BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 761
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 761 (Roger Hernández)
          As Amended  August 22, 2012
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(January 26,    |SENATE: |35-0 |(August 28,    |
          |           |     |2012)           |        |     |2012)          |
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           Original Committee Reference:    B.,P. & C.P.  

           SUMMARY  :  Allows optometrists to independently perform waived 
          clinical laboratory tests necessary for the diagnosis of 
          conditions and diseases of the eye.  Specifically,  this bill  :  

          1)Adds licensed optometrists to the list of persons who are 
            authorized under current law to perform a clinical laboratory 
            test or examination classified as waived under the federal 
            Clinical Laboratory Improvement Amendments (CLIA) of 1988.

          2)Includes, in the definition of "laboratory director" for 
            purposes of a clinical laboratory test or examination 
            classified as waived, a duly licensed optometrist serving as 
            the director of a laboratory, which only performs clinical 
            laboratory testing as authorized in 3) below.

          3)Clarifies that an optometrist who is certified to use 
            therapeutic pharmaceutical agents (TPAs) may also perform tear 
            fluid analysis.

          4)Allows optometrists who are certified to use TPAs to perform a 
            clinical laboratory test or examination classified as waived 
            under CLIA and as designated under current law, as specified, 
            necessary for the diagnosis of conditions and diseases of the 
            eye or adnexa, or if otherwise specifically authorized by the 
            Optometry Practice Act.

          5)Specifies that, for purposes of the Optometry Practice Act, 
            "adnexa" means ocular adnexa.

           The Senate amendments  clarify that an optometrist who is 
          certified to use TPAs may also perform tear fluid analysis, and 
          add language to avoid chaptering out issues with SB 1481 
          (Negrete McLeod).








                                                                  AB 761
                                                                  Page  2


           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee:

             1)   Personnel costs of an estimated $128,000 in 2012-13, 
               offset by fees payable to the Clinical Laboratory 
               Improvement Fund for registration of optometrists to 
               perform waived testing.

             2)   Personnel costs of an estimated $124,000 annually, 
               offset by fees payable to the Clinical Laboratory 
               Improvement Fund.
           

          Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301 

                                                                 FN: 
                                                                 0005532