Amended in Senate June 3, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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.begin delete 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.end deletebegin delete Theend delete

begin insertTheend insert 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 wouldbegin delete 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 5 years. The bill wouldend deletebegin insert recast those provisions toend insert 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 licensebegin delete issued for 5 years or more,end deletebegin insert or a license that was issued, or that has expired and has gone unrenewed, for specified periods, including over 5 years,end insert if that licensee meetsbegin delete 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.end deletebegin insert specified requirements.end insert The bill would also require an applicant for a license with retired volunteer service designationbegin delete who has held a retired licenseend deletebegin insert whose retired license had been issued, or whose license had been expired, end insertbegin delete forend delete more thanbegin delete 3end deletebegin insert 3, but less than 5,end insert yearsbegin insert agoend insert tobegin delete complete, andend delete 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.

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:

P3    1

SECTION 1.  

Section 3151.1 of the Business and Professions
2Code
is amended to read:

3

3151.1.  

(a) The board shall issue, upon application and
4payment of the fee described in Section 3152, a license with retired
5volunteer service designation to an optometrist whobegin delete holds a retired
6license issued for less than five years or a license that is current
7and active.end delete
begin insert satisfies any of the following:end insert

begin insert

8(1) The applicant holds any of the following:

end insert
begin insert

9(A) A retired license issued within the last three years.

end insert
begin insert

10(B) A license that has not been renewed and has expired within
11the last three years.

end insert
begin insert

12(C) A license that is current and active.

end insert
begin insert

13(2) The applicant holds either of the following, and the applicant
14certifies on the application that he or she has completed an
15additional 50 hours of formal continuing optometric education
16coursework:

end insert
begin insert

17(A) A retired license issued more than three, but less than five,
18years ago.

end insert
begin insert

19(B) A license that has not been renewed and has expired more
20than three, but less than five, years ago.

end insert
begin insert

21(3) The applicant holds either of the following, and satisfies the
22requirements set forth in subdivisions (a) to (d), inclusive, of
23Section 3147.6:

end insert
begin insert

24(A) A retired license issued more than five years ago.

end insert
begin insert

25(B) A license that has not been renewed and has expired more
26than five years ago.

end insert
begin delete

27(b) The board shall issue, upon application and payment of the
28fee described in Section 3147.6, a license with volunteer service
29designation to the holder of a retired license issued for five years
30or more if he or she satisfies all the requirements of Section 3147.6.

31(c) The applicant shall certify on the application that he or she
32has completed the required number of continuing education hours
33pursuant to Section 3059. If the applicant has held a retired license
34for more than three years, the applicant shall complete, and certify
35on the application that he or she has completed an additional 50
36hours of formal continuing optometric education coursework.

end delete
begin insert

P4    1(b) The board shall not issue a license pursuant to this section
2to an applicant whose application would be subject to denial
3pursuant to Section 480.

end insert
begin delete

12 4(d)

end delete

5begin insert(c)end insert The applicant shall certify on the application that the sole
6purpose of the license with retired volunteer service designation
7is to provide voluntary, unpaid optometric services at health fairs,
8vision screenings, and public service eye programs.

begin delete

16 9(e)

end delete

10begin insert(d)end insert The holder of the retired license with volunteer service
11designation shall submit a biennial renewal application, with a fee
12fixed by this chapter and certify on each renewal that the required
13number of continuing education hours pursuant to Section 3059
14were completed, and certify that the sole purpose of the retired
15license with volunteer service designation is to provide voluntary,
16unpaid services as described in subdivisionbegin delete (d).end deletebegin insert (c).end insert Pursuant to
17Section 3146, the license expires at midnight on the last day of the
18licenseholder’s birth month every two years if not renewed.

19

SEC. 2.  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.



O

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