BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 622


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          Date of Hearing:  July 7, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


                     SB 622(Hernandez) - As Amended May 4, 2015


          SENATE VOTE:  33-4


          SUBJECT:  Optometry




          SUMMARY: This bill expands the scope of practice for  
          optometrists to include the expanded ability to order 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.


          EXISTING LAW:   


          1)Establishes the California Board of Optometry (Board), within  
            the Department of Consumer Affairs (DCA), which licenses  
            optometrists and regulates the practice of optometry.  (BPC §  
            3010.5)

          2)Authorizes the Board to establish educational and examination  
            requirements for licensure.  (BPC § 3041.2)









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          3)Defines the practice of optometry as follows:  (BPC § 3041)

             a)   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)   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)   Use of topical pharmaceutical agents for the purpose of  
               the examination of the human eye or eyes for any disease or  
               pathological condition. 

          4)Specifies that an optometrist who is certified to use  
            therapeutic pharmaceutical agents may also diagnose and treat  
            the human eye or eyes or any of its appendages for the  
            following conditions:   (BPC § 3041(b)(1))

             a)   Infections;

             b)   Ocular allergies;
             c)   Ocular inflammation, non-surgical in cause except when  
               co-managed with the treating physician and surgeon;

             d)   Traumatic or recurrent conjunctival or corneal abrasions  
               and erosions;

             e)   Corneal surface disease and dry eyes;








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             f)   Ocular pain, non-surgical in cause except when  
               co-managed with the treating physician and surgeon; and,

             g)   Glaucoma in patients over the age of 18. 

          5)Permits optometrists to use the following therapeutic  
            pharmaceutical agents:  (BPC § 3041(c))

             a)   Topical miotics;

             b)   Topical lubricants;

             c)   Anti-allergy agents;

             d)   Topical and oral anti-inflammatories;

             e)   Topical antibiotic agents;

             f)   Topical hyperosmotics;

             g)   Topical and oral anti-glaucoma agents;

             h)   Non-prescription medications;

             i)   Oral antihistamines;

             j)   Prescription oral non-steroidal anti-inflammatory  
               agents;

             aa)  Oral antibiotics for treatment of ocular disease;

             bb)  Topical and oral antiviral medication for treatment of:

               i)     Herpes;

               ii)    Viral Keratitis;

               iii)   Herpes Simplex Viral conjunctivitis;








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               iv)    Periocular herpes simplex viral dermatitis;

               v)     Varicella zoster viral keratitis;
               vi)    Varicella zoster viral conjunctivitis; and,

               vii)   Periocular varicella zoster viral dermatitis;

             cc)  Oral analgesics that are not controlled substances; and,

             dd)  Codeine with compounds and hydrocodone with compounds  
               with specific restrictions regarding usage timeframe. 

          6)Specifies that an optometrist who is certified to use  
            therapeutic pharmaceutical agents may also perform the  
            following:  (BPC § 3401(e))

             a)   Corneal scraping with cultures;

             b)   Debridement of corneal epithelia;

             c)   Mechanical epilation;

             d)   Venipuncture for testing patients suspected of having  
               diabetes;

             e)   Suture removal, with prior consultation with the  
               treating physician and surgeon;

             f)   Treatment or removal of sebaceous cysts by expression;

             g)   Administration of oral fluorescein to patients suspected  
               as having diabetic retinopathy;

             h)   Use of an auto-injector to counter anaphylaxis;

             i)   Ordering of smears, cultures, sensitivities, complete  
               blood count, mycobacterial culture, acid fast stain,  
               urinalysis, tear fluid analysis and X-rays necessary for  








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               the diagnosis of conditions or diseases of the eye or  
               adnexa;

             j)   A clinical laboratory test or examination classified as  
               waived under CLIA necessary for the diagnosis of conditions  
               and diseases of the eye or adnexa;

             aa)  Punctal occlusion by plugs, excluding laser, diathermy,  
               cryotherapy or other means constituting surgery;

             bb)  The prescription of therapeutic contact lenses,  
               including lenses or devices that incorporate a medication  
               or therapy the optometrist is certified to prescribe or  
               provide;

             cc)  Removal of foreign bodies from the cornea, eyelid and  
               conjunctiva with any appropriate instrument other than a  
               scalpel or needle; and,

             dd)  Lacrimal irrigation and dilation, excluding probing of  
               the nasal lacrimal tract for patients over 12 years of age.

