BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: AB 1253 Hearing Date: June 8, 2015 ----------------------------------------------------------------- |Author: |Steinorth | |----------+------------------------------------------------------| |Version: |June 3, 2015 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Huchel | |: | | ----------------------------------------------------------------- Subject: Optometry: license: retired volunteer service designation. SUMMARY: Establishes educational and training requirements for an optometrist seeking a license with retired volunteer service designation (volunteer license) who has not held an active license in more than three years. Existing law: 1)Provides, pursuant to the Optometry Practice Act, for the licensure and regulation of optometrists by the Board of Optometry (Board) within the Department of Consumer Affairs. (Business and Professions Code (BPC) § 3000 et seq.) 2)Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, the treatment and management of certain disorders and dysfunctions of the visual system, and the provision of rehabilitative optometric services, as specified. (BPC § 3041) 3)Requires the Board to adopt regulations that require, as a condition of license renewal, that all licensees submit proof 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 AB 1253 (Steinorth) Page 2 of ? satisfactory to the Board or by other means deemed equivalent by the Board. (BPC § 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 § 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 § 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 § 3147.6) 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 § 3151) 8)Requires the Board to issue, upon application and payment of prescribed fees, a volunteer license to an optometrist who holds a retired license or a license that is current and active. (BPC § 3151.1) 9)Requires the holder of a volunteer license to renew that AB 1253 (Steinorth) Page 3 of ? 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 § 3151.1(d)) 10)Requires an optometrist to complete, within two years immediately preceding the license expiration date, either 40 hours of CE or, if the optometrist is certified to use therapeutic pharmaceutical agents, 50 hours of CE. (Title 16, California Code of Regulations § 1536) This bill: 1)Authorizes the Board to issue a volunteer license to an optometrist who satisfies any of the following: a) Holds a retired license issued within the last three years, a license that has expired within the last three years, or a license that is current and active. b) Holds a retired license issued more than three but less than five years ago, or a license that expired more than three but less than five years ago and is not subject to denial, as specified, if he or she certifies the completion of 50 hours of CE. c) Holds a retired license issued more than five years ago or has a license that expired more than five years ago and satisfies all of the following requirements: i) Is not subject to a license denial for specified reasons. ii) Applies to the Board. iii) Pays the specified fees. iv) Satisfactorily passes both of the following: (1) The National Board of Examiners in Optometry's Clinical Skills examination or other clinical examination approved by the Board. AB 1253 (Steinorth) Page 4 of ? (2) The Board's jurisprudence examination. 2)Provides that a volunteer license shall expire at midnight on the last day of the licenseholder's birth month every two years if not renewed. 3)Makes clarifying and technical amendments. FISCAL EFFECT: This measure has been keyed "fiscal" by Legislative Counsel. According to the Assembly Appropriations Committee, dated April 22, 2015, costs to the Board are projected to be minor and absorbable. Any increased workload would be funded by commensurate fee revenue. COMMENTS: 1.Purpose. This bill is sponsored by the California State Board of Optometry . According to the Author's office, this bill is necessary because "there is no defined period by which an optometrist must convert his/her license to a 'retired volunteer' license. This is problematic because existing law allows for a scenario in which an optometrist may not have practiced for decades, but can quickly and easily decide to obtain a retired volunteer license by filling out a form and paying a fee to the State Board of Optometry. "This poses consumer protection concerns, as consumers rightfully expect that a volunteer optometrist is at least relatively up to date on current standards, practices, and education within the optometric field. AB 1253 will uphold reasonable consumer expectations that a volunteer optometrist is qualified to offer services." 2.Background. The Board's mission is to protect the health and safety of California consumers through licensing, education, and regulation of the practice of optometry. There are currently over 8,800 licensed optometrists. 3.Retired and Volunteer Licenses. SB 1215 (Emmerson, Chapter 359, Statutes of 2012) established both retired and volunteer licenses. Prior to these new categories, licensees entering AB 1253 (Steinorth) Page 5 of ? retirement had to choose between keeping an active license and complying with the attendant obligations (renewal fees, CE requirements) or having their license placed on delinquent status due to non-renewal until it was cancelled. This delinquency status is public and could be construed as an indicator of professional impropriety, rather than just a choice to not renew due to retirement. SB 1215 allowed an optometrist to pay a one-time fee to obtain a retired license, which exempted the licensee from any further renewals and CE requirements in exchange for no longer practicing optometry. A retired optometrist could reactivate his or her license within three years without penalty. SB 1215 also allowed a retired optometrist to offer his or her services for free at health fairs, vision screenings, and public service eye programs by obtaining a volunteer license. SB 1215 required that a volunteer optometrist renew the license every two years and take the same CE requirements required of active licensees. While the law establishing a retired and retired volunteer license was established in 2012, there are currently no individuals with those designations because the Board is currently completing the implementing regulations. 4.No Timeframe for Retired Volunteer Licenses. In developing regulations for SB 1215, the Board noted that current law does not establish timeframes or competency requirements for returning a retired optometrist to practice. This could permit someone who has not practiced in decades and not kept up with changes in optometry to provide services to consumers. The Board believes that 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, whether those services are paid for or not. This bill establishes graduated education and training requirements for an optometrist to obtain a volunteer license based on his or her time out of practice. 5.Policy Question Regarding Retired Licenses. Current law allows a volunteer license to be issued to either an optometrist with an active or retired license. This bill also AB 1253 (Steinorth) Page 6 of ? allows a volunteer license to be issued to individuals who have allowed their licenses to expire and have not obtained a retired license, thereby bypassing the administrative requirement that entails a separate application form and payment. Because retired licenses do not yet exist, this bill will allow for a greater pool of potential volunteers because it captures all optometrists who have ceased practice. However, current law is still nonsensical with regards to obtaining a retired license. Retired licenses may currently only be issued to individuals immediately following active practice, so if an individual decides to allow his or her license to expire due to retirement, but later decides to obtain a retired license, he or she must reactivate his or her license (which, depending on the length of time between the expiration and reactivation may include complete retesting of optometry skills and knowledge), and then retire it. The Committee recommends amending these provisions to allow the issuance of a retired license to an optometrist whose license was in good standing prior to its expiration. 6.Previous 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 reactive the license if certain conditions were met. The bill also required the board to issue a volunteer license 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. 7.Arguments in Support. The California State Board of Optometry writes, "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, are licensed and up to date on current practices within the field of optometry. AB 1253 will uphold this expectation by establishing timeframes and expiration dates for retired volunteer service licenses." AB 1253 (Steinorth) Page 7 of ? SUPPORT AND OPPOSITION: Support: California State Board of Optometry (Sponsor) California Optometric Association Opposition: None on file as of June 2, 2015. -- END --