Article 1 - General Provisions

California Business and Professions Code — §§ 2550-2559

Sections (23)

Amended by Stats. 2025, Ch. 788, Sec. 2. (SB 776) Effective January 1, 2026.

For purposes of this chapter, the following definitions shall apply:

(a)“Adjust” and “adjusting” includes the following acts, either singly or in combination with others: adapting or manipulation of the ophthalmic device to fit the face of the consumer, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541, and prescriptions.

(b)“Board” means the California State Board of Optometry.

(c)“Dispensing optician,” “registered dispensing optician,” and “registrant”

mean any of the following individuals that are registered with the board:

(1)“Spectacle lens dispenser” means an individual who is registered with the board pursuant to Article 1.5 (commencing with Section 2559.1).

(2)“Contact lens dispenser” means an individual who is registered with the board pursuant to Article 2 (commencing with Section 2560).

(3)“Nonresident ophthalmic lens dispenser” means an entity that is registered with the board pursuant to Article 2.5 (commencing with Section 2564.70) which offers, advertises, and performs optical services to the general public.

(4)“Registered dispensing ophthalmic business” means an entity that is

registered with the board pursuant to Article 2.7 (commencing with Section

2564.90).

(d)“Fit” and “fitting” mean doing any of the following acts, either singly or in combination with others, before the act of adjusting: designing, taking measurements to determine the size, shape, or specifications, and replacing the prescribed optical aids, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541.

(e)“Ophthalmic lens” or “ophthalmic device” means any prescription lenses, spectacles, eyeglasses, contact lens, other ophthalmic devices that alter or change the visual powers of the human eye, or any prescription plano contact lens ordered by a physician and surgeon or optometrist.

(f)“Prescription” means an order made by a licensed physician and surgeon or licensed optometrist pursuant to Section 2541.1 or 2541.2.

(g)“Unregistered individual” means an individual who is not registered with the board pursuant to this chapter. The unregistered individual may perform any of the following:

(1)Fitting and adjusting of spectacle lenses under the direct responsibility and supervision of a duly registered spectacle lens dispenser pursuant to Section 2559.1.

(2)Fitting and adjusting of contact lenses under the direct responsibility and supervision of a duly registered contact lens dispenser pursuant to Section

2560.

§ 2550.1

Repealed and added by Stats. 2021, Ch. 630, Sec. 40. (AB 1534) Effective January 1, 2022.

The provisions of this chapter shall not apply to an individual who is acting under the direct responsibility and supervision of a physician and surgeon or optometrist, pursuant to Section 2544, in any setting where optometry or ophthalmology is practiced.

§ 2552

Amended by Stats. 2025, Ch. 788, Sec. 3. (SB 776) Effective January 1, 2026.

(a)Each application made pursuant to this chapter 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. An applicant shall report any changes to this information 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 any 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.

(d)An applicant for registration or renewal of registration who possesses

a valid email address shall report that email address to the board at the time of application for registration or renewal.

(e)For purposes of this chapter, “valid email address” has the same meaning as that term is defined in Section 3024.5.

§ 2552.2

Added by Stats. 2021, Ch. 630, Sec. 43. (AB 1534) Effective January 1, 2022.

(a)A citation issued for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall be posted on the front of the place of business of the dispensing optician. The citation shall remain posted until the violation has been corrected. The dispensing optician must also prominently post and make available its notice on any internet website it maintains that provides information about its services.

(b)A dispensing optician that has been issued a citation for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall notify all

optometrists with which it has entered into a lease or other contract within 10 calendar days of being served with the order of abatement.

§ 2553

Amended by Stats. 2021, Ch. 630, Sec. 44. (AB 1534) Effective January 1, 2022.

Each certificate of registration shall be at all times displayed in a conspicuous place at the certified place of business. The certificate shall not be transferable, but on application to the board there may be registered a change of address of the certificate.

§ 2553.5

Amended by Stats. 2025, Ch. 788, Sec. 4. (SB 776) Effective January 1, 2026.

(a)A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations:

(1)A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an employee of that facility.

