BILL NUMBER: SB 349 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Bates
(Coauthors: Senators Berryhill and Nguyen)
FEBRUARY 24, 2015
An act to add Section 3070.2 to the Business and Professions Code,
relating to optometry. optometry, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 349, as amended, Bates. Optometry: mobile optometric
facilities.
The Optometry Practice Act provides for the licensure and
regulation of the practice of optometry by the State Board of
Optometry, and makes a violation of the act a crime. The act requires
each licensed optometrist, before engaging in the practice of
optometry, to notify the board in writing of the address or addresses
where he or she is to engage in the practice of optometry and of any
changes in his or her place of practice. Under existing law,
all moneys collected pursuant to the act, except where
otherwise provided, are deposited in the Optometry Fund and
continuously appropriated to the board to carry out the act.
This bill would authorize an optometrist to engage in the practice
of mobile optometry with a mobile optometric facility, as defined,
if the optometrist meets certain requirements, including, but not
limited to, that the optometrist maintain a primary business office
separate from the mobile optometric facility, as specified. The bill
would also require an optometrist to certify that any information
included on a printed copy of an original document to a patient is
true, accurate, and complete. The bill would require that the mobile
optometric facility, among other things, has a vehicle identification
number. The bill would exempt mobile optometric facilities that are
part of an extended optometric clinical facility, as defined, from
these requirements.
This bill would define "mobile optometric facility" as mobile
optometric equipment, including, but not limited to, a trailer or
van that may be moved. The bill would limit ownership of a mobile
optometric facility to a nonprofit or charitable organization, a
governmental agency, or a school, as specified. The bill would
require a mobile optometric facility, while providing services, to
have access to, among other things, sufficient lighting around the
perimeter of the work site from which the mobile optometric facility
provides those services. The bill would require an owner
of a mobile optometric facility to be responsible for certain things,
including, but not limited to, maintaining the mobile optometric
facility in good repair and in a clean and sanitary manner. The bill
would also require the optometrist or owner of a mobile optometric
facility to maintain and disclose patient records as specified. The
bill would make these provisions operative on January 1, 2017.
This bill would require the board, by January 1, 2017, to
promulgate regulations establishing a registry for mobile optometric
facilities and shall set a registration fee at an amount not to
exceed the costs of administration. Because this bill would increase
those moneys deposited in a continuously appropriated fund, it would
make an appropriation.
Because a violation of the act is a crime, this bill would expand
the scope of an existing crime and would therefore impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
necessity of establishing regulations for mobile
optometric facilities in order to help secure the availability of
quality vision care services for patients who receive care in remote
or underserved areas and for patients who need specialized types of
cost-effective health care.
SECTION 1. SEC. 2. Section 3070.2 is
added to the Business and Professions Code, to read:
3070.2. (a) For purposes of this section, "mobile optometric
facility" means a self-contained unit housing
mobile optometric equipment, which may include a trailer or
van, that may be moved, towed, or transported from one location to
another in which the practice of optometry is performed as defined in
Section 3041. Mobile optometric facilities are limited to
nonprofit, charitable organizations with federal tax-exempt status as
described in Section 501(c)(3) of the Internal Revenue Code (26
U.S.C. Sec. 501(c)(3)) or a mobile unit that is operated by a
governmental agency. "Mobile optometric
facility " does not include an extended optometric
clinical facility, as defined in Section 1507 of Title 16 of the
California Code of Regulations.
(b) The purpose of this section is to provide requirements for
mobile optometric facilities to provide optometric services as
authorized in Section 3041, in order to help secure the availability
of quality vision care services for patients who receive care in
remote or underserved areas and for patients who need specialized
types of cost-effective health care.
(c) An optometrist may engage in the practice of mobile optometry
provided that all of the following requirements are met:
(1) The optometrist maintains a primary business office, separate
from the mobile optometric facility, that meets all of the following
requirements:
(A) Is open to the public during normal business hours by
telephone and for purposes of billing services or access to patient
records.
(B) Is licensed to the optometrist or the employer of the
optometrist as a local business with the city or county in which the
primary business office is located.
(C) Is registered by the optometrist with the board.
(D) Is owned or leased by the optometrist or by the employer of
the optometrist.
(E) Is not located in or connected with a residential dwelling.
(b) The ownership of a mobile optometric facility shall be limited
to a nonprofit or charitable organization, a governmental agency, or
a school as provided in subdivision (e) of Section 1507 of Title 16
of the California Code of Regulations.
(c) The board shall promulgate regulations establishing a registry
for mobile optometric facilities and shall set a registration fee at
an amount not to exceed the costs of administration by January 1,
2017.
(2)
(d) The optometrist maintains and discloses
or owner shall maintain and disclose patient
records in the following manner:
(A)
( 1) 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 primary business
office specified in paragraph (1). The optometrist
shall notify the patient where his or her records are stored and how
the patient may access them.
(B)
( 2) The optometrist
individual maintaining the records 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
(Public Law 104-191).
