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 the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry.

The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would recast those provisions to require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license or a license that was issued, or that has expired and has gone unrenewed, for specified periods, including over 5 years, if that licensee meets specified requirements. The bill would also require an applicant for a license with retired volunteer service designation whose retired license had been issued, or whose license had been expired, more than 3, but less than 5, years ago to certify on the application that he or she has completed, an additional 50 hours of formal continuing education coursework. By expanding the scope of the crime of perjury, this bill would 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.

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 the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry.

The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would recast those provisions to require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license or a license that was issued, or that has expired and has gone unrenewed, for specified periods, including over 5 years, if that licensee meets specified requirements. The bill would also require an applicant for a license with retired volunteer service designation whose retired license had been issued, or whose license had been expired, more than 3, but less than 5, years ago to certify on the application that he or she has completed, an additional 50 hours of formal continuing education coursework. By expanding the scope of the crime of perjury, this bill would 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.

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 the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry. The act authorizes the holder of a retired license issued for less than 3 years to reactivate the license to active status if certain requirements have been met, including, the filing of an application for reactivation on a form prescribed by the board. The act authorizes the holder of a retired license issued for more than 3 years to reactivate the license to active status if certain additional requirements have been met, including, that the holder of the retired license passes both the National Board of Examiners in Optometrys Clinical Skills examination, or other clinical examination approved by the board, and the boards jurisprudence examination. The

The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would limit the existing requirement that the board issue a license with retired volunteer service designation to an optometrist who holds a retired license to an optometrist who holds a retired license issued for less than 5 years. The bill would recast those provisions to require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license issued for 5 years or more, or a license that was issued, or that has expired and has gone unrenewed, for specified periods, including over 5 years, if that licensee meets all the requirements for an optometrist to reactivate his or her retired license issued for more than 3 years, as described above, and satisfies all other requirements of an applicant for a license with retired volunteer service designation. specified requirements. The bill would also require an applicant for a license with retired volunteer service designation who has held a retired license whose retired license had been issued, or whose license had been expired, for more than 3 3, but less than 5, years ago to complete, and certify on the application that he or she has completed, an additional 50 hours of formal continuing education coursework. By expanding the scope of the crime of perjury, this bill would 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.

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 the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry. The act authorizes the holder of a retired license issued for less than 3 years to reactivate the license to active status if certain requirements have been met, including, the filing of an application for reactivation on a form prescribed by the board. The act authorizes the holder of a retired license issued for more than 3 years to reactivate the license to active status if certain additional requirements have been met, including, that the holder of the retired license passes both the National Board of Examiners in Optometrys Clinical Skills examination, or other clinical examination approved by the board, and the boards jurisprudence examination. The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would limit the existing requirement that the board issue a license with retired volunteer service designation to an optometrist who holds a retired license to an optometrist who holds a retired license issued for less than 3 5 years. The bill would require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license issued for 3 5 years or more, if that licensee meets all the requirements for an optometrist to reactivate his or her retired license issued for more than 3 years, as described above, and satisfies all other requirements of an applicant for a license with retired volunteer service designation. The bill would also require an applicant for a license with retired volunteer service designation who has held a retired license for more than 3 years to complete, and certify on the application that he or she has completed, an additional 50 hours of formal continuing education coursework. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

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 the board to issue, upon application and payment of a specified fee, a retired license to an optometrist with a current and active license, and prohibits the holder of a retired license from engaging in the practice of optometry. The act authorizes the holder of a retired license issued for less than 3 years to reactivate the license to active status if certain requirements have been met, including, the filing of an application for reactivation on a form prescribed by the board. The act authorizes the holder of a retired license issued for more than 3 years to reactivate the license to active status if certain additional requirements have been met, including, that the holder of the retired license passes both the National Board of Examiners in Optometrys Clinical Skills examination, or other clinical examination approved by the board, and the boards jurisprudence examination. The act requires the board to issue a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active upon application and payment of a specified fee if the applicant certifies that he or she has completed the required continuing education hours. The act requires the applicant for a license with retired volunteer service designation to, among other things, certify 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.

This bill would limit the existing requirement that the board issue a license with retired volunteer service designation to an optometrist who holds a retired license to an optometrist who holds a retired license issued for less than 3 years. The bill would require the board to issue, upon application and payment of a specified fee, a license with retired volunteer service designation to an optometrist who holds a retired license issued for 3 years or more, if that licensee meets all the requirements for an optometrist to reactivate his or her retired license issued for more than 3 years, as described above, and satisfies all other requirements of an applicant for a license with retired volunteer service designation.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1253

Author:(Steinorth)

As Amended Ver:June 3, 2015

Majority vote

Original Committee Reference: B. & P.