          


          THIS BILL: 


           1) Requires 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.









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           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 of education and  
             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  








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             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  
             authorized by the Act, excluding intraorbital injections and  
             injections administered for cosmetic effect. 



           17)         Expands the definition of glaucoma to include 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)         Expands the definition of glaucoma to include an  
             "increase in intraocular pressure caused by steroid  
             medication."








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           19)         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.  

           20)         Establishes continuing education hours for  
             optometrists certified to perform laser procedures. 





           21)         Establishes a certification course for an  
             optometrist to perform minor procedures.  



           22)         Defines minor procedures as removal, destruction,  
             or drainage of lesions of the eyelid and adnexa clinically  
             evaluated by the optometrist to be non-cancerous, 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.



           23)         Requires 25 hours of education and 32 complete  
             clinical procedures on live human patients.  



           24)         Establishes continuing education requirements for  








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             optometrists certified to perform minor procedures.  



           25)         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  
                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; and,





              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.



           26)         Defines unprofessional conduct to include failure  
             for an optometrist to refer a patient to an appropriate  
             physician if an examination of the eyes indicates a  








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             substantial likelihood of any pathology that requires the  
             attention of that physician.



          FISCAL EFFECT:  According to the May 4, 2015 Senate  
          Appropriations Committee analysis, this bill will result in  
          costs of less than $150,000 to develop and update regulations by  
          the Board.  The bill will also result in minor costs to grant  
          certifications to certain optometrists and enforce licensing  
          regulations on those optometrists.  The Board anticipates that a  
          small number of optometrists will seek additional, post-graduate  
          certification to perform additional procedures under the 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 are also anticipated for the Office of Statewide Health  
          Planning and Development (OSHPD) 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 OSHPD to authorize and review any new pilot project are  
          minor.





          COMMENTS:  


          Purpose.  This bill is sponsored by the author.  According to  
          the author, "While merely 16 of California's 58 counties meet  
          the needed supply range for primary care physicians, we do have  
          a robust network of providers that are well-trained, evenly  
          distributed throughout the state, regulated by the [DCA] and  
          well positioned to pay particular attention to currently  
          underserved areas.  Optometrists are one such provider group who  
          receive a doctorate level training preparing them to be primary  








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          eye care providers, and independently diagnose and treat  
          conditions of the eye.  [This bill] will remove restrictions in  
          current law to permit optometrists to examine, prevent,  
          diagnose, and treat conditions and disorders of the visual  
          system and the human eye to the full extent of their training.   
          This includes the use of two types of therapeutic lasers by  
          optometrists with postdoctoral advanced certification that have  
          been developed for treatment of glaucoma and post-surgical  
          cataract care, conditions that disproportionately affect patient  
          groups that generally lack sufficient access to physicians.   
          [This bill] is a limited expansion of scope for optometrists  
          that is consistent with their education and training, and is a  
          logical advancement of the profession that has been proven safe  
          in other states.  Moreover, the educational requirements  
          contained in this bill are substantially greater than those  
          required of optometrists in other states and exceed the minimum  
          number of these procedures required for ophthalmologists by the  
          Accreditation Council for Graduate Medical Education."


