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


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-Chaptered.html
BILL NUMBER: AB 1359	CHAPTERED
	BILL TEXT

	CHAPTER  443
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2015
	APPROVED BY GOVERNOR  OCTOBER 2, 2015
	PASSED THE SENATE  AUGUST 20, 2015
	PASSED THE ASSEMBLY  AUGUST 24, 2015
	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, 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 ophthalmology in good standing, and would require
such an applicant to complete a minimum of 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 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.


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) 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 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 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 granted
a therapeutic pharmaceutical 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 therapeutic pharmaceutical 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 therapeutic pharmaceutical 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.                                           
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