Cal. Bus. & Prof. Code § 2544

Current through the 2024 Legislative Session.
Section 2544 - Assistant
(a) Notwithstanding any other provision of law, an assistant in any setting where optometry or ophthalmology is practiced who is acting under the direct responsibility and supervision of an optometrist or a physician and surgeon may fit prescription lenses. Under the direct responsibility and supervision of an optometrist or ophthalmologist, an assistant in any setting where optometry or ophthalmology is practiced may also do the following:
(1) Prepare patients for examination.
(2) Collect preliminary patient data, including taking a patient history.
(3) Perform simple noninvasive testing of visual acuity, pupils, and ocular motility.
(4) Perform automated visual field testing.
(5) Perform ophthalmic photography and digital imaging.
(6) Perform tonometry.
(7) Perform lensometry.
(8) Perform nonsubjective auto refraction.
(9) Perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to the following conditions:
(A) The assistant shall have at least 45 hours of documented training in subjective refraction procedures acceptable to the supervising ophthalmologist or optometrist, which may include performing preliminary subjective refraction procedures consistent with this paragraph to accomplish that training.
(B) Any preliminary subjective refraction procedures shall be performed as follows:
(i) When the supervising physician and surgeon or optometrist is physically present at the location where the procedures are being performed, and not involving telehealth services.
(ii) In conjunction with an in-person examination being performed by the supervising physician and surgeon or optometrist.
(iii) With a supervisory ratio of no more than three assistants per supervising ophthalmologist or optometrist during the supervisor's work shift.
(C) An assistant performing preliminary subjective refraction procedures may utilize appropriate related equipment, including, but not limited to, a phoropter, trial lenses, and a retinoscope, solely for the purpose of performing those procedures.
(D) An assistant may not prescribe glasses or contact lenses, and nothing in this section shall be interpreted as authorizing those activities.
(10) Administer cycloplegics, mydriatics, and topical anesthetics that are not controlled substances, for ophthalmic purposes.
(11) Perform pachymetry, keratometry, A scan and B scan ultrasound testing, and electrodiagnostic testing.
(b) For the purposes of this section, "setting" includes, but is not limited to, any facility licensed by the State Department of Public Health or the State Department of Social Services.
(c) Nothing in this section shall be construed to authorize activities that corporations and other artificial legal entities are prohibited from conducting by Section 2400.

Ca. Bus. and Prof. Code § 2544

Amended by Stats 2022 ch 596 (AB 2574),s 2, eff. 1/1/2023.
Amended by Stats 2021 ch 652 (AB 407),s 2.1, eff. 1/1/2022.
Amended by Stats 2021 ch 630 (AB 1534),s 23, eff. 1/1/2022.
Amended by Stats 2010 ch 604 (AB 2683),s 1, eff. 1/1/2011.
Amended by Stats 2000 ch 676 (SB 929), s 2, eff. 1/1/2001.