BILL NUMBER: SB 579	CHAPTERED  09/18/06

	CHAPTER  302
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	PASSED THE ASSEMBLY  AUGUST 10, 2006
	AMENDED IN ASSEMBLY  MAY 11, 2006
	AMENDED IN SENATE  APRIL 4, 2005

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 18, 2005

   An act to amend Sections 3056, 3059, and 3102 of, and to add
Section 3057 to, the Business and Professions Code, relating to
optometry, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 579, Aanestad  Optometry: licenses: advertisements.
   (1) Under existing law, the Optometry Practice Act, the State
Board of Optometry licenses and regulates persons engaged in the
practice of optometry and makes a violation of the act a crime.
Existing law authorizes the board to issue a certificate of
registration to a person licensed in another state who, among other
things, is a full-time faculty member of a specified accredited
California school or college of optometry. Existing law authorizes
the board to adopt regulations requiring licensees to maintain
current certification in cardiopulmonary resuscitation. The act
directs the deposit of all revenue collected by the board into the
Optometry Fund, in which funds, other than penalty revenue, are
continuously appropriated.
   This bill would authorize the board also to issue a license to a
person that, among other things, has passed a licensing examination
for an optometric license in another state, submits proof of
licensure in good standing, as defined, submits proof of active
practice for a minimum of 5,000 hours, pays an application fee, and
files an application with an acknowledgment executed under penalty of
perjury, as specified. The bill would authorize the board, in cases
where the person has been displaced by a federally declared
emergency, to approve an application where the person's time in
active practice is less than 5,000 hours. The bill would eliminate
the board's authority to adopt regulations requiring licensees to
maintain current certification in cardiopulmonary resuscitation. By
increasing that part of the revenue in the Optometry Fund that is
continuously appropriated, the bill would make an appropriation. By
expanding the crime of perjury, the bill would impose a
state-mandated local program. The bill would also make technical,
nonsubstantive, and conforming changes.
   (2) Existing law makes it unlawful to advertise optometric
services as being free or without cost.
   This bill would instead make it unlawful to advertise as being
free or without cost the furnishing of optometric services where the
services are contingent upon payment or other exchange of
consideration unless the contingency is fully disclosed.
   Because a violation of this provision would be a crime, the bill
would impose a state-mandated local program.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3056 of the Business and Professions Code is
amended to read:
   3056.  (a) The board may issue a license to practice optometry to
a person who meets all of the following qualifications:
   (1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
   (2) Is currently licensed in another state.
   (3) Is currently a full-time faculty member of an accredited
California school or college of optometry and has served in that
capacity for a period of at least five continuous years.
   (4) Has attained, at an accredited California school or college of
optometry, the academic rank of professor, associate professor, or
clinical professor, except that the status of adjunct or affiliated
faculty member shall not be deemed sufficient.
   (5) Has successfully passed the board's jurisprudence examination.

   (6) Is in good standing, with no past or pending malpractice
awards or judicial or administrative actions.
   (7) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
   (8) Has met the requirements of Section 3041.3 regarding the use
of therapeutic pharmaceutical agents under subdivision (e) of Section
3041.
   (9) Has never had his or her license to practice optometry revoked
or suspended.
   (10) Is not subject to denial based on any of the grounds listed
in Section 480.
   (11) Pays an application fee in an amount equal to the application
fee prescribed by the board pursuant to Section 3152.
   (12) Files an application on a form prescribed by the board.
   (b) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
   (c) The term "in good standing," as used in this section, means
that a person under this section:
   (1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
   (2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.
  SEC. 2.  Section 3057 is added to the Business and Professions
Code, to read:
   3057.  (a) The board may issue a license to practice optometry to
a person who meets all of the following requirements:
   (1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
   (2) Has successfully passed the licensing examination for an
optometric license in another state.
   (3) Submits proof that he or she is licensed in good standing as
of the date of application in every state where he or she holds a
license, including compliance with continuing education requirements.

