ARIZONA STATE SENATE
Phoenix, Arizona
board of optometry
Purpose
Makes
numerous changes to the statutes governing the Arizona Board of Optometry
(Board) relating to the prehearing conferences, informal settlement
conferences, complaint adjudication process, delegation of Board duties,
certificates to use pharmaceutical agents, licensure renewals, licensure by
endorsement, continuing education requirements and fees.
Background
H.B.
2190 attempts to update and clean up statutes governing the Board. Currently, the Board is authorized to issue
a certificate of special qualification to a licensee to use topical diagnostic
or topical therapeutic pharmaceutical agents, or both, as long as the licensee
meets specified education requirements.
H.B. 2190 phases out the use of these certificates by allowing licensees
who are licensed as of the effective date of this act or who have passed an
oral pharmaceutical agent examination prior to the effective date of this act
to prescribe, dispense and administer authorized pharmaceutical agents. The bill allows current certificate holders
to renew their certificates for the use of pharmaceutical agents. For renewed certificates, the Board may
specify one of the following options: the use of no drugs; the use of topical
diagnostic agents; or the use of topical diagnostic and therapeutic
agents. In addition, the bill allows
the Board to issue a certificate to practice without the use of pharmaceutical
agents to a licensee who held a license as of July 1, 2000.
This
legislation also attempts to streamline the existing complaint adjudication
process by establishing a process for prehearing conferences to allow the Board
and a licensee to consider and address certain issues prior to a formal
administrative hearing. At a prehearing
conference, the parties may limit procedural, legal or factual issues; consider
amendments to any pleading; exchange witness lists; obtain stipulations or
rulings regarding testimony, exhibits, facts or laws; schedule deadlines,
hearing dates and locations; and allow parties to discuss a settlement. In addition, the bill authorizes the Board
to issue an order to regulate the conduct of the formal administrative hearing
and to limit the issues raised in the pleadings.
In
addition to establishing the process for prehearing conferences, H.B. 2190
provides further direction to the Board and licensees regarding informal
settlement conferences. Currently, the
Board and a licensee can settle a disciplinary action in an informal settlement
conference before or after the initiation of a formal administrative
hearing. H.B. 2190 provides additional
guidance to the Board and licensees regarding each party’s responsibilities for
informal settlement conferences.
According
to the Board, it may experience some costs associated with the change to the
biennial license renewal dates, however, the Board believes these costs can be
assumed within its existing budget.
Provisions
1. Authorizes the Board to delegate licensing and regulatory functions to the Executive Director, Board staff and other contracted persons if the Board adopts substantive policy statements for each specific delegation.
2. Requires the Board to adopt rules for the delegation of a licensee’s duties to unlicensed individuals commensurate with the education and training of the unlicensed individual. Requires these rules to limit the unlicensed individual from diagnosing or modifying an established treatment program.
3. Specifies unlicensed individuals performing delegated duties are not subject to the laws regulating optometrists.
4. Phases out the use of certificates of special qualification to use pharmaceutical agents by allowing licensees who are licensed as of the effective date of this act or who have passed an oral pharmaceutical agent examination prior to the effective date of this act to prescribe, dispense and administer authorized pharmaceutical agents.
5. Allows renewed certificates for the use of pharmaceutical agents to specify the use of no drugs, the use of topical diagnostic agents or the use of topical diagnostic and therapeutic agents.
6. Allows the Board to issue a certificate to practice without the use of pharmaceutical agents to a licensee who held a license as of July 1, 2000.
7. Allows a course of study required of applicants for licensure to meet the contemporary educational requirements at colleges of optometry. (Currently, the course of study must total at least 120 hours.)
8. Eliminates the requirement of an applicant for licensure by endorsement to intend to reside and practice in Arizona, and the requirement of the applicant to open a permanent office within 180 days from the date a license is issued.
9. Requires an applicant for licensure by endorsement to be verified by the national practitioner data bank.
10. Changes, to an authority, the requirement of the Board to give applicants for licensure a practical examination on subjects taught in colleges of optometry and on Arizona optometric jurisprudence.
11. Requires an applicant for licensure by endorsement to offer proof of passing an examination in the treatment and management of ocular disease.
12. Requires each licensee to notify the Board, within ten days, of the licensee’s residence, office and telephone number and each change of that information.
13. Specifies failure to maintain or submit records as required constitutes grounds for disciplinary action.
14. Eliminates the informal interview process.
15. Changes, to an authority, the requirement of the Board to require mental and physical examinations during the investigation process.
16. Allows a person to file a motion for an expedited hearing.
17. Eliminates the process for serving summons and subpoenas in civil cases.
18. Requires the Board to serve notices and decisions to each party of an action by any reasonable method.
19. Requires, within 20 days after a hearing, the Board to issue a written decision, including an explanation of the reasons supporting the decision.
20. Requires, on request, the Board to send a copy of the record of the hearing to the licensee.
21. Establishes a process for prehearing conferences for purposes related to a formal administrative hearing, including limiting procedural, legal or factual issues; considering amendments to any pleading; obtaining stipulations or rulings regarding testimony, exhibits, facts or laws; and allowing parties to discuss a settlement.
22. Allows the Board to issue an order to regulate the conduct of the formal administrative hearing and limit the issues raised in the pleadings.
23. Requires the Board to hold an informal settlement conference within 15 days of a written request.
24. Specifies the request does not toll the 60 day period in which the formal hearing must be held.
25. Allows only a person with the authority to act on behalf of the Board to represent the Board at the informal settlement conference.
26. Requires the Board representative to notify the appellant that any statements made by the appellant at the informal settlement conference are inadmissible in any subsequent hearing.
27. Specifies parties in the informal settlement conference waive their right to object to the participation of the Board representative in the final decision.
28. Requires licensees to allow the Board to inspect patient records during business hours.
29. Requires, before moving the location of records, a licensee to file a statement with the Board of the new address of the records.
30. Allows the Board to issue a cease and desist order to a person who is engaged in an act or practice that violates statutes or rules governing the practice of optometry.
31. Requires the Board to conduct a hearing within 30 days of issuing the cease and desist order to determine whether the order should be continued or eliminated.
32. Requires, in an injunction proceeding, the superior court to issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the Board to post a bond.
33. Allows a service of process to be on the defendant in any county of this state where the defendant is found.
34. Changes, to a requirement, the authority of the Board to adopt rules relating to continuing education programs.
35. Codifies the number of continuing education hours required for licensure renewal.
36. Shifts, beginning on September 1, 2001, the biennial license renewal date from August 31 to the licensee’s birthday. Requires a licensee who does not renew a license to pay the existing late fee within 30 days of the licensee’s birthday.
37. Eliminates language that specifies fees are not refundable.
38. Replaces, under the definition of “unprofessional conduct”, the practice of giving or receiving rebates with the practice of charging a fee for services not rendered or dividing a professional fee for patient referrals.
39. Changes the definition of “optometrist” from a person holding a license to practice in this state to a person who has graduated from an accredited college of optometry.
40. Contains numerous clarifying, conforming and technical changes.
41. Contains a Proposition 108 clause.
42. Provides for a general effective date.
House Action
HEA 2/12/01 DPA 6-1-2-1
3rd Read 2/27/01 57-3-0-0
Prepared by Senate Staff
March 30, 2001