          Background.  According to a report prepared by the Center for  
          the Health Professions at the University of California San  
          Francisco, the number of optometrist licenses in California has  
          declined, but the number of licensees with a secondary practice  
          location has increased.  According to the Board, there are  
          approximately 7,565 licensed optometrists in California, the  
          largest population of optometrists in the United States.   
          Approximately 7,500 of these optometrists are certified to  
          administer diagnostic pharmaceutical agents.  The majority of  
          the licensed optometrists are generally concentrated in coastal  
          counties, the Bay Area and counties in the Sacramento region.   
          Several counties have no licensed optometrists with an address  
          of record in those counties, and a number of other counties have  
          ratios that indicate there is approximately one optometrist for  
          every 10,000 people.  


          Optometrists' and Ophthalmologists' Education, Training and  
          Scope.  This bill would expand the types of procedures an  








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          optometrist is authorized to perform.  This would include some  
          tasks that have been traditionally performed by  
          ophthalmologists.  As such, the current education, training and  
          scope of each profession is outlined below.  


          Optometrists.  Optometrists are trained to diagnose mild to  
          severe eye problems such as serious eye infections,  
          inflammations of the eye, trauma, foreign bodies and glaucoma.   
          They also examine the eye for vision prescription and corrective  
          lenses.  


          After completion of an undergraduate degree, optometrists  
          complete four years of and accredited optometry college after  
          which they are awarded the Doctor of Optometry degree. Some  
          optometrists also undertake an optional one year non-surgical  
          residency program to enhance their experience in a particular  
          area.  Students graduate with 2500 to 3000 patient encounters;  
          these include a mix of post-surgical, medical and routine  
          visits. 


          Optometrists who graduated from an accredited school or college  
          of optometry on or after May 1, 2008 receive certifications to  
          use diagnostic pharmaceutical agents (DPA); to administer  
          therapeutic pharmaceutical agents (TPA); to perform lacrimal  
          irrigation and dilation (TPL); and to diagnose and treat primary  
          open angle glaucoma (TLG).  Optometrists who did not receive  
          these certifications upon licensure may apply for these  
          certifications after meeting the necessary requirements. In  
          order to be certified, the optometrist must pass an exam, obtain  
          a license to practice optometry, be certified by and accredited  
          school of optometry that they are competent in the diagnosis,  
          treatment and management of ocular systemic disease and complete  
          10 hours of experience with an ophthalmologist.











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          Ophthalmologists.  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. 


          After obtaining an undergraduate degree, ophthalmologists  
          complete four years at an accredited medical school and earn a  
          Medical Degree.  This is followed by a one year internship and a  
          three or four year surgical residency.  Many ophthalmologists  
          pursue additional fellowship training in specialized areas such  
          as retina, glaucoma or cornea.  Ophthalmologists may become  
          certified by the American Board of Ophthalmology, which  
          requires, serving as primary surgeon or first assistant to the  
          primary surgeon on a minimum of 364 eye surgeries. 


          Changes to Current Scope of Practice.  This bill would expand  
          the scope of practice for optometrists.  The following chart  
          illustrates some of the salient changes that would be made to  
          the current scope of practice for optometrists. 



           ----------------------------------------------------------------------------- 
          |            Current Scope            |            Proposed Scope             |
          |                                     |                                       |
          |                                     |                                       |
          |-------------------------------------+---------------------------------------|
          |Defines the practice of optometry to |Adds the provision of habilitative     |
          |include, among other things, the     |optometric services to the definition  |
          |prevention and diagnosis of          |of the practice of optometry.          |
          |disorders and dysfunctions of the    |                                       |
          |visual system, examination of the    |                                       |
          |eyes, determination of the powers or |                                       |
          |range of human vision and            |                                       |








