2540.  No person other than a physician and surgeon or optometrist
may measure the powers or range of human vision or determine the
accommodative and refractive status of the human eye or the scope of
its functions in general or prescribe ophthalmic or contact lenses,
or plano contact lenses.



2541.  A prescription lens is any device ordered by a physician and
surgeon or optometrist, that alters or changes the visual powers of
the human eye, including, but not limited to, ophthalmic and contact
lenses.  A prescription lens also includes a plano contact lens.



2541.1.  (a) A spectacle lens prescription shall include all of the
following:
   (1) The dioptric power of the lens.  When the prescription needed
by the patient has not changed since the previous examination, the
prescriber may write on the prescription form "copy lenses currently
worn" instead.
   (2) The expiration date of the prescription.
   (3) The date of the issuance of the prescription.
   (4) The name, address, telephone number, prescriber's license
number, and signature of the prescribing optometrist or physician and
surgeon.
   (5) The name of the person to whom the prescription is issued.
   (b) The expiration date of a spectacle lens prescription shall not
be less than two to four years from the date of issuance unless the
patient's history or current circumstances establish a reasonable
probability of changes in the patient's vision of sufficient
magnitude to necessitate reexamination earlier than two years, or
presence or probability of visual abnormalities related to ocular or
systemic disease indicates, the need for reexamination of the patient
earlier than two years.  In no circumstances shall the expiration
date be shorter than the period of time recommended by the prescriber
for reexamination of the patient.  Establishing an expiration date
that is not consistent with this section shall be regarded as
unprofessional conduct by the board that issued the prescriber's
certificate to practice.
   (c) The prescriber of a spectacle lens shall orally inform the
patient of the expiration date of a spectacle lens prescription at
the time the prescription is issued.  The expiration date of a
prescription may be extended by the prescriber and transmitted by
telephone, electronic mail, or any other means of communication.  An
oral prescription for a spectacle lens shall be reduced to writing
and a copy of that writing shall be sent to the prescriber prior to
the delivery of the lenses to the person to whom the prescription is
issued.
   (d) A prescriber of a spectacle lens shall abide by the rules
pertaining to spectacle lens prescriptions and eye examinations
adopted by the Federal Trade Commission found in Part 456 of Title 16
of the Code of Federal Regulations.
   (e) An expired prescription may be filled if all of the following
conditions exist:
   (1) The patient's spectacles are lost, broken, or damaged to a
degree that renders them unusable.
   (2) Upon dispensing a prescription pursuant to this subdivision,
the person dispensing shall recommend that the patient return to the
optometrist or physician and surgeon who issued the prescription for
an eye examination and provide the prescriber with a written
notification of the prescription that was filled.



2541.3.  The State Department of Health Services, the State Board of
Optometry and the Division of Licensing and Division of Medical
Quality of the Medical Board of California shall prepare and adopt
quality standards and adopt regulations relating to prescription
ophthalmic devices, including, but not limited to, lenses, frames,
and contact lenses.  Regulations adopted subsequent to those in
effect on July 1, 1976, shall become operative July 1, 1978.  In
promulgating such rules and regulations, the department and the
boards shall adopt the current standards of the American National
Standards Institute regarding ophthalmic materials.  Nothing in this
section shall prohibit the department and the boards from jointly
adopting subsequent standards which are equivalent or more stringent
than the current standards of the American National Standards
Institute regarding ophthalmic materials.
   No individual or group which deals with prescription ophthalmic
devices, including, but not limited to, distributors, dispensers,
manufacturers, laboratories, optometrists or ophthalmologists shall
sell, dispense, or furnish any prescription ophthalmic device which
does not meet the minimum standards set by the State Department of
Health Services, the State Board of Optometry or the Division of
Licensing and Division of Medical Quality of the Medical Board of
California.
   Any violation of the regulations adopted by the State Department
of Health Services, the State Board of Optometry or the Division of
Licensing and Division of Medical Quality of the Medical Board of
California pursuant to this section shall be a misdemeanor.
   Any optometrist, ophthalmologist, or dispensing optician who
violates the regulations adopted by the State Department of Health
Services, the State Board of Optometry or the Division of Licensing
and Division of Medical Quality of the Medical Board of California
pursuant to this section shall be subject to disciplinary action by
his or her licensing board.
   The State Board of Optometry or the Division of Licensing and
Division of Medical Quality of the Medical Board of California may
send any prescription ophthalmic device to the State Department of
Health Services for testing as to whether or not such device meets
established standards adopted pursuant to this section, which testing
shall take precedence over any other prescription ophthalmic device
testing being conducted by the department. The department may conduct
such testing in its own facilities or may contract with any other
facility to conduct such testing.



2541.6.  Effective January 1, 1977, no prescription ophthalmic
device which does not meet the standards adopted by the State
Department of Health Services, the State Board of Optometry or the
Division of Licensing and Division of Medical Quality of the Medical
Board of California under Section 2541.3 shall be purchased with
state funds.



2542.  A registered dispensing optician shall fit, adjust, or
dispense contact lenses, including plano contact lenses, only on the
valid prescription of a physician and surgeon or optometrist, and
acting on the advice, direction, and responsibility of the physician
and surgeon or optometrist.  The optician shall also comply with the
requirements of Section 2560.  A registered dispensing optician shall
not fit a contact lens or lenses, or a plano contact lens or lenses,
unless the prescription specifically refers to and authorizes
contact lenses.  A registered dispensing optician shall not fit a
generic type of contact lens or mode of wear for a contact lens
contrary to the type or mode, if any, referred to in the
prescription.



2543.  The right to dispense, sell or furnish prescription lenses at
retail or to the person named in a prescription is limited
exclusively to licensed physicians and surgeons, licensed
optometrists, and registered dispensing opticians as provided in this
division.  This section shall not be construed to affect licensing
requirements pursuant to Section 111615 of the Health and Safety
Code.


2544.  An assistant in the office of a physician and surgeon or
optometrist acting under the direct responsibility and supervision of
the physician and surgeon or optometrist may fit prescription
lenses.  Under the direct responsibility and supervision of the
ophthalmologist or optometrist, an assistant in the office of an
ophthalmologist or optometrist may also do the following:
   (a) Prepare patients for examination.
   (b) Collect preliminary patient data, including taking a patient
history.
   (c) Perform simple noninvasive testing of visual acuity, pupils,
and ocular motility.
   (d) Perform automated visual field testing.
   (e) Perform ophthalmic photography and digital imaging.
   (f) Perform tonometry.
   (g) Perform lensometry.
   (h) Perform nonsubjective auto refraction in connection with
subjective refraction procedures performed by an ophthalmologist or
optometrist.
   (i) Administer cycloplegiacs, mydriatics, and topical anesthetics
that are not controlled substances, for ophthalmic purposes.
   (j) Perform pachymetry, keratometry, A scans, B scans, and
electrodiagnostic testing.



2545.  Whenever any person has engaged, or is about to engage, in
any acts or practices which constitute, or will constitute, an
offense against this chapter, 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 the conduct on application of the State Board of
Optometry, the Division of Licensing of the Medical Board of
California, the Osteopathic Medical Board of California, 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.