BILL NUMBER: SB 1215 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Emmerson
FEBRUARY 22, 2012
An act to amend Sections 3070, 3147, 3147.6, and 3152 of, and to
add Sections 3151 and 3151.1 to, the Business and Professions Code,
relating to healing arts, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1215, as introduced, Emmerson. Optometry.
Existing law, the Optometry Practice Act, provides for the
licensure and regulation of the practice of optometry by the State
Board of Optometry. A violation of the act is a crime.
This bill would require the board to issue, upon application and
payment of a specified fee not to exceed $25, a retired license to an
optometrist with a current and active license. The bill would
prohibit the holder of a retired license from engaging in the
practice of optometry. The bill would authorize the holder of a
retired license to use only certain titles and would also authorize
the holder of such a license to reactivate the license to active
status if certain requirements have been met, including the payment
of a reactivation fee to be determined by the board. The bill would
also require the board to issue, upon application certifying the
completion of specified continuing education hours and the payment of
a fee not to exceed $50, a retired license with a volunteer service
designation to an optometrist with a retired or current and active
license. The bill would make a retired license with a volunteer
service designation subject to biennial renewal requirements
including the payment of a fee not to exceed $50 and the
certification of, among other things, completion of the required
continuing education hours. Because the bill would direct the deposit
of these fees into the Optometry Fund, a continuously appropriated
fund, the bill would make an appropriation.
Under existing law, a licensed optometrist is required to notify
the board of, among other things, the address or addresses where he
or she is to engage or intends to engage in the practice of
optometry. Existing law imposes specified issuance, biennial renewal,
and delinquency fees concerning a statement of licensure. Existing
law exempts a licensed optometrist from this address notification
requirement if he or she engages in the temporary practice of
optometry, as defined by the board, in certain specified settings.
This bill would eliminate the requirement that a licensed
optometrist provide that notification with respect to where he or she
intends to engage in the practice of optometry. The bill would also
require a licensed optometrist, except as specified, to obtain a
statement of licensure from the board to be placed in specified
practice locations. The bill would define temporary practice as the
practice of optometry at locations other than the optometrist's
principal place of practice for limited periods, as specified, and
would require a licensed optometrist in temporary practice to submit
an application for a statement of licensure if the time period for
that practice needs to be extended, as specified.
The bill would make other nonsubstantive, technical and conforming
changes.
Because the bill would specify additional requirements under the
Optometry Practice Act, the violation of which would be a crime, it
would impose a state-mandated local program.
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.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3070 of the Business and Professions Code is
amended to read:
3070. (a) Before engaging in the practice of optometry, each
licensed optometrist shall notify the board in writing of the address
or addresses where he or she is to engage , or intends to
engage, in the practice of optometry and, also, of any
changes in his or her place of practice. After providing this
address and place of practice information to the board, a licensed
optometrist shall obtain a statement of licensure from the board to
be placed in all practice locations other than an optometrist's
principal place of practice. Any licensed optometrist who holds a
branch office license is not required to obtain a statement of
licensure to practice at that branch office. The practice
of optometry is the performing or the controlling of any of the acts
set forth in Section 3041.
(b) A licensed optometrist is not required to provide the
notification described in subdivision (a) if he or she engages in the
temporary practice of optometry in any of the following
settings: . "Temporary practice" is defined as the
practice of optometry at locations other than the optometrist's
principal place of practice for not more than five calendar days
during a 30-day period, and not more than 36 days within a calendar
year. This limitation shall apply to all practice locations where the
licensed optometrist is engaging in temporary practice, not to each
practice location individually. If the time period of the
temporary practice needs to be extended for any reason, the licensed
optometrist shall submit an application for a statement of licensure
to the board pursuant to Section 1506 of Title 16 of the
California Code of Regulations.
(1) A facility licensed by the State Department of Public Health.
(2) A public institution, including, but not limited to, a school,
a community college, and federal, state, and local penal and
correctional facilities.
(3) A mobile unit that is operated by a governmental agency or by
a nonprofit or charitable organization.
(4) The home of a patient who is not ambulatory.
(5) The practice location of another optometrist that has been
reported to the board pursuant to this section if the other
optometrist is ill or on a temporary leave or for any other reason
approved by the board. The exception under this paragraph is limited
to a total period at all temporary practice locations of seven
calendar days during a 30-day period and 84 days during a calendar
year.
(c) Notwithstanding Section 3075, an optometrist engaging in the
temporary practice of optometry at a location described in
subdivision (b) shall carry and present upon demand evidence of his
or her licensure but shall not be required to post his or her current
license or other evidence of current license status issued by the
board.
(d) In addition to the information required by Section 3076, a
receipt issued to a patient by an optometrist engaging in the
temporary practice of optometry at a location described in
subdivision (b) shall contain the address of the optometrist's
primary practice location and the temporary practice location where
the services were provided.
(e) "Temporary practice" shall be defined by the board for
purposes of this section.
SEC. 2. Section 3147 of the Business and Professions Code is
amended to read:
3147. Except as otherwise provided by Section 114, an expired
license may be renewed at any time within three years after its
expiration , and a retired license issued for less than thr
ee years may be reactivated to active status, by
filing an application for renewal or reactivation on a
form prescribed by the board, paying all accrued and unpaid renewal
fees or reactivation fees determined by the board , paying
any delinquency fees prescribed by the board, and submitting proof
of completion of the required number of hours of continuing education
for the last two years, as prescribed by the board pursuant to
Section 3159 3059 . Renewal or
reactivation to active status under this section shall be
effective on the date on which all of those requirements are
satisfied. If so renewed or reactivated to active status ,
the license shall continue as provided in Sections 3146 and 3147.5.
