BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1215
                                                                  Page  1

          Date of Hearing:   June 12, 2012

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                   SB 1215 (Emmerson) - As Amended:  April 12, 2012

           SENATE VOTE  :   35-0
           
          SUBJECT  :   Optometry

           SUMMARY  :   Establishes a retired license and a license with 
          retired volunteer service designation for optometrists, and 
          makes additional changes to law governing the practice of 
          optometry.  Specifically,  this bill  :   

          1)Requires a licensed optometrist, after providing the address 
            or addresses and place of practice information to the Board of 
            Optometry (Board), to 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.

          2)Deletes language authorizing the Board to define "temporary 
            practice," and instead defines "temporary practice" to mean 
            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 applies 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 current Board regulations.

          3)Deletes provisions listing the types of facilities in which 
            optometrists may engage in temporary practice without 
            providing notification to the Board.

          4)Authorizes a retired license issued for less than three years 
            to be reactivated to active status, and authorizes a retired 
            license issued for more than three years to be reactivated to 








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            active status pursuant to current law governing the 
            restoration of a license that is not renewed within three 
            years after expiration, as specified.

          5)Requires the Board to issue, upon application and payment of a 
            fee not to exceed $25, a retired license to an optometrist who 
            holds a license that is current and active.  These licensees 
            are exempt from continuing education requirements and are not 
            required to renew a retired license.

          6)Prohibits a holder of a retired license from engaging in the 
            practice of optometry, and allows retired license holders to 
            use only the titles "retired optometrist" or "optometrist, 
            retired."

          7)Requires the Board to issue, upon initial application and 
            payment of a fee not to exceed $50, a license with retired 
            volunteer service designation to an optometrist who holds a 
            retired license or a license that is current and active.

          8)Requires applicants for a retired volunteer service 
            designation to certify that they have completed continuing 
            education required of licensed, actively-practicing 
            optometrists, and 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.

          9)Requires holders of a retired license with volunteer service 
            designation to submit a renewal application every two years, 
            as specified, including a fee not to exceed $50.

           EXISTING LAW  

          1)Provides, pursuant to the Optometry Practice Act, for the 
            licensure and regulation of optometrists by the Board within 
            the Department of Consumer Affairs.

          2)Requires every licensed optometrist to notify the Board in 
            writing of the address or addresses where the optometrist is 
            to engage, or intends to engage, in the practice of optometry 
            and of any changes in the place of practice, unless the 
            optometrist engages in the temporary practice of optometry in 
            any of the following settings:









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             a)   A facility licensed by the State Department of Public 
               Health;

             b)   A public institution, including, but not limited to, a 
               school, a community college, and federal, state, and local 
               penal and correctional facilities;

             c)   A mobile unit that is operated by a governmental agency 
               or by a nonprofit or charitable organization;

             d)   The home of a patient who is not ambulatory; or,

             e)   The practice location of another optometrist if the 
               other optometrist is ill or on a temporary leave or for any 
               other reason approved by the Board.  This exception is 
               limited to a total of seven calendar days during a 30-day 
               period and 84 days during a calendar year.

          3)Requires optometrists who provide services in any of the above 
            locations to carry and present evidence of licensure and to 
            provide patients with a receipt containing the optometrist's 
            primary practice location and the temporary practice location 
            where services were provided.

          4)Requires the Board to define "temporary practice."

          5)Allows an expired optometry license to be renewed within three 
            years after expiration by filing an application, paying all 
            accrued and unpaid renewal fees, paying any delinquency fees, 
            and submitting proof of completion of continuing education, as 
            specified.

          6)Allows an expired optometry license that is not renewed within 
            three years after its expiration to be restored 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 is not subject to 
               denial of a license, as specified;

             b)   The holder of the expired license applies in writing for 
               its restoration, as specified;

             c)   The holder of the expired license pays the fees as would 








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               be required if applying for a license for the first time;

             d)   The holder of the expired license satisfactorily passes 
               both of the following examinations:

               i)     The National Board of Examiners in Optometry's 
                 Clinical Skills examination or other clinical examination 
                 approved by the Board; and,

               ii)    The Board's jurisprudence examination; and,

             e)   After taking and satisfactorily passing the above 
               examinations, the holder of the expired license pays a 
               restoration fee that equals the license renewal fee in 
               effect on the last regular renewal date and any delinquency 
               fees prescribed by the Board.

