BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1253|
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                                   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.) 








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           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) 







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           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.








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               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.    








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          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,  







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          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
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