BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 622|
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                                   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  








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             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  







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             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  







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             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  







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                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. 







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          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  







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            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  







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          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


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