SUMMARY: Establishes educational and training requirements for an optometrist seeking a license with retired volunteer service designation (volunteer license) who has not held an active license in more than three years.

The Senate amendments:

1. Authorize a volunteer license to be issued to an applicant whose license has not been renewed and has expired within the last three years.

2. Specify that a volunteer license shall not be issued to an applicant whose application would be subject to denial pursuant to relevant provisions of the Business and Professions Code.

3. Make clarifying and technical changes.

EXISTING LAW:

1. Provides, pursuant to the Optometry Practice Act, for the licensure and regulation of optometrists by the Board of Optometry (Board) within the Department of Consumer Affairs. (Business and Professions Code (BPC) Section 3000 et seq.)

2. Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, and the treatment and management of certain disorders and dysfunctions of the visual system, as well as the provision of rehabilitative optometric services, as specified. (BPC Section 3041)

3. Requires the Board to adopt regulations that require, as a condition to license renewal, that all licensees submit proof satisfactory to the Board that they have informed themselves of the developments in the practice of optometry occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the Board or by other means deemed equivalent by the Board. (BPC Section 3059)

4. Provides that a license expires at midnight on the last day of the licenseholder's birth month following its original issuance and thereafter at midnight on the last day of the licenseholder's birth month every two years if not renewed. (BPC Section 3146)

5. Authorizes an expired license to be renewed at any time within three years after its expiration, and a retired license issued for less than three years to be reactivated to active status by filing an application for renewal, paying all fees, and submitting proof of completion of the required number of hours of continuing education (CE) for the last two years. (BPC Section 3147)

6. Authorizes the Board to reactivate or restore to active status a license that is not renewed within three years after its expiration, or a retired license issued for more than three years, if specified requirements are met, including the passage of both the National Board of Examiners in Optometry's Clinical Skills examination, or other clinical examination approved by the Board, and the Board's jurisprudence examination. (BPC Section 3147.6)

7. Requires the Board to issue, upon application and payment of prescribed fees, a retired license to an optometrist who holds a current and active license; exempts a retired licensee from CE requirements, and prohibits a retired licensee from practicing optometry. (BPC Section 3151)

8. Requires the Board to issue, upon application and payment of prescribed fees, a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active. (BPC Section 3151.1)

9. Requires an applicant for a license with retired volunteer service designation to certify that he or she has completed the required number of CEs and that the sole purpose of the license is to provide voluntary, unpaid optometric services at health fairs, vision screenings, and public service eye programs. (BPC Section 3151.1(b) (c))

10. Requires the holder of a retired license with volunteer service designation to renew that license biennially, and to certify that he or she has completed the CE requirements and that the sole purpose of the license is to provide voluntary, unpaid optometric services. (BPC Section 3151.1(d))

11. Limits the fee for a retired license, and the biennial renewal fee for a retired license with volunteer designation, to $50. (BPC Section 3152)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose of the bill. This bill is sponsored by the Board. According to the author, "[This bill] is a consumer protection measure which will ensure that retired optometrists are up to date and current on standard optometric practices. Existing law allows for someone who practiced optometry decades ago to quickly maintain a retired volunteer license simply by signing up and paying a fee. [This bill] will clarify that the Board will only issue a 'retired volunteer license' to an applicant if their regular optometrist license retired within the last three years. If it has been longer than three years, the optometrist would have to reapply to the Board as a new applicant. Consumers hold a reasonable expectation that optometrists at a health fair remain sufficiently educated in standard and current practices and knowledge. [This bill] will follow through on this expectation."

Retired and Retired Volunteer Service Licenses. SB 1215 (Emmerson), Chapter 359, Statutes of 2012, recently established both retired licenses and licenses with retired volunteer service designation for optometrists. Prior to these new license categories, licensees who were entering retirement had to choose between keeping an active license, and paying renewal fees, or having their license expire and put on delinquent status before the license was cancelled. In addition, SB 1215 made it easier for retired optometrists to volunteer by creating the volunteer service designation. Regulations implementing the fees for these license categories, set at $25 for retired licenses and $50 for retired volunteer licenses, became effective on April 1, 2014.

An optometrist with retired volunteer status is able to practice solely for the purpose of volunteering his or her services at health fairs, vision screenings, and public service eye programs. There is no limitation on the scope of services that may be provided. Active retired volunteers are required to certify that they meet CE requirements, and must continue to meet CE requirements as a condition of renewal.

