Bill Text: CA SB1386 | 2017-2018 | Regular Session | Amended
Bill Title: Optometry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-10 - Chaptered by Secretary of State. Chapter 334, Statutes of 2018. [SB1386 Detail]
Download: California-2017-SB1386-Amended.html
Amended
IN
Senate
April 19, 2018 |
Amended
IN
Senate
April 12, 2018 |
Amended
IN
Senate
March 22, 2018 |
Senate Bill | No. 1386 |
Introduced by Senator McGuire |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the board to adopt regulations that require, as a condition to the renewal of
an optometrist license, that all holders of licenses 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 continuing education courses satisfactory to the board, as specified.
This bill would require the board to adopt regulations establishing a conflict of interest policy for its continuing education providers on or before January 1, 2021, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3041.4 is added to the Business and Professions Code, to read:3041.4.
(a) A licensee shall provide professional optometric services within a standard of care consistent with industry standards. Professional optometric services include any act described in Section 3041.(a)It is the intent of the Legislature that the public health and safety would be served by requiring all holders of licenses to practice optometry granted under this chapter to continue their education after receiving their licenses. The board shall adopt regulations that require, as a condition to the renewal thereof, that all holders of licenses 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.
(b)The board
may, in accordance with the intent of this section, make exceptions from continuing education requirements for reasons of health, military service, or other good cause.
(c)If for good cause compliance cannot be met for the current year, the board may grant exemption of compliance for that year, provided that a plan of future compliance that includes current requirements as well as makeup of previous requirements is approved by the board.
(d)The board may require that proof of compliance with this section be submitted on an annual or biennial basis as determined by the board.
(e)An optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 shall 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 in any combination of the following areas:
(1)Glaucoma.
(2)Ocular infection.
(3)Ocular inflammation.
(4)Topical steroids.
(5)Systemic medication.
(6)Pain medication.
(f)The board shall encourage every optometrist to take a course or courses in pharmacology
and pharmaceuticals as part of his or her continuing education.
(g)The board shall consider requiring courses in child abuse detection to be taken by those licensees whose practices are such that there is a likelihood of contact with abused or neglected children.
(h)The board shall consider requiring courses in elder abuse detection to be taken by those licensees whose practices are such that there is a likelihood of contact with abused or neglected elder persons.
(i)On or before January 1, 2021, the board shall adopt regulations establishing a conflict of interest policy for continuing education providers in order to avoid approving a provider that has an inappropriate financial interest in optometrical
services.
SEC. 3.SEC. 2.
Section 3070 of the Business and Professions Code is amended to read:3070.
(a) Before engaging in the practice of optometry, each licensed optometrist shall notify the board in writing of the address or addresses where he or she is to engage in the practice of optometry and, also, of any changes in his or her place of practice. After providing the address or addresses and place of practice information to the board, a licensed optometrist shall obtain a statement of licensure from the board to be placed in all practice locations other than an optometrist’s principal place of practice. The practice of optometry is the performing or the controlling of any of the acts set forth in Section 3041.SEC. 3.
Section 3077 of the Business and Professions Code is amended to read:3077.
As used in this section, “office” means any office or other place for the practice of optometry.(b)An optometrist, or two or more optometrists jointly, may have one office without obtaining a branch office license from the board.
(c)On and after October 1, 1959, no
(d)Any optometrist who has, or any two or more optometrists, jointly, who have, a branch office prior to January 1, 1957, and who desire to continue the branch office on or after that date shall notify the board in writing of that desire in a manner prescribed by the board.
(e)On and after January 1, 1957, any optometrist, or any two or more optometrists, jointly, who desire to open a branch office shall notify the board in writing in a manner prescribed by the board.
(f)On and after January 1, 1957, no branch office may be opened or operated without a branch office license. Branch office
licenses shall be valid for the calendar year in or for which they are issued and shall be renewable on January 1 of each year thereafter. Branch office licenses shall be issued or renewed only upon the payment of the fee therefor prescribed by this chapter.
On or after October 1, 1959, no more than one branch office license shall be issued to any optometrist or to any two or more optometrists, jointly.
(g)
(h)The holder or holders of a branch office license shall pay the annual renewal fee therefor in the amount required by this chapter between the first day of January and the first day of February of each year. The failure to pay the fee in advance on or before February 1 of each year during the time it is in force shall ipso facto work the suspension of the branch office license. The license shall not be restored except upon written application and the payment of the penalty prescribed by this chapter, and, in addition, all delinquent branch office fees.
(i)Nothing in this chapter shall limit or authorize the board to limit the
number of branch offices that are in operation on October 1, 1959, and that conform to this chapter, nor prevent an optometrist from acquiring any branch office or offices of his or her parent. The sale after October 1, 1959, of any branch office shall terminate the privilege of operating the branch office, and no new branch office license shall be issued in place of the license issued for the branch office, unless the branch office is the only one operated by the optometrist or by two or more optometrists jointly.
Nothing in this chapter shall prevent an optometrist from owning, maintaining, or operating more than one branch office if he or she is in personal attendance at each of his or her offices 50 percent of the time during which the office is open for the practice of optometry.
(j)
(k)
Nothing in this subdivision shall be construed to exempt an optometrist who is a member of an individual practice association and who practices optometry in more than one physical location, from the requirement of obtaining a branch office license for each of those locations, as required by this section. However, an optometrist shall not be required to obtain a branch office license solely as a result of his or her participation in an
individual practice association in which the members of the individual practice association practice optometry in a number of different locations, and each optometrist is listed as a member of that individual practice association.