BILL ANALYSIS Ó
AB 1253
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CONCURRENCE IN SENATE AMENDMENTS
AB
1253 (Steinorth)
As Amended June 3, 2015
Majority vote
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|ASSEMBLY: |77-0 |(April 30, |SENATE: |39-0 |(June 29, 2015) |
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Original Committee Reference: B. & P.
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.
The Senate amendments:
1)Authorize a volunteer license to be issued to an applicant
whose license has not been renewed and has expired within the
last three years.
2)Specify that a volunteer license shall not be issued to an
applicant whose application would be subject to denial
pursuant to relevant provisions of the Business and
Professions Code.
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3)Make clarifying and technical changes.
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) Section 3000 et seq.)
2)Defines the practice of optometry to include the prevention
and diagnosis of disorders and dysfunctions of the visual
system, and the treatment and management of certain disorders
and dysfunctions of the visual system, as well as the
provision of rehabilitative optometric services, as specified.
(BPC Section 3041)
3)Requires the Board to adopt regulations that require, as a
condition to license renewal, that all licensees submit proof
satisfactory to the Board 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 Section 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 Section 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
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submitting proof of completion of the required number of hours
of continuing education (CE) for the last two years. (BPC
Section 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 Section 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 Section 3151)
8)Requires the Board to issue, upon application and payment of
prescribed fees, a license with retired volunteer service
designation to an optometrist who holds a retired license or a
license that is current and active. (BPC Section 3151.1)
9)Requires an applicant for a license with retired volunteer
service designation to certify that he or she has completed
the required number of CEs and that the sole purpose of the
license is to provide voluntary, unpaid optometric services at
health fairs, vision screenings, and public service eye
programs. (BPC Section 3151.1(b) (c))
10)Requires the holder of a retired license with volunteer
service designation 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 Section 3151.1(d))
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11)Limits the fee for a retired license, and the biennial
renewal fee for a retired license with volunteer designation,
to $50. (BPC Section 3152)
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Purpose of the bill. This bill is sponsored by the Board.
According to the author, "[This bill] is a consumer protection
measure which will ensure that retired optometrists are up to
date and current on standard optometric practices. Existing law
allows for someone who practiced optometry decades ago to
quickly maintain a retired volunteer license simply by signing
up and paying a fee. [This bill] will clarify that the Board
will only issue a 'retired volunteer license' to an applicant if
their regular optometrist license retired within the last three
years. If it has been longer than three years, the optometrist
would have to reapply to the Board as a new applicant.
Consumers hold a reasonable expectation that optometrists at a
health fair remain sufficiently educated in standard and current
practices and knowledge. [This bill] will follow through on
this expectation."
Retired and Retired Volunteer Service Licenses. SB 1215
(Emmerson), Chapter 359, Statutes of 2012, recently established
both retired licenses and licenses with retired volunteer
service designation for optometrists. Prior to these new
license categories, licensees who were entering retirement had
to choose between keeping an active license, and paying renewal
fees, or having their license expire and put on delinquent
status before the license was cancelled. In addition, SB 1215
made it easier for retired optometrists to volunteer by creating
the volunteer service designation. Regulations implementing the
fees for these license categories, set at $25 for retired
licenses and $50 for retired volunteer licenses, became
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effective on April 1, 2014.
An optometrist with retired volunteer status is able to practice
solely for the purpose of volunteering his or her services at
health fairs, vision screenings, and public service eye
programs. There is no limitation on the scope of services that
may be provided. Active retired volunteers are required to
certify that they meet CE requirements, and must continue to
meet CE requirements as a condition of renewal.
Continuing Education Requirements. BPC Section 3059 requires
the Board to adopt CE requirements for licensees, and California
Code of Regulations Title 16, Section 1536 outlines those
requirements. Licensees are required to complete 40 hours of
continuing optometric education course work within two years
immediately preceding the license expiration date, while
optometrists certified to use therapeutic pharmaceutical agents
are required to complete 50 hours of CEs. According to the
Board, while a retired licensee will have to certify that they
have met these CE requirements, this CE requirement is only
applicable to the licensee's last renewal period, because
retired licensees are not required to complete CEs. As a
result, under existing law, a retired licensee who has not
maintained an active license may be eligible for a retired
volunteer license at any point in time without completing any
additional CEs.
No Time Frame for Retired Volunteer Licenses. The Board notes
that because there is no time frame for a retired volunteer
license, it may allow a retired licensee who has not practiced
for decades and who has not kept up with any CE requirements to
convert their license to retired volunteer status and start
practicing again, which may pose a risk to consumers. According
to the Board, 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, regardless of whether those services are paid
for or not.
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Because these license categories are new, there are currently no
retired licensees who have been out of practice for more than
three years and thus would be ineligible to convert their
license to a retired volunteer license. In addition, there is
no basis to determine whether allowing licensees who have been
on retired status for more than three years provide, or have
provided, substandard care to consumers. However, the Board
seeks to prevent that possibility by limiting the time period a
licensee can be out of practice. In addition, the Board notes
that the practice of optometry is subject to great change,
especially with regards to scope of practice, which may increase
the likelihood that someone who is out of practice for longer
than three years might not be able to provide the same level of
service, especially when there are no limitations on the scope
of services a volunteer can provide.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN:
0001116