BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1359


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1359 (Nazarian)


          As Amended  June 16, 2015


          Majority vote


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          |ASSEMBLY:  | 78-0 | (May 14,      |SENATE: |38-0  | (August 20,     |
          |           |      |2015)          |        |      |2015)            |
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          Original Committee Reference:  B. & P.


          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.  Specifically,  
          this bill: 


          1)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.
          2)Requires preceptorships to be with either a TPA certified  
            optometrist in good standing or a physician and surgeon board  
            certified in ophthalmology in good standing.










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          3)Requires such an applicant to complete a minimum of 100 hours  
            of directed and accredited education in ocular and systemic  
            diseases.


          4)Requires a preceptor to certify completion of the  
            preceptorship on a form approved by the board.


          5)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.


          6)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.


          7)Authorizes the Board of Optometry (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.


          8)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  
            of the National Board of Examiners in Optometry's national  
            board examination or its equivalent in order to be granted a  
            TPA certification.


          9)Makes other technical changes.








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          The Senate amendments change the requirement for an applicant to  
          complete hours of directed and accredited education in ocular  
          and systemic diseases from a minimum of 80 hours to 100 hours.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  


          Purpose.  This bill is sponsored by the Board of Optometry  
            (Board).  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, Business and  
          Professions Code (BPC) Section 3041.3 was added to define the  
          criteria for TPA certification for California licensed  
          optometrists and for out-of-state licensed optometrists who  
          desired to practice in California.  Optometrists who graduated  








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          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 Section 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.  


          Analysis Prepared by:                                             
                          Le Ondra Clark Harvey / B. & P. / (916) 319-3301  
                                                                         
          FN: 0001137















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