Optometry: assistants and scope of practice.
Summary
Existing law prohibits any person, other than a physician and surgeon or optometrist, from measuring the powers or range of human vision or determining the accommodative and refractive status of the human eye or the scope of its functions in general or prescribing ophthalmic devices. Existing law provides that an assistant in any setting where optometry or ophthalmology is practiced who is acting under the direct responsibility and supervision of an ophthalmologist or optometrist may, among other things, perform tonometry and perform nonsubjective auto refraction in connection with subjective refraction procedures performed by an ophthalmologist or optometrist. This bill would permit such an assistant to perform nonsubjective auto refraction, to perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to certain conditions, and to perform A scan and B scan ultrasound testing. Existing law, the Optometry Practice Act, establishes the California State Board of Optometry in the Department of Consumer Affairs for the licensure and regulation of the practice of optometry. Existing law provides that the practice of optometry includes various functions relating to 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 doing certain things, including, but not limited to, the examination of the human eye or eyes. Existing law further authorizes an optometrist who is certified to use therapeutic pharmaceutical agents, as specified, to diagnose and treat certain conditions including, among others, hypotrichosis and blepharitis. Existing law sets forth requirements for a certified optometrist to become certified in the administration of immunizations, as defined. Existing law specifies that a violation of the act is a misdemeanor punishable by fine or imprisonment, as provided. This bill would revise what comprises the practice of optometry, including specific practices a certified optometrist may engage in, and would specify exceptions or limitations to that practice. The bill would permit a certified optometrist to use or prescribe topical and oral prescription and nonprescription therapeutic pharmaceutical agents that are not controlled substances and are not antiglaucoma agents or otherwise limited or excluded, as described. The bill would permit a certified optometrist to administer authorized immunizations after meeting the immunization certification requirements. By changing the scope of a crime, the 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. This bill would incorporate additional changes to Section 2544 of the Business and Professions Code proposed by AB 1534 to be operative only if this bill and AB 1534 are enacted and this bill is enacted last. This bill would, contingent upon the enactment of AB 691, make additional changes to Section 3041 of the Business and Professions Code relating to the diagnostic use of certain laboratory tests or examinations for detecting the presence of the SARS-CoV-2 virus and to immunization certification, to be operative only if this bill and AB 691 are enacted.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Sep 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 3, 2021
Signed Oct 8, 2021
Floor votes · Senate Sep 8, 2021 · Assembly May 13, 2021
How they voted
35–0
Passed · 2 other
Total votes 37
Sep 8, 2021
D
Democratic29
93% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
11
Committee
10
Amendments
5
Oct 8, 2021
Signed into law
Approved by the Governor.
legislature
Sep 10, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3117.).
lower
Sep 10, 2021
Lower · Passed
From committee: That the Senate amendments be concurred in. (Ayes 18. Noes 0.) (September 10).
lower
Sep 9, 2021
Committee
Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.
lower
Sep 8, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2536.).
upper
Sep 3, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 16, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jul 14, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 14). Re-referred to Com. on APPR.
upper
Jul 7, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
upper
May 27, 2021
Committee
Referred to Com. on B., P. & E.D.
upper
May 13, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1407.)
lower
May 5, 2021
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 5).
lower
Apr 28, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 27). Re-referred to Com. on APPR.
lower
Apr 21, 2021
Committee
Re-referred to Com. on B. & P.
lower
Apr 20, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
lower
Feb 12, 2021
Committee
Referred to Com. on B. & P.
lower
Feb 4, 2021
Lower · Passed
From printer. May be heard in committee March 6.
lower
1 primary · 1 co-sponsor
Sponsors
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