BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 496 Hearing Date: April 6,
2015
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|Author: |Nguyen |
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|Version: |April 6, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Optometry: graduates of a foreign university:
examinations.
SUMMARY: Expands and specifies requirements for a graduate of a foreign
university to be eligible for California licensure.
Existing law:
1) Establishes the Optometry Practice Act, which regulates the
practice of optometry. (Business and Professions Code (BPC)
Section 3000)
2) Requires the State Board of Optometry (Board) to promulgate
regulations establishing educational and examination
requirements. (BPC § 3041.2)
3) Requires the Board to permit a graduate of a foreign
university who meets all of the following requirements to
take the examinations for an optometrist license:
a) Is over 18 years of age.
b) Is not subject to denial of a license because of a
crime, as specified.
c) Has a degree as a doctor of optometry issued by a
university located outside of the United States. (BPC §
3057.5)
SB 496 (Nguyen) Page 2
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1) Establishes eligibility requirements for licensure. (BPC §§
3046, 3056, 3057)
2) States that foreign graduate applicants who meet the
statutory requirements shall be admitted to the optometry
examination upon furnishing satisfactory evidence that the
course of instruction completed is reasonably equivalent to
the course of instruction given by a school accredited by the
Board; provided, however, that an applicant who is unable to
furnish satisfactory evidence of equivalency may take those
courses or subjects, in an accredited school or in another
program of instruction acceptable to the Board, which would
remedy areas of deficiency.
(Title 16, California Code of Regulations Section 1530.1).
This bill:
1) Requires the Board to accept either of the following degrees,
in addition to existing requirements, as qualifying
educational experience for a foreign graduate to take the
optometry license examination:
a) 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.
b) A degree from a school of medicine located outside of
the United States and the applicant has completed the
necessary requirements to practice in the field of
ophthalmology in the country where the school of medicine
is located.
1) Requires a graduate of a foreign university seeking
California licensure to do the following:
a) Submit an application to the Board to obtain a letter of
sponsorship.
b) Pay a license application fee.
c) Provide to the Board any supporting documents in English
requested to establish that the educational requirements
SB 496 (Nguyen) Page 3
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have been met.
1) Requires 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, and
requires the Board to determine whether the applicant has met
the educational requirements.
2) Permits the Board to establish alternative education
requirements to ensure public health and safety even if the
foreign graduate meets the degree requirements.
3) Requires the Board to 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.
4) Permits the Board to issue a license to practice optometry to
a person who meets the following requirements:
a) Has obtained permission to take the examination for an
optometrist license based on his or her foreign graduate
education.
b) Is not subject to license denial of a license, as
specified.
c) Has met the requirements to be issued a certificate to
use therapeutic pharmaceutical agents, as specified.
d) Has provided all information requested by the Board.
e) Has submitted a license application and paid the fee.
f) Has no physical or mental impairment related to drugs or
SB 496 (Nguyen) Page 4
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alcohol and has not been found mentally incompetent by a
licensed psychologist or licensed psychiatrist.
1) States that a license issued to a foreign graduate expires
and may be renewed in the same manner as other licenses.
FISCAL
EFFECT: Unknown. This bill is keyed "fiscal" by Legislative
Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by the California Board of
Optometry . This bill resolves the dilemma that foreign
graduates are eligible to take the optometry licensing
examination but have no ability to become licensed in
California. This bill also provides additional educational
pathways for license eligibility.
2. Background. Optometrists must complete a four year Doctor of
Optometry degree program meeting California educational
requirements and pass the National Board of Examiners in
Optometry (NBEO) examination to be eligible for California
licensure. The Board also has license pathways for
individuals who are licensed in other states. However, while
California offers a means for foreign graduates to sit for
the NBEO, there is no pathway for a license to practice.
According to the Author's office, although procedures
allowing foreign graduates to sit for the examination have
been in place since 1987, there has never been cause to
revisit the licensing provisions because there have been no
individuals with the appropriate educational background who
passed the exam. Recent events have caused the Board to
reconsider this issue and sponsor this bill.
In addition to providing a licensure pathway, this bill
expands the educational options for foreign graduates.
According to the Author, other countries may not issue a
doctorate degree to practicing optometrists because their
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educational programs issue certification as masters or
bachelors. This bill establishes eligibility for individuals
who attend four-year schools of optometry or schools of
medicine outside of the United States.
3. Arguments in Support. The California State Board of
Optometry writes, "Currently, foreign graduates qualified to
practice optometry abroad lack a pathway to legally practice
optometry in the state of California. Current law only
authorizes the Board to issue a letter of sponsorship to a
foreign graduate interested in taking the NBEO. The problem
is once the candidate takes and passes the test they leave
California to practice elsewhere.
"The requirements for licensure proposed are similar to the
requirements for new U.S. Graduates and out-of-state
graduates. SB 496 is necessary to close the loophole that
allows foreign optometrists to receive a sponsor letter, but
not practice in California."
4. Current Related Legislation. SB 349 (Bates, 2015)
establishes a regulatory framework for mobile optometric
facilities.
SUPPORT AND OPPOSITION:
Support:
California State Board of Optometry (Sponsor)
Opposition:
None received as of March 31, 2015.
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