3010.  There is in the Department of Consumer Affairs a State Board
of Optometry in which the enforcement of this chapter is vested.  The
board consists of nine members, three of whom shall be public
members.
   Six members of the board shall constitute a quorum.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).



3011.  Members of the board, except the public members, shall be
appointed only from persons who are registered optometrists of the
State of California and actually engaged in the practice of optometry
at the time of appointment or who are members of the faculty of a
school of optometry.  The public members shall not be a licentiate of
the board or of any other board under this division or of any board
referred to in Sections 1000 and 3600.
   No person, including the public members, shall be eligible to
membership in the board who is a stockholder in or owner of or a
member of the board of trustees of any school of optometry or who
shall be financially interested, directly or indirectly, in any
concern manufacturing or dealing in optical supplies at wholesale.
   No person, including the public members, shall serve as a member
of the board for more than two consecutive terms.
   A member of the faculty of a school of optometry may be appointed
to the board; however, no more than two faculty members of schools of
optometry may be on the board at any one time.  Faculty members of
the board shall not serve as public members.



3012.  No member of the board shall be financially interested in any
purchase or contract in which the board is interested nor shall he
be financially interested in the sale of any property or optical
supplies to any prospective candidate for examination before the
board.



3013.  Each member of the board shall hold office for a term of four
years, and shall serve until the appointment and qualification of
his successor or until one year shall have elapsed since the
expiration of the term for which he was appointed, whichever first
occurs.
   Vacancies occurring shall be filled by appointment for the
unexpired term.
   The Governor shall appoint one of the public members and the six
members qualified as provided in Section 3011.  The Senate Rules
Committee and the Speaker of the Assembly shall each appoint a public
member, and their initial appointment shall be made to fill,
respectively, the first and second public member vacancies which
occur on or after January 1, 1983.


3014.  The board shall organize and elect from its membership a
president, a vice president and a secretary who shall hold office for
one year or until the election and qualification of a successor.



3014.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).



3015.  The executive officer shall keep all the records of the board
and discharge such other duties as the board shall from time to time
prescribe.


3016.  The secretary shall be entitled to his traveling and other
necessary expenses.
   The secretary shall not receive a salary for acting in such
capacity.
   Each member of the board shall receive a per diem and expenses as
provided in Section 103.



3017.  The board shall hold regular meetings at least once a year at
which an examination of applicants for certificates of registration
shall be given.
   Special meetings shall be held upon request of a majority of the
members of the board or upon the call of the president.



3018.  The board shall keep an accurate record of all of its
proceedings and of all its meetings.



3019.  The board shall also keep a record of all prosecutions for
violations of this chapter and of all examinations held for
applicants for certificates of registration together with the names
and addresses of all persons taking examinations and of their success
or failure to pass them.



3020.  The board shall keep an accurate inventory of all property of
the board and of the state in the possession of the board and it
shall obtain a receipt therefor from its successor.



3021.  The board may keep a register of optometrists which shall
contain the names and addresses of all persons to whom certificates
of registration have been issued in the State of California. It shall
also contain the date of the issuance of each certificate and the
place or places of business in which each optometrist is engaged and
in addition, all the renewals, revocations and suspensions of
certificates.
   In each odd-numbered year the board may print and circulate to all
optometrists in this state a yearbook containing their names and
addresses.



3022.  The board shall publish and distribute a syllabus of the
educational requirements and the examination requirements for the
obtainment of a certificate to practice optometry within this State.



3023.  The board may visit and examine schools, colleges and
universities or their divisions or departments in this state which
provide optometric education.
   For the purposes of this chapter, it shall accredit schools,
colleges and universities or their divisions or departments in or out
of this state providing optometric education, which it finds giving
a sufficient program of study for the preparation of optometrists.



3023.1.  After January 1, 1972, the board may adopt such rules and
regulations as are, in its judgment, reasonable and necessary to
insure that optometrists have the knowledge to adequately protect the
public health and safety by establishing  educational requirements
which applicants shall have satisfied for admission to an examination
for certificates of registration as optometrists and by governing
its accreditation of schools, colleges and universities or their
divisions or departments which provide optometric education.  In
promulgating such rules and regulations or in extending its
accreditation, the board may, to the extent that it deems consistent
with the purposes of this chapter, recognize, accept or adopt the
advice, recommendation, accreditation or approval of a nationally
recognized accrediting agency or organization.



3024.  The board may grant or refuse to grant certificates of
registration as provided in this chapter and may revoke or suspend
the certificate of registration of any optometrist for any of the
causes specified in this chapter.
   It shall have the power to administer oaths and to take testimony
in the exercise of these functions.



3025.  The board may make and promulgate rules and regulations
governing procedure of the board, the admission of applicants for
examination for certificates of registration as optometrists, and the
practice of optometry.  All such rules and regulations shall be in
accordance with and not inconsistent with the provisions of this
chapter.  Such rules and regulations shall be adopted, amended, or
repealed in accordance with the provisions of the Administrative
Procedure Act.


3025.5.  The board may adopt regulations prescribing minimum
standards governing the optometric services offered or performed, the
equipment, or the sanitary conditions, in all offices for the
practice of optometry, which are necessary to protect the health and
safety of persons availing themselves of the services offered or
performed in such offices.



3026.  The board may adopt and use a common seal and establish a
permanent office or offices.



3026.5.  In the process of hearing, investigating, and reviewing
complaints, the board shall separate those complaints that concern
the actions of any optometrist acting within the scope of practice as
it existed prior to the effective date of the act adding this
section from complaints relating to an optometrist's actions within
the expanded scope of practice created by the act adding this
section.



3027.  Except as provided by Section 159.5, and in lieu of Section
3016, the board shall employ an executive officer and other necessary
assistance in the carrying out of the provisions of this chapter.
   The executive officer shall perform such duties as are delegated
by the board and shall be responsible to it for the accomplishment of
such duties.  The executive officer shall not be a member of the
board.  With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.  The executive officer
shall be entitled to traveling and other necessary expenses in the
performance of his duties.
   The Attorney General shall act as the legal counsel for the board
and his services shall be a charge against it.



3027.5.  With respect to the practices set forth in subdivisions
(b), (d), and (e) of Section 3041, optometrists diagnosing or
treating eye disease shall be held to the same standard of care to
which physicians and surgeons and osteopathic physicians and surgeons
are held.



3029.  Except as provided in Sections 3129 and 3130, nothing
contained in Section 651.3 shall be construed as authorizing the
board to adopt, amend, or repeal rules and regulations relating to
price fixing or advertising of commodities.