all of the following requirements:
   (1) Passes the National Board of Examiners in Optometry's national
board examination, or its equivalent, as determined by the State
Board of Optometry.
   (2) Of the total clinical training required by a school of
optometry's curriculum, successfully completed at least 65 of those
hours on the diagnosis, treatment, and management of ocular, systemic
disease.
   (3) Is certified by an accredited school of optometry as competent
in the diagnosis, treatment, and management of ocular, systemic
disease to the extent authorized by this section.
   (4) Is certified by an accredited school of optometry as having
completed at least 10 hours of experience with a board-certified
ophthalmologist.
   (d) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who is an optometrist who
obtained his or her license outside of California if he or she meets
all of the requirements for an optometrist licensed in California to
be certified to use therapeutic pharmaceutical agents.
   (1) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and graduated from an accredited school
of optometry prior to January 1, 1996, shall be required to fulfill
the requirements set forth in subdivision (b). In order for the
applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received at the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry in
California for persons who graduate before January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (b) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
   (2) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and who graduated from an accredited
school of optometry on or after January 1, 1996, shall be required to
fulfill the requirements set forth in subdivision (c). In order for
the applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received by the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry for
persons who graduate on or after January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (c) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
   (3) The State Board of Optometry shall decide all issues relating
to the equivalency of an optometrist's education or training under
this subdivision.



3042.  The provisions of this chapter do not prevent a licensed
physician and surgeon from treating or fitting glasses to the human
eye, or from doing any act within the practice of optometry, or a
licensed physician and surgeon or optometrist from filling
prescriptions or orders, nor do they prevent the replacing,
duplicating or repairing of ophthalmic lenses, frames, or fittings by
persons qualified to write or fill prescriptions or orders under the
provisions of this chapter, nor prevent the doing of the mechanical
work upon those lenses, frames, or fittings by an assistant, nor
prevent an assistant acting under the responsibility and direction of
a physician and surgeon or an optometrist from using any optical
device in connection with ocular exercises, vision training, or
orthoptics, or acts set forth in Section 2544.
   It is unlawful for a person to dispense, replace, or duplicate an
ophthalmic lens without a prescription or order from a licensed
physician and surgeon or optometrist.



3042.5.  (a) The practice of persons actually enrolled as
undergraduate or graduate students of optometry in the clinical
departments of schools or colleges of optometry accredited by the
board shall be exempt from the provisions of this chapter; provided,
however, that such practice shall be entirely confined to the
operations of the clinical department of the accredited school or
college of optometry and shall be carried on only in pursuing the
study of optometry.
   (b) The board may grant, for specified periods, exemption from the
provisions of this chapter to any person who is licensed in another
state or country and who is employed as a clinician or instructor by
an accredited school or college of optometry. Such exemption from the
provisions of this chapter shall extend only to practice which is
conducted for educational purposes and which is confined to the
clinical department of the accredited school or college employing the
person to whom the exemption is granted.



3043.  The provisions of this chapter do not prohibit the sale of
goggles, sun glasses, colored glasses or occupational eye-protective
devices if they do not have refractive values nor do the provisions
of this chapter prohibit the sale of complete ready to wear
eyeglasses as merchandise by any person not holding himself out as
competent to examine, test or prescribe for the human eye or its
refractive errors.



3044.  A person over the age of 18 years desiring to engage in the
practice of optometry in this state may file an application for
examination and an application for licensure. The application shall
be accompanied by the fee required by this chapter.




3045.  Applications shall be verified by the oath of the applicant
and shall contain information and evidence satisfactory to the board
showing the eligibility of the applicant.



3046.  In order to obtain a license to practice optometry in
California, an applicant shall have graduated from an accredited
school of optometry, passed the required examinations for licensure,
and not have met any of the grounds for denial established in Section
480. The proceedings under this section shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.



3051.  All applicants for examination for a certificate of
registration in accordance with the educational and examination
requirements adopted pursuant to Section 3023.1 shall show the board
by satisfactory evidence that he or she has received education in
child abuse detection and the detection of alcoholism and other
chemical substance dependency. This section shall apply only to
applicants who matriculate in a school of optometry on or after
September 1, 1997.


3053.  All examinations shall be practical in character, designed to
ascertain applicants' fitness to practice the profession of
optometry and conducted in the English language. The board may by
rule or regulation accept the examination given by other agencies or
organizations which it deems equivalent to the examination required
to determine an applicant's fitness to practice optometry.



3054.  The passing grades for the licensure examination shall be
based on psychometrically sound principles of establishing minimum
qualifications and levels of competency. If an applicant fails to
pass any section of the examination, he or she may be examined in any
succeeding examination held during the next five years only in those
sections in which he or she failed to obtain a passing grade.



3055.  The board shall issue a license to an applicant who meets the
requirements of this chapter, including the payment of the
prescribed licensure, certification, or renewal fee, and who meets
any other requirement in accordance with state law. A license or
certificate issued under the chapter shall be subject to renewal as
prescribed by the board and shall expire unless renewed in that
manner. The board may provide for the late renewal of a license or
certificate as provided for in Section 163.5.



3056.  (a) The board may issue a license to practice optometry to a
person who meets all of the following qualifications:
   (1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
   (2) Is currently licensed in another state.
   (3) Is currently a full-time faculty member of an accredited
California school or college of optometry and has served in that
capacity for a period of at least five continuous years.
   (4) Has attained, at an accredited California school or college of
optometry, the academic rank of professor, associate professor, or
clinical professor, except that the status of adjunct or affiliated
faculty member shall not be deemed sufficient.
   (5) Has successfully passed the board's jurisprudence examination.
   (6) Is in good standing, with no past or pending malpractice
awards or judicial or administrative actions.
   (7) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
   (8) Has met the requirements of Section 3041.3 regarding the use
of therapeutic pharmaceutical agents under subdivision (e) of Section
3041.
   (9) Has never had his or her license to practice optometry revoked
or suspended.
   (10) Is not subject to denial based on any of the grounds listed
in Section 480.
   (11) Pays an application fee in an amount equal to the application
fee prescribed by the board pursuant to Section 3152.
   (12) Files an application on a form prescribed by the board.
   (b) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
   (c) The term "in good standing," as used in this section, means
that a person under this section:
   (1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
   (2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.




