BILL ANALYSIS �
SB 824
Page 1
SENATE THIRD READING
SB 824 (Negrete McLeod)
As Amended August 29, 2011
Majority vote
SENATE VOTE :40-0
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Donnelly, Gatto, Hall, |
| | | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires a registered dispensing optician (RDO) that
acquires ownership of a business to file a notice with the
Medical Board of California (MBC) within 10 days of the
completion of the transfer of ownership. Specifically, this
bill :
1)Provides that if a RDO sells or transfers ownership of his or
her place of business, both of the following requirements must
be satisfied:
a) The RDO selling or transferring ownership of the
business shall return the certificate of registration to
the MBC no later than 10 calendar days after the change of
ownership is completed. This RDO shall be responsible for
complying with all laws relating to the optical dispensing
business until the notice described in b), below, is
received by MBC; and,
b) The RDO assuming ownership of the business shall record
with MBC a written notice of the change of ownership no
later than 10 calendar days after the change of ownership
is completed.
2)Provides that this bill does not apply to a change of location
SB 824
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of business by a RDO.
EXISTING LAW :
1)States that individuals, corporations, and firms engaged in
the business of filling prescriptions of physicians and
surgeons licensed by MBC, or optometrists licensed by the
State Board of Optometry (Board) for prescription lenses and
kindred products, and, as incidental to the filling of those
prescriptions, doing any or all of the following acts, either
singly or in combination with others, taking facial
measurements, fitting and adjusting those lenses and fitting
and adjusting spectacle frames, shall be known as dispensing
opticians and shall not engage in that business unless
registered with MBC.
2)Requires that the application for registration by dispensing
opticians be on forms prescribed by MBC and bear the signature
of the individual, or general partners if a partnership, or
the president or secretary if a corporation, and to contain
the name and address of the business.
3)Requires MBC to notify any applicant by registered or
certified mail if an application and supporting documentation
are not substantially complete as of the 30th day following
the submission of an application. Provides that the notice
shall be in writing and specify the documents or information
that must be supplied.
4)Provides that if an application is approved, MBC shall issue a
certificate of dispensing optician, which must be displayed at
all times in a conspicuous place at the certified place of
business.
FISCAL EFFECT : According to Assembly Appropriations Committee,
negligible direct state fiscal impact.
COMMENTS : According to the author, current law requires the
registration of an RDO business to be posted at all times in the
business location. "However, to change ownership, the
registration documents must be furnished to the board, which can
leave a RDO without a certificate for a period of time while the
registration is being processed. There is no consideration for
a change of ownership process that would allow the RDO to remain
open. This bill will provide a process for a change of
SB 824
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ownership that allows the RDO to remain open while the documents
are being properly processed."
Current law requires individuals or businesses engaged in the
business of filling prescriptions of physicians and surgeons, or
optometrists for prescription lenses, to register with MBC. A
registration form prescribed by MBC must include the signature
of the individual, general partner, or president or secretary of
the corporation, and the name that will be used and the business
address. The application must also designate the name, address
and business telephone number of the applicant's employee who
will be handling customer inquiries and complaints.
If there are deficiencies in an application, MBC is required to
notify an applicant within 30 days. If an application is
approved, MBC issues a certificate of dispensing optician, which
is required to be displayed at all times in a conspicuous place
at the certified place of business. The certificate is not
transferable, but, on application to MBC, the owner can register
a change of address of the certificate.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0002238