BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1359|
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THIRD READING
Bill No: AB 1359
Author: Nazarian (D)
Amended: 6/16/15 in Senate
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/15/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for
vote
SUBJECT: Optometry: therapeutic pharmaceutical agents
certification: requirements
SOURCE: California State Board of Optometry
DIGEST: This bill establishes a substitute method of qualifying
for a therapeutic pharmaceutical agent (TPA) certification.
ANALYSIS:
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.
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(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))
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:
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1) Replaces the minimum requirement of 100 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
systemic 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) Strikes the requirement that a preceptor be authorized by an
accredited school of optometry in California or by a
recognized residency review committee.
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)Strikes 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
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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.
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:
1)Diagnostic Pharmaceutical Agents;
2)TPA;
3)TPA with Lacrimal Irrigation and Dilation;
4)TPA with Glaucoma Certification; and
5)TPA with Lacrimal Irrigation and Dilation and Glaucoma
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
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of the core curriculum, and allow an optometrist to take
different types of accredited education, including continuing
education, to meet the education requirements.
Comments
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."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified 6/30/15)
California State Board of Optometry (source)
California Optometric Association
OPPOSITION: (Verified6/30/15)
None received
ARGUMENTS IN SUPPORT: The Board writes in support, "This
legislation will set forth criteria for obtaining certification
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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."
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
7/9/15 8:55:26
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