(a) For purposes of this section, the following terms have the following meanings: (1) âHealth facilityâ means a health facility, as defined in Section 1250 of the Health and Safety Code, exclusive of a hospital defined in subdivision (a) or (b) of that section. (2) âResidential care facilityâ means a residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code, licensed by the State Department of Social Services, including, but not limited to, the following: (A) Adult residential facilities. (B) Adult residential facilities for persons with special health care needs. (C) Residential care facilities for the chronically ill. (D) Residential care facilities for the elderly. (E) Continuing care retirement communities. (F) Social rehabilitation facilities. (3) âHome residenceâ means the primary residence of an individual who is restricted by a disabling physical or mental condition. âHome residenceâ does not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code, but does include an individual condominium unit, apartment, single-family home, cooperative unit, mobilehome, or trailer, if it is used as a residence. (b) (1) An optometrist who is certified as a therapeutic pharmaceutical agent pursuant to Section 3041.3 may, in the form and manner prescribed by the board, submit an application to the board for a home residence permit, and pay all applicable fees prescribed in Section 3152. The board shall, upon application and payment of the fee prescribed in Section 3152, issue a home residence permit to an optometrist certified as a therapeutic pharmaceutical agent pursuant to Section 3041.3. A home residence permit authorizes the holder to engage in the practice of optometry at a home residence as specified in this section. (2) A home residence permit shall expire on the same date the licenseeâs optometry license expires. A home residence optometrist may renew the permit by submitting an application, in the form and manner prescribed by the board, to the board for renewal, and paying any applicable fees prescribed in Section 3152. (3) A person engaging in the temporary practice of optometry, as defined in subdivision (b) of Section 3070, is not required to obtain a home residence permit in order to engage in the temporary practice of optometry at a home residence. (c) An optometrist may engage in the practice of optometry at any health facility or residential care facility, and in a home residence, if all of the following requirements are satisfied: (1) The optometrist maintains a primary business office, separate from the health facility, residential care facility, or home residence, that meets all of the following requirements: (A) Is open to the public during normal business hours by telephone and for purposes of billing services or access to patient records. (B) Is licensed to the optometrist or the employer of the optometrist as a local business with the city or county in which it is located. (C) Is registered by the optometrist with the Board of Optometry. (D) Is owned or leased by the optometrist or by the employer of the optometrist. (E) Is not located in or connected with a residential dwelling. (2) The optometrist maintains or discloses patient records in the following manner: (A) Records are maintained and made available to the patient in such a way that the type and extent of services provided to the patient are conspicuously disclosed. The disclosure of records shall be made at or near the time services are rendered and shall be maintained at the primary business office specified in paragraph (1). (B) The optometrist complies with all federal and state laws and regulations regarding the maintenance and protection of medical records, including, but not limited to, the federal Health Insurance Portability and Accounta
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