          7)Requires the Board to establish a number of fees and 
            penalties.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author, "There are two 
          major complaints among licensees regarding the license status 
          options available to them upon retirement.  First of all, 
          renewing under inactive status requires licensees to pay the 
          renewal fee every two years when they have no intention of ever 
          practicing again.  Secondly, if licensees choose to not pay the 
          fees and have their license expire, they are considered 
          delinquent until the license is cancelled after three years.  
          Delinquency implies that the licensee is non-compliant with 
          Board requirements, such as past due fees or not fulfilling the 
          continuing education requirements.  It is unacceptable that 
          licensees should be given a delinquent status and have their 
          reputations tarnished when they simply are retired. 

          "In addition, simplifying the process of obtaining a retired 
          license with volunteer designation will encourage retired 
          optometrists to volunteer, increasing access to care for many 
          underserved communities.  Many charitable organizations need 
          volunteer optometrists on a temporary or permanent basis and 
          this license status would make it easier for these organizations 
          to obtain these services.








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          "There has also been confusion among licensees regarding Board 
          notification of temporary practice locations.  To provide 
          clarity and ensure consumer protection, SB 1215 would define 
          temporary practice and specify that if an optometrist needs to 
          extend the time period of temporary practice, then the licensee 
          must apply for a Statement of Licensure from the Board."

           Background  .  This bill establishes a retired status and a 
          volunteer designation status for licensed optometrists, and sets 
          a fee of no more than $25 for a retired license status and a 
          maximum fee of $50 for the retired license with volunteer 
          designation status.  The latter allows the holder to provide 
          voluntary, unpaid optometric services at health fairs, vision 
          screenings, and public service eye programs as long as 
          continuing education requirements are met.

          This bill also provides a definition for temporary practice, 
          rather than requiring the Board to do so, limiting temporary 
          practice to five calendar days in a 30-day period and 36 days in 
          a calendar year, and deletes a list of settings in which 
          temporary practice is allowed under current law.  In effect, 
          this allows optometrists more flexibility in the settings where 
          they practice on a temporary basis, while retaining requirements 
          to carry and present evidence of licensure and to provide 
          patients who are treated with the optometrist's primary practice 
          location and the temporary practice location where services were 
          provided.

          This bill also requires optometrists to obtain a statement of 
          licensure from the Board to be placed in all practice locations 
          other than the optometrist's principal place of practice, but 
          waives this requirement for optometrists who hold a branch 
          office license.

           Support  .  The California State Board of Optometry states, "This 
          bill will permit optometrists to maintain a license which they 
          value and obtained through hard work and dedication, and make 
          the conversion from retirement to active status a much smoother 
          transition if the optometrist decides to practice again?Removing 
          hurdles for retired optometrists who want to volunteer will 
          increase their numbers, and will be beneficial to thousands of 
          low-income children, families, and individuals who are uninsured 
          or underinsured and do not receive basic vision care."









                                                                  SB 1215
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           Previous legislation  .

          AB 431 (Ma) Chapter 395, Statutes of 2011, authorizes the 
          California Board of Accountancy to establish a retired status 
          license for certified public accountants and public accountants, 
          as specified.  

          AB 2191 (Emmerson), Chapter 548, Statutes of 2010, requires the 
          Board of Behavioral Sciences to issue a retired license to a 
          marriage and family therapist, educational psychologist, 
          clinical social worker and professional clinical counselor, as 
          specified.

          AB 2848 (Hernandez) of 2008 allows optometrists to apply for a 
          retired license.  This bill was held on the Senate Floor.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California State Board of Optometry (sponsor)
          California Optometric Association
          United Nurses Associations of California/Union of Health Care 
          Professionals
          VSP Vision Care
          One individual
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301