BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 622| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 622 Author: Hernandez (D) Amended: 5/4/15 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/27/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Optometry SOURCE: Author DIGEST: This bill expands the scope of practice for optometrists to include expanded ability to order the Clinical Laboratory Improvement Amendments (CLIA)-waived tests, use noninvasive, nonsurgical technology to treat a condition authorized by the Optometric Act (Act), perform laser and minor procedures, and administer certain vaccines. ANALYSIS: Existing law: 1) Establishes the State Board of Optometry (Board) within the Department of Consumer Affairs, which licenses optometrists SB 622 Page 2 and regulates the practice of optometry. (Business and Professions Code (BPC) § 3010.5) 2) Defines the practice of optometry as follows: a) The prevention and diagnosis of disorders and dysfunctions of the visual system; b) Treatment and management of certain disorders and dysfunctions of the visual systems; c) Provision of rehabilitative optometric services; d) Examination of the human eyes; e) Determination of the powers or range of human vision; f) The prescribing or directing the use of any optical device in connection with ocular exercises, visual training, vision training or orthoptics; g) Prescribing of contact lenses and glasses; and h) The use of topical pharmaceutical agents for the purpose of the examination of the human eye or eyes for any disease or pathological condition. (BPC § 3041) This bill: 1) Authorizes the Board to establish educational and examination requirements by regulation for licensure to ensure the competence of optometrists to practice pursuant to the Act, except as specified in the sections related to certification for minor procedures and lasers. 2) Adds "habilitative services" to the definition of the practice of optometry. 3) Authorizes the Board to promulgate regulations authorizing optometrists to use noninvasive, nonsurgical technology to treat a condition authorized by the Act. To qualify to use each new technology authorized, the Board shall require a licensee to take a minimum of four hours' education and SB 622 Page 3 perform an appropriate number of complete clinical procedures on live human patients. 4) Removes referral requirements related to the treatment of ocular inflammation, as specified. 5) Allows an optometrist to treat hypotrichosis and blepharitis. 6) Adds "conjunctival" to the types of surface diseases that an optometrist who is certified to use therapeutic pharmaceutical agents may diagnose and treat. 7) Removes exceptions to the types of infections of the anterior segment and adnexa that an optometrist may treat. 8) Removes referral protocols for the use of certain drugs. 9) Expands ability to order CLIA waived tests. 10) Extends from three to five days the time that codeine with compounds and hydrocodone with specified compounds may be used. 11) Allows an optometrist to collect a blood specimen by finger prick method. 12) Permits an optometrist to perform a skin test on the superficial layer of the skin to diagnose ocular allergies. 13) Allows an optometrist to prescribe biological or technological corneal devices. 14) Allows an optometrist to use a needle to remove objects from the cornea, eyelid, and conjunctiva. 15) Authorizes an optometrist to use mechanical lipid extraction on meibomian glands and nonsurgical techniques. 16) Authorizes an optometrist, as part of additional "minor procedures," to administer injections for the diagnosis or treatment of conditions of the eye and adnexa SB 622 Page 4 authorized by the Act, excluding intraorbital injections and injections administered for cosmetic effect. 17) Expands the definition of glaucoma by including that caused by an "increase in intraocular pressure caused by steroid medication," but specifies that an optometrist may only treat this type of glaucoma if the optometrist has prescribed the steroid, or has consulted with and received approval from, the prescriber. 18) Establishes a certification process for an optometrist to perform certain laser procedures, requiring 25 hours of education and 24 complete clinical procedures on live human patients. 19) Expands the definition of glaucoma by including an "increase in intraocular pressure caused by steroid medication." 20) Establishes continuing education hours for optometrists certified to perform laser procedures. 21) Establishes a certification course for an optometrist to perform minor procedures. Minor procedures are defined as removal, destruction, or drainage of lesions of the eyelid and adnexa clinically evaluated by the optometrist to be noncancerous, not involving the eyelid margin, lacrimal supply or drainage systems, no deeper than the orbicularis muscle, and smaller than five millimeters in diameter, and closure of a wound, as specified. Specifies that minor procedures do not include blepharoplasty or other cosmetic surgery procedures that reshape normal structures of the body in order to improve appearance and self-esteem. Requires 25 hours of education and 32 complete clinical procedures on live human patients. 22) Establishes continuing education requirements for optometrists certified to perform minor procedures. 23) Authorizes an optometrist to earn a certificate to administer immunizations for influenza, herpes zoster, and pneumococcus if the optometrist does all of the following: a) Completes an immunization training program endorsed by SB 622 Page 5 the Centers for Disease Control and Prevention, or the Accreditation Council for Pharmacy Education that, at a minimum, includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines, and shall maintain that training. b) Is certified in basic life support for health care professionals. c) Complies with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient's primary care provider and entering information in the appropriate immunization registry designated by the immunization branch of the State Department of Public Health. 24) Declares as unprofessional conduct the failure for an optometrist to refer a patient to an appropriate physician if an examination of the eyes indicates a substantial likelihood of any pathology that requires the attention of that physician. Background The practice of optometry. An optometrist (Doctor of Optometry or O.D.) is an independent primary health care professional for the eye. Optometrists examine, diagnose, treat, and manage diseases, injuries, and disorders of the visual system, the eye, and associated structures, as well as identify related systemic conditions affecting the eye. O.D.s prescribe medications, low vision rehabilitation, vision therapy, spectacle lenses, contact lenses, and perform certain surgical procedures. Optometrists have a narrower scope of practice than do ophthalmologists, but are held to the identical standard of care for the same treatments they provide. An O.D. degree requires both an undergraduate education and four years of professional education at a college of optometry. Some optometrists also undertake an optional one year non-surgical residency program to enhance their experience in a particular area. Students graduate with 2,500-3,000 patient encounters, which include a mix of post-surgical, medical and routine visits. SB 622 Page 6 In order to be licensed to practice by the Board, an individual must obtain an O.D. degree, pass the three part National Board of Examiners in Optometry examination, and the California Optometric State Law Examination. There are currently 9,100 optometrists practicing in California. The practice of ophthalmology. An ophthalmologist is a physician and surgeon who has specialty training in the anatomy, function and diseases of the eye. The central focus of ophthalmology is surgery and management of complex eye diseases. An ophthalmologist specializes in the refractive, medical and surgical care of the eyes and visual system, and in the prevention of disease and injury. To become an ophthalmologist, an individual must obtain an undergraduate degree, complete four years of graduate education at an accredited medical school and earn a Medical Degree, complete a one year internship, and a three or four year residency. There are currently 1,800-2,100 ophthalmologists in California, not all of whom are in active practice. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: Costs of less than $150,000 to develop and update regulations by the Board (State Optometry Fund). Minor costs to grant certifications to certain optometrists and enforce licensing regulations on those optometrists (State Optometry Fund). The Board anticipates that a small number of optometrists will seek additional, post-graduate certification to perform additional procedures under this bill. Therefore, the additional licensing cost to issue those certifications and any additional enforcement activities relating to those new duties are expected to be minor. Minor costs for the Office of Statewide Health Planning and Development to oversee a future Health Workforce Pilot Project relating to optometry. Under current practice, the costs of developing and managing a pilot project are borne by the sponsoring academic institution. The costs to the Office to SB 622 Page 7 authorize and review any new pilot project are minor. SUPPORT: (Verified5/19/15) California Association of Health System Pharmacists California Optometric Association VSP Vision Care Western University of Health Sciences Numerous individuals OPPOSITION: (Verified5/19/15) American Federation of State, County and Municipal Employees Blind Childrens Center California Academy of Eye Physicians & Surgeons California Academy of Family Physicians California Medical Association California Society of Plastic Surgeons Latino Physicians of California Medical Board of California Ventura County American Chinese Medical Dental Association Numerous Individuals ARGUMENTS IN SUPPORT: The California Optometric Association writes, "Doctors of optometry have a critical role to play in providing primary care and making the promise of the Affordable Care Act a reality. They already provide the vast majority of eye care in the Medi-Cal program and they are located in all but one California county (Alpine). In order to improve access to health care in California, we must provide timely care where and when it's needed by utilizing the full complement of our clinical abilities." ARGUMENTS IN OPPOSITION: The California Academy of Family Physicians write, "Physicians see many benefits from working collaboratively with other health care professionals to meet patient care demand, but the framework of care delivery should be within the scope of practice that each health care SB 622 Page 8 professional is qualified to perform. Arbitrarily allowing allied health care professionals to render services that are beyond a provider's scope can lead to increased costs through over-utilization of tests, over prescribing of medications, and excess referrals to specialists; and in this case, the potential for incredible harm to patients." Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104 5/20/15 11:44:31 **** END ****