California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5.5 — Registered Dispensing OpticiansArticle 1.5 — Spectacle Lens DispensingSection 2559.1

(a) An individual shall not fit and adjust spectacle lenses unless either of the following applies:

(1) The individual is a duly registered spectacle lens dispenser as provided in Section 2559.2.

(2) The individual is an unregistered individual who performs the fitting and adjusting under the direct responsibility and supervision of a duly registered spectacle lens dispenser whose certificate of registration is then conspicuously and prominently displayed on the premises.

(b) A supervising registered spectacle lens dispenser shall be physically present on the registered premises when an unregistered individual fits and adjusts spectacle lenses.

(c) The board shall not take action for a violation of subdivision (b) if either of the following apply:

(1) A supervising registered spectacle lens dispenser was not physically present on the registered premises due to reasonably unanticipated circumstances, including, but not limited to, illness, injury, family emergency, or the supervising registered spectacle lens dispenser’s termination or resignation, and reasonable action was taken to have another supervising registered spectacle lens dispenser be physically present on the registered premises.

(2) A supervising registered spectacle lens dispenser was not physically present due to a legally required employee meal or break period.

Notes

Prohibits fitting or adjusting spectacle lenses unless performed by a registered dispenser or an unregistered individual under a registered dispenser's direct responsibility and supervision, with the supervisor physically present and the certificate displayed. Exempts the physical-presence violation from board action for reasonably unanticipated absence when reasonable replacement action is taken, or during a legally required meal or break period.

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Lexinter.net | California Code, Business and Professions Code - BPC § 2559.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5-5/article-1-5/section-2559-1

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