Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1253

Introduced by Assembly Member Steinorth

February 27, 2015

An act to amend Section 3151.1 of the Business and Professions Code, relating to optometry.

LEGISLATIVE COUNSEL’S DIGEST

AB 1253, as amended, Steinorth. Optometry: license: retired volunteer service designation.

The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry and makes a violation of the act a crime. The act requires the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry. The act authorizes the holder of a retired license issued for less than 3 years to reactivate the license to active status if certain requirements have been met, including, the filing of an application for reactivation on a form prescribed by the board. The act authorizes the holder of a retired license issued for more than 3 years to reactivate the license to active status if certain additional requirements have been met, including, that the holder of the retired license passes both the National Board of Examiners in Optometry’s Clinical Skills examination, or other clinical examination approved by the board, and the board’s jurisprudence examination. The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would limit the existing requirement that the board issue a license with retired volunteer service designation to an optometrist who holds a retired license to an optometrist who holds a retired license issued for less than begin delete 3 end delete begin insert 5 end insert years. The bill would require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license issued for begin delete 3 end delete begin insert 5 end insert years or more, if that licensee meets all the requirements for an optometrist to reactivate his or her retired license issued for more than 3 years, as described above, and satisfies all other requirements of an applicant for a license with retired volunteer service designation. begin insert The bill would also require an applicant for a license with retired volunteer service designation who has held a retired license for more than 3 years to complete, and certify on the application that he or she has completed, an additional 50 hours of formal continuing education coursework. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. end insert

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 3151.1 of the Business and Professions
Code is amended to read:

3151.1.  

(a) The board shall issue, upon application and
payment of the fee described in Section 3152, a license with retired
volunteer service designation to an optometrist who holds a retired
license issued for less than begin delete three end delete begin insert five end insert years or a license that is
current and active.

(b) The board shall issue, upon application and payment of the
fee described in Section 3147.6, a license with volunteer service
designation to the holder of a retired license issued for begin delete three end delete begin insert five end insert
years or more if he or she satisfies all the requirements of Section
3147.6.

(c) The applicant shall certify on the application that he or she
has completed the required number of continuing education hours
pursuant to Section 3059. begin insert If the applicant has held a retired license
for more than three years, the applicant shall complete, and certify end insert
begin insert on the application that he or she has completed an additional 50
hours of formal continuing optometric education coursework. end insert

(d) The applicant shall certify on the application 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.

(e) The holder of the retired license with volunteer service
designation shall submit a biennial renewal application, with a fee
fixed by this chapter and certify on each renewal that the required
number of continuing education hours pursuant to Section 3059
were completed, and certify that the sole purpose of the retired
license with volunteer service designation is to provide voluntary,
unpaid services as described in subdivision begin delete (c). end delete begin insert (d). end insert Pursuant to
Section 3146, the license expires at midnight on the last day of the
licenseholder’s birth month every two years if not renewed.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution 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, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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