3145.  There is the Optometry Fund in the State Treasury.  Unless
otherwise provided, all money collected under the authority of this
chapter shall be paid into this fund.  The board shall not maintain a
reserve balance in the fund that is greater than six months of the
appropriated operating expenses of the board in any fiscal year.




3145.5.  Administrative fines collected pursuant to Section 3135
shall be deposited in the Optometry Fund.  It is the legislative
intent that moneys collected as fines and deposited in the fund be
used by the board primarily for enforcement purposes.




3146.  A certificate issued under this chapter expires at 12 p.m. on
the last day of the certificate holder's birth month following its
original issuance and thereafter at 12 p.m. on the last day of the
certificate holder's birth month every two years if not renewed.  To
renew an unexpired certificate, the certificate holder shall, before
the time that the certificate would otherwise expire, apply for
renewal on a form prescribed by the board and pay the renewal fee
prescribed by this chapter.



3147.  Except as otherwise provided by Section 114 of this code, an
expired certificate may be renewed at any time within three years
after its expiration on filing of an application for renewal on a
form prescribed by the board, and payment of all accrued and unpaid
renewal fees.  If the certificate is renewed more than 30 days after
its expiration, the certificate holder as a condition precedent to
renewal, shall also pay the delinquency fee prescribed by this
chapter.  Renewal under this section shall be effective on the date
on which the application is filed, on the date on which the accrued
renewal fees are paid, or on the date on which the delinquency fee,
if any, is paid, whichever last occurs. If so renewed, the
certificate shall continue in effect through the date provided in
Section 3146 which next occurs after the effective date of the
renewal, when it shall expire if it is not renewed.
   A certificate which, under the law in effect before October 1,
1961, became suspended because of the failure of its holder to renew
it, shall, for the purposes of this article, be considered to have
expired on the date that it became suspended.



3147.5.  A certificate which has been suspended is subject to
expiration and shall be renewed as provided in this article, but such
renewal does not entitle the holder of the certificate, while it
remains suspended and until it is reinstated, to engage in the
practice of optometry, or in any other activity or conduct in
violation of the order or judgment by which the certificate was
suspended.
   A certificate which has been revoked is subject to expiration, but
it may not be renewed. If it is reinstated after its expiration, the
holder of the certificate, as a condition precedent to its
reinstatement, shall pay a reinstatement fee in an amount equal to
150 percent of the renewal fee but not more than twenty-five dollars
($25) in excess of the renewal fee.



3147.6.  Except as otherwise provided by Section 114 of this code, a
certificate that is not renewed within three years after its
expiration may be restored thereafter, if no fact, circumstance, or
condition exists that, if the certificate were restored, would
justify its revocation or suspension, provided all of the following
conditions are met:
   (a) The holder of the expired certificate is not subject to denial
of a certificate under Section 480.
   (b) The holder of the expired certificate applies in writing for
its restoration on a form prescribed by the board.
   (c) He or she pays the fee or fees as would be required of him or
her if he or she were then applying for a certificate of registration
for the first time and had not previously taken the examination for
a certificate.
   (d) He or she takes and satisfactorily passes the clinical portion
of the regular examination of applicants, or other clinical
examination approved by the board, and takes and satisfactorily
passes the California law and regulations examination administered by
the board.
   (e) After having taken and satisfactorily passed the clinical
portion of the regular examination of applicants, or other clinical
examination approved by the board, he or she pays a restoration fee
equal to the renewal fee in effect on the last regular renewal date
for certificates of registration.



3147.7.  The provisions of Section 3147.6 shall not apply to a
person holding a certificate which has not been renewed within three
years of expiration, if the person provides satisfactory proof that
he or she holds a license from another state and has practiced
optometry in that state when his or her certificate expired.  In this
event, the person may renew his or her certificate in the manner
provided for under Section 3147.



3148.  From each fee for the renewal of a certificate of
registration for the biennial renewal of a certificate of
registration there shall be paid the sum of sixteen dollars ($16) by
the Director of Consumer Affairs to the University of California.
   This sum shall be used at and by the University of California
solely for the advancement of optometrical research and the
maintenance and support of the department at the university in which
the science of optometry is taught.
   The balance of each renewal fee shall be paid into the Optometry
Fund.


3150.  The department may make all necessary disbursements to carry
out the provisions of this chapter.  Necessary disbursements include
payment for the bond of the executive officer of the board, payment
for stationery supplies, and payment for necessary optical
instruments to be used in the conduct of examinations which
instruments shall be the property of the state.



3151.  The Director of Consumer Affairs shall, within 30 days prior
to each general session of the Legislature, submit to the Governor a
full and true report of transactions under this chapter during the
current biennium, including a complete statement of receipts and
expenditures during that period.
   In addition, the Director of Consumer Affairs, within 10 days
after the beginning of each month, shall report to the State
Controller all collections and receipts for the preceding month, and
at the same time shall pay them into the Optometry Fund in the State
Treasury.



3152.  The amount of fees and penalties prescribed by this chapter
shall be established by the board in amounts not greater than those
specified in the following schedule:
   (a) The fee for applicants applying for a certificate of
registration who present credentials of graduation from an accredited
school of optometry shall not exceed two hundred seventy-five
dollars ($275) that shall not be refunded, except that applicants who
are found ineligible to take an examination for a certificate of
registration are entitled to a refund of a maximum of one hundred
seventy-five dollars ($175).
   (b) The fee for biennial renewal of a certificate of registration
shall not exceed three hundred dollars ($300).
   (c) The delinquency fee shall not exceed twenty-five dollars
($25).
   (d) The annual fee for the renewal of a branch office license
shall not exceed seventy-five dollars ($75).
   (e) The fee for a branch office license shall not exceed
seventy-five dollars ($75).
   (f) The penalty for failure to pay the annual fee for renewal of a
branch office license shall not exceed twenty-five dollars ($25).
   (g) The fee for restoration of a certificate of registration after
suspension for failure to comply with the provisions of this chapter
relating to branch offices shall not exceed seventy-five dollars
($75).
   (h) The fee for issuance of a certification of registration or
upon change of name authorized by law of a person holding a
certificate of registration under this chapter shall not exceed
twenty-five dollars ($25).
   (i) The board shall submit a report to the fiscal and appropriate
policy committees of the Legislature whenever the board increases any
fee.  The report shall specify the rationale and justification for
that increase and include the percentage of the fee increase to be
used for enforcement purposes.



3152.5.  The board may require each applicant for a certificate to
use therapeutic pharmaceutical agents, pursuant to Section 3041.3, to
pay an application fee, and may require each certificate holder to
pay a renewal fee.  The application fee and the renewal fee shall not
exceed the actual costs to the board of the reviewing and processing
of the application for a certificate or renewal of a certificate,
monitoring the practice by certificate holders, and enforcing the
provisions of law governing the use of therapeutic pharmaceutical
agents, the diagnosis and treatment of certain conditions, and the
performance of certain procedures by persons certified to use
therapeutic pharmaceutical agents.



3153.  Notwithstanding Section 3152, the fee for the examination
required by Section 3041.1 shall not exceed thirty-five dollars
($35).