2559.1. (a) An individual shall not fit and adjust spectacle lenses unless that individual complies with the registration requirement of Section 2564.90, and 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 optician 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 optician 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 optician’s termination or resignation, and reasonable action was taken to have another supervising registered optician 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.
(Amended by Stats. 2021, Ch. 630, Sec. 58. (AB 1534) Effective January 1, 2022.)