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 --