Cal. Code Regs. tit. 16 § 1584.5

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 1584.5 - Mobile Optometric Office Permits
(a) An owner and operator who has been issued a certificate to operate by the Board pursuant to Section 1583 ("certificate to operate") and wishes to obtain a permit for a mobile optometric office shall do the following before beginning operation of each mobile optometric office:
(1) Utilize BreEZe to submit a completed mobile optometric office permit application as provided in subdivision (b) in compliance with this section;
(2) Meet the requirements for providing optometric services at each office as provided in this section and Section 3070.2 of the code; and
(3) Receive written approval from the Board, including issuance of a permit with a unique identifying number as provided in subdivision (c).
(b) The application for mobile optometric office permit shall be completed according to the requirements of this subdivision and shall be electronically submitted through BreEZe. For the application to be deemed complete, the following requirements shall be met:
(1) The owner and operator or responsible representative submitting their application for a mobile optometric office permit shall enter their username and password they created to access BreEZe, as referenced in Section 1584.5(b), and provide the information required by this section.
(2) The owner and operator shall provide the following information under penalty of perjury through BreEZe:
(A) Owner and operator's legal name and certificate to operate number;
(B) Submit a non-refundable registration fee as set forth in Section 1524 for each mobile optometric office;
(C) Identifying information of any licensed optometrist providing services at this mobile optometric office including:
1. Name and optometrist license number;
2. Address of record including city, state, and zip code;
3. If applicable, list the statement of licensure number issued by the Board as required by Section 1506 for each owner of an optometry practice or employees practicing optometry in more than one office;
4. Address of record including city, state, and zip code; and,
5. Direct telephone number.
(D) Mobile optometric office vehicle make, model, and year;
(E) License plate or registration number of the mobile optometric office vehicle;
(F) Information specific to the particular mobile optometric office for which a permit is sought, including;
1. Description of the services to be rendered in the mobile optometric office;
2. Names and license numbers for all optometrists;
3. Names and registration numbers for all opticians who will be providing patient care;
4. Names of any other persons who will be providing patient care as described in Section 2544 of the code;
5. Intended dates of operation;
6. Cities and counties served by the mobile optometric office; and
7. Whether the mobile optometric office has the following;
a. An access ramp or lift or other alternative method, as documented in a written plan, to accommodate patients with access issues;
b. An accessible handwashing facility on the premises. For purposes of this section, "accessible handwashing facilities" means a clean and sanitary sink with clean running water, disinfectant soap, and adequate drying devices such as a towel or electric hand dryer, which is physically separate from a lavatory or bathroom and is accessible to all relevant persons. For purposes of this section, "on the premises" includes accessible facilities that are located at the physical site where the mobile optometric office is providing services.
c. A means of sanitation for optometric equipment.
(G) In addition to the requirements of Section 3070.2 of the code, a mobile optometric office shall also meet the sanitary requirements of Section 1520.
(H) 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.
(c) A separate permit is required for each mobile optometric office operated by each owner and operator with a certificate to operate and no more than twelve permits shall be issued to any owner and operator until after the owner and operator's first renewal period of two years is complete.
(d) Upon approval by the Board, the Board will issue a unique identifying number for each permit. A registrant shall include this number in all correspondence, quarterly reports, or any other communication with the Board. In addition, the unique identifying number for each permit shall be included in all forms of advertisement, solicitation, or other presentments made to the public in connection with the rendition of optometric services at each mobile optometric office, including any advertisement, card, letterhead, telephone listing, Internet Web site, written solicitation or communications to a prospective patient or patients, or contract proposal. For purposes of advertisement, solicitations, and other presentments to the public, a registrant may include any and all permit numbers of the potential mobile optometric offices servicing the location.
(e) Each mobile optometric office permit shall be effective until the expiration date of the owner and operator's certificate to operate.
(f) To renew a mobile optometric office permit, an owner and operator shall pay the renewal fee for each mobile optometric office in Section 1524 and attest in writing to the Board to compliance with the requirements as set forth in Section 3070.2 of the code prior to the expiration of the permit. Renewal shall run concurrently with the owner and operator's certificate to operate and, upon expiration, may be reinstated in accordance with the provisions in Section 1584.

Cal. Code Regs. Tit. 16, § 1584.5

Note: Authority cited: Sections 137, 3025, 3041 and 3070.2, Business and Professions Code. Reference: Sections 27, 30, 31, 136, 137 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 section filed 10-9-2024; operative 10/9/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 41).