Continuing Education Requirements. BPC Section 3059 requires the Board to adopt CE requirements for licensees, and California Code of Regulations Title 16, Section 1536 outlines those requirements. Licensees are required to complete 40 hours of continuing optometric education course work within two years immediately preceding the license expiration date, while optometrists certified to use therapeutic pharmaceutical agents are required to complete 50 hours of CEs. According to the Board, while a retired licensee will have to certify that they have met these CE requirements, this CE requirement is only applicable to the licensee's last renewal period, because retired licensees are not required to complete CEs. As a result, under existing law, a retired licensee who has not maintained an active license may be eligible for a retired volunteer license at any point in time without completing any additional CEs.

No Time Frame for Retired Volunteer Licenses. The Board notes that because there is no time frame for a retired volunteer license, it may allow a retired licensee who has not practiced for decades and who has not kept up with any CE requirements to convert their license to retired volunteer status and start practicing again, which may pose a risk to consumers. According to the Board, consumers who rely on retired volunteer optometrists rightfully expect that the licensee is up to date on current standards, practices, and education within the optometry field, regardless of whether those services are paid for or not.

Because these license categories are new, there are currently no retired licensees who have been out of practice for more than three years and thus would be ineligible to convert their license to a retired volunteer license. In addition, there is no basis to determine whether allowing licensees who have been on retired status for more than three years provide, or have provided, substandard care to consumers. However, the Board seeks to prevent that possibility by limiting the time period a licensee can be out of practice. In addition, the Board notes that the practice of optometry is subject to great change, especially with regards to scope of practice, which may increase the likelihood that someone who is out of practice for longer than three years might not be able to provide the same level of service, especially when there are no limitations on the scope of services a volunteer can provide.

Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0001116

 THIRD READING  

Bill No: AB 1253

Author: Steinorth (R)

Amended: 6/3/15 in Senate

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote

SUBJECT: Optometry: license: retired volunteer service designation

SOURCE: California State Board of Optometry

DIGEST: This bill establishes educational and training requirements for an optometrist seeking a license with retired volunteer service designation (volunteer license) who has not held an active license in more than three years.

ANALYSIS:

Existing law:

1. Provides, pursuant to the Optometry Practice Act, for the licensure and regulation of optometrists by the Board of Optometry (Board) within the Department of Consumer Affairs. (Business and Professions Code (BPC) § 3000 et seq.)

2. Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, the treatment and management of certain disorders and dysfunctions of the visual system, and the provision of rehabilitative optometric services, as specified. (BPC § 3041)

3. Requires the Board to adopt regulations that require, as a condition of license renewal, that all licensees submit proof that they have informed themselves of the developments in the practice of optometry occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the Board or by other means deemed equivalent by the Board. (BPC § 3059)

4. Provides that a license expires at midnight on the last day of the licenseholder's birth month following its original issuance and thereafter at midnight on the last day of the licenseholder's birth month every two years if not renewed. (BPC § 3146)

5. Authorizes an expired license to be renewed at any time within three years after its expiration, and a retired license issued for less than three years to be reactivated to active status by filing an application for renewal, paying all fees, and submitting proof of completion of the required number of hours of continuing education (CE) for the last two years. (BPC § 3147)

6. Authorizes the Board to reactivate or restore to active status a license that is not renewed within three years after its expiration, or a retired license issued for more than three years, if specified requirements are met, including the passage of both the National Board of Examiners in Optometry's Clinical Skills examination, or other clinical examination approved by the Board, and the Board's jurisprudence examination. (BPC § 3147.6)

7. Requires the Board to issue, upon application and payment of prescribed fees, a retired license to an optometrist who holds a current and active license; exempts a retired licensee from CE requirements, and prohibits a retired licensee from practicing optometry. (BPC § 3151)

8. Requires the Board to issue, upon application and payment of prescribed fees, a volunteer license to an optometrist who holds a retired license or a license that is current and active. (BPC § 3151.1)

9. Requires the holder of a volunteer license to renew that license biennially, and to certify that he or she has completed the CE requirements and that the sole purpose of the license is to provide voluntary, unpaid optometric services. (BPC § 3151.1(d))

10. Requires an optometrist to complete, within two years immediately preceding the license expiration date, either 40 hours of CE or, if the optometrist is certified to use therapeutic pharmaceutical agents, 50 hours of CE. (Title 16, California Code of Regulations § 1536)

This bill:

1. Authorizes the Board to issue a volunteer license to an optometrist who satisfies any of the following:

1. Holds a retired license issued within the last three years, a license that has expired within the last three years, or a license that is current and active.

