BILL ANALYSIS
AB 2683
Page 1
Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2683 (Hernandez) - As Amended: April 13, 2010
SUBJECT : Optometrists.
SUMMARY : Authorizes the practice of optometry at a health care
facility or residential care facility. Specifically, this bill :
1)Authorizes an optometrist to engage in the practice of
optometry at any health facility or residential care facility,
provided the optometrist:
a) Maintains a primary business office, separate from the health
facility or residential care facility, that meets all of
the following requirements:
i) Is open to the public during normal business hours by
telephone and for purposes of billing services or access
to patient records;
ii) Is licensed to the optometrist or the employer of the
optometrist as a local business with the city or county
in which it is located;
iii) Is registered by the optometrist with the Board of
Optometry (Board);
iv) Is owned or leased by the optometrist or by the employer of
the optometrist; and,
v) Is not a residential dwelling.
b) Maintains or discloses patient records in the following
manner:
i) Records are maintained and made available to the patient in
such a way that the type and extent of services provided
to the patient are conspicuously disclosed. The
disclosure of records shall be made at or near the time
services are rendered and shall be maintained at the
AB 2683
Page 2
primary business office;
ii) The optometrist complies with all federal and state laws
and regulations regarding the maintenance and protection
of medical records, including, but not limited to, the
federal Health Insurance Portability and Accountability
Act of 1996;
iii) The optometrist keeps all necessary records for a minimum
of seven years from the date of service. Any information
shall be certified by the optometrist as being true,
accurate, and complete;
iv) Records are be maintained for each prescription, if issued,
as part of the patient's chart, including the
optometrist's name and license number, the place of
practice or primary business office, and the description
of the goods and services for which the patient is
charged and the amount charged; and,
v) A copy of any referral or order requesting optometric
services for a patient from the health facility's or
residential care facility's administrator, director of
social services, the attending physician and surgeon, the
patient, or a family member be kept in the patient's
medical record.
c) Possesses and appropriately uses the instruments and
equipment required for all optometric services and
procedures performed within the health facility or
residential care facility.
2)Exempts an optometrist from providing notification to the
Board of each health facility or residential care facility,
provided all requirements are met.
EXISTING LAW :
1)Provides for the licensure and regulation of optometrists by
the Board.
2)Requires an optometrist to notify the Board in writing of the
address or addresses where he or she is to engage, or intends
to engage, in the practice of optometry.
AB 2683
Page 3
3)Exempts an optometrist from notifying the Board if he or she
engages in temporary practice which is limited to seven
calendar days during a 30-day period and 54 days during the
calendar year.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Optometrists who practice in a variety of non-traditional
settings, i.e., skilled nursing facilities, psychiatric
facilities, intermediate care facilities, etc., and exceed the
provisions for temporary practice have asked the Board to define
for the purposes of setting minimum standards and clarification
for optometrists who work in these settings.
"Additionally, over the next several years and decades,
California's, and the nations' baby boom generation are reaching
age 65 and represent among the fastest growing population in the
state and in the nation. It is projected that the number of
elderly patients who live in assisted living facilities,
traditional nursing homes, and various tiers of intermediate
care is expected to double by year 2030. The concomitant
expectation is that a great number of professional services,
such as optometric services will be rendered for a
non-ambulatory, or relatively immobile, percentage of the
population. The Board wants to ensure that optometric services
rendered in these settings and for these patients are provided
in a manner as consistent as possible with the level of care
that would be provided by the practitioner in his/her regular
location for the practice of optometry."
Background . Current law requires optometrists to notify the
Board of all practice locations before beginning to practice at
any location. In 2007, legislation was adopted to facilitate
optometrists who practice at a given location on a temporary
basis (e.g., nursing homes or prisons). AB 986 (Eng), Chapter
276, Statutes of 2007 allows optometrists to practice at
temporary locations in a manner similar to a provision of law
that facilitates dentists working at temporary practice
locations, such as nursing homes, schools, and other public
institutions.
However, current law only provides minimal regulatory safeguards
AB 2683
Page 4
for optometrists who practice in Long-Term Care Facilities,
while an increasing number of optometrists are providing this
type of care either part-time or as a sole mode of practice.
This bill, sponsored by the Board, clarifies the minimum
standards governing optometric services in non-traditional
settings, including treatment documentation and preservation of
records, to increase transparency regarding billing and services
provided.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Optometry (sponsor)
Advanced Eyecare, Inc.
California Optometric Association
Vision Service Plan (VSP)
Opposition
None on file.
Analysis Prepared by : Marina Wiant / B.,P. & C.P. / (916)
319-3301