SEC. 3. Section 3147.6 of the Business and Professions Code is
amended to read:
3147.6. Except as otherwise provided by Section 114, a license
that is not renewed within three years after its expiration may be
restored thereafter , and a retired license
issued for more than three years may be reactivated to active status
, if no fact, circumstance, or condition exists that, if the
license were restored, would justify its revocation or suspension,
provided all of the following conditions are met:
(a) The holder of the expired license or retired license
is not subject to denial of a license under Section 480.
(b) The holder of the expired license or retired license
applies in writing for its restoration or reactivation
on a form prescribed by the board.
(c) The holder of the expired license or retired license
pays the fee or fees as would be required of him or her if he
or she were then applying for a license for the first time.
(d) The holder of the expired license or retired license
satisfactorily passes both of the following examinations:
(1) The National Board of Examiners in Optometry's Clinical Skills
examination or other clinical examination approved by the board.
(2) The board's jurisprudence examination.
(e) After taking and satisfactorily passing the examinations
identified in subdivision (d), the holder of the expired license or
retired license pays a restoration fee equal to the sum of the
license renewal fee in effect on the last regular renewal date for
licenses or a reactivation fee determined by the board,
and any delinquency fees prescribed by the board.
SEC. 4. Section 3151 is added to the Business and Professions
Code, to read:
3151. (a) The board shall issue, upon application and payment of
the fee described in Section 3152, a retired license to an
optometrist who holds a license that is current and active.
(b) A licensee who has been issued a retired license is exempt
from continuing education requirements pursuant to Section 3059. The
holder of a retired license shall not be required to renew that
license.
(c) The holder of a retired license shall not engage in the
practice of optometry.
(d) An optometrist holding a retired license shall only be
permitted to use the titles "retired optometrist" or "optometrist,
retired."
(e) The holder of a retired license issued for less than three
years may reactivate the license to active status if he or she meets
the requirements of Section 3147.
(f) The holder of a retired license issued for more than three
years may reactive the license to active status if he or she
satisfies the requirements in Section 3147.6.
SEC. 5. Section 3151.1 is added to the Business and Professions
Code, to read:
3151.1. (a) The board shall issue, upon application and payment
of the fee described in Section 3152, a license with retired
volunteer service designation to an optometrist who holds a retired
license or a license that is current and active.
(b) The applicant shall certify on the application that he or she
has completed the required number of continuing education hours
pursuant to Section 3059.
(c) The applicant shall certify on the application that the sole
purpose of the license with retired volunteer service designation is
to provide voluntary, unpaid optometric services at health fairs,
vision screenings, and public service eye programs.
(d) The holder of the retired license with volunteer service
designation shall submit a biennial renewal application, with a fee
fixed by this chapter and certify on each renewal that the required
number of continuing education hours pursuant to Section 3059 were
completed, and certify that the sole purpose of the retired license
with volunteer service designation is to provide voluntary, unpaid
services as described in subdivision (c).
SEC. 6. Section 3152 of the Business and Professions Code is
amended to read:
3152. The amounts of fees and penalties prescribed by this
chapter shall be established by the board in amounts not greater than
those specified in the following schedule:
(a) The fee for applicants applying for a license shall not exceed
two hundred seventy-five dollars ($275).
(b) The fee for renewal of an optometric license shall not exceed
five hundred dollars ($500).
(c) The annual fee for the renewal of a branch office license
shall not exceed seventy-five dollars ($75).
(d) The fee for a branch office license shall not exceed
seventy-five dollars ($75).
(e) The penalty for failure to pay the annual fee for renewal of a
branch office license shall not exceed twenty-five dollars ($25).
(f) The fee for issuance of a license or upon change of name
authorized by law of a person holding a license under this chapter
shall not exceed twenty-five dollars ($25).
(g) The delinquency fee for renewal of an optometric license shall
not exceed fifty dollars ($50).
(h) The application fee for a certificate to perform lacrimal
irrigation and dilation shall not exceed fifty dollars ($50).
(i) The application fee for a certificate to treat glaucoma shall
not exceed fifty dollars ($50).
(j) The fee for approval of a continuing education course shall
not exceed one hundred dollars ($100).
(k) The fee for issuance of a statement of licensure shall not
exceed forty dollars ($40).
(l) The fee for biennial renewal of a statement of licensure shall
not exceed forty dollars ($40).
(m) The delinquency fee for renewal of a statement of licensure
shall not exceed twenty dollars ($20).
(n) The application fee for a fictitious name permit shall not
exceed fifty dollars ($50).
(o) The renewal fee for a fictitious name permit shall not exceed
fifty dollars ($50).
(p) The delinquency fee for renewal of a fictitious name permit
shall not exceed twenty-five dollars ($25).
(q) The fee for a retired license shall not exceed twenty-five
dollars ($25).
(r) The fee for a retired license with volunteer designation shall
not exceed fifty dollars ($50).
(s) The biennial renewal fee for a retired license with volunteer
designation shall not exceed fifty dollars ($50).
SEC. 7. 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.