2. Holds a retired license issued more than three but less than five years ago, or a license that expired more than three but less than five years ago and is not subject to denial, as specified, if he or she certifies the completion of 50 hours of CE.

3. Holds a retired license issued more than five years ago or has a license that expired more than five years ago and satisfies all of the following requirements:

1. Is not subject to a license denial for specified reasons.

2. Applies to the Board.

3. Pays the specified fees.

4. Satisfactorily passes both of the following:

1. The National Board of Examiners in Optometry’s Clinical Skills examination or other clinical examination approved by the Board.

2. The Board’s jurisprudence examination.

2. Provides that a volunteer license shall expire at midnight on the last day of the licenseholder’s birth month every two years if not renewed.

3. Makes clarifying and technical amendments.

Background

Retired and Volunteer Licenses. SB 1215 (Emmerson, Chapter 359, Statutes of 2012) established both retired and volunteer licenses. Prior to these new categories, licensees entering retirement had to choose between keeping an active license and complying with the attendant obligations (renewal fees, CE requirements) or having their license placed on delinquent status due to non-renewal until it was cancelled. This delinquency status is public and could be construed as an indicator of professional impropriety, rather than just a choice to not renew due to retirement. SB 1215 allowed an optometrist to pay a one-time fee to obtain a retired license, which exempted the licensee from any further renewals and CE requirements in exchange for no longer practicing optometry. A retired optometrist could reactivate his or her license within three years without penalty.

SB 1215 also allowed a retired optometrist to offer his or her services for free at health fairs, vision screenings, and public service eye programs by obtaining a volunteer license. SB 1215 required that a volunteer optometrist renew the license every two years and take the same CE requirements required of active licensees.

While the law establishing a retired and retired volunteer license was established in 2012, there are currently no individuals with those designations because the Board is currently completing the implementing regulations.

No Timeframe for Retired Volunteer Licenses. In developing regulations for SB 1215, the Board noted that current law does not establish timeframes or competency requirements for returning a retired optometrist to practice. This could permit someone who has not practiced in decades and not kept up with changes in optometry to provide services to consumers. The Board believes that consumers who rely on retired volunteer optometrists rightfully expect that the licensee is up to date on current standards, practices, and education within the optometry field, whether those services are paid for or not.

This bill establishes graduated education and training requirements for an optometrist to obtain a volunteer license based on his or her time out of practice.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/22/15)

California State Board of Optometry (source)

California Optometric Association

OPPOSITION: (Verified 6/22/15)

None received

ARGUMENTS IN SUPPORT: The California State Board of Optometry writes, “Existing law allows for the holder of a retired license to convert said license to a retired volunteer service license at any time – even if their retired license is many years old, and have not practiced optometry in several years. Consumers have a reasonable expectation that an optometrist who serves at a public health fair, for example, are licensed and up to date on current practices within the field of optometry. AB 1253 will uphold this expectation by establishing timeframes and expiration dates for retired volunteer service licenses.”

ASSEMBLY FLOOR: 77-0, 4/30/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Chávez, Gomez

Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104

6/23/15 9:49:13

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 1253 Hearing Date: June 8, 2015

Subject: Optometry: license: retired volunteer service designation.

SUMMARY:

Establishes educational and training requirements for an optometrist seeking a license with retired volunteer service designation (volunteer license) who has not held an active license in more than three years.

Existing law:

1. Provides, pursuant to the Optometry Practice Act, for the licensure and regulation of optometrists by the Board of Optometry (Board) within the Department of Consumer Affairs. (Business and Professions Code (BPC) § 3000 et seq.)

2. Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, the treatment and management of certain disorders and dysfunctions of the visual system, and the provision of rehabilitative optometric services, as specified. (BPC § 3041)

3. Requires the Board to adopt regulations that require, as a condition of license renewal, that all licensees submit proof that they have informed themselves of the developments in the practice of optometry occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the Board or by other means deemed equivalent by the Board. (BPC § 3059)

4. Provides that a license expires at midnight on the last day of the licenseholder's birth month following its original issuance and thereafter at midnight on the last day of the licenseholder's birth month every two years if not renewed. (BPC § 3146)

5. Authorizes an expired license to be renewed at any time within three years after its expiration, and a retired license issued for less than three years to be reactivated to active status by filing an application for renewal, paying all fees, and submitting proof of completion of the required number of hours of continuing education (CE) for the last two years. (BPC § 3147)

