BILL ANALYSIS Ó AB 761 Page 1 ASSEMBLY THIRD READING AB 761 (Roger Hernández) As Amended January 23, 2012 Majority vote BUSINESS & PROFESSIONS 8-0 HEALTH 17-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Monning, Logue, Ammiano, | | |Allen, Butler, Eng, Hill, | |Atkins, Bonilla, Eng, | | |Ma, Smyth | |Garrick, Gordon, Hayashi, | | | | |Bonnie Lowenthal, | | | | |Mansoor, Mitchell, Pan, | | | | |V. Manuel Pérez, Silva, | | | | |Smyth, Williams | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Fuentes, Harkey, | | | | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Chesbro, Donnelly, Gatto, | | | | |Hall, Hill, Ammiano, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | | | | | | | | ----------------------------------------------------------------- SUMMARY : Allows optometrists to independently perform waived clinical laboratory tests necessary for the diagnosis of conditions and diseases of the eye. Specifically, this bill : 1)Adds licensed optometrists to the list of persons who are authorized under current law to perform a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments (CLIA) of 1988. 2)Includes, in the definition of "laboratory director" for purposes of a clinical laboratory test or examination classified as waived, a duly licensed optometrist serving as the director of a laboratory, which only performs clinical laboratory testing as authorized in 3), below. AB 761 Page 2 3)Allows optometrists who are certified to use therapeutic pharmaceutical agents (TPAs) to perform a clinical laboratory test or examination classified as waived under CLIA and as designated under current law, as specified, necessary for the diagnosis of conditions and diseases of the eye or adnexa, or if otherwise specifically authorized by the Optometry Practice Act. 4)Specifies that, for purposes of the Optometry Practice Act, "adnexa" means ocular adnexa. EXISTING LAW : 1)Establishes CLIA under federal law, which regulates clinical laboratories that perform tests on human specimens and sets standards for facility administration, personnel qualifications and quality control. 2)Defines CLIA waived tests as simple laboratory examinations and procedures that are approved by the Food and Drug Administration (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. 3)Provides for the licensure and regulation of clinical laboratories and their personnel by the State Department of Health Services (now the Department of Public Health (DPH)), and requires clinical laboratories to be operated under the supervision of a laboratory director. 4)Defines "laboratory director" to mean any person who is a duly licensed physician and surgeon, or only for purposes of a clinical laboratory test or examination classified as waived, is a duly licensed naturopathic doctor, or is licensed to direct a clinical laboratory and who substantially meets the laboratory director qualifications under CLIA for the type and complexity of tests being offered by the laboratory. 5)Prohibits anyone from performing a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director and the test is performed by specified health care practitioners for AB 761 Page 3 specified purposes. 6)Establishes the Optometry Practice Act, administered by the State Board of Optometry (Board), to regulate the practice of optometry. 7)Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, the treatment and management of certain disorders and dysfunctions of the visual system, and the provision of rehabilitative optometric services. 8)Requires optometrists to apply for a certificate from the Board and meet specified requirements in order to be certified to use TPAs and authorized to treat specified conditions and perform certain procedures. FISCAL EFFECT : According to Assembly Appropriations Committee, this bill results in additional fee-supported workload at the California Department of Public Health (CDPH) in the range of $150,000 annually. COMMENTS : According to the author, "State law prohibits the performance of a clinical laboratory test or examination classified as waived under the federal CLIA law unless the test or examination is performed under the overall operation and administration of a laboratory director...Optometrists are not considered or classified as a laboratory director, therefore cannot administer these simple CLIA waived tests related to the eye. "AB 761 will allow optometrists to administer simple CLIA waived tests that are already within their scope of their practice. This legislation will designate optometrists as lab directors for CLIA waived tests only and not for other more complex types of testing?This will not expand the type or the number of tests that would be considered CLIA waved." This bill allows licensed optometrists to perform waived tests and to serve as the director of a lab that only performs tests classified as waived and designated in current law for TPA-certified optometrists, thereby allowing these optometrists to independently perform these tests. Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 AB 761 Page 4 FN: 0003077