California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5.5 — Registered Dispensing OpticiansArticle 2.5 — Nonresident Ophthalmic Lens DispensersSection 2564.75

In order to obtain and maintain registration, a nonresident ophthalmic lens dispenser shall:

(a) Be in good standing and either registered or otherwise authorized in the state or jurisdiction in which the selling facility is located and from which the ophthalmic lenses are sold.

(b) Comply with all directions and requests for information made by the board as authorized under this article.

(c) Maintain records of ophthalmic lenses shipped, mailed, furnished, or delivered to patients in California for a period of at least three years.

(d) Provide a toll-free telephone service for responding to patient questions and complaints during the applicant’s regular hours of operation, but in no event less than six days per week and 40 hours per week. The toll-free number shall be included in literature provided with each mailed ophthalmic lens prescription. All questions relating to eye care for the lens prescribed shall be referred back to the ophthalmic lens prescriber.

(e) Provide the following or a substantially equivalent written notification to the patient whenever contact lenses are supplied:

WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.

(f) Disclose in any price advertisement any required membership fees or enrollment fees and indicate that shipping costs may apply unless the advertisement specifically and clearly states otherwise.

(g) Provide a toll-free telephone number, facsimile line, and email address that are dedicated to prescribers and their authorized agents for the purposes of confirmation of ophthalmic lens prescriptions. These numbers, along with an email address, shall be included in any communication with the prescriber when requesting confirmation of an ophthalmic lens prescription.

(h) It shall be considered a deceptive marketing practice for any nonresident ophthalmic lens dispenser to publish or cause to be published any advertisement or sales presentation relating to ophthalmic lenses representing that ophthalmic lenses may be obtained without confirmation of a valid prescription.