BILL ANALYSIS Ó SB 492 Page 1 SENATE THIRD READING SB 492 (Ed Hernandez) As Amended August 19, 2014 Majority vote SENATE VOTE :25-5 BUSINESS & PROFESSIONS 8-1 APPROPRIATIONS 10-1 ----------------------------------------------------------------- |Ayes:|Bonilla, Jones, |Ayes:|Gatto, Bocanegra, | | |Dickinson, Eggman, | |Bradford, | | |Gordon, Mullin, Skinner, | |Ian Calderon, Campos, | | |Wilk | |Eggman, Gomez, Holden, | | | | |Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Maienschein |Nays:|Ridley-Thomas | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes an optometrist to administer influenza and herpes zoster virus (shingles) immunizations for persons 18 years of age and older after completing a training program. Specifically, this bill : 1)Requires the Board of Optometry (Board) to grant an optometrist, certified as specified, a certificate for the use of certain immunizations once the optometrist meets the following requirements: a) Completes an immunization training program endorsed by the federal Centers for Disease Control and Prevention (CDC) that, at a minimum, includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines, and maintains that training; b) Is certified in basic life support; and, c) Complies with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient's primary care provider and entering information in the appropriate immunization registry SB 492 Page 2 designated by the immunization branch of the State Department of Public Health (DPH). 2)Defines "immunization" for purposes of this bill to mean the "administration of immunizations for influenza and herpes zoster virus in compliance with individual Advisory Committee on Immunization Practices (ACIP) vaccine recommendations published by the CDC for persons 18 years of age or older. 3)Requires the Board to set the fee by regulation, which shall not exceed $100, for the issuance and renewal of an immunization administration certificate at the reasonable cost of regulating immunization certified optometrists. 4)Makes other technical or non-substantive amendments. 5)Declares that no reimbursement is required by this bill 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, changes the penalty for a crime or infraction, or changes the definition of a crime. EXISTING LAW : 1)Establishes the Board within the Department of Consumer Affairs, which licenses optometrists and regulates the practice of optometry. (Business and Professions Code (BPC) Section 3010.5) 2)Authorizes the Board to establish educational and examination requirements for licensure. (BPC Section 3041.2) 3)Authorizes a licensed pharmacist administer immunizations pursuant to a protocol with a prescriber. (BPC Section 4052) 4)Authorizes a licensed pharmacist to independently initiate and administer vaccines listed on the routine immunization schedules recommended by the ACIP, in compliance with individual ACIP vaccine recommendations, and published by the CDC for persons three years of age and older. (BPC Section 4052.8(a)) 5)Requires a licensed pharmacist, in order to initiate and SB 492 Page 3 administer an immunization, to do the following: a) Complete an immunization training program endorsed by the CDC or the Accreditation Council for Pharmacy Education that, at a minimum, includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines, and shall maintain that training; b) Be certified in basic life support; and, c) Comply with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient's primary care provider and entering information in the appropriate immunization registry designated by the immunization branch of DPH. 6)Authorizes a pharmacist to initiate and administer epinephrine or diphenhydramine by injection for the treatment of a severe allergic reaction. (BPC Section 4052.8) FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)One-time costs of approximately $150,000 per year for the first two years for exam development, Information Technology changes, regulations, licensing, enforcement, and program oversight. 2)Ongoing costs for enforcement and program oversight are expected to be approximately $100,000. 3)Increased revenues of $50,000 associated with an increase in certification fees currently authorized for treatment of glaucoma, as this certification is necessary to pursue the advanced certification created by this bill. COMMENTS : 1)Purpose of this bill. This bill would authorize an optometrist to administer influenza and herpes zoster virus (shingles) immunizations to persons 18 years of age and older after completing a training program endorsed by the CDC. This bill is sponsored by the California Optometric Association. SB 492 Page 4 2)The practice of optometry. An optometrist (Doctor of Optometry or O.D.) is an independent primary health care professional for the eye. Optometrists examine, diagnose, treat, and manage diseases, injuries, and disorders of the visual system, the eye, and associated structures, as well as identify related systemic conditions affecting the eye. O.D.'s are authorized to prescribe certain medications, low vision rehabilitation, vision therapy, spectacle lenses, contact lenses, and perform certain surgical procedures. Optometrists have a narrower scope of practice than do ophthalmologists (physicians that specialize in treating the eye), but are held to the identical standard of care for the same treatments they provide. In order to be licensed to practice by the Board, an individual must obtain an O.D. degree, pass the three-part National Board of Examiners in Optometry examination, and the California Optometric State Law Examination. There are currently more than 9,100 optometrists in practice in California. Optometrists are trained to diagnose mild to severe eye problems such as serious eye infections, inflammations of the eye, trauma, foreign bodies and glaucoma (pressure inside the eye). They also examine the eye for vision prescription and corrective lenses. Optometrists may also pursue any of five additional state certifications to perform certain advanced procedures: use of diagnostic pharmaceutical agents; use of therapeutic pharmaceutical agents (TPA); lacrimal irrigation and dilation for individuals over the age of 12 in addition to the TPA certification; diagnosis and treatment of open angle glaucoma for adults in addition to the TPA certification; and a combination of TPA, TPL and TPG certifications. 3)Immunizations. This bill would authorize a TPA-certified optometrist to administer immunization shots to persons 18 years of age and older for influenza and herpes zoster virus (shingles). As a prerequisite, the optometrist must complete a CDC-approved training program that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines. The optometrist must also be certified in basic life support and comply with SB 492 Page 5 state and federal recordkeeping and reporting requirements. Analysis Prepared by : Hank Dempsey / B., P. & C.P. / (916) 319-3301 FN: 0004994