BILL ANALYSIS �
SB 1215
Page 1
SENATE THIRD READING
SB 1215 (Emmerson)
As Amended August 20, 2012
Majority vote
SENATE VOTE : 35-0
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes a retired license and a license with
retired volunteer service designation for optometrists, and
makes additional changes to law governing the practice of
optometry. Specifically, this bill :
1)Requires a licensed optometrist, after providing the address
or addresses and place of practice information to the Board of
Optometry (Board), to obtain a statement of licensure from the
Board to be placed in all practice locations other than an
optometrist's principal place of practice. Any licensed
optometrist who holds a branch office license is not required
to obtain a statement of licensure to practice at that branch
office.
2)Deletes language authorizing the Board to define "temporary
practice," and instead defines "temporary practice" to mean
the practice of optometry at locations other than the
optometrist's principal place of practice for not more than
five calendar days during a 30-day period, and not more than
36 days within a calendar year. This limitation applies to
all practice locations where the licensed optometrist is
engaging in temporary practice, not to each practice location
individually. If the time period of the temporary practice
needs to be extended for any reason, the licensed optometrist
SB 1215
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shall submit an application for a statement of licensure to
the Board pursuant to current Board regulations.
3)Deletes provisions listing the types of facilities in which
optometrists may engage in temporary practice without
providing notification to the Board.
4)Clarifies that the Board holds enforcement authority over
holders of a retired license, a license with retired volunteer
service designation, or an inactive license.
5)Authorizes a retired license issued for less than three years
to be reactivated to active status, and authorizes a retired
license issued for more than three years to be reactivated to
active status pursuant to current law governing the
restoration of a license that is not renewed within three
years after expiration, as specified.
6)Requires the Board to issue, upon application and payment of a
fee not to exceed $25, a retired license to an optometrist who
holds a license that is current and active. These licensees
are exempt from continuing education (CE) requirements and are
not required to renew a retired license.
7)Prohibits a holder of a retired license from engaging in the
practice of optometry, and allows retired license holders to
use only the titles "retired optometrist" or "optometrist,
retired."
8)Requires the Board to issue, upon initial application and
payment of a fee not to exceed $50, a license with retired
volunteer service designation to an optometrist who holds a
retired license or a license that is current and active.
9)Requires applicants for a retired volunteer service
designation to certify that they have completed CE required of
licensed, actively-practicing optometrists, and that the sole
purpose of the license with retired volunteer service
designation is to provide voluntary, unpaid optometric
services at health fairs, vision screenings, and public
service eye programs.
10)Requires holders of a retired license with volunteer service
designation to submit a renewal application every two years,
as specified, including a fee not to exceed $50.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, possible minor reductions in fee revenue to the State
Optometry Fund. Individuals who pursue the licensure options
created by this bill and pay fees of $25 one-time or $50
biennially may otherwise pay a biennial renewal fee of $425 for
inactive licensure status. On the other hand, if this bill were
enacted, some individuals who otherwise pay nothing, and allow
their license to enter delinquent status, may instead pursue a
retired license status and pay $25-$50 in licensure fees. The
net impact on licensure fee revenue is unknown.
Under current law, the Board is authorized to increase a variety
of fees related to their licensees, subject to statutory maximum
levels. If there are minor revenue reductions to the State
Optometry Fund, fee increases in other areas may be necessary in
order to replace lost revenue.
COMMENTS : This bill establishes a retired status and a
volunteer designation status for licensed optometrists, and sets
a fee of no more than $25 for a retired license status and a
maximum fee of $50 for the retired license with volunteer
designation status. The latter allows the holder to provide
voluntary, unpaid optometric services at health fairs, vision
screenings, and public service eye programs as long as CE
requirements are met.
This bill also provides a definition for temporary practice,
rather than requiring the Board to do so, limiting temporary
practice to five calendar days in a 30-day period and 36 days in
a calendar year, and deletes a list of settings in which
temporary practice is allowed under current law. In effect,
this allows optometrists more flexibility in the settings where
they practice on a temporary basis, while retaining requirements
to carry and present evidence of licensure and to provide
patients with the optometrist's primary practice location and
the temporary practice location where services are provided.
This bill also requires optometrists to obtain a statement of
licensure from the Board to be placed in all practice locations
other than the optometrist's principal place of practice, but
waives this requirement for optometrists who hold a branch
office license.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
SB 1215
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319-3301
FN: 0004913