BILL NUMBER: AB 1359 INTRODUCED
BILL TEXT
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 certificate to use
therapeutic pharmaceutical agents (TPA) certification 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:
(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.
(2)
(1) Completes a preceptorship of no less than 65 hours,
during a period of not less than two months nor more than one year,
in with either an
ophthalmologist's office or an optometric clinic. a
TPA-certified optometrist in good standing or a physician and surgeon
board-certified in opthalmology in good standing. The training
received during the preceptorship shall be on the diagnosis,
treatment, and management of ocular, ocular
and systemic disease. The preceptor shall certify completion of
the preceptorship using a form approved by the board .
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. 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 ophthalmologist
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.
(3)
( 2) Successfully completes a minimum of
20 80 hours of self-directed
directed and accredited education in ocular
and systemic diseases within two years prior to meeting the
requirements of paragraph (1) .
(4)
( 3) 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.
(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.
(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.
(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).
(c) The board shall grant a certificate to use
therapeutic pharmaceutical agents certification 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 meets all of the
following requirements:
(1) Passes
passes all sections of the National Board of Examiners in
Optometry's national board examination,
examination or its equivalent, as determined by the State Board
of Optometry.
(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.
(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.
(4) Is certified by an accredited school of optometry as having
completed at least 10 hours of experience with a board-certified
ophthalmologist.
(d) The board shall grant a certificate to use
therapeutic pharmaceutical agents certification 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 certificate to use
therapeutic pharmaceutical agents certification , 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 certificate to use
therapeutic pharmaceutical agents certification , 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.