BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1253| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1253 Author: Steinorth (R) Amended: 6/3/15 in Senate Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote SUBJECT: Optometry: license: retired volunteer service designation SOURCE: California State Board of Optometry DIGEST: This bill 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. ANALYSIS: 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.) AB 1253 Page 2 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 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) AB 1253 Page 3 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 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. AB 1253 Page 4 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. (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. Background 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 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. AB 1253 Page 5 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. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT: (Verified 6/22/15) California State Board of Optometry (source) California Optometric Association OPPOSITION: (Verified 6/22/15) None received 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." ASSEMBLY FLOOR: 77-0, 4/30/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, AB 1253 Page 6 Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Chávez, Gomez Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104 6/23/15 9:49:13 **** END ****