SB 492, as amended, Hernandez. Optometrist: practice: licensure.
The Optometry Practice Act creates the State Board of Optometry, which licenses optometrists and regulates their practice. Existing law defines the practice of optometry to include, among other things, the prevention and diagnosis of disorders and dysfunctions of the visual system, and the treatment and management of certain disorders and dysfunctions of the visual system, as well as the provision of rehabilitative optometric services, and doing certain things, including, but not limited to, the examination of the human eyes, the determination of the powers or range of human vision, and the prescribing of contact and spectacle lenses. Existing law provides that the State Board of Optometry is required, by regulation, to establish educational and examination requirements for licensure to ensure the competence of optometrists to practice. Any violation of the act is a crime.
This bill would delete the definition of the practice of optometry and would instead provide that a licensed optometrist would be authorized to perform certain health-related services, including, but not limited to, examining, preventing, diagnosing, and treating any disease, condition, or disorder of the visual system, the human eye, and adjacent and related structuresbegin insert of the visual systemend insert, prescribing appropriate drugs, including narcotics, and administering immunizationsbegin insert and to diagnose other common primary care conditions that have ocular manifestationsend insert.begin insert The bill would also authorize an optometrist, who is operating under a protocol with a physician and surgeon or a health care facility, or participating in a specified system of care in which the patient is being otherwise treated, to initiate treatment and manage medications for those diagnosed conditions.end insert The bill would require the board to require applicants for licensure to successfully complete specified examinations, and would authorize the board to require the passage of additional examinations with regard to competency to utilize diagnostic and therapeutic pharmaceutical agents, if not covered by the required examinations.
Because this bill would change the definition of a crime, it would create 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: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3041 of the Business and Professions
2Code is repealed.
Section 3041 is added to the Business and Professions
4Code, to read:
(a) An optometrist license authorizes the holder to do
6all of the following:
7(1) Examine, prevent, diagnose, and treat any disease, condition,
8or disorder of the visual system, the human eye, and adjacent and
9related structuresbegin insert of the visual systemend insert.
10(2) The use or prescription of appropriate drugs, including
11narcotic substances other than those listed in Schedule 1.
12(3) The performance ofbegin insert
minor end insert surgical and nonsurgical primary
13begin insert eyeend insert care procedures requiring no more than topical or local
14anesthetic, or bothbegin insert, consistent with an optometrist’s education and
15trainingend insert.
P3 1(4) The use or prescription of visual therapy, ocular exercises
2or vision habilitation, and rehabilitation services.
3(5) The performance or ordering of appropriate laboratory and
4diagnostic imaging tests.
5(b) An optometrist may administer immunizations.
6(c) In
addition to diagnosing and treating conditions of the visual
7system pursuant to subdivision (a), an optometrist may diagnose
8otherbegin insert common primary careend insert conditions that have ocular
9manifestationsbegin delete, initiate treatment, and, in consultation with a .
10physician, manage medications for these conditionsend delete
11(d) In addition to the authority provided in subdivisions (a) to
12(c), inclusive, an optometrist who is operating under a protocol
13with a physician and surgeon or a health care facility, or
14participating in a medical home, accountable care organization,
15or other system of care in which the patient is being otherwise
16treated, may initiate
treatment and manage medications for
17conditions diagnosed pursuant to subdivision (c).
Section 3041.2 of the Business and Professions Code
19 is repealed.
Section 3041.2 is added to the Business and Professions
21Code, to read:
(a) The State Board of Optometry shall establish, by
23regulation, educational and examination requirements for licensure
24to ensure the competence of optometrists to practice.
25(b) On and after January 1, 2014, the board shall require each
26applicant for licensure to successfully complete the Part I, Part II,
27and Part III examinations of the National Board of Examiners in
28Optometry.
29(c) On and after January 1, 2014, the board shall require each
30applicant for licensure to successfully complete an examination
31in California law and ethics developed and administered by the
32board.
33(d) On and after January 1, 2014, the board may require passage
34of additional examinations to ensure the competency of licentiates
35to utilize diagnostic and therapeutic pharmaceutical agents, if not
36otherwise covered by the examinations required pursuant to
37subdivisions (a) and (b).
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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