BILL ANALYSIS �
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|Hearing Date:April 9, 2012 |Bill No:SB |
| |1215 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 1215Author:Emmerson
As Introduced: February 22, 2012 Fiscal:Yes
SUBJECT: Healing arts.
SUMMARY: Establishes a retired license status and a retired license
with a volunteer service designation for optometrists; defines
temporary practice for optometrist.
Existing law:
1)Authorizes the State Board of Optometry (Board) pursuant to the
Optometry Practice Act to license and regulate the practice of
optometry.
2)Permits licensed optometrists to be placed on inactive status and be
issued an inactive license or allows their license to expire when
they retire from practice. (BPC � 462)
3)Requires an optometrist to pay a biennial fee of $425.00 if they are
issued an inactive license and specifies that the holder of an
inactive license shall not engage in any activity for which a
license is required. (BPC � 462 )
4)Exempts optometrists who have an inactive license from having to
comply with continuing education requirements. (BPC � 462)
5)Provides that if an optometrist has an expired license and does not
pay fees to the Board, their license will go into delinquent status
and be cancelled after three years. (BPC � 3147.6)
6)Exempts an optometrist from notifying the Board of their change of
address when the optometrist is engaging in temporary practice (BPC
� 3070).
SB 1215
Page 2
This bill:
1)Requires the Board to issue a retired license to an optometrist with
a current and active license. The optometrist is required to apply
for the retired license and pay a fee no more than $25.00.
2)Prohibits the holder of a retired license from engaging in the
practice of optometry.
3)Authorizes the holder of a retired license to use only certain
titles and to reactivate the license upon repayment of a
reactivation fee which is determined by the Board.
4)Requires the Board to issue a volunteer service designation to an
optometrist with a retired or current and active license.
5)Requires an optometrist with a retired license with a volunteer
service designation to be subject to renewal fee requirements and
completion of continuing education units.
a) The optometrist is required to pay a fee no more than
$50.00.
b) The optometrist is required to complete a total of 50
hours of continuing education every two years in order to renew
his or her certificate. Thirty-five of the required
50 hours of continuing education shall be on the diagnosis,
treatment, and management of ocular disease.
6)Requires an optometrist to obtain a Statement of Licensure from the
Board and place it in any location where the optometrist provides
services.
7)Defines temporary practice and specifies that if an optometrist
needs to extend the time period of temporary practice, he/she must
apply for a Statement of Licensure from the Board.
8)Eliminates the requirement that an optometrist provide notification
of address change to the Board if the optometrist is only engaging
in temporary practice.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
SB 1215
Page 3
COMMENTS:
1.Purpose. This bill is sponsored by the California Board of
Optometry . This bill will establish a retired status and a
volunteer designation status for licensed optometrists.
Optometrists will be required to pay a one-time fee of $25 for a
retired license status while the retired license with volunteer
designation status will be a biennial fee of $50. An optometrist
with a volunteer designation status will still be required to comply
with continuing education requirements.
According to the Author, this bill will create a clear pathway for
retired optometrists to easily activate their license if they choose
to return to practice. The bill will define temporary practice as
the practice of optometry at any location other than the
optometrist's principal place of practice and limit that practice to
a total period of five calendar days during a 30 day period, not to
exceed 36 days in a calendar year. This limit would apply to all
locations where an optometrist is engaged in temporary practice, not
each location individually. If an optometrist needs to extend the
time period of temporary practice, the optometrist is required to
apply for a Statement of Licensure from the Board.
According to the Author, there are two major complaints among
optometrists regarding the license status options available to them
upon retirement. First, renewing under inactive status requires
optometrists to pay the renewal fee every two years when they have
no intention of ever practicing again. Second, if optometrists
choose to not pay the fees and have their license expire, they are
considered delinquent until the license is cancelled after three
years. Delinquency implies that the optometrist is non-compliant
with Board requirements, such as past due fees or not fulfilling the
continuing education requirements. The Author notes that it is
unacceptable for optometrists to be designated as a delinquent
status professional and have their reputations tarnished when they
simply are retired.
The Author indicates that by simplifying the process of obtaining a
retired license with volunteer designation, retired optometrists
will be encouraged to provide volunteer services. These volunteer
services are a means of increasing access to care for many
underserved communities. For example, charitable organizations can
benefit from volunteer optometry services and the retired license
with volunteer status would provide these organizations better
access to obtain these services.
SB 1215
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2.Background. Several other Boards and professions offer a retired
license designation.