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          |prescribing of contact and spectacle |                                       |
          |lenses.                              |                                       |
          |-------------------------------------+---------------------------------------|
          |Limits the conditions of the eye and |Allows TPA certified optometrists to   |
          |visual system that can be diagnosed  |treat conjunctival surface disease,    |
          |and treated by a TPA certified       |hypotrichosis (via Latisse) and        |
          |optometrist.                         |blepharitis.                           |
          |                                     |                                       |
          |                                     |Authorizes optometrists to perform all |
          |                                     |CLIA waived in office testing if the   |
          |                                     |optometrist becomes registered as a    |
          |                                     |lab director with the Department of    |
          |                                     |Public Health.                         |
          |-------------------------------------+---------------------------------------|
          |Specifies that an optometrist must   |Deletes these requirements.            |
          |consult with an ophthalmologist if   |                                       |
          |an ocular inflammation, non-surgical |                                       |
          |in cause, and other diseases recur   |                                       |
          |within one year of initial           |                                       |
          |occurrence.                          |                                       |
          |-------------------------------------+---------------------------------------|
          |Limits treatment of ocular pain,     |Allows for treatment of all ocular     |
          |non-surgical in cause, except when   |pain, non-surgical in cause, except    |
          |co-managed with the treating         |when co-managed with the treating      |
          |physician and surgeon, associated    |physician and surgeon.                 |
          |with conditions optometrists are     |                                       |
          |authorized to treat.                 |                                       |
          |-------------------------------------+---------------------------------------|
          |Allows removal of foreign bodies     |Allows optometrists the use of a       |
          |from cornea, eyelid, and conjunctiva |needle to remove foreign bodies from   |
          |with any appropriate instrument      |the eye.                               |
                                                          |other than a scalpel or needle.      |                                       |
          |-------------------------------------+---------------------------------------|
          |Limits prescriptions to Schedule III |Changes the use to 5 days.             |
          |drugs, codeine with compounds and    |                                       |
          |hydrocodone and limits the use of    |                                       |
          |these to 3 days with a referral to   |                                       |
          |an ophthalmologist if the pain       |                                       |
          |persists.                            |                                       |








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          |-------------------------------------+---------------------------------------|
          |Limits the definition of glaucoma.   |Adds to the definition of glaucoma :   |
          |                                     |"increase in intraocular pressure      |
          |                                     |caused by steroid medication           |
          |                                     |prescribed by optometrist or           |
          |                                     |prescribing physician".                |
          |-------------------------------------+---------------------------------------|
          |Specifies that an optometrist cannot |Deletes this requirement.              |
          |treat the lacrimal gland, the        |                                       |
          |lacrimal drainage system and the     |                                       |
          |sclera in patients younger than 12.  |                                       |
          |                                     |                                       |
          |-------------------------------------+---------------------------------------|
          |Allows optometrists to perform       |Amends the language to allow           |
          |venipuncture for testing patients    |optometrists "to collect blood         |
          |suspected of having diabetes.        |specimen by the finger prick method"   |
          |                                     |to test for diabetes.                  |
          |-------------------------------------+---------------------------------------|
          |No post-graduate certifications are  |Establishes three new post-graduate    |
          |required.                            |certifications:  1) anterior segment   |
          |                                     |laser, 2) minor procedures and 3)      |
          |                                     |immunization.                          |
          |-------------------------------------+---------------------------------------|
          |Specifies what diagnoses specify the |Deletes this requirement.              |
          |use of steroid medication and that   |                                       |
          |an optometrist should consult with   |                                       |
          |an ophthalmologist and/or            |                                       |
          |appropriate physician and surgeon if |                                       |
          |a patient's condition worsens 72     |                                       |
          |hours after being diagnosed.         |                                       |
          |-------------------------------------+---------------------------------------|
          |Specifies that the optometrist shall |Deletes these requirements.            |
          |refer the patient to an              |                                       |
          |ophthalmologist if requested by the  |                                       |
          |patient or if angle closure glaucoma |                                       |
          |develops. If the glaucoma patient    |                                       |
          |also has diabetes, the optometrist   |                                       |
          |shall consult with the physician     |                                       |
          |treating the patient's diabetes in   |                                       |








