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AB-458 Optometrists: home residence permit.(2019-2020)

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Date Published: 06/25/2019 09:00 PM
AB458:v93#DOCUMENT

Amended  IN  Senate  June 25, 2019
Amended  IN  Senate  June 06, 2019
Amended  IN  Senate  May 22, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  April 03, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 458


Introduced by Assembly Member Nazarian

February 11, 2019


An act to amend Sections 3070.1 and 3152 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 458, as amended, Nazarian. Optometrists: home residence permit.
Existing law, the Optometry Practice Act, provides for the licensure and regulation of the practice of optometry by the State Board of Optometry and makes a violation of the act a misdemeanor. Existing law authorizes an optometrist to practice optometry at a health facility or residential care facility, subject to specified conditions, including that the optometrist maintain and disclose patient records in a specified manner. Existing law requires an optometrist to be certified to use therapeutic pharmaceutical agents in order to diagnose and treat specified conditions.
This bill would prohibit an optometrist from engaging in the practice of optometry at any home residence without a home residence permit, except for a person engaging in the temporary practice of optometry. The bill would authorize an optometrist who is certified as a therapeutic pharmaceutical agent to obtain a home residence permit by submitting an application to the board and paying applicable fees, and would establish a process for the issuance and renewal of home residence permits, including prescribing application, renewal, and delinquency fees.
The bill would require an optometrist engaging in the practice of optometry at any health facility or residential care facility, or home residence to provide each patient with a consumer notice, as specified, approved by the board. The bill would require a certified home residence optometrist, before engaging in the practice of optometry at a home residence, to provide the patient with a consumer notice that includes, among other things, an authorization to release the patient’s medical information related to the optometrist’s provision of optometry services to the board for specified purposes, including investigating complaints and conducting the board’s enforcement duties.
By expanding 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3070.1 of the Business and Professions Code is amended to read:

3070.1.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Health facility” means a health facility, as defined in Section 1250 of the Health and Safety Code, exclusive of a hospital defined in subdivision (a) or (b) of that section.
(2) “Residential care facility” means a residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code, licensed by the State Department of Social Services, including, but not limited to, the following:
(A) Adult residential facilities.
(B) Adult residential facilities for persons with special health care needs.
(C) Residential care facilities for the chronically ill.
(D) Residential care facilities for the elderly.
(E) Continuing care retirement communities.
(F) Social rehabilitation facilities.
(3) “Home residence” means the primary residence of an individual who is restricted by a disabling physical or mental condition. “Home residence” does not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code, but does include an individual condominium unit, apartment, single-family home, cooperative unit, mobilehome, or trailer, if it is used as a residence.
(b) (1) An optometrist who is certified as a therapeutic pharmaceutical agent pursuant to Section 3041.3 may, in the form and manner prescribed by the board, submit an application to the board for a home residence permit, and pay all applicable fees prescribed in Section 3152. The board shall, upon application and payment of the fee prescribed in Section 3152, issue a home residence permit to an optometrist certified as a therapeutic pharmaceutical agent pursuant to Section 3041.3. A home residence permit authorizes the holder to engage in the practice of optometry at a home residence as specified in this section.
(2) A home residence permit shall expire on the same date the licensee’s optometry license expires. A home residence optometrist may renew the permit by submitting an application, in the form and manner prescribed by the board, to the board for renewal, and paying any applicable fees prescribed in Section 3152.
(3) A person engaging in the temporary practice of optometry, as defined in subdivision (b) of Section 3070, is not required to obtain a home residence permit in order to engage in the temporary practice of optometry at a home residence.
(c) An optometrist may engage in the practice of optometry at any health facility or residential care facility, and in a home residence, if all of the following requirements are satisfied:
(1) The optometrist maintains a primary business office, separate from the health facility, residential care facility, or home residence, that meets all of the following requirements:
(A) Is open to the public during normal business hours by telephone and for purposes of billing services or access to patient records.
(B) Is licensed to the optometrist or the employer of the optometrist as a local business with the city or county in which it is located.
(C) Is registered by the optometrist with the Board of Optometry.
(D) Is owned or leased by the optometrist or by the employer of the optometrist.
(E) Is not located in or connected with a residential dwelling.
(2) The optometrist maintains or discloses patient records in the following manner:
(A) Records are maintained and made available to the patient in such a way that the type and extent of services provided to the patient are conspicuously disclosed. The disclosure of records shall be made at or near the time services are rendered and shall be maintained at the primary business office specified in paragraph (1).
(B) The optometrist complies with all federal and state laws and regulations regarding the maintenance and protection of medical records, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(C) Pursuant to Section 3007, the optometrist keeps all necessary records for a minimum of seven years from the date of service in order to disclose fully the extent of services furnished to a patient. Any information included on a printed copy of an original document to a patient shall be certified by the optometrist as being true, accurate, and complete.
(D) If a prescription is issued to a patient, records shall be maintained for each prescription as part of the patient’s chart, including all of the following information about the optometrist:
(i) Name.
(ii) Optometrist license number.
(iii) The place of practice and the primary business office.
(iv) Description of the goods and services for which the patient is charged and the amount charged.
(E) A copy of any referral or order requesting optometric services for a patient from the health facility’s or residential care facility’s administrator, director of social services, the attending physician and surgeon, the patient, or a family member shall be kept in the patient’s medical record.
(3) The optometrist possesses and appropriately uses the instruments and equipment required for all optometric services and procedures performed within the health facility, residential care facility, or home residence.
(4) The optometrist provides each patient and, if applicable, the patient’s caregiver, a consumer notice approved by the board that includes the following:
(A) The name, license number, primary telephone number, and primary business address of the optometrist.
(B) Information for filing a complaint with the board.
(d) An optometrist who satisfies all of the requirements in this section for the practice of optometry at a health facility, residential care facility, or home residence shall not be required to comply with Section 3070 with regard to providing notification to the board of each health facility, residential care facility, or home residence at which the optometrist practices.
(e) (1) Before engaging in the practice of optometry at a home residence, an optometrist shall provide each patient and, if applicable, the patient’s caregiver, a consumer notice approved by the board that includes the following:
(A) An authorization to release the patient’s medical information related to the optometrist’s provision of optometry services to the board. The authorization shall disclose that the patient’s authorization to release medical information to the board is voluntary and that the medical information shall be used by the board only to investigate complaints and to conduct the board’s enforcement duties under the act.
(B) Any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, and other violations of the act.
(2) The optometrist shall maintain a copy of the signed consumer notice described in paragraph (1) in the patient’s file.
(f) The board may promulgate regulations to conduct quality assurance reviews for optometrists engaging in the practice of optometry at a home residence.

