BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 761
                                                                  Page  1

          Date of Hearing:   January 19, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

              AB 761 (Roger Hernández) - As Amended:  January 12, 2012 

          Policy Committee: Health                      Vote: 17-0
                       Business and Professions         Vote: 8-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          As proposed to be amended, this bill allows optometrists to 
          perform simple lab tests. Specifically, this bill: 

          1)Adds optometrists to the list of individuals authorized to 
            perform tests or exams classified as waived under the Clinical 
            Laboratory Improvement Amendments (CLIA), the federal act 
            establishing quality standards for laboratory testing.

          2)Allows optometrists who are certified to use therapeutic 
            pharmaceutical agents (TPA-certified optometrists) to function 
            as laboratory directors, only for purposes of a clinical 
            laboratory test or exam classified as waived under CLIA and 
            necessary for the diagnosis of ocular conditions and diseases.

          3)Adds performance of CLIA-waived tests or exams necessary for 
            the diagnosis of ocular conditions and diseases to the list of 
            activities constituting the practice of optometry, for 
            TPA-certified optometrists.

           FISCAL EFFECT  

          This bill results in additional fee-supported workload at the 
          California Department of Public Health (CDPH) in the range of 
          $150,000 annually.  

          Under current law, to perform CLIA-waived tests, optometrists 
          would be required to register with CDPH as clinical laboratories 
          and pay annual fees of $100.  Revenues would accrue to the 
          Clinical Laboratory Improvement Fund and would be used to fund 
          oversight of the individuals performing laboratory tests.  








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           COMMENTS  

           1)Rationale  . According to the author, there is a deficiency in 
            existing law that renders optometrists unable to perform very 
            simple tests that aid in diagnosing conditions optometrists 
            are allowed to treat, such as viral conjunctivitis (pink eye). 
            The author also contends that sending so-called CLIA-waived 
            tests to an outside lab unnecessarily delays appropriate 
            diagnosis and treatment. 

           2)CLIA-Waived Tests  . Under CLIA, the federal Food and Drug 
            Administration (FDA) categorizes laboratory tests based on the 
            complexity of the test performed.  Tests may be assigned to 
            one of three categories: high-complexity, moderate-complexity, 
            or waived from regulatory oversight. Waived tests are defined 
            in federal regulation as simple laboratory examinations and 
            procedures that are cleared by the FDA for home use, employ 
            methodologies that are so simple and accurate as to render the 
            likelihood of erroneous results negligible, or pose no 
            reasonable risk of harm to the patient if the test is 
            performed incorrectly.  This legislation would allow 
            optometrists to perform eye-related CLIA-waived tests that 
            they currently are not authorized to perform.

            One example of a CLIA-waived test that might be used in 
            optometric offices is the RPS Adeno Detector, which tests for 
            contagious viral conjunctivitis (pink eye). Another simple 
            test that may gain CLIA-waived status this year is TearLab, a 
            handheld device that diagnoses dry eye.

           3)Regulation of Clinical Laboratories  . Under current law, an 
            individual performing CLIA-waived clinical laboratory tests is 
            considered a clinical laboratory. Clinical laboratories that 
            perform only CLIA-waived tests are required to register with 
            the Laboratory Field Services unit within CDPH, and pay a 
            $100-per-year fee.  The department's oversight workload 
            consists of reviewing registration applications and ensuring 
            that appropriate personnel are performing allowable types of 
            tests.

           4)Proposed amendments  . Section 2 of this bill includes an 
            erroneous reference to Section 3041(e)(9) of the Business and 
            Professions Code, instead of Section 3041(e)(10). The proposed 
            amendments correct this technical drafting error.  








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           5)Policy Questions Resolved and Opposition Removed  . A previous 
            analysis of this bill raised technical and policy questions 
            related to whether optometrists have sufficient training to 
            act as lab directors for certain types of CLIA-waived tests 
            that are unrelated to the eye, such as HIV or other infectious 
            disease tests. Recent amendments adopted in Health committee 
            restrict the tests that can be performed to those necessary to 
            diagnose ocular diseases and conditions, addressing this 
            concern.  Adoption of those prior amendments and the technical 
            amendment proposed today removes all registered opposition to 
            the bill.  


           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081