6. Authorizes the Board to reactivate or restore to active status a license that is not renewed within three years after its expiration, or a retired license issued for more than three years, if specified requirements are met, including the passage of both the National Board of Examiners in Optometry's Clinical Skills examination, or other clinical examination approved by the Board, and the Board's jurisprudence examination. (BPC § 3147.6)

7. Requires the Board to issue, upon application and payment of prescribed fees, a retired license to an optometrist who holds a current and active license; exempts a retired licensee from CE requirements, and prohibits a retired licensee from practicing optometry. (BPC § 3151)

8. Requires the Board to issue, upon application and payment of prescribed fees, a volunteer license to an optometrist who holds a retired license or a license that is current and active. (BPC § 3151.1)

9. Requires the holder of a volunteer license to renew that license biennially, and to certify that he or she has completed the CE requirements and that the sole purpose of the license is to provide voluntary, unpaid optometric services. (BPC § 3151.1(d))

10. Requires an optometrist to complete, within two years immediately preceding the license expiration date, either 40 hours of CE or, if the optometrist is certified to use therapeutic pharmaceutical agents, 50 hours of CE. (Title 16, California Code of Regulations § 1536)

This bill:

1. Authorizes the Board to issue a volunteer license to an optometrist who satisfies any of the following:

1. Holds a retired license issued within the last three years, a license that has expired within the last three years, or a license that is current and active.

2. Holds a retired license issued more than three but less than five years ago, or a license that expired more than three but less than five years ago and is not subject to denial, as specified, if he or she certifies the completion of 50 hours of CE.

3. Holds a retired license issued more than five years ago or has a license that expired more than five years ago and satisfies all of the following requirements:

1. Is not subject to a license denial for specified reasons.

2. Applies to the Board.

3. Pays the specified fees.

4. Satisfactorily passes both of the following:

1. The National Board of Examiners in Optometry’s Clinical Skills examination or other clinical examination approved by the Board.

2. The Board’s jurisprudence examination.

2. Provides that a volunteer license shall expire at midnight on the last day of the licenseholder’s birth month every two years if not renewed.

3. Makes clarifying and technical amendments.

FISCAL EFFECT:

This measure has been keyed “fiscal” by Legislative Counsel. According to the Assembly Appropriations Committee, dated April 22, 2015, costs to the Board are projected to be minor and absorbable. Any increased workload would be funded by commensurate fee revenue.

COMMENTS:

1. Purpose. This bill is sponsored by the California State Board of Optometry. According to the Author’s office, this bill is necessary because “there is no defined period by which an optometrist must convert his/her license to a ‘retired volunteer’ license. This is problematic because existing law allows for a scenario in which an optometrist may not have practiced for decades, but can quickly and easily decide to obtain a retired volunteer license by filling out a form and paying a fee to the State Board of Optometry.

“This poses consumer protection concerns, as consumers rightfully expect that a volunteer optometrist is at least relatively up to date on current standards, practices, and education within the optometric field. AB 1253 will uphold reasonable consumer expectations that a volunteer optometrist is qualified to offer services.”

2. Background. The Board’s mission is to protect the health and safety of California consumers through licensing, education, and regulation of the practice of optometry. There are currently over 8,800 licensed optometrists.

3. Retired and Volunteer Licenses. SB 1215 (Emmerson, Chapter 359, Statutes of 2012) established both retired and volunteer licenses. Prior to these new categories, licensees entering retirement had to choose between keeping an active license and complying with the attendant obligations (renewal fees, CE requirements) or having their license placed on delinquent status due to non-renewal until it was cancelled. This delinquency status is public and could be construed as an indicator of professional impropriety, rather than just a choice to not renew due to retirement. SB 1215 allowed an optometrist to pay a one-time fee to obtain a retired license, which exempted the licensee from any further renewals and CE requirements in exchange for no longer practicing optometry. A retired optometrist could reactivate his or her license within three years without penalty.

SB 1215 also allowed a retired optometrist to offer his or her services for free at health fairs, vision screenings, and public service eye programs by obtaining a volunteer license. SB 1215 required that a volunteer optometrist renew the license every two years and take the same CE requirements required of active licensees.

While the law establishing a retired and retired volunteer license was established in 2012, there are currently no individuals with those designations because the Board is currently completing the implementing regulations.

4. No Timeframe for Retired Volunteer Licenses. In developing regulations for SB 1215, the Board noted that current law does not establish timeframes or competency requirements for returning a retired optometrist to practice. This could permit someone who has not practiced in decades and not kept up with changes in optometry to provide services to consumers. The Board believes that consumers who rely on retired volunteer optometrists rightfully expect that the licensee is up to date on current standards, practices, and education within the optometry field, whether those services are paid for or not.
   
