Section 1583 - Registration Requirements for a Certificate to Operate; Ownership and Operation of Mobile Optometric Offices; Notice of Changes; Abandonment; Grounds for Denial(a) An owner and operator of a mobile optometric office who wishes to offer optometric services at a mobile optometric office in this state shall register with the Board prior to offering services to the public by submitting a completed application as prescribed by this section. An owner and operator shall utilize an online portal designated by the Board to submit the application as provided in subdivision (b) for registration for ownership and operation of mobile optometric offices and upon approval will receive a certificate to operate as an owner and operator of a mobile optometric office.(b) The completed application shall contain the information required in this subdivision and shall be electronically submitted through a web link to the Department of Consumer Affairs' online licensing system entitled "BreEZe" located on the Board's website at: www.optometry.ca.gov. The applicant shall complete the application according to the following requirements: (1) The owner and operator shall first register for a user account by creating a username and password.(2) The owner and operator shall provide the following information under penalty of perjury through BreEZe: (A) Name of the owner and operator's organization (legal name);(B) Owner and operator's primary physical business address, city, state, zip code, and telephone number;(C) Owner and operator address of record, city, state, zip code, telephone number, and website address, if applicable;(D) Name, title, direct telephone number, and email address of the authorized contact person submitting application on behalf of a nonprofit or charitable organization seeking to own and operate a mobile optometric office;(E) A copy of the articles of incorporation or acknowledgment of intent to operate and employer identification number demonstrating the owner and operator is a nonprofit or charitable organization that is exempt from taxation pursuant to Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code. These documents shall be scanned and electronically uploaded to the Board in a PDF format that is attached to the application through BreEZe;(F) A list of all responsible officers or officials in positions of authority, either elected or designated, as determined by the organization (non-profit or charitable organization) and personally identifying information including: 1. Names and titles of the officers or officials;2. Address, city, state, and zip code of the officers or officials; and3. Social security numbers (SSN) or individual taxpayer identification numbers (ITN), business telephone numbers, alternate telephone numbers (if any), and email addresses of each of the officers or officials.(G) Description of the services that will be rendered within the mobile optometric offices;(H) Description of how follow-up care for all patients served by the mobile optometric office(s) will be provided.(I) Electronic Signature: When a signature is required by the particular instructions of any filing to be made through BreEZe, including any attestation under penalty of perjury, an authorized representative of the mobile optometric office shall affix their electronic signature to the filing by typing their name in the signature field and submitting the filing via BreEZe. Submission of a filing in this manner shall constitute evidence of legal signature by any individual whose name is typed in the signature field on the filing.(3) The application for registration for ownership and operation of mobile optometric offices shall be accompanied by the following:(A) The non-refundable fee fixed by the Board pursuant to Section 1524 shall be electronically submitted at the time of registration through BreEZe;(B) Full and complete fingerprints of the applicant's elected or designated responsible officers or officials to the Board for use in conducting criminal background checks through the California Department of Justice and the Federal Bureau of Investigation, in the manner specified, and pursuant to the conditions and requirements set forth, in Section 1585. For the purposes of this section, "responsible officers or officials" means the individuals listed by the applicant as the elected or designated principal officers or officials responsible for the operations of the applicant's organization.(c) The owner and operator of a mobile optometric office shall report to the Board any change in information provided to the Board within fourteen (14) days of the change including, change of primary business address, responsible officers or officials, records location, and the name and license number of the optometrist responsible for directing medical operations.(d) An applicant who fails to complete application requirements to register with the Board within one year after being notified by the Board of deficiencies in its application, shall be deemed to have abandoned the application and shall be required to file a new application and meet all registration requirements in effect at the time of reapplication.(e) An application may be denied if an applicant fails to comply with any of the requirements of this section or Section 3070.2 of the code, or upon the grounds specified in Section 480 of the code. Applicants shall receive written notice of approval or denial from the Board within 60 days from the date the Board receives a completed application. "Completed application" means that all required information, documentation, and fees have been filed by the applicant as required by this article or Section 3070.2 of the code.Cal. Code Regs. Tit. 16, § 1583
Note: Authority cited: Sections 3025, 3041 and 3070.2, Business and Professions Code. Reference: Sections 27, 30, 31, 142, 144, 163.5, 480, 494.5, 2544, 3041, 3041.3, 3055, 3070, 3070.1 and 3070.2, Business and Professions Code; Sections 1633.2, 1633.7 and 1633.9, Civil Code; and Section 16.5, Government Code.
1. New article 13 (sections 1583-1587) and new section filed 10-9-2024; operative 10/9/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 41).