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§ 1518. Fictitious or Group Names.

16 CA ADC § 1518Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 15. State Board of Optometry (Refs & Annos)
Article 3. Professional Rules
16 CCR § 1518
§ 1518. Fictitious or Group Names.
(a) Applications for a permit to use a fictitious or group name shall be submitted on a form provided by the Board containing such information as is required therein, and accompanied by the initial permit fee of $50. The permit shall be renewed annually with a renewal fee of $50 due on January 31 each year. Failure to renew a fictitious name permit in a timely manner will result in a $25 delinquency fee added to the renewal fee.
(b) No permit shall be issued authorizing the use of a name which is deceptive or inimical to enabling a rational choice for the consumer public and which does not contain at least one of the following designations: “optometry” or “optometric.” In considering whether a name is deceptive or inimical to enabling a rational choice for the consumer public the Board may consider, among other things, whether it has a tendency to deceive the public or is so similar to a name previously authorized in the same geographical area as to be deceptive or misleading.
(c) When an optometrist or optometrists acquire the ownership in an optometric practice of another optometrist or other optometrists, the successor optometrist or optometrists may use in connection with such practice the name or names of the predecessor optometrist or optometrists for a reasonable time not in excess of two years thereafter providing:
(1) The acquisition of the ownership in the practice of the predecessor optometrist or optometrists includes permission to use his/her or their names.
(2) The acquisition of the ownership includes the active patient records and prescription files of the practice.
(3) In any signs, professional cards, envelopes, billheads, letterheads, or advertising of any nature, the name or names of the successor optometrist or optometrists shall appear first and be followed by the term “succeeding,” “successor to,” or “formerly” and then the name or names of the predecessor optometrist or optometrists which shall not appear in letters larger than the letters in the name or names of the successor optometrist or optometrists.

Credits

Note: Authority cited: Section 3078, Business and Professions Code. Reference: Sections 3078, 3152 and 3163, Business and Professions Code.
History
1. New section filed 3-3-78; effective thirtieth day thereafter (Register 78, No. 9.)
2. Amendment of subsection (b) and repealer of subsections (c) and (d) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
3. Amendment filed 12-1-83; effective thirtieth day thereafter (Register 83, No. 49).
4. Amendment of subsection (a) and Note filed 2-8-2011; operative 3-10-2011 (Register 2011, No. 6).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1518, 16 CA ADC § 1518
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