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          |developing the glaucoma treatment    |                                       |
          |plan and shall inform the physician  |                                       |
          |in writing of any changes in the     |                                       |
          |patient's glaucoma medication.       |                                       |
          |-------------------------------------+---------------------------------------|
          |Specifies that if the patient has    |Deletes these requirements.            |
          |been diagnosed with a central        |                                       |
          |corneal ulcer and the central        |                                       |
          |corneal ulcer has not improved 48    |                                       |
          |hours after diagnosis, the           |                                       |
          |optometrist shall refer the patient  |                                       |
          |to an ophthalmologist.               |                                       |
          |                                     |                                       |
          |Specifies that if the patient has    |                                       |
          |been diagnosed with preseptal        |                                       |
          |cellulitis or dacryocystitis and the |                                       |
          |condition has not improved 48 hours  |                                       |
          |after diagnosis, the optometrist     |                                       |
          |shall refer the patient to an        |                                       |
          |ophthalmologist.                     |                                       |
          |-------------------------------------+---------------------------------------|
          |Specifies that if the patient has    |Deletes these requirements.            |
          |been diagnosed with herpes simplex   |                                       |
          |keratitis or varicella zoster viral  |                                       |
          |keratitis and the patient's          |                                       |
          |condition has not improved seven     |                                       |
          |days after diagnosis, or has not     |                                       |
          |resolved three weeks after diagnosis |                                       |
          | the optometrist shall refer the     |                                       |
          |patient to an ophthalmologist        |                                       |
          |                                     |                                       |
          |Specifies that if the patient has    |                                       |
          |been diagnosed with herpes simplex   |                                       |
          |viral conjunctivitis, herpes simplex |                                       |
          |viral dermatitis, varicella zoster   |                                       |
          |viral conjunctivitis, or varicella   |                                       |
          |zoster viral dermatitis, and if the  |                                       |
          |patient's condition worsens seven    |                                       |
          |days after diagnosis, or has not     |                                       |








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          |resolved three weeks after           |                                       |
          |diagnosis, the optometrist shall     |                                       |
          |consult with and refer the patient   |                                       |
          |to an ophthalmologist.               |                                       |
          |-------------------------------------+---------------------------------------|
          |Requires that in any case where an   |Deletes this requirement.              |
          |optometrist is required to consult   |                                       |
          |with an ophthalmologist, the         |                                       |
          |optometrist shall maintain a written |                                       |
          |record in the patient's file of the  |                                       |
          |information provided to the          |                                       |
          |ophthalmologist, the                 |                                       |
          |ophthalmologist's response, and any  |                                       |
          |other relevant information. Upon the |                                       |
          |consulting ophthalmologist's request |                                       |
          |and with the patient's consent, the  |                                       |
          |optometrist shall furnish a copy of  |                                       |
          |the record to the ophthalmologist.   |                                       |
          |-------------------------------------+---------------------------------------|
          |                                     |Allows the Board to authorize the use  |
          |                                     |of new non-invasive technology, after  |
          |                                     |completion of a minimum of four hours  |
          |                                     |of education courses on the new        |
          |                                     |technology, and perform an appropriate |
          |                                     |number of complete clinical procedures |
          |                                     |on live human patients.                |
          |-------------------------------------+---------------------------------------|
          |                                     |Adds the ability for optometrists to   |
          |                                     |perform skin tests to diagnose ocular  |
          |                                     |allergies and limits these tests to    |
          |                                     |the superficial lawyer of the skin.    |
          |-------------------------------------+---------------------------------------|
          |                                     |Adds the use of mechanical lipid       |
          |                                     |extraction of meibomian glands and     |
          |                                     |non-surgical techniques                |
          |-------------------------------------+---------------------------------------|
          |                                     |Defines minor procedures: "Minor       |
          |                                     |procedures" does not include           |
          |                                     |blepharoplasty or other cosmetic       |








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          |                                     |surgery procedures that reshape normal |
          |                                     |structures of the body in order to     |
          |                                     |improve appearance and self-esteem.    |
           ----------------------------------------------------------------------------- 



          Other States.  Since 1997, there have been over 45 attempts in  
          over 20 states by optometry associations to expand the scope of  
          practice for optometrists including legislating surgery  
          privileges.  However, with the exception of Oklahoma and West  
          Virginia, most states continue to prohibit optometrists from  
          performing surgery, and their statutes specify that the license  
          to practice optometry does not include the right to practice  
          medicine.  States such as Colorado and North Carolina  
          specifically exclude surgery from their definition of the  
          practice of optometry.  Other states have statutes that  
          delineate between laser and non-laser surgery.  Optometrists are  
          authorized to prescribe oral medications in all 50 states, they  
          may prescribe oral steroids in 34 states, injections in 15  
          states and use lasers in 1 state. 

