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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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)
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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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