(2)A business location as defined in subdivision (e) for an employee or independent contractor of the person operating the business at that location.

(3)Any certified place of business pursuant to Section 2564.93.

(b)A registered spectacle lens dispenser who fits and adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in Section 2554.

(c)Nothing in this section shall be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in subdivision (e).

(d)A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the

dispenser is in personal attendance at a certified place of business pursuant to Section 2564.93 at least 40 percent of the dispenser’s regular working hours each week.

(e)“Business location” means the place at which any business employs more than 25 persons at any single business address, but shall not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a certified place of business as specified in Section 2564.93.

(f)This section shall not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560.

§ 2553.6

Amended by Stats. 2021, Ch. 630, Sec. 47. (AB 1534) Effective January 1, 2022.

(a)The board shall deny any application for registration under this chapter if any person licensed as a physician and surgeon, for whom the applicant, in accordance with Section 2564.90,

proposes to fill any prescription, has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest in or with the applicant.

(b)(1) The board may, in accordance with Section 2555, suspend, revoke, or refuse to renew the certificate of any individual or firm under this chapter, if such individual or firm, after the effective date of this section, fills, or has filled, while holding a certificate issued pursuant to this chapter, any prescription issued by any person licensed under Chapter 5 (commencing with Section 2000) who has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest, in or with such individual or firm.

(2)Such penalties shall

be in addition to, and not to the exclusion of, any other remedies or penalties provided by law.

(3)“Proprietary interest,” for the purposes of this section, means any membership, coownership, stock ownership, legal or beneficial interest, any other proprietary interest, or profit-sharing arrangement, designated or arranged or held, directly or indirectly in any form, in or with any individual or firm applying for registration or registered under this chapter, except stock ownership in a corporation which is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through such stock exchange.

(c)This section shall apply only to a dispensing optician required to be registered pursuant to Chapter 5.5 (commencing

with Section 2550) and shall not be construed to modify Section 2557, or to affect the fitting of prescription lenses by an assistant pursuant to Section 2544.

§ 2553.7

Amended by Stats. 2021, Ch. 630, Sec. 48. (AB 1534) Effective January 1, 2022.

(a)Registrations shall expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed.

(b)Except as otherwise provided by Section 114, any registration under this chapter may be renewed at any time within three years after its expiration by filing an application for renewal or reactivation on a form prescribed by the board, paying all accrued and unpaid renewal fees or

reactivation fees as determined by the board and by paying any delinquency fees prescribed by the board. If the registration under this chapter is not renewed three years after its expiration, the registration shall be considered cancelled and may not be reinstated or renewed.

§ 2554

Amended by Stats. 2021, Ch. 630, Sec. 49. (AB 1534) Effective January 1, 2022.

Each registrant shall conspicuously and prominently display at each registered location the following consumer information:

“Eye doctors are required to provide patients with a copy of their ophthalmic lens prescriptions as follows:

Spectacle prescriptions: Release upon completion of exam.

Contact lens prescriptions: Release upon completion of exam or upon completion of the fitting process.

Patients may take their prescription to any eye doctor or registered dispensing optician to be filled.

The California State Board of Optometry regulates optometrists and registered dispensing opticians. The California State Board of Optometry receives and investigates all consumer complaints involving the practice of optometry and registered dispensing opticians. Complaints involving a California-licensed optometrist or a registered dispensing optician should be directed to:

California State Board of Optometry

Department of Consumer Affairs

2450 Del Paso Road, Suite 105

Sacramento, CA 95834

Phone: 1-866-585-2666 or (916) 575-7170

Email: optometry@dca.ca.gov

Internet website:

www.optometry.ca.gov”

§ 2555

Amended by Stats. 2021, Ch. 630, Sec. 50. (AB 1534) Effective January 1, 2022.

Certificates issued under this chapter may in the discretion of the board be suspended or revoked or subjected to terms and conditions of probation for violating or attempting to violate this chapter, Chapter 5.4 (commencing with Section 2540) or any regulation adopted under this chapter or, Chapter 5.4 (commencing with Section 2540), or Section 651, 654, or 655, or for incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or by an employee of the registrant. The proceedings 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 board shall have all the powers granted therein.

