BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 1359 Hearing Date: June 15,
2015
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|Author: |Nazarian |
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|Version: |February 27, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Optometry: therapeutic pharmaceutical agents
certification: requirements.
SUMMARY: Establishes a substitute method of qualifying for a
therapeutic pharmaceutical agent (TPA) certification.
Existing law:
1)Provides, pursuant to the Optometry Practice Act (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) § 3000 et seq.)
2)Defines the practice of optometry to include the prevention
and diagnosis of disorders and dysfunctions of the visual
system, the treatment and management of certain disorders and
dysfunctions of the visual system, and the provision of
rehabilitative optometric services, as specified. (BPC §
3041)
3)Authorizes an optometrist certified to use TPAs to also
diagnose and treat the human eye or eyes, or any of its or
their appendages, for specified conditions and perform certain
additional procedures. (BPC § 3041 (b)(e))
4)Establishes additional requirements to obtain a TPA
certificate for an applicant who graduated from optometry
school prior to January 1, 1996. (BPC § 3041.3 (b))
AB 1359 (Nazarian) Page 2
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5)Requires the Board to grant a TPA certificate to an 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:
a) Passes the National Board of Examiners in Optometry's
national board examination, or its equivalent, as
determined by the Board.
b) 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.
c) 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.
d) Is certified by an accredited school of optometry as
having completed at least 10 hours of experience with a
board-certified ophthalmologist. (BPC § 3041.3 (c))
This bill:
1)Replaces the minimum requirement of 80 classroom hours in the
diagnosis, pharmacological, and other treatment and management
of ocular disease by either an accredited school of optometry
in California or a recognized residency review committee in
ophthalmology with a minimum requirement of 80 hours of
directed and accredited education in ocular and system
diseases.
2)Requires an applicant to complete the 80 hours of education
prior to beginning a preceptorship.
3)Allows a TPA-certified optometrist in good standing to serve
as a preceptor.
4)No longer requires a preceptor to be authorized by an
accredited school of optometry in California or by a
recognized residency review committee.
AB 1359 (Nazarian) Page 3
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5)Strikes the requirement that the preceptorship be in either an
ophthalmologist's office or an optometric clinic.
6)Requires the preceptor to certify completion of the
preceptorship using a Board-approved form.
7)Strikes the test requirement at completion of the 80 education
hours.
8)Strikes the requirement of a minimum of 20 self-directed study
hours.
9)Clarifies that applicants seeking TPA certification who
graduated from a California accredited school of optometry
after January 1, 1996 pass all sections of the National Board
of Examiners in Optometry's national board examination.
10)Strike the following requirements for an applicant who
graduated from a California accredited school of optometry
after January 1, 1996:
a) Successfully completed at least 65 hours of the total
clinical training required by a school of optometry's
curriculum on the diagnosis, treatment, and management of
ocular and systemic disease.
b) 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 the
Act.
c) Is certified by an accredited school of optometry as
having completed at least 10 hours of experience with a
board-certified ophthalmologist.
11)Makes technical and clarifying amendments.
FISCAL
EFFECT: This bill has been keyed "fiscal" by Legislative
Counsel. According to the Assembly Appropriations Committee
analysis dated May 6, 2015, this bill would have negligible
state fiscal effect.
AB 1359 (Nazarian) Page 4
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COMMENTS:
1.Purpose. This bill is sponsored by the California State Board
of Optometry . The author's office writes, "In 1996, BPC
Section 3041.3 was added to define the criteria for California
licensed optometrists and for out-of-state licensed
optometrists seeking licensure in California on the
requirements to be certified [to use therapeutic
pharmaceutical agents].
"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 graduate with TPA certifications.
Those optometrists who graduated before 1996 have been left
with few pathways to attaining TPA certification; TPA
stand-alone courses were discontinued in 2009. AB 1359
ensures that a pathway is established for any optometrist that
seeks TPA certification."
2.Background. The Board's mission is to protect the health and
safety of California consumers through licensing, education,
and regulation of the practice of optometry. There are
currently over 8,800 licensed optometrists.
An optometrist may elect to pursue additional certifications
after initial licensure by the Board. The following
certifications are currently offered:
a) Diagnostic Pharmaceutical Agents
b) TPA
c) TPA with Lacrimal Irrigation and Dilation
d) TPA with Glaucoma Certification
e) TPA with Lacrimal Irrigation and Dilation and Glaucoma
AB 1359 (Nazarian) Page 5
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Certification.
The TPA certification indicates that the optometrist is
certified to use certain pharmaceuticals to treat specified
conditions of the human eye or its appendages. Prior to 1996,
a TPA certification was a stand-alone course. However,
accredited optometry schools now include the requirements of
TPA certification in their core curriculum.
The Board became aware that schools were no longer offering a
TPA course and this bill creates an alternate educational
pathway to obtain a TPA for applicants who graduated prior to
1996. The amendments remove schools' required involvement in
TPA certification, authorize an optometrist to be a preceptor,
strike reference to educational requirements that are now part
of the core curriculum, and allow an optometrist to take
different types of accredited education, including CEs, to
meet the education requirements.
3.Suggested Amendments.
a) Current law makes an incorrect reference to a portion of
code that does not reference treatable conditions.
On page 3, line 5, delete "(d),"
b) Current law requires 100 hours to obtain TPA
certification: 80 hours of classroom work and 20 hours of
self-study. This bill presently requires only 80 hours
total; it is recommended that the total education hours be
equivalent.
On page 4, line 6, delete "80" and add "100"
4.Arguments in Support. The Board writes in support, "On behalf
of the Board, I am writing to express support of AB 1359.
This legislation will set forth criteria for obtaining
certification to administer and prescribe TPA for applicants
who graduated from an accredited optometry school before
1996?. This criteria aims to help a small group of
optometrists who might not be certified have a pathway to do
so."
AB 1359 (Nazarian) Page 6
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SUPPORT AND OPPOSITION:
Support:
California State Board of Optometry (Sponsor)
California Optometric Association
Opposition:
None on file as of June 9, 2015.
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