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 SB 1215 Page 2 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: SB 1215 Page 3 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 SB 1215 Page 4 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. SB 1215 Page 5 "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 Page 6 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