§ 2555.1

Amended by Stats. 2021, Ch. 630, Sec. 51. (AB 1534) Effective January 1, 2022.

(a)In the discretion of the board, a certificate issued under this chapter may be suspended or revoked if an individual certificate holder or persons having any proprietary interest who will engage in dispensing operations, have been convicted of a crime substantially related to the qualifications,

functions, and duties of a dispensing optician. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction.

(b)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a dispensing optician is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the

imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

(c)The proceeding 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 board shall have all the powers granted therein.

§ 2555.5

Added by Stats. 2021, Ch. 630, Sec. 52. (AB 1534) Effective January 1, 2022.

The board may take action against any registrant who is charged with unprofessional conduct and may deny an application for a registration if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, all of the following:

(a)Violating, attempting to violate, conspiring to violate, or directly or indirectly assisting in or abetting the violation of any provision of this chapter or any of the rules and regulations adopted by the board pursuant to this chapter.

(b)Gross negligence.

(c)Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions.

(d)Incompetence.

(e)The commission of fraud, misrepresentation, or any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of a registered optician.

(f)Any action or conduct that would have warranted the denial of a registration.

(g)The use of advertising relating to opticianry that violates Section 651 or 17500.

(h)Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care

professional license, registration, or permit by another state or territory of the United States, by any other governmental agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.

(i)Procuring the registrant’s registration by fraud, misrepresentation, or mistake.

(j)Making or giving any false statement or information in connection with the application for issuance of a license.

(k)Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered dispensing optician, in which event the record of the conviction shall be conclusive evidence

thereof.

(l)Administering to oneself any controlled substance or using any of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying for a license or holding a registration under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof.

(m)(1) Committing or soliciting an act punishable as a sexually related crime, if

that act or solicitation is substantially related to the qualifications, functions, or duties of an optician.

(2)Committing any act of sexual abuse, misconduct, or relations with a patient. The commission of and conviction for any act of sexual abuse, sexual misconduct, or attempted sexual misconduct,

whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a registrant. This paragraph shall not apply to sexual contact between any person licensed under this chapter and the registrant’s spouse or person in an equivalent domestic relationship when that registrant provides optometry treatment to the registrant’s spouse or person in an equivalent domestic relationship.

(3)Conviction of a crime that requires the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A conviction described in this paragraph shall be considered a crime substantially

related to the qualifications, functions, or duties of a registrant.

(n)The failure to maintain adequate and accurate records relating to the provision of services to one’s patients.

(o)Performing, or holding oneself out as being able to perform, or offering to perform, any professional services beyond the scope of the license authorized by this chapter.

(p)The practice of functions defined in this chapter without a valid, unrevoked, unexpired registration.

(q)The employing, directly or indirectly, of any suspended or unregistered

individual to perform any work for which an optician registration is required.

(r)Permitting another person to use the registration for any purpose.

(s)Altering with fraudulent intent a registration issued by the

board, or using a fraudulently altered license, permit, certification, or any registration issued by the board.

(t)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from optician to patient, from patient to patient, or from patient to optician. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and

other bloodborne pathogens in health care settings.

(u)Dispensing ophthalmic lenses without a current prescription.

§ 2555.6

Added by Stats. 2025, Ch. 788, Sec. 5. (SB 776) Effective January 1, 2026.

(a)In addition to the board’s authority to deny an application for registration pursuant to Section 2555.5, the board, in its sole discretion, may issue a probationary registration to an applicant subject to terms and conditions, including, but not limited to, any of the following:

(1)Limiting practice to a supervised, structured environment in which the registrant’s activities shall be supervised by another optician registered by the board who is in good standing and is either of the following:

(A)Is registered in an equivalent class as the class the applicant is applying for registration in.

(B)Is a licensed optometrist or physician and surgeon in good standing.

