Section 1584 - Renewal Requirements; Certificate to Operate a Mobile Optometric Office; Grounds for Discipline; Reinstatement of Expired Certificate(a) A certificate to operate a mobile optometric office ("certificate to operate") issued by the Board under Section 1583 shall expire two years after the date of issuance unless renewed by the Board prior to its expiration by meeting the requirements in this section.(b) To renew a certificate to operate, an owner and operator of a mobile optometric office shall pay the renewal fee set forth in Section 1524 and certify in writing to the Board that it maintains compliance with the following requirements: (1) Optometric services are provided to patients regardless of the patient's ability to pay;(2) The owner and operator does not accept payment for services other than those provided to Medi-Cal beneficiaries;(3) The medical operations of the mobile optometric office are directed by a licensed optometrist and in every phase are under the exclusive control of the licensed optometrist, including the selection and supervision of optometric staff, the scheduling of patients, the amount of time the optometrist spends with patients, the fees charged for optometric products and services, the examination procedures, the treatment provided to patients, and the follow-up care;(4) The owner and operator of the mobile optometric office provides each patient and, if applicable, the patient's caregiver or guardian, a consumer notice prescribed by the Board in Section 1587 and maintains it in the patient's medical record;(5) Upon request by the patient's caregiver or guardian, the mobile optometric office provides a copy of the prescription made for the patient;(6) Any person who is employed by the owner and operator of the mobile optometric office to drive or transport the vehicle possesses a valid driver's license;(7) The owner and operator of a mobile optometric office maintains records in the manner prescribed by Section 3070.2 of the code and makes them available to the Board upon request for inspection during normal business hours; and(8) A licensed optometrist who is certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the code performs all examinations at the mobile optometric office.(c) Failure to comply with the requirements of this section renders any application for renewal of a certificate to operate incomplete and the certificate will not be renewed until the owner and operator of a mobile optometric office demonstrates compliance with all requirements.(d) In the event an owner and operator of a mobile optometric office does not renew the certificate to operate as provided in this section, the certificate to operate expires and the owner and operator shall be considered unlicensed. An expired certificate to operate may be reinstated and renewed at any time within three years after its expiration if the owner and operator of the mobile optometric office meets the renewal requirements of this section and pays all accrued and unpaid renewal and delinquency fees in Section 1524.(e) In order to remain registered with the Board, the owner and operator of a mobile optometric office shall respond to any inquiries by the Board, submit any documents requested by the Board, provide any information requested by the Board, and cooperate in any investigation conducted by the Board regarding compliance with the Board's requirements, including Section 3070.2 of the code. A response to any Board inquiry or request shall be provided within fourteen (14) days of the Board's written request.(f) Failure to comply with any of the requirements of this Article or Section 3070.2 of the code, or furnishing false, inaccurate, incomplete or misleading information to the Board is considered unprofessional conduct and grounds for disciplinary action against the certificate to operate by the Board. The Board may also take disciplinary action against the owner and operator's certificate to operate on the grounds set forth in Section 3110 of the code for unprofessional conduct committed by the optometrist directing the medical operations of the owner and operator's mobile optometric office(s). Disciplinary actions shall be conducted in accordance with Section 3092 of the code. For purposes of this section, a "disciplinary action" includes revocation, suspension, probation or public reproval.
Cal. Code Regs. Tit. 16, § 1584
Note: Authority cited: Sections 3025, 3041, 3070.2 and 3110, Business and Professions Code. Reference: Sections 142, 144, 163.5, 480, 495, 2544, 3041, 3041.3, 3055, 3070, 3070.1, 3070.2 and 3110, Business and Professions Code.
1. New section filed 10-9-2024; operative 10/9/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 41).