SB 496,
as amended, Nguyen. Optometry: graduates of a foreign university:begin delete examinations.end deletebegin insert examinations and licensure.end insert
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.begin insert This bill would also authorize the board to issue a license to a graduate of a foreign university who meets specified requirements, including requirements that the applicant have permission to take the examinations for an optometrist license, submit an application on a form approved by the board, and pay a prescribed fee for an application for licensure.end insert 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 3057.5 of the Business and Professions
2Code is amended to read:
(a) Notwithstanding any other provision of this chapter,
4the board shall permit a graduate of a foreign university who meets
5all of the following requirements to take the examinations for an
6optometrist license:
7(1) Is over 18 years of age.
8(2) Is not subject to denial of a license under Section 480.
9(3) Has obtained any of the following:
10(A) A degree as a doctor of optometry issued by a university
11located outside of the United States.
12(B) A degree from a school of optometry program located
13outside of the
United States that has a minimum of a four year or
14equivalent curriculum leading to an optometry license in the
15country where the program is located.
16(C) A degree from a school of medicine located outside of the
17United States and completed the necessary requirements to practice
18in the field of ophthalmology in the country where the school of
19medicine is located.
20(4) Submits an application to obtain a letter of sponsorship on
21a form approved by the board.
22(5) Pays to the board the fee for an application for licensure
23prescribed in subdivision (a) of Section 3152.
P3 1(b) (1) A graduate of a foreign university shall provide to the
2board any supporting documents requested by the board to establish
3that the requirement of paragraph (3) of
subdivision (a) has been
4met. These supporting documents may include, but are not limited
5to, a curriculum vitae, official examination score, certificate of
6optometric or medical education, official school transcript, certified
7copy of optometric or medical diploma, official English translation,
8certificate of completion of postgraduate training, and certificate
9of clinical training.
10(2) Every document provided pursuant to this subdivision shall
11be in English or translated into English by a certified United States
12translation service approved by the board.
13(c) The board shall require a graduate of a foreign university to
14obtain an evaluation of his or her official school transcript by an
15education evaluation service approved by the board. The board
16shall determine from the evaluation whether the applicant has met
17the educational requirements that are reasonable and necessary to
18
ensure that an optometrist has the knowledge to adequately protect
19the public health and safety.
20(d) Notwithstanding paragraph (3) of subdivision (a), if a
21graduate of a foreign university does not meet the educational
22requirements that are reasonable and necessary to ensure that an
23optometrist has the knowledge to adequately protect the public
24health and safety, the board may establish alternative education
25requirements for the graduate of a foreign university to meet in
26order to ensure this knowledge. A graduate of a foreign university
27shall provide any supporting documents requested by the board to
28establish that these requirements are met.
29(e) The board shall issue a letter of sponsorship, or its equivalent,
30required by the National Board of Examiners in Optometry, or its
31equivalent, to permit a graduate of a foreign university to take all
32examinations required for licensure.
This letter of sponsorship
33shall expire two years from the date of issuance.
begin insertSection 3058 is added to the end insertbegin insertBusiness and Professions
35Codeend insertbegin insert, to read:end insert
(a) The board may issue a license to practice optometry
37to a person who meets all of the following requirements:
38(1) Has obtained permission to take the examinations for an
39optometrist license pursuant to Section 3057.5.
40(2) Has successfully passed the required examinations.
P4 1(3) Is not subject to denial of a license under Section 480.
2(4) Has met the requirements described in paragraphs (1) to
3(5), inclusive, of subdivision (b) of Section 3041.3.
4(5) Has provided the board with any other
information requested
5by the board to the extent necessary to determine that the person
6has met the requirements for licensure under this chapter.
7(6) Has submitted an application on a form approved by the
8board.
9(7) Pays the fee for an application for licensure prescribed in
10subdivision (a) of Section 3152.
11(8) Has no physical or mental impairment related to drugs or
12alcohol and has not been found mentally incompetent by a licensed
13psychologist or licensed psychiatrist so that the person is unable
14to undertake the practice of optometry in a manner consistent with
15the safety of a patient or the public.
16(b) A license issued pursuant to this section shall expire as
17provided in Section 3146 and may be renewed as provided in this
18chapter, subject to the
same conditions as other licenses issued
19under this chapter.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
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