(2)Total or partial restrictions on ophthalmic dispensing privileges.

(3)Continuing medical or psychiatric treatment.

(4)Ongoing participation in a specified rehabilitation program.

(5)Enrollment and successful completion of a clinical training program.

(6)Abstention from the use of alcohol or drugs.

(7)Restrictions against engaging in certain types of optician practices.

(8)Compliance with all provisions of this chapter.

(9)Any other terms and conditions deemed appropriate by the board.

(b)The board may modify or terminate the terms and conditions imposed on the probationary registration if the registrant petitions for modification or termination of terms and conditions of probation. A registrant shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary registration.

§ 2556

Amended by Stats. 2018, Ch. 703, Sec. 22. (SB 1491) Effective January 1, 2019.

(a)Except as authorized by Section 655, it is unlawful for a registered dispensing optician or a person who engages in the business of, or holds himself or herself out to be, a dispensing optician to do any of the following: to advertise the furnishing of, or to furnish, the services of an optometrist or a physician and surgeon, to directly employ an optometrist or physician and surgeon for the purpose of any examination or treatment of the eyes, or to duplicate or change lenses without a prescription or order from a person duly licensed to issue the same. For the purposes of this section, “furnish” does not mean to enter into a landlord-tenant relationship of any kind.

(b)Notwithstanding Section 125.9, the board may, by regulation, impose and issue administrative

fines and citations for a violation of this section or Section 655, which may be assessed in addition to any other applicable fines, citations, or administrative or criminal actions.

§ 2556.1

Amended by Stats. 2021, Ch. 630, Sec. 53. (AB 1534) Effective January 1, 2022.

All licensed optometrists and registered dispensing opticians who are in a colocated setting shall report the business relationship to the California State Board of Optometry, as determined by the board. The California State Board of Optometry shall have the authority to inspect any premises at which the business of a registered dispensing optician is colocated with the practice of an optometrist, for the purposes of determining compliance with Section 655. The inspection may include the review of any written lease agreement between the registered dispensing optician and the optometrist or between the optometrist and the health plan. Failure to comply with the inspection or any request for information by the board may subject the party to disciplinary

action. The board shall provide a copy of its inspection results, if applicable, to the Department of Managed Health Care.

§ 2556.2

Amended by Stats. 2021, Ch. 630, Sec. 54. (AB 1534) Effective January 1, 2022.

(a)Notwithstanding any other law, subsequent to the effective date of this section and until January 1, 2019, any individual, corporation, or firm operating as a registered dispensing optician under this chapter before the effective date of this section, or an employee of such an entity, shall not be subject to any action for engaging in conduct prohibited by Section 2556 or Section 655 as those sections existed prior to the effective date of this bill, except that a registrant shall be subject to discipline for duplicating or changing lenses without a prescription or order from a person duly licensed to issue the same.

(b)Nothing in this section shall be construed to imply or suggest that

a person registered under this chapter is in violation of or in

compliance with the law.

(c)This section shall not apply to any business relationships prohibited by Section 2556 commencing registration or operations on or after the effective date of this section.

(d)Subsequent to the effective date of this section and until January 1, 2019, nothing in this section shall prohibit an individual, corporation, or firm operating as a registered dispensing optician from engaging in a business relationship with an optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) before the effective date of this section at locations registered with the Medical Board of California before the effective date of this section.

(e)This section does not apply to any

administrative action pending, litigation pending, cause for discipline, or cause of action accruing prior to September 1, 2015.

(f)Any registered dispensing optician or optical company that owns a health plan that employs optometrists, subject to this section, shall comply with the following milestones:

(1)By January 1, 2017, 15 percent of its locations shall no longer employ an optometrist.

(2)By August 1, 2017, 45 percent of its locations shall no longer employ an optometrist.

(3)By January 1, 2019, 100 percent of its locations shall no longer employ an optometrist.

