Bill Text: CA AB1359 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Optometry: therapeutic pharmaceutical agents certification: requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 443, Statutes of 2015. [AB1359 Detail]

Download: California-2015-AB1359-Amended.html

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BILL NUMBER: AB 1359	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 27, 2015

   An act to amend Section 3041.3 of the Business and Professions
Code, relating to optometry.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1359, as amended, Nazarian. Optometry: therapeutic
pharmaceutical agents certification: requirements.
   (1) The Optometry Practice Act provides for the licensure and
regulation of optometrists by the State Board of Optometry. The act
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, and authorizes optometrists to engage in
specified acts if certain requirements are met, including, the use of
therapeutic pharmaceutical agents. The act authorizes the board to
grant a certificate to use therapeutic pharmaceutical agents to an
applicant who graduated from a California accredited school of
optometry, prior to January 1, 1996, and is licensed as an
optometrist in the state if certain requirements are met, including,
but not limited to, completing a didactic course of at least 80
classroom hours in the diagnosis, pharmacological, and other
treatment and management of ocular disease, as specified.
   This bill would change all references to a certificate to use
therapeutic pharmaceutical agents to  instead  refer to a
therapeutic pharmaceutical agents (TPA) certification. The bill would
delete certain requirements for an applicant for a therapeutic
pharmaceutical agents certification who graduated from a California
accredited school of optometry, prior to January 1, 1996, and is
licensed as an optometrist in the state, including, but not limited
to, completing a didactic course of at least 80 classroom hours, as
specified. The bill would require such an applicant to complete a
preceptorship of at least 65 hours, as specified, with either a
TPA-certified optometrist in good standing or a physician and surgeon
board-certified in  opthalmology  
ophthalmology  in good standing, and would require such an
applicant to complete a minimum of  80   100
 hours of directed and accredited education in ocular and
systemic diseases, as specified. The bill would require a preceptor
to certify completion of the preceptorship on a form approved by the
board.
   (2) The act exempts an optometrist who graduated from an
accredited school of optometry on or after January 1, 1992, and
before January 1, 1996, from meeting specified requirements for the
issuance of a certificate to use therapeutic pharmaceutical agents,
including the didactic course of at least 80 classroom hours.
   This bill would delete those exemptions for an optometrist who
graduated from an accredited school of optometry on or after January
1, 1992, and before January 1, 1996, and instead require such an
applicant to meet the requirements for the issuance of a therapeutic
pharmaceutical agents certification that apply to an applicant who
graduated from a California accredited school of optometry, prior to
January 1, 1996, as specified.
   (3) The act also authorizes the board to grant a certificate to
use therapeutic pharmaceutical agents to an applicant who graduated
from a California accredited school of optometry, on or after January
1, 1996, and is licensed as an optometrist in the state if certain
requirements are met, including, but not limited to, completing 10
hours of experience with a board certified opthalmologist.
  ophthalmologist. 
    This bill would delete certain requirements for an applicant for
a therapeutic pharmaceutical agents certification who graduated from
a California accredited school of optometry, on or after January 1,
1996, and is licensed as an optometrist in the state, and would
instead require such an applicant to pass all sections of the
National Board of Examiners in Optometry's national board examination
or its equivalent, as determined by the board, in order to be
granted a therapeutic pharmaceutical agents certification.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3041.3 of the Business and Professions Code is
amended to read:
   3041.3.  (a) In order to be certified to use therapeutic
pharmaceutical agents and authorized to diagnose and treat the
conditions listed in subdivisions  (b), (d),  
(b)  and (e) of Section 3041, an optometrist shall apply for a
certificate from the board and meet all requirements imposed by the
board.
   (b) The board shall grant a therapeutic pharmaceutical agents
(TPA) certification to any applicant who graduated from a California
accredited school of optometry prior to January 1, 1996, is licensed
as an optometrist in California, and meets all of the following
requirements:
   (1) Completes a preceptorship of no less than 65 hours, during a
period of not less than two months nor more than one year, with
either a TPA-certified optometrist in good standing or a physician
and surgeon board-certified in  opthalmology  
ophthalmology  in good standing. The training received during
the preceptorship shall be on the diagnosis, treatment, and
management of ocular and systemic disease. The preceptor shall
certify completion of the preceptorship using a form approved by the
board. The individual serving as the preceptor shall schedule no more
than three optometrist applicants for each of the required 65 hours
of the preceptorship program. This paragraph shall not be construed
to limit the total number of optometrist applicants for whom an
individual may serve as a preceptor, and is intended only to ensure
the quality of the preceptorship by requiring that the preceptor
schedule the training so that each applicant optometrist completes
each of the 65 hours of the preceptorship while scheduled with no
more than two other optometrist applicants.
   (2) Successfully completes a minimum of  80  
100  hours of directed and accredited education in ocular and
systemic diseases within two years prior to meeting the requirements
of paragraph (1).
   (3) Passes the National Board of Examiners in Optometry's
"Treatment and Management of Ocular Disease" examination or, in the
event this examination is no longer offered, its equivalent, as
determined by the State Board of Optometry.
   (c) The board shall grant a therapeutic pharmaceutical agents
certification to any applicant who graduated from a California
accredited school of optometry on or after January 1, 1996, who is
licensed as an optometrist in California, and who passes all sections
of the National Board of Examiners in Optometry's national board
examination or its equivalent, as determined by the State Board of
Optometry.
   (d) The board shall grant a therapeutic pharmaceutical agents
certification to any applicant who is an optometrist who obtained his
or her license outside of California if he or she meets all of the
requirements for an optometrist licensed in California to be 
certified to use   granted a  therapeutic
pharmaceutical  agents.   agents  
certification. 
   (1) In order to obtain a therapeutic pharmaceutical agents
certification, any optometrist who obtained his or her license
outside of California and graduated from an accredited school of
optometry prior to January 1, 1996, shall be required to fulfill the
requirements set forth in subdivision (b). In order for the applicant
to be eligible for  the certificate to use 
therapeutic pharmaceutical  agents,   agents
certification,  the education he or she received at the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry in
California for persons who graduate before January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (b) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
   (2) In order to obtain a therapeutic pharmaceutical agents
certification, any optometrist who obtained his or her license
outside of California and who graduated from an accredited school of
optometry on or after January 1, 1996, shall be required to fulfill
the requirements set forth in subdivision (c). In order for the
applicant to be eligible for  the certificate to use
 therapeutic pharmaceutical  agents,  
agents certification,  the education he or she received by the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry for
persons who graduate on or after January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (c) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
   (3) The State Board of Optometry shall decide all issues relating
to the equivalency of an optometrist's education or training under
this subdivision.