BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1359| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. AB 1359 Page 2 (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: AB 1359 Page 3 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 AB 1359 Page 4 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 AB 1359 Page 5 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 AB 1359 Page 6 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 **** END ****