BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1215|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1215
Author: Emmerson (R)
Amended: 4/12/12
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 8-0, 4/9/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Strickland, Wyland
NO VOTE RECORDED: Vargas
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/30/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Healing arts
SOURCE : State Board of Optometry
DIGEST : This bill establishes a retired license status
and a retired license with a volunteer service designation
for optometrists and defines temporary practice for
optometrist.
ANALYSIS :
Existing law:
1. Authorizes the State Board of Optometry (Board),
pursuant to the Optometry Practice Act, to license and
regulate the practice of optometry.
CONTINUED
SB 1215
Page
2
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.
(Business and Professions Code (BPC) � 462)
3. Requires an optometrist to pay a biennial fee of $425 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).
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.
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.
CONTINUED
SB 1215
Page
3
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.
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/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/she engages in practice.
CONTINUED
SB 1215
Page
4
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 before issuing the
license. They indicate that the licensee may not engage in
licensed practice.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Minor increase of estimated $3,750 in license fee revenue
to the State Optometry Fund, ongoing; assuming no change
in number of inactive licenses issued annually.
Minimal costs for clarification of address notifications
and place of practice requirements.
SUPPORT : (Verified 5/1/12)
California Board of Optometry (source)
California Optometric Association
United Nurses Association/Union of Health Care
Professionals
ARGUMENTS IN SUPPORT : According to the author's office,
this bill will create a clear pathway for retired
optometrists to easily activate their license if they
choose to return to practice. This 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
CONTINUED
SB 1215
Page
5
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's office, 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's office 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's office 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.
JJA:mw 5/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED