BILL ANALYSIS Ó
AB 1253
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Date of Hearing: April 7, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1253
Steinorth - As Introduced February 27, 2015
SUBJECT: Optometry: license: retired volunteer service
designation.
SUMMARY: Limits the issuance of a license with a retired
volunteer service designation to an optometrist who holds a
retired license for less than three years, and requires the
holder of a retired license issued for more than three years to
meet certain requirements, including passing clinical and
jurisprudence examinations, in order for the State Board of
Optometry (Board) to issue a license with retired volunteer
service designation.
EXISTING LAW
1)Provides, pursuant to the Optometry Practice Act, for the
licensure and regulation of optometrists by the Board within
the Department of Consumer Affairs. (Business and Professions
Code (BPC) Section 3000 et seq.)
2)Defines the practice of optometry to include the prevention
and diagnosis of disorders and dysfunctions of the visual
system, and the treatment and management of certain disorders
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and dysfunctions of the visual system, as well as the
provision of rehabilitative optometric services, as specified.
(BPC Section 3041)
3)Requires the Board to adopt regulations that require, as a
condition to license renewal, that all licensees submit proof
satisfactory to the Board that they have informed themselves
of the developments in the practice of optometry occurring
since the original issuance of their licenses by pursuing one
or more courses of study satisfactory to the Board or by other
means deemed equivalent by the Board. (BPC Section 3059)
4)Provides that a license expires at midnight on the last day of
the licenseholder's birth month following its original
issuance and thereafter at midnight on the last day of the
licenseholder's birth month every two years if not renewed.
(BPC Section 3146)
5)Authorizes an expired license to be renewed at any time within
three years after its expiration, and a retired license issued
for less than three years to be reactivated to active status
by filing an application for renewal, paying all fees, and
submitting proof of completion of the required number of hours
of continuing education (CE) for the last two years. (BPC
Section 3147)
6)Authorizes the Board to reactivate or restore to active status
a license that is not renewed within three years after its
expiration, or a retired license issued for more than three
years, if specified requirements are met, including the
passage of 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. (BPC Section 3147.6)
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7)Requires the Board to issue, upon application and payment of
prescribed fees, a retired license to an optometrist who holds
a current and active license; exempts a retired licensee from
CE requirements, and prohibits a retired licensee from
practicing optometry. (BPC Section 3151)
8)Requires the Board to issue, upon application and payment of
prescribed fees, a license with retired volunteer service
designation to an optometrist who holds a retired license or a
license that is current and active. (BPC Section 3151.1)
9)Requires an applicant for a license with retired volunteer
service designation to certify that he or she has completed
the required number of CEs and that the sole purpose of the
license is to provide voluntary, unpaid optometric services at
health fairs, vision screenings, and public service eye
programs. (BPC Section 3151.1(b) (c))
10)Requires the holder of a retired license with volunteer
service designation to renew that license biennially, and to
certify that he or she has completed the CE requirements and
that the sole purpose of the license is to provide voluntary,
unpaid optometric services. (BPC Section 3151.1(d))
11)Limits the fee for a retired license, and the biennial
renewal fee for a retired license with volunteer designation,
to fifty dollars ($50). (BPC Section 3152)
THIS BILL
1)Specifies that the Board may issue a license with retired
volunteer service designation to an optometrist who holds a
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retired license for less than three years.
2)Requires the holder of a retired license issued for more than
three years to meet certain requirements, including the
passage of 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, in order for the Board to issue, upon application
and payment of the prescribed fee, a license with volunteer
service designation.
3)Clarifies that a license with retired volunteer service
designation expires at midnight on the last day of the
licenseholder's birth month every two years if not renewed.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS
1)Purpose. This bill is sponsored by the Board. According to
the author, "[This bill] is a consumer protection measure
which will ensure that retired optometrists are up to date and
current on standard optometric practices. Existing law allows
for someone who practiced optometry decades ago to quickly
maintain a retired volunteer license simply by signing up and
paying a fee. [This bill] will clarify that the Board will
only issue a 'retired volunteer license' to an applicant if
their regular optometrist license retired within the last
three years. If it has been longer than three years, the
optometrist would have to reapply to the Board as a new
applicant. Consumers hold a reasonable expectation that
optometrists at a health fair remain sufficiently educated in
standard and current practices and knowledge. [This bill]
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will follow through on this expectation."
2)Background. Retired and Retired Volunteer Service Licenses.
SB 1215 (Emmerson), Chapter 359, Statutes of 2012, recently
established both retired licenses and licenses with retired
volunteer service designation for optometrists. Prior to
these new license categories, licensees who were entering
retirement had to choose between keeping an active license,
and paying renewal fees, or having their license expire and
put on delinquent status before the license was cancelled. In
addition, SB 1215 made it easier for retired optometrists to
volunteer by creating the volunteer service designation.
Regulations implementing the fees for these license
categories, set at twenty-five dollars ($25) for retired
licenses and fifty dollars ($50) for retired volunteer
licenses, became effective on April 1, 2014.
An optometrist with retired volunteer status is able to practice
solely for the purpose of volunteering his or her services at
health fairs, vision screenings, and public service eye
programs. There is no limitation on the scope of services
that may be provided. Active retired volunteers are required
to certify that they meet CE requirements, and must continue
to meet CE requirements as a condition of renewal.
Continuing Education Requirements. BPC Section 3059 requires
the Board to adopt CE requirements for licensees, and Section
1536 of Title 16 of the California Code of Regulations
outlines those requirements. Licensees are required to
complete 40 hours of continuing optometric education course
work within two years immediately preceding the license
expiration date, while optometrists certified to use
therapeutic pharmaceutical agents are required to complete 50
hours of CEs. According to the Board, while a retired
licensee will have to certify that they have met these CE
requirements, this CE requirement is only applicable to the
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licensee's last renewal period, because retired licensees are
not required to complete CEs. As a result, under existing
law, a retired licensee who has not maintained an active
license may be eligible for a retired volunteer license at any
point in time without completing any additional CEs.
No Time Frame for Retired Volunteer Licenses. The Board notes
that because there is no time frame for a retired volunteer
license, it may allow a retired licensee who has not practiced
for decades and who has not kept up with any CE requirements
to convert their license to retired volunteer status and start
practicing again, which may pose a risk to consumers.
According to the Board, consumers who rely on retired
volunteer optometrists rightfully expect that the licensee is
up to date on current standards, practices, and education
within the optometry field, regardless of whether those
services are paid for or not.
Because these license categories are new, there are currently no
retired licensees who have been out of practice for more than
three years and thus would be ineligible to convert their
license to a retired volunteer license. In addition, there is
no basis to determine whether allowing licensees who have been
on retired status for more than three years provide, or have
provided, substandard care to consumers. However, the Board
seeks to prevent that possibility by limiting the time period
a licensee can be out of practice. In addition, the Board
notes that the practice of optometry is subject to great
change, especially with regards to scope of practice, which
may increase the likelihood that someone who is out of
practice for longer than three years might not be able to
provide the same level of service, especially when there are
no limitations on the scope of services a volunteer can
provide.
3)Prior Legislation. SB 1215 (Emmerson), Chapter 359, Statutes
of 2012, required the Board to issue a retired license to an
optometrist with a current and active license, prohibited the
holder of a retired license from engaging in the practice of
optometry, and authorized the holder of a retired license to
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reactive the license if certain conditions were met. The bill
also required the board to issue a retired license with a
volunteer service designation to an optometrist with a retired
or current and active license, and required that applicant to
certify completion of specified continuing education hours,
and established renewal procedures for that license
designation.
ARGUMENTS IN SUPPORT. The California Board of Optometry writes
in support, "Existing law allows for the holder of a retired
license to convert said license to a retired volunteer service
license at any time - even if their retired license is many
years old, and have not practiced optometry in several years.
Consumers have a reasonable expectation that an optometrist who
serves at a public health fair, for example, [is] licensed and
up to date on current practices within the field of optometry.
AB 1253 will uphold this expectation by establishing time frames
and expiration dates for retired volunteer service licenses.
This policy aims to increase consumer protection, which is
especially critical in the health field, specifically dealing
with one's vision and eyesight."
According to the California Optometric Association (COA), "This
measure clarifies the pathway for obtaining a 'retired
volunteer' license. COA supports giving retired doctors of
optometry the ability to provide eye care in a volunteer
capacity for those in need."
ARGUMENTS IN OPPOSITION.
None on file.
POLICY ISSUES FOR CONSIDERATIONS. According to the author, the
time period for a retired license to convert to a retired
volunteer license is limited to three years because that is the
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established time period for a license to be expired or on
retired status before it can be reactivated without having to
retake examinations. However, the author may wish to consider
whether limiting the time period to three years may have the
inadvertent effect of limiting the pool of potential volunteers
who are able to provide competent services to those in need.
While the author raises a legitimate concern regarding the
amount of time someone can be out of practice and still engage
in practice, especially in light of the limited CE requirement,
the author may wish to consider whether such concerns about
keeping up to date with current practices could be mitigated by,
for example, an additional CE requirement. As a result, the
author may wish to consider increasing the amount of time a
retired licensee can convert to a retired volunteer license,
without having to retake examinations, and contingent upon the
licensee's completion of the additional CE requirements. This
may provide a balanced approach to ensuring that all consumers,
regardless of their ability to pay, are provided with competent
services, and promote access to care by limiting barriers to
volunteers.
SUGGESTED AUTHOR'S AMENDMENTS.
On page 2, line 6, strike "three" and insert "five"
On page 2, line 10, strike "three" and insert "five"
On page 2, line 15, insert the following: "If the applicant has
held a retired license for more than three years, the applicant
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shall complete, and certify on the application that he or she
has completed, an additional 50 hours of formal continuing
optometric education course work."
REGISTERED SUPPORT / OPPOSITION:
Support
State Board of Optometry (sponsor)
California Optometric Association
Opposition
None on file.
Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301
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