   (4) Submits proof that he or she has been in active practice in a
state in which he or she is licensed for a total of at least 5,000
hours in five of the seven consecutive years immediately preceding
the date of his or her application under this section.
   (5) Is not subject to disciplinary action as set forth in
subdivision (h) of Section 3110. If the person has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of this chapter to
warrant the submission of additional information from the person or
the denial of the application for licensure.
   (6) Has furnished a signed release allowing the disclosure of
information from the National Practitioner Data Bank and, if
applicable, the verification of registration status with the federal
Drug Enforcement Administration. The board shall review this
information to determine if it presents sufficient evidence of a
violation of this chapter to warrant the submission of additional
information from the person or the denial of the application for
licensure.
   (7) Has never had his or her license to practice optometry revoked
or suspended.
   (8) Is not subject to denial of an application for licensure based
on any of the grounds listed in Section 480.
   (9) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
   (10) Has met the certification requirements of Section 3041.3 to
use therapeutic pharmaceutical agents under subdivision (e) of
Section 3041.
   (11) Submits any other information as specified by the board to
the extent it is required for licensure by examination under this
chapter.
   (12) Files an application on a form prescribed by the board, with
an acknowledgment by the person executed under penalty of perjury and
automatic forfeiture of license, of the following:
   (A) That the information provided by the person to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the person has not been convicted of an offense involving
conduct that would violate Section 810.
   (13) Pays an application fee in an amount equal to the application
fee prescribed pursuant to subdivision (a) of Section 3152.
   (14) Has successfully passed the board's jurisprudence
examination.
   (b) If the board finds that the competency of a candidate for
licensure pursuant to this section is in question, the board may
require the passage of a written, practical, or clinical exam or
completion of additional continuing education or coursework.
   (c) In cases where the person establishes, to the board's
satisfaction, that he or she has been displaced by a federally
declared emergency and cannot relocate to his or her state of
practice within a reasonable time without economic hardship, the
board is authorized to do both of the following:
   (1) Approve an application where the person's time in active
practice is less than that specified in paragraph (4) of subdivision
(a), if a sufficient period in active practice can be verified by the
board and all other requirements of subdivision (a) are satisfied by
the person.
   (2) Reduce or waive the fees required by paragraph (13) of
subdivision (a).
   (d) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
   (e) The term "in good standing," as used in this section, means
that a person under this section:

   (1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon an person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
   (2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.
  SEC. 3.  Section 3059 of the Business and Professions Code is
amended to read:
   3059.  (a) It is the intent of the Legislature that the public
health and safety would be served by requiring all holders of
licenses to practice optometry granted under this chapter to continue
their education after receiving their licenses. The board shall
adopt regulations that require, as a condition to the renewal
thereof, that all holders of licenses submit proof satisfactory to
the board that they have informed themselves of the developments in
the practice of optometry occurring since the original issuance of
their licenses by pursuing one or more courses of study satisfactory
to the board or by other means deemed equivalent by the board.
   (b) The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for reasons of
health, military service, or other good cause.
   (c) If for good cause compliance cannot be met for the current
year, the board may grant exemption of compliance for that year,
provided that a plan of future compliance that includes current
requirements as well as makeup of previous requirements is approved
by the board.
   (d) The board may require that proof of compliance with this
section be submitted on an annual or biennial basis as determined by
the board.
   (e) An optometrist certified to use therapeutic pharmaceutical
agents pursuant to Section 3041.3 shall complete a total of 50 hours
of continuing education every two years in order to renew his or her
certificate. Thirty-five of the required 50 hours of continuing
education shall be on the diagnosis, treatment, and management of
ocular disease in any combination of the following areas:
   (1) Glaucoma.
   (2) Ocular infection.
   (3) Ocular inflammation.
   (4) Topical steroids.
   (5) Systemic medication.
   (6) Pain medication.
   (f) The board shall encourage every optometrist to take a course
or courses in pharmacology and pharmaceuticals as part of his or her
continuing education.
   (g) The board shall consider requiring courses in child abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected
children.
   (h) The board shall consider requiring courses in elder abuse
detection to be taken by those licensees whose practices are such
that there is a likelihood of contact with abused or neglected elder
persons.
  SEC. 4.  Section 3102 of the Business and Professions Code is
amended to read:
   3102.  It is unlawful to advertise as being free or without cost
the furnishing of optometric services where these services are
contingent upon payment or other exchange of consideration for goods
or other services offered by the provider, unless that contingency is
fully disclosed in the same advertisement.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.