(g)Any registered

dispensing optician or optical company that owns a health plan that employs optometrists shall report to the California State Board of Optometry in writing as to whether it has met each of the milestones in subdivision (f) within 30 days of each milestone. The California State Board of Optometry shall provide those reports as soon as it receives them to the director and the Legislature. The report to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

(h)(1) Notwithstanding any other law and in addition to any action available to the California State Board of Optometry, the California State Board of Optometry may issue a citation containing an order of abatement, an order to pay an administrative fine, or both, to an optical company, an optometrist, or a registered dispensing

optician for a violation of this section. The administrative fine shall not exceed fifty thousand dollars ($50,000). In assessing the amount of the fine, the board shall give due consideration to all of the following:

(A) The gravity of the violation.

(B) The good faith of the cited person or entity.

(D) Evidence that the violation was or was not willful.

(E) The extent to which the cited person or entity has cooperated with the board’s investigation.

(F) The extent to

which the cited person or entity has mitigated or attempted to mitigate any damage or injury caused by the violation.

(G) Any other factors as justice may require.

(2)A citation or fine assessment issued pursuant to a citation shall inform the cited person or entity that if a hearing is desired to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(3)The board shall adopt regulations to implement a system for the issuance of citations, administrative fines, and orders of abatement authorized by this section. The regulations shall include provisions for both of the following:

(A)The issuance of a citation without an administrative fine.

(B)The opportunity for a cited person or entity to have an informal conference with the executive officer of the board in addition to the hearing described in paragraph (2).

(4)The failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. Where a citation is not contested and a fine is not paid, the full

amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine.

(5)Notwithstanding any other law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure.

(i)Administrative fines collected pursuant to this section shall be deposited in the Optometry Fund. It is the intent of the Legislature that moneys collected as fines and deposited in the fund be used by the board primarily for enforcement purposes.

§ 2556.5

Added by Stats. 1953, Ch. 1144.

Any person who holds himself out as a “dispensing optician” or “registered dispensing optician” or who uses any other term or letters indicating or implying that he is registered and holds a certificate under the terms of this law without having at the time of so doing a valid, unrevoked certificate, as provided in this chapter, is guilty of a misdemeanor.

§ 2557

Added by Stats. 1939, Ch. 955.

This chapter shall not affect any person licensed as an optometrist under Chapter 7 of Division II of this code, or any physician and surgeon licensed under Chapter 5 of Division II of this code. Such exemption shall not apply to any optometrist or physician and surgeon exclusively engaged in the business of filling prescriptions for physicians and surgeons. This chapter does not prohibit the sale of goggles, sun glasses, colored glasses, or occupational protective eye 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.

§ 2557.1

Added by Stats. 2021, Ch. 630, Sec. 55. (AB 1534) Effective January 1, 2022.

A certificate issued to a registered spectacle or contact lens dispenser may in the discretion of the board 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 board shall have all the

powers granted therein.

§ 2558

Amended by Stats. 2016, Ch. 489, Sec. 20. (SB 1478) Effective January 1, 2017.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment.

The board may adopt, amend, or repeal, in accordance with the Administrative Procedure Act, any regulations as are reasonably necessary to carry out this chapter.

§ 2558.1

Amended by Stats. 2025, Ch. 788, Sec. 6. (SB 776) Effective January 1, 2026.

A registered dispensing optician shall not dispense a spectacle lens or contact lens prescription unless the prescription meets the requirements of Section 2541.1 or 2541.2, as applicable. A registered dispensing optician shall not dispense a spectacle lens prescription after the expiration date of the prescription unless so 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. 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.

§ 2558.2

Added by Stats. 2021, Ch. 630, Sec. 57. (AB 1534) Effective January 1, 2022.

Any individual, corporation, or firm operating as a registered dispensing optician under this chapter who demonstrates a willful disregard for the provisions of this chapter is guilty of a misdemeanor.

§ 2559

Amended by Stats. 2016, Ch. 489, Sec. 21. (SB 1478) Effective January 1, 2017.

Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of any provision of this chapter, or Chapter 5.4 (commencing with Section 2540), 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 such conduct on application of the board, the Attorney General, or the district attorney of the county.

The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.