3120.  Any person who violates any of the provisions of this chapter
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not less than ten days
nor more than one year, or by a fine of not less than one hundred
dollars nor more than one thousand five hundred dollars, or by both
such fine and imprisonment.



3123.  It is unlawful to alter with fraudulent intent in any
material regard a certificate of registration issued by the board.



3124.  It is unlawful to use or attempt to use any certificate of
registration issued by the board which has been purchased,
fraudulently issued, counterfeited or materially altered, as a valid
certificate of registration.


3125.  It is unlawful to practice optometry under a false or assumed
name, or to use a false or assumed name in connection with the
practice of optometry, or to make use of any false or assumed name in
connection with the name of a person licensed pursuant to this
chapter.  However, the board may issue written permits authorizing an
individual optometrist or an optometric group or optometric
corporation to use a name specified in the permit in connection with
its practice if, and only if, the board finds to its satisfaction
that:
   (a) The place or establishment, or the portion thereof, in which
the applicant or applicants practice, is owned or leased by the
applicant or applicants, and the practice conducted at such place or
establishment, or portion thereof, is wholly owned and entirely
controlled by the applicant or applicants; provided, however, that
where the applicant or applicants are practicing optometry in a
community clinic, as defined in subdivision (a) of Section 1203 of
the Health and Safety Code, this subdivision shall not apply.
   (b) The name under which the applicant or applicants propose to
operate is in the judgment of the board not deceptive or inimical to
enabling a rational choice for the consumer public and contains at
least one of the following designations:  "optometry" or "optometric"
; provided, however, that where the applicant or applicants are
practicing optometry in a community clinic, as defined in subdivision
(a) of Section 1203 of the Health and Safety Code, and is subject to
the name limitations of Title 17, California Administrative Code,
Section 161, this subdivision shall not apply.  In no case shall the
name under which the applicant or applicants propose to operate
contain the name or names of any of the optometrists practicing in
the community clinic.
   (c) The names of all optometrists practicing at the location
designated in the application are displayed in a conspicuous place
for the public to see, not only on such location, but also in any
advertising permitted by law.
   (d) No charges which could result in revocation or suspension of
his certificate to practice optometry are pending against any
optometrist practicing at such location.
   Permits issued under this section by the Board of Optometry shall
expire and become invalid unless renewed at the times and in the
manner provided in Article 7 (commencing with Section 3145) for the
renewal of certificates issued under this chapter.  The board may
charge an annual fee, not to exceed ten dollars ($10) for the
issuance or renewal of each such permit.
   Any permit issued under this section may be revoked or suspended
at any time that the board finds that any one of the requirements for
original issuance of a permit, other than under subdivision (d), is
no longer being fulfilled by the individual optometrist, optometric
corporation, or optometric group to whom the permit was issued.
Proceedings for revocation or suspension shall be governed by the
Administrative Procedure Act.
   In the event the board revokes or suspends the certificate to
practice optometry of an individual optometrist or any member of a
corporation or group to whom a permit has been issued under this
section, such revocation or suspension shall also constitute
revocation or suspension, as the case may be, of such permit.




3126.  It is unlawful to willfully make any false statement in a
material regard in an application for an examination before the board
or for a certificate of registration as an optometrist or any other
license or permit issued by the board.



3127.  It is unlawful to practice optometry in this State without
having at the time of so doing a valid, unrevoked, and unexpired
certificate of registration as an optometrist.



3128.  It is unlawful to advertise by displaying a sign or otherwise
or hold himself out to be an optometrist without having at the time
of so doing a valid unrevoked certificate of registration from the
board.


3129.  It is unlawful to advertise as being free or without cost the
examination or treatment of the eyes or the furnishing of
optometrical services.


3130.  It is unlawful to include in any advertisement relating to
the sale or disposition of goggles, sun-glasses, colored glasses or
occupational eye-protective devices, any words or figures which
advertise or have a tendency to advertise the practice of optometry.

   This section does not prohibit the advertising of the practice of
optometry by a registered optometrist in the manner permitted by law.




3131.  In addition to other proceedings provided for in this
chapter, 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 such conduct on application of the board, the Attorney
General, the district attorney of the county, or on application of 10
or more persons holding certificates issued under this chapter.
   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.



3135.  In accordance with Section 125.9, the board may establish a
system for the issuance of citations, and the assessment of
administrative fines, as deemed appropriate by the board.