BILL NUMBER: SB 496	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nguyen

                        FEBRUARY 26, 2015

   An act to amend Section 3057.5 of the Business and Professions
Code, relating to healing arts, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 496, as introduced, Nguyen. Optometry: graduates of a foreign
university: examinations.
   Existing law, the Optometry Practice Act, creates the State Board
of Optometry, which licenses optometrists and regulates their
practice. Existing law provides that the State Board of Optometry is
required, by regulation, to establish educational and examination
requirements for licensure to ensure the competence of optometrists
to practice. Existing law requires an applicant for licensure to
submit an application that is provided under oath and to pay a
prescribed fee. All fees are deposited in the Optometry Fund, which
is continuously appropriated to the board to administer the act. Any
violation of the act is a crime.
   Existing law authorizes the board to permit a graduate of a
foreign university who meets specified requirements to take the
examinations for an optometrist license.
   This bill would revise the license examination requirements for a
graduate of a foreign university to, among other things, require
submission of an application and payment of a prescribed fee. By
increasing the amount of moneys deposited into a continuously
appropriated fund, this bill would make an appropriation. Because the
application would be required to be provided under oath, this bill
would expand the scope of an existing crime and create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3057.5 of the Business and Professions Code is
amended to read:
   3057.5.   (a)    Notwithstanding any other
provision of this chapter, the board shall permit a graduate of a
foreign university who meets all of the following requirements to
take the examinations for an optometrist license: 
   (a) 
    (1)  Is over 18 years of age. 
   (b) 
    (2)  Is not subject to denial of a license under Section
480. 
   (c) 
    (3)  Has  a   obtained any of the
following: 
    (A)     A  degree as a doctor of
optometry issued by a university located outside of the United
States. 
   (B) A degree from a school of optometry program located outside of
the United States that has a minimum of a four year or equivalent
curriculum leading to an optometry license in the country where the
program is located.  
   (C) A degree from a school of medicine located outside of the
United States and completed the necessary requirements to practice in
the field of ophthalmology in the country where the school of
medicine is located.  
   (4) Submits an application to obtain a letter of sponsorship on a
form approved by the board.  
   (5) Pays to the board the fee for an application for licensure
prescribed in subdivision (a) of Section 3152.  
   (b) (1) A graduate of a foreign university shall provide to the
board any supporting documents requested by the board to establish
that the requirement of paragraph (3) of subdivision (a) has been
met. These supporting documents may include, but are not limited to,
a curriculum vitae, official examination score, certificate of
optometric or medical education, official school transcript,
certified copy of optometric or medical diploma, official English
translation, certificate of completion of post graduate training, and
certificate of clinical training.  
   (2) Every document provided pursuant to this subdivision shall be
in English or translated into English by a certified United States
translation service approved by the board.  
   (c) The board shall require a graduate of a foreign university to
obtain an evaluation of his or her official school transcript by an
education evaluation service approved by the board. The board shall
determine from the evaluation whether the applicant has met the
educational requirements that are reasonable and necessary to ensure
that an optometrist has the knowledge to adequately protect the
public health and safety.  
   (d) Notwithstanding paragraph (3) of subdivision (a), if a
graduate of a foreign university does not meet the educational
requirements that are reasonable and necessary to ensure that an
optometrist has the knowledge to adequately protect the public health
and safety, the board may establish alternative education
requirements for the graduate of a foreign university to meet in
order to ensure this knowledge. A graduate of a foreign university
shall provide any supporting documents requested by the board to
establish that these requirements are met.  
   (e) The board shall issue a letter of sponsorship, or its
equivalent, required by the National Board of Examiners in Optometry,
or its equivalent, to permit a graduate of a foreign university to
take all examinations required for licensure. This letter of
sponsorship shall expire two years from the date of issuance. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.