BILL ANALYSIS Ó
AB 684
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Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
684 (Alejo) - As Amended May 11, 2015
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Urgency: Yes State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill exempts, until January 1, 2017, a registered
dispensing optician or optometrist from any disciplinary action
from the Medical Board of California, the Board of Optometry or
any other state agency with enforcement authority, when both an
AB 684
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optometrist and optician practice in the same location.
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
1)Purpose. This bill proposes a safe harbor provision from state
law prohibiting co-location and other business relationships
between optometrists and opticians until January 1, 2017, that
will allow for constructive dialogue between stakeholders and
regulatory entities to resolve a series of legal disputes.
According to the author, the evolution of healthcare requires
that California law and policy also evolve to effectuate the
state's goals of increased access to quality affordable care.
The ultimate goal is to create a comprehensive legislative
solution that protects patient access to care, respects
optometrists' clinical judgment and professional choice and
provides regulatory entities with clear direction. This bill
provides a temporary exemption from prosecution and
enforcement until a sensible regulatory regime can be
negotiated.
2)Background. A series of enforcement actions and legal disputes
over the last five years has created regulatory uncertainty
for businesses like Walmart and Lenscrafters that operate
co-located optical retail stores that also provide optometry
care. Current state law prohibits these common business
relationships.
AB 684
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3)Related Legislation. AB 595 (Alejo), pending in Business and
Professions Committee, prohibits a licensed registered
dispensing optician or a manufacturer or distributor of
optical goods that is renting or leasing office space to or
from, sharing office space with, or receiving space from an
optometrist, from engaging in conduct that would influence or
interfere with the clinical decisions of that optometrist.
Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081