California Codes, Business and Professions Code - BPC, Division 2 — Healing Arts, Chapter 5.4 — Prescription Lenses and Ophthalmic and Optometric Assistants, Section 2543
(a) Except as provided in the Nonresident Ophthalmic Lens Dispenser Registration Act (Article 2.5 (commencing with Section 2564.70)), the right to dispense, sell, or furnish prescription ophthalmic devices at retail or to the person named in a prescription is limited exclusively to licensed physicians and surgeons, licensed optometrists, and registered dispensing opticians as provided in this division. This section shall not be construed to affect licensing requirements pursuant to Section 111615 of the Health and Safety Code.
(b) It shall be considered a deceptive marketing practice for:
(1) Any physician and surgeon, optometrist, or registered dispensing optician to publish or cause to be published any advertisement or sales presentation relating to contact lenses that represents that contact lenses may be obtained without confirmation of a valid prescription.
(2) Any individual or entity who offers for sale plano contact lenses, as defined in subdivision (c) of Section 2541, to represent by any means that those lenses may be lawfully obtained without an eye examination or confirmation of a valid prescription, or may be dispensed or furnished to a purchaser without complying with the requirements of Section 2562, except as provided in Article 2.5 (commencing with Section 2564.70).
Notes
Limits retail dispensing, selling, or furnishing prescription ophthalmic devices to licensed physicians, optometrists, and registered dispensing opticians, except under the Nonresident Ophthalmic Lens Dispenser Registration Act; referenced Health and Safety Code licensing still applies. Prohibits marketing contact or plano lenses as obtainable without required prescription confirmation, eye examination, or dispensing compliance, subject to the same nonresident exception.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 2543 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5-4/section-2543