          Prior Related Legislation.  SB 492 (Hernandez) of 2013, would  
          have permitted an optometrist to diagnose treat and manage  
          additional conditions with ocular manifestations, directed the  
          California Board of Optometry to establish educational and  
          examination requirements and would have permitted optometrists  
          to perform vaccinations and surgical and non-surgical primary  
          care procedures.  NOTE: This bill died on the Assembly inactive  
          file. 
          
          SB 668 (Polanco) Chapter 13, Statutes of 1996, expanded the  
          scope of practice of optometrists to provide for the diagnosis  
          and treatment of specified conditions or diseases of the human  
          eye or its appendages, and to use other therapeutic  
          pharmaceutical agents.

          SB 929 (Polanco) Chapter 676, Statutes of 2000, expanded the  
          scope of lawful practice for  optometrists by specifying  








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          additional diseases and conditions that optometrists may treat  
          (in particular certain types of glaucoma) with specified  
          medications, and  by specifying the extent of physician  
          involvement that is required under various circumstances.


          SB 1406 (Correa) Chapter 352, Statutes of 2008, specified  
          permissible procedures for certified optometrists, and created  
          the Glaucoma Diagnosis and Treatment Advisory Committee to  
          establish glaucoma certification requirements. 


          ARGUMENTS IN SUPPORT: 


          The  Board of Optometry  supports the bill and writes, "The Board  
          is supportive of the intent and direction of the bill,  
          specifically the utilization of the extensive training an  
          education of optometrists to expand access to health care for  
          millions of Californians." 


          The  California Association for Nurse Practitioners  supports the  
          bill and writes, "This bill would allow optometrists to practice  
          more consistently with their education and training by  
          authorizing them to treat and manage additional visual system  
          conditions, administer flue, pneumonia and shingles  
          vaccinations, and perform certain noninvasive procedures." 


          The United Nurses Associations of California/Union of Health  
          Care Professionals  supports the bill and writes, "[This bill] is  
          a very modest expansion of the types of services that an  
          optometrist can provide and ensures that only qualified, trained  
          and competent O.D.s are permitted to offer the expanded  
          services. [This bill] specifically prohibits O.D.s from  
          performing surgery, and instead authorizes O.D.s only to perform  
          relatively minor procedures."









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          ARGUMENTS IN OPPOSITION:


          The  California Academy of Eye Physicians and Surgeons  opposes  
          the bill and writes in their letter, "We are particularly  
          concerned that the bill has moved away from the 'comprehensive'  
          concept of a single certification in 'advanced procedures.'  We  
          believe someone training to be a surgeon needs to develop the  
          surgical judgment common to performing all surgical procedures:  
          understanding when (and when not to) do surgery, being able to  
          anticipate, avoid, and recognize complications, and knowing how  
          to address these complications when they do happen.  It is  
          unreasonable to expect these skills to be developed after the  
          minimal experience called for in [this bill]."


          The  California Medical Association  opposes the bill and writes,  
          "The CMA opposes [this bill] because patient safety and quality  
          of care demand that patients be assured that individuals who  
          perform invasive procedures have appropriate medical education  
          and education.  The safe use of lasers and scalpels requires  
          extensive medical education and training? In addition, the safe  
          administration of immunizations requires extensive education,  
          training, experience and the ability to monitor for side effects  
          that far exceed an optometrist's training in visual systems." 


