California Legislature—2015–16 Regular Session

Assembly Bill No. 1359

Introduced by Assembly Member Nazarian

February 27, 2015

An act to amend Section 3041.3 of the Business and Professions Code, relating to optometry.

LEGISLATIVE COUNSEL’S DIGEST

AB 1359, as introduced, Nazarian. Optometry: therapeutic pharmaceutical agents certification: requirements.

(1) The Optometry Practice Act provides for the licensure and regulation of optometrists by the State Board of Optometry. The act 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, and authorizes optometrists to engage in specified acts if certain requirements are met, including, the use of therapeutic pharmaceutical agents. The act authorizes the board to grant a certificate to use therapeutic pharmaceutical agents to an applicant who graduated from a California accredited school of optometry, prior to January 1, 1996, and is licensed as an optometrist in the state if certain requirements are met, including, but not limited to, completing a didactic course of at least 80 classroom hours in the diagnosis, pharmacological, and other treatment and management of ocular disease, as specified.

This bill would change all references to a certificate to use therapeutic pharmaceutical agents to refer to a therapeutic pharmaceutical agents (TPA) certification. The bill would delete certain requirements for an applicant for a therapeutic pharmaceutical agents certification who graduated from a California accredited school of optometry, prior to January 1, 1996, and is licensed as an optometrist in the state, including, but not limited to, completing a didactic course of at least 80 classroom hours, as specified. The bill would require such an applicant to complete a preceptorship of at least 65 hours, as specified, with either a TPA-certified optometrist in good standing or a physician and surgeon board-certified in opthalmology in good standing, and would require such an applicant to complete a minimum of 80 hours of directed and accredited education in ocular and systemic diseases, as specified. The bill would require a preceptor to certify completion of the preceptorship on a form approved by the board.

(2) The act exempts an optometrist who graduated from an accredited school of optometry on or after January 1, 1992, and before January 1, 1996, from meeting specified requirements for the issuance of a certificate to use therapeutic pharmaceutical agents, including the didactic course of at least 80 classroom hours.

This bill would delete those exemptions for an optometrist who graduated from an accredited school of optometry on or after January 1, 1992, and before January 1, 1996, and instead require such an applicant to meet the requirements for the issuance of a therapeutic pharmaceutical agents certification that apply to an applicant who graduated from a California accredited school of optometry, prior to January 1, 1996, as specified.

(3) The act also authorizes the board to grant a certificate to use therapeutic pharmaceutical agents to an applicant who graduated from a California accredited school of optometry, on or after January 1, 1996, and is licensed as an optometrist in the state if certain requirements are met, including, but not limited to, completing 10 hours of experience with a board certified opthalmologist.

This bill would delete certain requirements for an applicant for a therapeutic pharmaceutical agents certification who graduated from a California accredited school of optometry, on or after January 1, 1996, and is licensed as an optometrist in the state, and would instead require such an applicant to pass all sections of the National Board of Examiners in Optometry’s national board examination or its equivalent, as determined by the board, in order to be granted a therapeutic pharmaceutical agents certification.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3041.3 of the Business and Professions
Code is amended to read:

3041.3.  

(a) In order to be certified to use therapeutic
pharmaceutical agents and authorized to diagnose and treat the
conditions listed in subdivisions (b), (d), and (e) of Section 3041,
an optometrist shall apply for a certificate from the board and meet
all requirements imposed by the board.

(b) The board shall grant a begin delete certificate to use end delete therapeutic
pharmaceutical agents begin insert (TPA) certification end insert to any applicant who
graduated from a California accredited school of optometry prior
to January 1, 1996, is licensed as an optometrist in California, and
meets all of the following requirements:

begin delete

(1) Satisfactorily completes a didactic course of no less than 80
classroom hours in the diagnosis, pharmacological, and other
treatment and management of ocular disease provided by either
an accredited school of optometry in California or a recognized
residency review committee in ophthalmology in California.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Completes a preceptorship of no less than 65 hours, during
a period of not less than two months nor more than one year, begin delete in end delete
begin insert with end insert either begin delete an ophthalmologist’s office or an optometric clinic. end delete begin insert a
TPA-certified optometrist in good standing or a physician and
surgeon board-certified in opthalmology in good standing. end insert The
training received during the preceptorship shall be on the diagnosis,
treatment, and management of begin delete ocular, end delete begin insert ocular and end insert systemic disease.
The preceptor shall certify completion of the preceptorship begin insert using
a form approved by the board end insert . begin delete Authorization for the
ophthalmologist to serve as a preceptor shall be provided by an
accredited school of optometry in California, or by a recognized
residency review committee in ophthalmology, and the preceptor
shall be licensed as an ophthalmologist in California,
board-certified in ophthalmology, and in good standing with the
Medical Board of California. end delete The individual serving as the
preceptor shall schedule no more than three optometrist applicants
for each of the required 65 hours of the preceptorship program.
This paragraph shall not be construed to limit the total number of
optometrist applicants for whom an individual may serve as a
preceptor, and is intended only to ensure the quality of the
preceptorship by requiring that the begin delete ophthalmologist end delete preceptor
schedule the training so that each applicant optometrist completes
each of the 65 hours of the preceptorship while scheduled with no
more than two other optometrist applicants.

