BILL NUMBER: SB 824	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 29, 2011
	AMENDED IN ASSEMBLY  JUNE 23, 2011

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2011

   An act to add Section 2553.1 to the Business and Professions Code,
relating to opticians.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 824, as amended, Negrete McLeod. Opticians: regulation.
   Existing law requires that dispensing opticians register with the
Medical Board of California prior to engaging in the practice of a
dispensing optician. Under existing law, a registered dispensing
optician is required to obtain and display a separate certificate of
registration at each location where his or her business is conducted.
Existing law makes a violation of laws regulating a registered
dispensing optician a misdemeanor.
   This bill would require a  registered dispensing optician
selling or transferring ownership of his or her place of business to
return the certificate of registration to the board within 10 days of
the completion of the transfer of ownership. The bill would also
require the  registered dispensing optician acquiring ownership
of  a   the  business to file a notice with
the board within 10 days of the completion of the transfer of
ownership  to him or her. The bill   and 
would specify that until receipt of  the   that
 notice by the board, the registered dispensing optician selling
or transferring the interest remains responsible for complying with
all laws regulating the  optical dispensing  business.
   Because a violation of laws regulating registered dispensing
opticians is a crime, this bill would impose a state-mandated local
program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2553.1 is added to the Business and Professions
Code, to read:
   2553.1.   (a)    If a registered dispensing
optician sells or transfers  in any manner an ownership
interest in   ownership of  his or her place of
business,  the registered dispensing optician assuming the
  both of the following requirements shall be satisfied:

    (1) The registered dispensing optician selling or
transferring ownership of the business shall return the certificate
of registration to the board no later than 10 calendar days after the
change of ownership is completed. This registered dispensing
optician shall be responsible for complying with all laws relating to
the optical dispensing business until the notice described in
paragraph (2) is received by the board. 
    (2)     The registered dispensing optician
assuming  ownership of the business shall record with the board
a written notice of the change of ownership, providing all
information required by the  board. The registered dispensing
optician assuming the ownership of the business shall file the
notice with the board no later than 10 calendar days after the change
of ownership is completed. The registered dispensing optician
selling or transferring the ownership interest in his or her business
shall be responsible for complying with all laws relating to the
place of business until the notice is received by the board. This
section does not apply to a change of   board. This
notice shall be filed with the board no later than 10 calendar days
after the change of ownership is completed. 
    (b)     This section does not apply to a
change of  location of business by a registered dispensing
optician.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.