3057.  (a) The board may issue a license to practice optometry to a
person who meets all of the following requirements:
   (1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
   (2) Has successfully passed the licensing examination for an
optometric license in another state.
   (3) Submits proof that he or she is licensed in good standing as
of the date of application in every state where he or she holds a
license, including compliance with continuing education requirements.
   (4) Submits proof that he or she has been in active practice in a
state in which he or she is licensed for a total of at least 5,000
hours in five of the seven consecutive years immediately preceding
the date of his or her application under this section.
   (5) Is not subject to disciplinary action as set forth in
subdivision (h) of Section 3110. If the person has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of this chapter to
warrant the submission of additional information from the person or
the denial of the application for licensure.
   (6) Has furnished a signed release allowing the disclosure of
information from the Healthcare Integrity and Protection Data Bank
and, if applicable, the verification of registration status with the
federal Drug Enforcement Administration. The board shall review this
information to determine if it presents sufficient evidence of a
violation of this chapter to warrant the submission of additional
information from the person or the denial of the application for
licensure.
   (7) Has never had his or her license to practice optometry revoked
or suspended.
   (8) Is not subject to denial of an application for licensure based
on any of the grounds listed in Section 480.
   (9) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
   (10) Has met the certification requirements of Section 3041.3 to
use therapeutic pharmaceutical agents under subdivision (e) of
Section 3041.
   (11) Submits any other information as specified by the board to
the extent it is required for licensure by examination under this
chapter.
   (12) Files an application on a form prescribed by the board, with
an acknowledgment by the person executed under penalty of perjury and
automatic forfeiture of license, of the following:
   (A) That the information provided by the person to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the person has not been convicted of an offense involving
conduct that would violate Section 810.
   (13) Pays an application fee in an amount equal to the application
fee prescribed pursuant to subdivision (a) of Section 3152.
   (14) Has successfully passed the board's jurisprudence
examination.
   (b) If the board finds that the competency of a candidate for
licensure pursuant to this section is in question, the board may
require the passage of a written, practical, or clinical exam or
completion of additional continuing education or coursework.
   (c) In cases where the person establishes, to the board's
satisfaction, that he or she has been displaced by a federally
declared emergency and cannot relocate to his or her state of
practice within a reasonable time without economic hardship, the
board is authorized to do both of the following:
   (1) Approve an application where the person's time in active
practice is less than that specified in paragraph (4) of subdivision
(a), if a sufficient period in active practice can be verified by the
board and all other requirements of subdivision (a) are satisfied by
the person.
   (2) Reduce or waive the fees required by paragraph (13) of
subdivision (a).
   (d) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
   (e) The term "in good standing," as used in this section, means
that a person under this section:
   (1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
   (2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.



3057.5.  Notwithstanding any other provision of this chapter, the
board shall permit a person who meets all of the following
requirements to take the examinations for a certificate of
registration as an optometrist:
   (a) Is over the age of 18 years.
   (b) Is not subject to denial of a certificate under Section 480.
   (c) Has a degree as a doctor of optometry issued by a university
located outside of the United States.



3059.  (a) It is the intent of the Legislature that the public
health and safety would be served by requiring all holders of
licenses to practice optometry granted under this chapter to continue
their education after receiving their licenses. The board shall
adopt regulations that require, as a condition to the renewal
thereof, that all holders of licenses submit proof satisfactory to
the board that they have informed themselves of the developments in
the practice of optometry occurring since the original issuance of
their licenses by pursuing one or more courses of study satisfactory
to the board or by other means deemed equivalent by the board.
   (b) The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for reasons of
health, military service, or other good cause.
   (c) If for good cause compliance cannot be met for the current
year, the board may grant exemption of compliance for that year,
provided that a plan of future compliance that includes current
requirements as well as makeup of previous requirements is approved
by the board.
   (d) The board may require that proof of compliance with this
section be submitted on an annual or biennial basis as determined by
the board.
   (e) An optometrist certified to use therapeutic pharmaceutical
agents pursuant to Section 3041.3 shall complete a total of 50 hours
of continuing education every two years in order to renew his or her
certificate. Thirty-five of the required 50 hours of continuing
education shall be on the diagnosis, treatment, and management of
ocular disease in any combination of the following areas:
   (1) Glaucoma.
   (2) Ocular infection.
   (3) Ocular inflammation.
   (4) Topical steroids.
   (5) Systemic medication.
   (6) Pain medication.
   (f) The board shall encourage every optometrist to take a course
or courses in pharmacology and pharmaceuticals as part of his or her
continuing education.
   (g) The board shall consider requiring courses in child abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected
children.
   (h) The board shall consider requiring courses in elder abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected elder
persons.


3060.  The board shall periodically develop and disseminate to all
persons licensed to practice optometry information and educational
material regarding all of the following:
   (a) The detection of child abuse and neglect. The board shall
consult with the Office of Child Abuse Prevention in developing the
materials distributed pursuant to this subdivision.
   (b) The detection of elder abuse and neglect. The board shall
consult with the Adult Protective Services Division of the State
Department of Social Services in developing the materials distributed
pursuant to this subdivision.