BILL NUMBER: AB 789	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 25, 2015

   An act to amend Section 2546.10 of the Business and Professions
Code, relating to contact lens sellers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 789, as introduced, Calderon. Contact lens sellers: fines.
   The Nonresident Contact Lens Seller Registration Act prohibits a
person located outside California from shipping, mailing, or
delivering, in any manner, contact lenses at retail to a patient at a
California address unless registered with the Division of Licensing
of the Medical Board of California. A violation of the act results in
a fine of not less than $1,000 or more than $2,500 for each
violation.
   This bill would raise the minimum fine from $1,000 to $1,500.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2546.10 of the Business and Professions Code is
amended to read:
   2546.10.  (a)  Any   A  person who
violates any of the provisions of this chapter shall be subject to a
fine of not less than one thousand  five hundred  dollars
 ($1,000)   ($1,500)  nor more than two
thousand five hundred dollars ($2,500) per violation. The fines
collected pursuant to this section shall be available upon
appropriation to the Medical Board of California for the purposes of
administration and enforcement.
   (b) The Medical Board of California shall adopt regulations
implementing this section and shall consider the following factors,
including, but not limited to, applicable enforcement penalties,
prior conduct, gravity of the offense, and the manner in which
complaints will be processed.
   (c) The proceedings under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.