House of Representatives

HB 2190

board of optometry

Sponsors: Representative Huppenthal

 

X

Committee on Health

 

Caucus and COW

This bill as introduced contains a PROP 108 clause.

 

As Passed the House

 

HB 2190 establishes out-of-state dispensing registration requirements, modifies licensing reciprocity and changes the licensing renewal process for the Board of Optometry.

 

Provisions

·                      Defines “licensee” and redefines “optometrist.”

·                      Expands the definition of practicing optometry to include the use of pharmaceutical agents. 

·                      Clarifies the definition of unprofessional conduct by removing the term “rebates” and expanding the language to include any payment made in exchange for a referral.

·                      Allows the Board to delegate to its executive director, staff and contracted persons the board’s licensing and regulation duties, subject to rules adopted by the Board.

·                      Designates a person performing a duty delegated by the Board as not being held accountable under the chapter.

·                      Clarifies the information that needs to be provided by an applicant to the Board before taking the examination as: proof of graduation, proof of completion of 120 hours of continued education and a written exam passed by the applicant.

·                      Describes conditions under which the Board may waive the written examination for an applicant.

·                      Requires a licensee to renew their license every other year, on or before the licensee’s birthday.  A renewal candidate must complete 32 hours of continuing education programs approved by the Board.

·                      Establishes procedures and fines for reinstating an expired license.

·                      Allows a licensee to prescribe, dispense and administer a topical diagnostic and/or topical therapeutic pharmaceutical agent.

·                      Designates three types of renewal certificates available for the use and non-use of pharmaceutical agents.

·                      Requires a licensee to submit in writing their current residential address, office address and telephone number, as well as any changes, to the Board.

·                      Removes language referring to an informal interview with a licensee to determine if a formal hearing is necessary.

·                      Allows a person to file a motion for an expedited hearing.

·                      Requires the Board to have a written decision ready within 20 days of a hearing.

·                      Explains conditions and procedures for pre-hearing conferences to be held 10 days before a licensee’s formal hearing, upon request.

·                      Requires a licensee to hold all records for at least two years after the last patient examination.  Explains conditions and procedures for moving these records and Board inspection of these records.

·                      Expands methods for dealing with a person who is in violation of the Board.

·                      Designates a person who dispenses soft contacts and is a non-resident who has not registered with the Board, as being guilty of a Class I Misdemeanor.

·                      Allows the Board to seek to enjoin a non-resident distributor in Superior Court for failure to comply with the Board’s requirements.

·                      Makes technical corrections.

·                      Contains a Prop 108 clause.

 

 

 

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44th Legislature                                                                                                                                   

Second Regular Session                                   2                                                        February 5, 2001

 

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