Section 3057.  


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  • (a) The board may issue a license to practice optometry to a person who meets all of the following requirements:

    (1) Has a degree as a doctor of optometry issued by an accredited school or college of optometry.

    (2) Has successfully passed the licensing examination for an optometric license in another state.

    (3) Submits proof that he or she is licensed in good standing as of the date of application in every state where he or she holds a license, including compliance with continuing education requirements.

    (4) Submits proof that he or she has been in active practice in a state in which he or she is licensed for a total of at least 5,000 hours in five of the seven consecutive years immediately preceding the date of his or her application under this section.

    (5) Is not subject to disciplinary action as set forth in subdivision (h) of Section 3110. If the person has been subject to disciplinary action, the board shall review that action to determine if it presents sufficient evidence of a violation of this chapter to warrant the submission of additional information from the person or the denial of the application for licensure.

    (6) Has furnished a signed release allowing the disclosure of information from the Healthcare Integrity and Protection Data Bank and, if applicable, the verification of registration status with the federal Drug Enforcement Administration. The board shall review this information to determine if it presents sufficient evidence of a violation of this chapter to warrant the submission of additional information from the person or the denial of the application for licensure.

    (7) Has never had his or her license to practice optometry revoked or suspended.

    (8) Is not subject to denial of an application for licensure based on any of the grounds listed in Section 480.

    (9) Has met the minimum continuing education requirements set forth in Section 3059 for the current and preceding year.

    (10) Has met the certification requirements of Section 3041.3 to use therapeutic pharmaceutical agents under subdivision (e) of Section 3041.

    (11) Submits any other information as specified by the board to the extent it is required for licensure by examination under this chapter.

    (12) Files an application on a form prescribed by the board, with an acknowledgment by the person executed under penalty of perjury and automatic forfeiture of license, of the following:

    (A) That the information provided by the person to the board is true and correct, to the best of his or her knowledge and belief.

    (B) That the person has not been convicted of an offense involving conduct that would violate Section 810.

    (13) Pays an application fee in an amount equal to the application fee prescribed pursuant to subdivision (a) of Section 3152.

    (14) Has successfully passed the board's jurisprudence examination.

    (b) If the board finds that the competency of a candidate for licensure pursuant to this section is in question, the board may require the passage of a written, practical, or clinical exam or completion of additional continuing education or coursework.

    (c) In cases where the person establishes, to the board's satisfaction, that he or she has been displaced by a federally declared emergency and cannot relocate to his or her state of practice within a reasonable time without economic hardship, the board is authorized to do both of the following:

    (1) Approve an application where the person's time in active practice is less than that specified in paragraph (4) of subdivision (a), if a sufficient period in active practice can be verified by the board and all other requirements of subdivision (a) are satisfied by the person.

    (2) Reduce or waive the fees required by paragraph (13) of subdivision (a).

    (d) Any license issued pursuant to this section shall expire as provided in Section 3146, and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter.

    (e) The term "in good standing," as used in this section, means that a person under this section:

    (1) Is not currently under investigation nor has been charged with an offense for any act substantially related to the practice of optometry by any public agency, nor entered into any consent agreement or subject to an administrative decision that contains conditions placed by an agency upon a person's professional conduct or practice, including any voluntary surrender of license, nor been the subject of an adverse judgment resulting from the practice of optometry that the board determines constitutes evidence of a pattern of incompetence or negligence.

    (2) Has no physical or mental impairment related to drugs or alcohol, and has not been found mentally incompetent by a physician so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public.

(Amended by Stats. 2007, Ch. 588, Sec. 38. Effective January 1, 2008.)