   This bill establishes graduated education and training requirements for an optometrist to obtain a volunteer license based on his or her time out of practice.
   
   

5. Policy Question Regarding Retired Licenses. Current law allows a volunteer license to be issued to either an optometrist with an active or retired license. This bill also allows a volunteer license to be issued to individuals who have allowed their licenses to expire and have not obtained a retired license, thereby bypassing the administrative requirement that entails a separate application form and payment. Because retired licenses do not yet exist, this bill will allow for a greater pool of potential volunteers because it captures all optometrists who have ceased practice.
   
   However, current law is still nonsensical with regards to obtaining a retired license. Retired licenses may currently only be issued to individuals immediately following active practice, so if an individual decides to allow his or her license to expire due to retirement, but later decides to obtain a retired license, he or she must reactivate his or her license (which, depending on the length of time between the expiration and reactivation may include complete retesting of optometry skills and knowledge), and then retire it. The Committee recommends amending these provisions to allow the issuance of a retired license to an optometrist whose license was in good standing prior to its expiration.
   
   

6. Previous Legislation. SB 1215 (Emmerson, Chapter 359, Statutes of 2012) required the Board to issue a retired license to an optometrist with a current and active license, prohibited the holder of a retired license from engaging in the practice of optometry, and authorized the holder of a retired license to reactive the license if certain conditions were met. The bill also required the board to issue a volunteer license to an optometrist with a retired or current and active license, and required that applicant to certify completion of specified continuing education hours, and established renewal procedures for that license designation.

5. Arguments in Support. The California State Board of Optometry writes, “Existing law allows for the holder of a retired license to convert said license to a retired volunteer service license at any time – even if their retired license is many years old, and have not practiced optometry in several years. Consumers have a reasonable expectation that an optometrist who serves at a public health fair, for example, are licensed and up to date on current practices within the field of optometry. AB 1253 will uphold this expectation by establishing timeframes and expiration dates for retired volunteer service licenses.”

SUPPORT AND OPPOSITION:

Support:

California State Board of Optometry (Sponsor)

California Optometric Association

Opposition:

None on file as of June 2, 2015.

-- END --

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1253

Author:(Steinorth) – As Amended Ver:April 8, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill increases standards for a retired volunteer optometrist license, such that:

1. An optometrist who has retired an active license between three years and five years prior is eligible for a retired volunteer optometrist license by completing additional continuing education coursework.

2. An optometrist who has retired an active license five or more years ago is eligible for a retired volunteer optometrist license by meeting the same requirements that apply to restoring a lapsed license, including retaking relevant licensure exams.

FISCAL EFFECT:

Costs to the Board of Optometry (Board) are projected to be minor and absorbable. Any increased workload would be funded by commensurate fee revenue.

COMMENTS:

1. Purpose. This bill is cleanup language to SB 1215 (Emmerson), Chapter 359, Statutes of 2012, described below. This bill is sponsored by the Board to ensure high standards of optometry care are provided even when an optometrist is providing services on a volunteer basis. The Board states existing law allows for the holder of a retired license to convert their license to a retired volunteer license at any time, even if their retired license is many years old, and have not practiced optometry in several years. Furthermore, the Board contends consumers have a reasonable expectation that an optometrist who serves at a public health fair, for example, is licensed and up to date on current practice.

2. Prior Legislation. SB 1215 (Emmerson), Chapter 359, Statutes of 2012, required the Board to issue a retired license to an optometrist with an active license, prohibited the holder of a retired license from engaging in the practice of optometry, and authorized the holder of a retired license to reactive the license if certain conditions were met.

The bill also required the board to issue a retired license with a volunteer service designation to an optometrist with a retired or current and active license, required the applicant to certify completion of specified continuing education hours, and established renewal procedures for that license designation.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 7, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 1253

Author:Steinorth – As Introduced Ver:February 27, 2015

SUBJECT: Optometry: license: retired volunteer service designation.

SUMMARY: Limits the issuance of a license with a retired volunteer service designation to an optometrist who holds a retired license for less than three years, and requires the holder of a retired license issued for more than three years to meet certain requirements, including passing clinical and jurisprudence examinations, in order for the State Board of Optometry (Board) to issue a license with retired volunteer service designation.

EXISTING LAW

1. Provides, pursuant to the Optometry Practice Act, for the licensure and regulation of optometrists by the Board within the Department of Consumer Affairs. (Business and Professions Code (BPC) Section 3000 et seq.)

