BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 602
                                                                  Page  1

          Date of Hearing:   March 31, 2009

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                 Mary Hayashi, Chair
                     AB 602 (Price) - As Amended:  March 25, 2009
           
          SUBJECT  :   Dispensing opticians.

           SUMMARY  :   Authorizes dispensing opticians to register  
          biennially with the Medical Board of California (MBC).   
          Specifically,  this bill  :  

          1)Requires a registered dispensing optician (RDO) to register  
            biennially with the MBC.

          2)Permits an individual, corporation, and firm to provide an  
            address to the board at which to receive application, and  
            renewal materials, if different from the place of business.   
            The board shall send all application and renewal materials to  
            that address.  

           EXISTING LAW  :

          1)Provides that the right to dispense, sell, or furnish  
            prescription lenses at retail to the person named in a  
            prescription is limited to physicians and surgeons,  
            optometrists, and RDOs.

          2)Provides for the regulation of dispensing opticians by the  
            MBC, and requires a person engaging in the business of a  
            dispensing optician to be registered biennially with the MBC.

           FISCAL EFFECT  :   Unknown

           COMMENTS :   

           Purpose of this bill  .  According to the author's office, "There  
          are thousands of opticians in California practicing at hundreds  
          of locations throughout the state, including LensCrafters,  
          WalMart, Site for Sore Eyes, Kaiser, private offices, and large  
          dispensaries?. Under current law, opticians are regulated by the  
          MBC.  They are required to register with the MBC biennially to  
          ensure they comply with the statutory requirements and  
          procedures outlined.  









                                                                  AB 602
                                                                  Page  2

          "Registration materials are sent directly to each registered  
          location at varying times of the year.  For LensCrafters, this  
          means materials are sent to over 100 busy stores across the  
          state at different times, creating confusion, and in some  
          circumstances, delay in the registration process.

          "To increase the efficiency of the registration process, AB 602  
          (Price) will allow the department to accept a corporate mailing  
          address for the purpose of mailing registration materials to the  
          corporate office.  The bill would also clarify the registration  
          process would occur biennially." 

           Background .  According to the MBC, it is current practice for a  
          RDO to register biennially.  This is not currently reflected in  
          statute, so the author is seeking to clarify the time period on  
          record.  

          Also not in statute or regulations, but on the RDO registration  
          form, is a specific note that certificates and certificate  
          renewals will only be sent to a store's address of record,  
          regardless of the existence of a separate headquarters liaison.   
          The sponsor is seeking to encourage the MBC to send mailings  
          related to registration to a central headquarters, rather than  
          to the various optical offices.  The sponsor claims that many  
          larger optical chains would benefit from the ability to have one  
          central mailing address for their California businesses.   
          Currently, registration forms are sent to individual offices,  
          which then must be sent to a headquarters to coordinate renewal.  
             

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          LensCrafters (sponsor)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Sarah Huchel / B. & P. / (916) 319-3301