SEC. 2.

 Section 3152 of the Business and Professions Code is amended to read:

3152.
 The amounts of fees and penalties prescribed by this chapter shall be established by the board in amounts not greater than those specified in the following schedule:
(a) The fee for applicants applying for a license shall not exceed two hundred seventy-five dollars ($275).
(b) The fee for renewal of an optometric license shall not exceed five hundred dollars ($500).
(c) The annual fee for the renewal of a branch office license shall not exceed seventy-five dollars ($75).
(d) The fee for a branch office license shall not exceed seventy-five dollars ($75).
(e) The penalty for failure to pay the annual fee for renewal of a branch office license shall not exceed twenty-five dollars ($25).
(f) The fee for issuance of a license or upon change of name authorized by law of a person holding a license under this chapter shall not exceed twenty-five dollars ($25).
(g) The delinquency fee for renewal of an optometric license shall not exceed fifty dollars ($50).
(h) The application fee for a certificate to perform lacrimal irrigation and dilation shall not exceed fifty dollars ($50).
(i) The application fee for a certificate to treat glaucoma shall not exceed fifty dollars ($50).
(j) The fee for approval of a continuing education course shall not exceed one hundred dollars ($100).
(k) The fee for issuance of a statement of licensure shall not exceed forty dollars ($40).
(l) The fee for biennial renewal of a statement of licensure shall not exceed forty dollars ($40).
(m) The delinquency fee for renewal of a statement of licensure shall not exceed twenty dollars ($20).
(n) The application fee for a fictitious name permit shall not exceed fifty dollars ($50).
(o) The renewal fee for a fictitious name permit shall not exceed fifty dollars ($50).
(p) The delinquency fee for renewal of a fictitious name permit shall not exceed twenty-five dollars ($25).
(q) The fee for a retired license shall not exceed twenty-five dollars ($25).
(r) The fee for a retired license with volunteer designation shall not exceed fifty dollars ($50).
(s) The biennial renewal fee for a retired license with volunteer designation shall not exceed fifty dollars ($50).
(t) The application fee for a certificate to administer immunizations shall not exceed fifty dollars ($50).
(u) The application fee for a home residence permit shall not exceed is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100).
(v) The renewal fee for a home residence permit shall not exceed is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100).
(w) The delinquency fee for a home residence permit shall not exceed is twenty-five dollars ($25). The board may increase the fee to not more than one hundred dollars ($100).

SEC. 3.

 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.