2. Defines the practice of optometry to include the prevention and diagnosis of disorders and dysfunctions of the visual system, and the treatment and management of certain disorders and dysfunctions of the visual system, as well as the provision of rehabilitative optometric services, as specified. (BPC Section 3041)

3. Requires the Board to adopt regulations that require, as a condition to license renewal, that all licensees submit proof satisfactory to the Board that they have informed themselves of the developments in the practice of optometry occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the Board or by other means deemed equivalent by the Board. (BPC Section 3059)

4. Provides that a license expires at midnight on the last day of the licenseholder's birth month following its original issuance and thereafter at midnight on the last day of the licenseholder's birth month every two years if not renewed. (BPC Section 3146)

5. Authorizes an expired license to be renewed at any time within three years after its expiration, and a retired license issued for less than three years to be reactivated to active status by filing an application for renewal, paying all fees, and submitting proof of completion of the required number of hours of continuing education (CE) for the last two years. (BPC Section 3147)

6. Authorizes the Board to reactivate or restore to active status a license that is not renewed within three years after its expiration, or a retired license issued for more than three years, if specified requirements are met, including the passage of both the National Board of Examiners in Optometry's Clinical Skills examination, or other clinical examination approved by the Board, and the Board's jurisprudence examination. (BPC Section 3147.6)

7. Requires the Board to issue, upon application and payment of prescribed fees, a retired license to an optometrist who holds a current and active license; exempts a retired licensee from CE requirements, and prohibits a retired licensee from practicing optometry. (BPC Section 3151)

8. Requires the Board to issue, upon application and payment of prescribed fees, a license with retired volunteer service designation to an optometrist who holds a retired license or a license that is current and active. (BPC Section 3151.1)

9. Requires an applicant for a license with retired volunteer service designation to certify that he or she has completed the required number of CEs and that the sole purpose of the license is to provide voluntary, unpaid optometric services at health fairs, vision screenings, and public service eye programs. (BPC Section 3151.1(b) (c))

10. Requires the holder of a retired license with volunteer service designation to renew that license biennially, and to certify that he or she has completed the CE requirements and that the sole purpose of the license is to provide voluntary, unpaid optometric services. (BPC Section 3151.1(d))

11. Limits the fee for a retired license, and the biennial renewal fee for a retired license with volunteer designation, to fifty dollars ($50). (BPC Section 3152)

THIS BILL

1. Specifies that the Board may issue a license with retired volunteer service designation to an optometrist who holds a retired license for less than three years.

2. Requires the holder of a retired license issued for more than three years to meet certain requirements, including the passage of both the National Board of Examiners in Optometry's Clinical Skills examination, or other clinical examination approved by the Board, and the Board's jurisprudence examination, in order for the Board to issue, upon application and payment of the prescribed fee, a license with volunteer service designation.

3. Clarifies that a license with retired volunteer service designation expires at midnight on the last day of the licenseholder's birth month every two years if not renewed.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS

1. Purpose. This bill is sponsored by the Board. According to the author, "[This bill] is a consumer protection measure which will ensure that retired optometrists are up to date and current on standard optometric practices. Existing law allows for someone who practiced optometry decades ago to quickly maintain a retired volunteer license simply by signing up and paying a fee. [This bill] will clarify that the Board will only issue a 'retired volunteer license' to an applicant if their regular optometrist license retired within the last three years. If it has been longer than three years, the optometrist would have to reapply to the Board as a new applicant. Consumers hold a reasonable expectation that optometrists at a health fair remain sufficiently educated in standard and current practices and knowledge. [This bill] will follow through on this expectation."

2. Background. Retired and Retired Volunteer Service Licenses. SB 1215 (Emmerson), Chapter 359, Statutes of 2012, recently established both retired licenses and licenses with retired volunteer service designation for optometrists. Prior to these new license categories, licensees who were entering retirement had to choose between keeping an active license, and paying renewal fees, or having their license expire and put on delinquent status before the license was cancelled. In addition, SB 1215 made it easier for retired optometrists to volunteer by creating the volunteer service designation. Regulations implementing the fees for these license categories, set at twenty-five dollars ($25) for retired licenses and fifty dollars ($50) for retired volunteer licenses, became effective on April 1, 2014.
   
   An optometrist with retired volunteer status is able to practice solely for the purpose of volunteering his or her services at health fairs, vision screenings, and public service eye programs. There is no limitation on the scope of services that may be provided. Active retired volunteers are required to certify that they meet CE requirements, and must continue to meet CE requirements as a condition of renewal.
   
