BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1359|
          |Office of Senate Floor Analyses   |                              |
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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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