          The  Medical Board of California  also opposes this measure.  They  
          write in their opposition letter, "Although the services that  
          optometrists are authorized to provide have been narrowed down  
          compared to SB 492 from last year, the Board still has concerns  
          with the length of additional training and the number of  
          procedures required.  The 25 hours of training and the specified  
          number of procedures required by this bill are not enough to  
          ensure that consumers are protected and that certified  
          optometrists are properly trained." 










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          AMENDMENTS:


          1. The following technical amendments should be made: 


            On page 7, line 34 strike:  lawyer  and insert:  layer  


            On page 14, line 17, strike:  "injections"  and after  
            "intraorbital" insert:  injections, intraocular injections 

             On page 7, lines 9, strike:  a  , strike:  specimen  , strike:  
             finger prick method  and insert:  skin puncture  
           
          2.In order to ensure that this bill will not expand the scope of  
            laboratory tests that an optometrist can order, the following  
            amendment should be made:
            On page 7, line 30 after "CLIA" insert:  and designated as  
          waived in paragraph (9)  


          3.A complete minor procedure includes: 1) injections of  
            medication, 2) removal or destruction of lesions and 3) any  
            required wound closures.  This bill defines minor procedures  
            to be "either" of the 3 previously listed.  The following  
            amendment should be made in order to ensure that a complete  
            procedure includes numbers 1 through 3 above: 



            On page 14, line 6, amend the bill as follows: For purposes of  
            this chapter, "minor procedure" means  completion of all  of the  
            following













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          4.In order to ensure that the courses outlined in this bill are  
            taken post-graduation, the following amendment should be made:  




            On page 12, line 38, amend the bill as follows:


            (b) An optometrist certified to treat glaucoma pursuant to  
            Section 3041.2,  after successful completion of a degree from  
            an approved school of optometry,  shall be additionally  
            certified for the use of anterior segment lasers after  
            submitting proof of satisfactory completion of a course that  
            is approved by the board, provided by an accredited school of  
            optometry, and developed in consultation with an  
            ophthalmologist who has experience educating optometric  
            students.  The board shall issue a certificate pursuant to  
            this section only to an optometrist that has graduated from an  
            approved school of optometry. 


          5.In order to ensure that inspection authority for the Board of  
            Optometry is consistent with other DCA healing arts boards'  
            inspection authority, the following should be added to the  
            bill:
             The board may at any time inspect any place of practice in  
            which optometry is being practiced. The board's inspection  
            authority does not extend to premises that are not registered  
            with the board. Nothing in this section shall be construed to  
            affect the board's ability to investigate alleged unlicensed  
            activity or to inspect place of practice for which  
            registration has lapsed or is delinquent.


           REGISTERED SUPPORT:


          Blue Shield of California








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                                                                    Page  23







          Board of Optometry


          California Association for Nurse Practitioners


          California Optometric Association


          United Nurses Associations of California/Union of Health Care  
          Professionals





          REGISTERED OPPOSITION:


          Academy of Eye Physicians and Surgeons


          American Academy of Dermatology Association


          American Academy of Ophthalmology


          American Academy of Pediatrics


          American Association of Orthopaedic Surgeons


          American Association for Pediatric Ophthalmology and Strabismus










                                                                     SB 622


                                                                    Page  24





          American College of Surgeons


          American Glaucoma Society


          American Medical Association


          American Osteopathic Association


          American Society of Cataract and Refractive Surgery


          American Society of Ophthalmic Plastic and Reconstructive  
          Surgery


          American Society of Retina Specialists


          Blind Children's Center


          California Academy of Eye Physicians and Surgeons


          California Association for Medical Laboratory Technology


          California Black Health Network


          California Educators of Ophthalmology for Quality Care


          California Medical Association









                                                                     SB 622


                                                                    Page  25






          California Society of Plastic Surgeons


          Latino Physicians of California


          Lighthouse for Christ Mission


          Medical Board of California


          Union of American Physicians and Dentists


          Ventura County American Chinese Medical Dental Association


          Over 600 physicians and individuals





          Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /  
          (916) 319-3301