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AB-1708 State Board of Optometry.(2017-2018)

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Date Published: 03/02/2017 09:00 PM
AB1708:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1708


Introduced by Committee on Business and Professions (Assembly Members Salas (Chair), Brough (Vice Chair), Arambula, Baker, Bloom, Chiu, Dahle, Gipson, Grayson, Holden, Low, Mullin, Steinorth, and Ting)

March 02, 2017


An act to amend Sections 3006, 3010.5, and 3014.6 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1708, as introduced, Committee on Business and Professions. State Board of Optometry.
Existing law, the Optometry Practice Act, until January 1, 2018, establishes the State Board of Optometry. Under existing law, the State Board of Optometry is responsible for the licensure and regulation of the practice of optometry, registered dispensing opticians, spectacle lens dispensers, and contact lens dispensers. Existing law, until January 1, 2018, authorizes the State Board of Optometry to appoint an executive officer to perform duties delegated by the board.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2022.
Existing law defines the term “advertise” for purposes of the Optometry Practice Act. Existing law, among other things, makes it unlawful to advertise or hold himself or herself out as an optometrist without having first obtained a license and prohibits an optometrist from advertising or otherwise holding himself or herself out to be a specialist in eye disease and treatment. A violation of the Optometry Practice Act is a crime.
This bill would redefine the term “advertise” to also include the use of the Internet. By changing the definition 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3006 of the Business and Professions Code is amended to read:

3006.
 As used in this chapter, the term “advertise” and any of its variants include the use of a newspaper, magazine, the Internet, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of optometry or the prescribing, fitting, or sale, in connection therewith, of lenses, frames, or other accessories or appurtenances.

SEC. 2.

 Section 3010.5 of the Business and Professions Code is amended to read:

3010.5.
 (a) There is in the Department of Consumer Affairs a State Board of Optometry in which the enforcement of this chapter is vested. The board consists of 11 members, five of whom shall be public members and one of the nonpublic members shall be an individual registered as a dispensing optician, spectacle lens dispenser, or contact lens dispenser. The registered dispensing member shall be registered pursuant to Chapter 5.5 (commencing with Section 2550) and in good standing with the board.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations, inquiries, and disciplinary actions and proceedings, have the authority previously vested in the board as created pursuant to former Section 3010. The board may enforce any disciplinary actions undertaken by that board.
(c) This section shall remain in effect only until January 1, 2018, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(d) The amendments to this section by the act adding this subdivision shall apply to appointments made on or after January 1, 2016.

SEC. 3.

 Section 3014.6 of the Business and Professions Code is amended to read:

3014.6.
 (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
(b) This section shall remain in effect only until January 1, 2018, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. repealed.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.