BILL ANALYSIS Ó
AB 1359
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1359
(Nazarian) - As Introduced February 27, 2015
SUBJECT: Optometry: therapeutic pharmaceutical agents
certification: requirements.
SUMMARY: Revises criteria for obtaining certification to
administer and prescribe therapeutic pharmaceutical agents
(TPAs) for licensed optometrists who graduated from an
accredited optometry school before or after 1996.
EXISTING LAW:
1)Establishes the Optometry Practice Act which provides 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.)
2)Specifies that the Board shall, by regulation, establish
educational and examination requirements for licensure to
ensure the competence of optometrist to practice. Only those
optometrists who have successfully completed educational and
examination requirements as determined by the Board shall be
permitted the use of TPAs. (BPC § 3041.2)
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3)States that in order to be certified to use TPAs, an
optometrist shall apply for a certificate from the Board and
meet all requirements imposed by the Board. (BPC § 3041.3
(a))
4)Authorizes the Board to grant a certificate to use TPAs to any
applicant who graduated from a California accredited school of
optometry prior to January 1, 1996, is licensed as an
optometrist, and meets specified requirements. (BPC § 3041.3
(b))
5)Authorizes the Board to grand a certificate to use TPAs 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 specified
requirements. (BPC § 3041.3 (c))
6)Authorizes the Board to grant a certificate to use TPAs 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 TPAs. (BPC § 3041.3 (d))
THIS BILL:
7)Deletes certain requirements for an applicant for TPA
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.
8)Requires preceptorships to be with either a TPA certified
optometrist in good standing or a physician and surgeon board
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certified in ophthalmology in good standing.
9)Requires such an applicant to complete a minimum of 80 hours
of directed and accredited education in ocular and systemic
diseases.
10)Requires a preceptor to certify completion of the
preceptorship on a form approved by the board.
11)Exempts and 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 TPAs, including the didactic
course of at least 80 classroom hours.
12)Deletes 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 requires them to meet
requirements for the issuance of a TPA certification.
13)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 ophthalmologist.
14)Deletes certain training and certification requirements for
an applicant of a TPA 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
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of the National Board of Examiners in Optometry's national
board examination or its equivalent in order to be granted a
TPA certification.
15)Makes other technical changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
16)Purpose. This bill is sponsored by the Board of Optometry .
According to the author, "The Board of Optometry has
discovered that the didactic course that is required to be
completed prior to receiving the certification is no longer
offered by schools of optometry. AB 1359 establishes a new
process where a preceptor offering the didactic course can
either be a TPA certified optometrist or ophthalmologist.
Post 1996, all optometrists have graduated with TPA
certification. Those optometrists who graduate before 1996
have been left with few pathways to attaining TPA
certification because in 2009, TPA stand-alone courses have
been discontinued."
Background. The TPA designation indicates that the optometrist
is certified to use therapeutic pharmaceutical agents and the
optometrist may treat certain conditions of the human eye, or
any of its appendages, with therapeutic pharmaceutical agents.
The optometrist may also perform certain procedures on the
eye.
According to the Board, there are approximately 500 TPA
certified optometrists in California. In 1996, BPC § 3041.3
was added to define the criteria for TPA certification for
California licensed optometrists and for out-of-state licensed
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optometrists who desired to practice in California.
Optometrists who graduated from an accredited educational
program prior to 1996 were eligible to receive a TPA
certificate from the Board if they could show evidence of
completing several requirements including a preceptorship and
a minimum of 20 hours of continuing education.
Licensing Examination and Education Programs. The addition of
BPC § 3041.3 prompted changes to the national examination for
optometrists, and the curriculum requirements of many
optometry programs. According to the Board, education
programs now routinely include curriculum on TPA and the
licensing examination also includes information on TPA. As
such, optometry students graduate with TPA certification and
there is no need for continuing education courses to be
offered. This makes it difficult for those who completed
their education prior to 1996, but did not complete a TPA
continuing education course prior to 2009, to gain TPA
certification.
Preceptor Requirements. This bill would require those
optometrists who did not receive continuing education prior to
2009 or who did not graduate from an educational program that
offered TPA focused training, to work with a preceptor in
order to meet the TPA requirement. The preceptor can be a TPA
certified optometrist, who has been in practice for at least
two years, or a physician and surgeon board certified in
ophthalmology. These professionals must be in good standing
with their licensing boards.
17)Prior Related Legislation. SB 492 (Hernandez) of 2014, was
substantially similar to AB 492 of 2013. NOTE: This bill was
held on the Assembly floor.
SB 492 (Hernandez) of 2013, would have permitted an optometrist
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to diagnose treat and manage additional conditions with ocular
manifestations, directed the Board to establish educational
and examination requirements and permitted optometrists to
perform vaccinations and surgical and non-surgical primary
care procedures. NOTE: this bill was held in the Assembly
Committee on Business, Professions and Consumer Protection.
SB 821 (Senate Committee on Business, Professions and Economic
Development), Chapter 473, Statutes of 2013, clarified the
preferred name for a license is "optometrist license" and the
preferred name for certifications is "optometrist
certification(s)" and made conforming changes.
AB 761 (Roger Hernandez), Chapter 714, Statutes of 2012,
provided that a laboratory director may include a licensed
optometrist and authorized an optometrist to perform certain
clinical laboratory tests or examinations classified as waived
under the Clinical Laboratory Improvement Act (CLIA).
ARGUMENTS IN SUPPORT:
The Board of Optometry (sponsor) writes in support, "The Board
has discovered that the didactic course that is required to be
completed prior to receiving the certification is no longer
offered by schools of optometry. AB 1359 establishes a new
process where a preceptor offering the didactic course can
either be a TPA certified optometrist or ophthalmologist. Since
2009, all optometrists graduate with TPA certifications, but
those optometrists who graduate before 1996 have been left with
few pathways to attaining TPA certification."
The California Optometric Association also supports the bill and
writes, "COA supports your efforts to create a clear and logical
avenue for TPA certification."
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ARGUMENTS IN OPPOSITION:
None on file.
REGISTERED SUPPORT:
Board of Optometry (sponsor)
California Optometric Association
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /
(916) 319-3301
AB 1359
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