The Medical Board of California allows a physician and surgeon to
apply for a similar retired license. A retired licensee is exempt
from paying the renewal fee and continuing education requirements,
but may not engage in medical or podiatric practice.
A respiratory care therapist may request the Respiratory Care Board
to place his or her license on a retired status. The licensee is
not required to renew the license or to pay a renewal fee, is
prohibited from practice and subject to discipline if he or she
engages in practice.
The Board of Pharmacy may issue a retired license to a pharmacist
whose license is not revoked, and who applies to the board and pays
a $30 fee. The retired license is not required to be renewed, and
the retired licensee may not engage in a licensed practice.
Architects, engineers and land surveyors may also be issued retired
licenses upon application to their respective licensing board and
payment of a fee. Retired licenses do not have to be renewed.
The Board of Behavioral Sciences requires a retired licensee to pay
a one-time fee of $40.00 before issuing the license. They indicate
that the licensee may not engage in licensed practice.
3.Related Legislation. AB 2848 (Hernandez, 2008) was intended to
create a retired license status for optometrists. The bill proposed
in 2008 did not define a means for a retired license to return to
active status. The bill died in the Senate.
AB 2699 (Bass, Chapter 270, Statutes of 2010) allowed a health care
practitioner licensed in another state to provide health care in
California by meeting specified conditions and if the services
provided meet the following conditions:
a) Care is in association with a health fair which has a
sponsoring entity that registers with the healing arts board,
pays a registration fee, and provides specified information to
the county health department where the health care services
will be provided.
b) Care is on a short-term, voluntary basis.
c) Care is to uninsured or underinsured persons.
SB 1215
Page 5
d) Care is without charge to the recipient or to a third
party on behalf of the recipient.
AB 431 (Ma, Chapter 395, Statutes of 2011) authorized the Board of
Accountancy to establish a system for the placement of a license on
a retired status for those accountants who are not actively engaged
in the practice of public accountancy or any activity which requires
them to be licensed. It prohibited the holder of a retired status
license from engaging in any activity for which a permit is
required. It also required the Board to establish minimum
qualifications for the restoration of a retired status license to
active status, including, but not limited to continuing education
and payment of a fee.
AB 1807 (Bronshvag, Chapter 26, Statutes of 1994) authorized any
board or bureau within DCA to establish, by regulation, a system for
an inactive license category for persons not actively engaged in
practice, subject to certain provisions, including:
a) The inactive licensee shall not engage in any activity for
which a license is required.
b) The inactive license shall be renewed in the same time
period as an active license, and any continuing education
requirements are not required.
c) The active license renewal fee shall apply for renewal of
an inactive license, unless a lesser fee is specified by the
board.
d) An inactive license may be restored to active status upon
payment of the renewal fee and completion of any continuing
education required for renewal of an active license, as
specified.
1.Arguments in Support. According to the California Board of
Optometry , this bill also provides clarification regarding the
temporary practice of optometry. They state "?defining the temporary
practice of optometry will reduce confusion among optometrists
regarding when they have to notify the Board of each practice
location."
Dr. Bradley Straatsma, Professor and Chair Emeritus of the
University California Los Angeles (UCLA) Department of Ophthalmology
and the Director of the Jules Stein Eye Institute states, "The
volunteer designation status for licensed optometrists would greatly
assist retired optometrists who elect to provide optometric services
SB 1215
Page 6
without compensation in activities such as the Preschool Children's
Vision Screening Program conducted by the Jules Stein Eye Institute
at UCLA."
According to Vision Service Plan (VSP) Vision Care , "SB 1215 would
provide clarity in the laws that regulate licensed optometrists and
streamline the retired status options for licensees."
The California Optometric Association indicates that the new license
category will increase access to care for the poor and medically
underserved by allowing an optometrist to retire from practice yet
continue to volunteer their services at health fairs and community
service events.
2.Technical Amendment. The Committee suggests an amendment be made to
page 5 line 37 in order to correct a grammatical error.
Specifically, the word "reactive" should be amended to "reactivate."
SUPPORT AND OPPOSITION:
Support:
California Board of Optometry (Sponsor)
California Optometric Association
Dr. Bradley Straatsma, Professor and Chair Emeritus
of the UCLA Department of Ophthalmology and Director of the Jules
Stein Eye Institute
Vision Service Plan Vision Care
1 individual
Opposition:
None on file as of April 4, 2012.
Consultant:Le Ondra Clark