Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, 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 tobegin insert insteadend insert 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 inbegin delete opthalmologyend deletebegin insert ophthalmologyend insert in good standing, and would require such an applicant to complete a minimum ofbegin delete 80end deletebegin insert 100end insert 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 certifiedbegin delete opthalmologist.end deletebegin insert ophthalmologist.end insert

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:

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SECTION 1.  

Section 3041.3 of the Business and Professions
2Code
is amended to read:

3

3041.3.  

(a) In order to be certified to use therapeutic
4pharmaceutical agents and authorized to diagnose and treat the
5conditions listed in subdivisionsbegin delete (b), (d),end deletebegin insert (b)end insert and (e) of Section
63041, an optometrist shall apply for a certificate from the board
7and meet all requirements imposed by the board.

8(b) The board shall grant a therapeutic pharmaceutical agents
9(TPA) certification to any applicant who graduated from a
10California accredited school of optometry prior to January 1, 1996,
11is licensed as an optometrist in California, and meets all of the
12following requirements:

13(1) Completes a preceptorship of no less than 65 hours, during
14a period of not less than two months nor more than one year, with
15either a TPA-certified optometrist in good standing or a physician
16and surgeon board-certified inbegin delete opthalmologyend deletebegin insert ophthalmologyend insert in
17good standing. The training received during the preceptorship shall
18be on the diagnosis, treatment, and management of ocular and
19systemic disease. The preceptor shall certify completion of the
20preceptorship using a form approved by the board. The individual
21serving as the preceptor shall schedule no more than three
22optometrist applicants for each of the required 65 hours of the
23preceptorship program. This paragraph shall not be construed to
24limit the total number of optometrist applicants for whom an
25individual may serve as a preceptor, and is intended only to ensure
26the quality of the preceptorship by requiring that the preceptor
27schedule the training so that each applicant optometrist completes
28each of the 65 hours of the preceptorship while scheduled with no
29more than two other optometrist applicants.

30(2) Successfully completes a minimum ofbegin delete 80end deletebegin insert 100end insert hours of
31 directed and accredited education in ocular and systemic diseases
32within two years prior to meeting the requirements of paragraph
33(1).

34(3) Passes the National Board of Examiners in Optometry’s
35“Treatment and Management of Ocular Disease” examination or,
36in the event this examination is no longer offered, its equivalent,
37as determined by the State Board of Optometry.

P4    1(c) The board shall grant a therapeutic pharmaceutical agents
2certification to any applicant who graduated from a California
3accredited school of optometry on or after January 1, 1996, who
4is licensed as an optometrist in California, and who passes all
5sections of the National Board of Examiners in Optometry’s
6national board examination or its equivalent, as determined by the
7State Board of Optometry.

8(d) The board shall grant a therapeutic pharmaceutical agents
9certification to any applicant who is an optometrist who obtained
10his or her license outside of California if he or she meets all of the
11requirements for an optometrist licensed in California to be
12begin delete certified to useend deletebegin insert granted aend insert therapeutic pharmaceuticalbegin delete agents.end deletebegin insert agents
13 certification.end insert

14(1) In order to obtain a therapeutic pharmaceutical agents
15certification, any optometrist who obtained his or her license
16outside of California and graduated from an accredited school of
17optometry prior to January 1, 1996, shall be required to fulfill the
18requirements set forth in subdivision (b). In order for the applicant
19to be eligible forbegin delete the certificate to useend delete therapeutic pharmaceutical
20begin delete agents,end deletebegin insert agents certification,end insert the education he or she received at the
21accredited out-of-state school of optometry shall be equivalent to
22the education provided by any accredited school of optometry in
23California for persons who graduate before January 1, 1996. For
24those out-of-state applicants who request that any of the
25requirements contained in subdivision (b) be waived based on
26fulfillment of the requirement in another state, if the board
27determines that the completed requirement was equivalent to that
28required in California, the requirement shall be waived.

29(2) In order to obtain a therapeutic pharmaceutical agents
30certification, any optometrist who obtained his or her license
31outside of California and who graduated from an accredited school
32of optometry on or after January 1, 1996, shall be required to fulfill
33the requirements set forth in subdivision (c). In order for the
34applicant to be eligible forbegin delete the certificate to useend delete therapeutic
35pharmaceuticalbegin delete agents,end deletebegin insert agents certification,end insert the education he or
36she received by the accredited out-of-state school of optometry
37shall be equivalent to the education provided by any accredited
38school of optometry for persons who graduate on or after January
391, 1996. For those out-of-state applicants who request that any of
40the requirements contained in subdivision (c) be waived based on
P5    1fulfillment of the requirement in another state, if the board
2determines that the completed requirement was equivalent to that
3required in California, the requirement shall be waived.

4(3) The State Board of Optometry shall decide all issues relating
5to the equivalency of an optometrist’s education or training under
6this subdivision.



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