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  Successfully completes a minimum of begin delete 20 end delete begin insert 80 end insert hours of
begin delete self-directed end delete begin insert directed and accredited end insert education begin insert in ocular and
systemic diseases within two years prior to meeting the
requirements of paragraph (1) end insert .

begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  Passes the National Board of Examiners in Optometry’s
“Treatment and Management of Ocular Disease” examination or,
in the event this examination is no longer offered, its equivalent,
as determined by the State Board of Optometry.

begin delete

(5) Passes the examination issued upon completion of the
80-hour didactic course required under paragraph (1) and provided
by the accredited school of optometry or residency program in
ophthalmology.

end delete begin delete

(6) When any or all of the requirements contained in paragraph
(1), (4), or (5) have been satisfied on or after July 1, 1992, and
before January 1, 1996, an optometrist shall not be required to
fulfill the satisfied requirements in order to obtain certification to
use therapeutic pharmaceutical agents. In order for this paragraph
to apply to the requirement contained in paragraph (5), the didactic
examination that the applicant successfully completed shall meet
equivalency standards, as determined by the board.

end delete begin delete

(7) Any optometrist who graduated from an accredited school
of optometry on or after January 1, 1992, and before January 1,
1996, shall not be required to fulfill the requirements contained in
paragraphs (1), (4), and (5).

end delete

(c) The board shall grant a begin delete certificate to use end delete therapeutic
pharmaceutical agents begin insert certification end insert to any applicant who graduated
from a California accredited school of optometry on or after
January 1, 1996, who is licensed as an optometrist in California,
and who begin delete meets all of the following requirements: end delete

begin delete (1) end delete begin delete   end delete begin delete Passes end delete begin insert passes all sections of end insert the National Board of Examiners
in Optometry’s national board begin delete examination, end delete begin insert examination end insert or its
equivalent, as determined by the State Board of Optometry.

begin delete

(2) Of the total clinical training required by a school of
optometry’s curriculum, successfully completed at least 65 of those
hours on the diagnosis, treatment, and management of ocular,
systemic disease.

end delete begin delete

(3) Is certified by an accredited school of optometry as
competent in the diagnosis, treatment, and management of ocular,
systemic disease to the extent authorized by this section.

end delete begin delete

(4) Is certified by an accredited school of optometry as having
completed at least 10 hours of experience with a board-certified
ophthalmologist.

end delete

(d) The board shall grant a begin delete certificate to use end delete therapeutic
pharmaceutical agents begin insert certification end insert to any applicant who is an
optometrist who obtained his or her license outside of California
if he or she meets all of the requirements for an optometrist licensed
in California to be certified to use therapeutic pharmaceutical
agents.

(1) In order to obtain a begin delete certificate to use end delete therapeutic
pharmaceutical agents begin insert certification end insert , any optometrist who obtained
his or her license outside of California and graduated from an
accredited school of optometry prior to January 1, 1996, shall be
required to fulfill the requirements set forth in subdivision (b). In
order for the applicant to be eligible for the certificate to use
therapeutic pharmaceutical agents, the education he or she received
at the accredited out-of-state school of optometry shall be
equivalent to the education provided by any accredited school of
optometry in California for persons who graduate before January
1, 1996. For those out-of-state applicants who request that any of
the requirements contained in subdivision (b) be waived based on
fulfillment of the requirement in another state, if the board
determines that the completed requirement was equivalent to that
required in California, the requirement shall be waived.

(2) In order to obtain a begin delete certificate to use end delete therapeutic
pharmaceutical agents begin insert certification end insert , any optometrist who obtained
his or her license outside of California and who graduated from
an accredited school of optometry on or after January 1, 1996,
shall be required to fulfill the requirements set forth in subdivision
(c). In order for the applicant to be eligible for the certificate to
use therapeutic pharmaceutical agents, the education he or she
received by the accredited out-of-state school of optometry shall
be equivalent to the education provided by any accredited school
of optometry for persons who graduate on or after January 1, 1996.
For those out-of-state applicants who request that any of the
requirements contained in subdivision (c) be waived based on
fulfillment of the requirement in another state, if the board
determines that the completed requirement was equivalent to that
required in California, the requirement shall be waived.

(3) The State Board of Optometry shall decide all issues relating
to the equivalency of an optometrist’s education or training under
this subdivision.