(C) The optometrist keeps all necessary records for a minimum of
seven years from the date of service in order to disclose fully the
extent of services furnished to a patient, pursuant to Section 3007.
Any information included on a printed copy of an original document to
a patient shall be certified by the optometrist as being true,
accurate, and complete.
(D)
(3) If a prescription is issued to a patient, records
shall be maintained for each prescription as part of the patient's
record, including all of the following information about the
prescribing optometrist: information.
(i) Name.
(ii) License number.
(iii) The place of practice and the primary business office.
(A) The optometrist's name, license number, and contact
information
(B) The mobile facility's owner, registration, and contact
information.
(C) The location at which optometric services were provided.
(iv)
(D) Description of the goods and services for which the
patient is charged and the amount charged.
(E)
(4) For services provided at a schoolsite, a copy of
consent by the parent, guardian, or legal representative and referral
or order requesting optometric services from personnel in a school
district or county office of education, as defined in Section 49452
of the Education Code and Section 591 of Title 5 of the California
Code of Regulations, shall be kept in the patient's medical record.
(3) The optometrist possesses and appropriately uses the
instruments and equipment required for all optometric services and
procedures performed within the mobile optometric facility.
(4) For mobile optometric facilities, the optometrist informs
patients in writing of any condition that requires follow-up care or
treatment.
(5) Mobile optometric facilities shall comply with all consumer
notice requirements of the board.
(6) There is a written procedure for follow-up care of patients
treated in a mobile optometric facility and that such procedure
includes arrangements for treatment by a local health care
professional.
(7) The mobile optometric facility shall arrange for emergency
medical care when indicated.
(8) The mobile optometric facility shall do all of the following:
(A) Have an access ramp or lift if services are provided to
disabled persons.
(B) Have adequate
(e) A mobile optometric facility shall comply with applicable
federal and state laws governing access for disabled individuals.
(f) When providing services, a mobile optometric facility shall
have access to all of the following:
(1) Adequate equipment and
supplies for cleaning, disinfection, and sterilization.
(C) Have access to an
(2) Adequate instruments and equipment required for all optometric
services and procedures performed within the mobile optometric
facility.
(3) An adequate supply of
clean clean, running water,
including hot and cold water.
(D) Have ready access to toilet
(4) Toilet facilities.
(E) Have a
(5) A covered, galvanized
stainless steel or other noncorrosive metal container for deposit of
refuse and waste materials.
(F) Comply
(6) Sufficient lighting around the perimeter of the work site from
which the mobile optometric facility provides any services.
(g) An owner of an optometric facility shall be responsible for
all of the following:
(1) Compliance with the
applicable requirements of the Vehicle Code, and shall have
a vehicle identification number for the mobile optometric facility.
Code.
(G) Maintain
(2) Maintaining the mobile optometric
facility in good repair and in a clean and sanitary manner.
(H) Have a written policy
(3) Establishing written policies
and procedures that include, but are not limited to, all of the
following:
(i)
(A) Scope of services.
(ii)
(B) Procedures for the performance of the services
provided.
(iii)
( C) Quality assurance.
(iv)
(D) Infection control.
(v)
( E) Medical record documentation of
services provided, as appropriate. provided.
(vi) Transport for patients, including, but not limited to, a
method of transportation, special equipment, necessary personnel, and
protection from inclement weather.
(vii)
(F) Emergency response and evacuation plan for the
mobile unit.
(I) Maintain
(G) Arrangements for treatment by a local health care
professional.
(H) Patient emergency medical care.
(I) Written notification for patients of any condition that
requires follow-up care or treatment.
( 4) Maintaining a
mobile unit services log that shall include, but is not limited to,
all of the following:
(i)
( A) Patient record or identification
number.
(ii)
( B) Name, age, and sex of patient.
(iii)
(C) Site, date, time, and as appropriate, duration of
exam.
(iv)
( D) Printed optometrist name and license
number.
(v)
(E) Signature or electronic signature, or the
equivalent.
(d)
(h) An optometrist who satisfies all of the
requirements in this section for the practice of optometry in a
mobile optometric facility shall not be required to comply with
Section Sections 3070 and 3077
in regard to providing notification to the board of each
location at which he or she practices.
(e) Mobile optometric facilities that are part of an extended
optometric clinical facility, as defined in Section 1507 of Title 16
of the California Code of Regulations, are exempt from the
requirements of this section.
(f) The licensed primary business office shall be responsible for
obtaining approval for parking of the mobile optometric facility as
required by the local planning, zoning, and fire authorities. The
mobile unit shall be situated for safe and comfortable patient
access. The mobile unit shall comply with all local parking laws. Any
parking restrictions developed by a primary business office or
clinic for mobile units shall be strictly enforced by the primary
business office or clinic. The primary business office or clinic
shall ensure that there is sufficient lighting around the perimeter
of the site from which the mobile unit provides any services.
(i) This section shall become operative on January 1, 2017.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.