   Continuing Education Requirements. BPC Section 3059 requires the Board to adopt CE requirements for licensees, and Section 1536 of Title 16 of the California Code of Regulations outlines those requirements. Licensees are required to complete 40 hours of continuing optometric education course work within two years immediately preceding the license expiration date, while optometrists certified to use therapeutic pharmaceutical agents are required to complete 50 hours of CEs. According to the Board, while a retired licensee will have to certify that they have met these CE requirements, this CE requirement is only applicable to the licensee's last renewal period, because retired licensees are not required to complete CEs. As a result, under existing law, a retired licensee who has not maintained an active license may be eligible for a retired volunteer license at any point in time without completing any additional CEs.
   
   No Time Frame for Retired Volunteer Licenses. The Board notes that because there is no time frame for a retired volunteer license, it may allow a retired licensee who has not practiced for decades and who has not kept up with any CE requirements to convert their license to retired volunteer status and start practicing again, which may pose a risk to consumers. According to the Board, consumers who rely on retired volunteer optometrists rightfully expect that the licensee is up to date on current standards, practices, and education within the optometry field, regardless of whether those services are paid for or not.
   
   Because these license categories are new, there are currently no retired licensees who have been out of practice for more than three years and thus would be ineligible to convert their license to a retired volunteer license. In addition, there is no basis to determine whether allowing licensees who have been on retired status for more than three years provide, or have provided, substandard care to consumers. However, the Board seeks to prevent that possibility by limiting the time period a licensee can be out of practice. In addition, the Board notes that the practice of optometry is subject to great change, especially with regards to scope of practice, which may increase the likelihood that someone who is out of practice for longer than three years might not be able to provide the same level of service, especially when there are no limitations on the scope of services a volunteer can provide.

3. Prior Legislation. SB 1215 (Emmerson), Chapter 359, Statutes of 2012, required the Board to issue a retired license to an optometrist with a current and active license, prohibited the holder of a retired license from engaging in the practice of optometry, and authorized the holder of a retired license to reactive the license if certain conditions were met. The bill also required the board to issue a retired license with a volunteer service designation to an optometrist with a retired or current and active license, and required that applicant to certify completion of specified continuing education hours, and established renewal procedures for that license designation.

ARGUMENTS IN SUPPORT. The California Board of Optometry writes in support, "Existing law allows for the holder of a retired license to convert said license to a retired volunteer service license at any time – even if their retired license is many years old, and have not practiced optometry in several years. Consumers have a reasonable expectation that an optometrist who serves at a public health fair, for example, [is] licensed and up to date on current practices within the field of optometry. AB 1253 will uphold this expectation by establishing time frames and expiration dates for retired volunteer service licenses. This policy aims to increase consumer protection, which is especially critical in the health field, specifically dealing with one's vision and eyesight."

According to the California Optometric Association (COA), "This measure clarifies the pathway for obtaining a 'retired volunteer' license. COA supports giving retired doctors of optometry the ability to provide eye care in a volunteer capacity for those in need."

ARGUMENTS IN OPPOSITION.

None on file.

POLICY ISSUES FOR CONSIDERATIONS. According to the author, the time period for a retired license to convert to a retired volunteer license is limited to three years because that is the established time period for a license to be expired or on retired status before it can be reactivated without having to retake examinations. However, the author may wish to consider whether limiting the time period to three years may have the inadvertent effect of limiting the pool of potential volunteers who are able to provide competent services to those in need. While the author raises a legitimate concern regarding the amount of time someone can be out of practice and still engage in practice, especially in light of the limited CE requirement, the author may wish to consider whether such concerns about keeping up to date with current practices could be mitigated by, for example, an additional CE requirement. As a result, the author may wish to consider increasing the amount of time a retired licensee can convert to a retired volunteer license, without having to retake examinations, and contingent upon the licensee’s completion of the additional CE requirements. This may provide a balanced approach to ensuring that all consumers, regardless of their ability to pay, are provided with competent services, and promote access to care by limiting barriers to volunteers.

SUGGESTED AUTHOR’S AMENDMENTS.

On page 2, line 6, strike "three" and insert "five"

On page 2, line 10, strike "three" and insert "five"

On page 2, line 15, insert the following: "If the applicant has held a retired license for more than three years, the applicant shall complete, and certify on the application that he or she has completed, an additional 50 hours of formal continuing optometric education course work."

REGISTERED SUPPORT / OPPOSITION:

Support

State Board of Optometry (sponsor)

California Optometric Association

Opposition

None on file.

Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301