Amended in Senate June 30, 2015

Amended in Assembly May 11, 2015

Amended in Assembly April 30, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 684


Introduced by Assembly Members Alejo and Bonilla

February 25, 2015


An act tobegin insert amend Section 3137 of, and toend insert add and repeal Sections 655.1 and 2556.1begin delete ofend deletebegin insert of,end insert the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 684, as amended, Alejo. Healing arts: licensees: disciplinary actions.

Existing law prohibits a licensed optometrist and a registered dispensing optician from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly, with each other. Existing law prohibits a licensed optometrist from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly, either by stock ownership, interlocking directors, trusteeship, mortgage, trust deed, or otherwise with any person who is engaged in the manufacture, sale, or distribution to physicians and surgeons, optometrists, or dispensing opticians of lenses, frames, optical supplies, optometric appliances or devices or kindred products. Existing law makes a violation of these provisions by a licensed optometrist and any other persons, whether or not a healing arts licensee, who participates with a licensed optometrist subject to a crime.

Under existing law, the Medical Board of California is responsible for the registration and regulation of dispensing opticians. Existing law makes the State Board of Optometry responsible for the licensure of optometrists.

This bill, until January 1, 2017, wouldbegin delete prohibit a registered dispensing optician or optometristend deletebegin insert exempt a licensed optometrist or an individual, corporation, or firm operating as a registered dispensing optician licensed or registered before the effective date of the bill, or an employee of such an entity,end insert from being subject tobegin delete disciplineend deletebegin insert any actionend insert by the Medical Board of California, the State Board of Optometry,begin delete or otherend deletebegin insert anotherend insert statebegin delete agencyend deletebegin insert agency, or a district attorneyend insert with enforcement authority for engaging in any of the aforementioned business relationships.begin insert The bill, with respect to an action subject to the exemption, would toll, for the effective period of the exemption, specific limitation periods imposed on the filing of accusations.end insert

Existing law makes it unlawful to, among other things, advertise the furnishing of, or to furnish, the services of a refractionist, an optometrist, or a physician and surgeon, or to directly or indirectly employ or maintain on or near the premises used for optical dispensing, a refractionist, an optometrist, a physician and surgeon, or a practitioner of any other profession for the purpose of any examination or treatment of the eyes.

This bill, until January 1, 2017, would prohibitbegin delete aend deletebegin insert an individual, corporation, or firm operating as aend insert registered dispensing opticianbegin insert before the effective date of the bill, or an employee of such an entity,end insert from being subject tobegin delete disciplineend deletebegin insert any actionend insert for engaging in that aforementioned conduct.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 655.1 is added to the Business and
2Professions Code
, to read:

P3    1

655.1.  

(a) Notwithstanding any other law, nobegin insert individual,
2corporation, or firm operating as a registeredend insert
dispensing optician
3begin delete registeredend delete pursuant to Chapter 5.5 (commencing with Section
42550)begin insert before the effective date of this section, or an employee of
5such an entity,end insert
orbegin insert anend insert optometrist licensed pursuant to Chapter 7
6(commencing with Section 3000)begin insert before the effective date of this
7section,end insert
shall be subject tobegin delete disciplineend deletebegin insert any actionend insert by the Medical
8Board of California, the State Board of Optometry,begin delete or otherend deletebegin insert anotherend insert
9 statebegin delete agencyend deletebegin insert agency, or a district attorney,end insert with enforcement
10authority for engaging in any business relationship prohibited by
11Section 655.

12(b) Nothing in this section shall be construed to imply or suggest
13that a registered dispensing optician or optometrist engaging in
14any business relationship is in violation of or in compliance with
15the law.

begin insert

16(c) This section shall not apply to any business relationships
17prohibited by Section 655 registered and operating on or after the
18effective date of this section.

end insert
begin insert

19(d) Nothing in this section shall prohibit an individual,
20corporation, or firm operating as a registered dispensing optician
21from engaging in a business relationship with an optometrist
22licensed pursuant to Chapter 7 (commencing with Section 3000)
23before the effective date of this section at locations registered with
24the Medical Board of California before the effective date of this
25section.

end insert
begin delete

3 26(c)

end delete

27begin insert(e)end insert This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2017, deletes or extends that date.

30

SEC. 2.  

Section 2556.1 is added to the Business and Professions
31Code
, to read:

32

2556.1.  

(a) Notwithstanding any other law,begin delete a person registeredend delete
33begin insert any individual, corporation, or firm operating as a registered
34dispensing opticianend insert
under this chapterbegin insert before the effective date of
35this section, or an employee of such an entity,end insert
shall not be subject
36tobegin delete disciplineend deletebegin insert any actionend insert for engaging in conduct prohibited by
37Section 2556, except that a registrant shall be subject to discipline
38for duplicating or changing lenses without a prescription or order
39from a person duly licensed to issue the same.

P4    1(b) Nothing in this section shall be construed to imply or suggest
2that a person registered under this chapter is in violation of or in
3compliance with the law.

begin insert

4(c) This section shall not apply to any business relationships
5prohibited by Section 2556 registered and operating on or after
6the effective date of this section.

end insert
begin insert

7(d) Nothing in this section shall prohibit an individual,
8corporation, or firm operating as a registered dispensing optician
9from engaging in a business relationship with an optometrist
10licensed pursuant to Chapter 7 (commencing with Section 3000)
11before the effective date of this section at locations registered with
12the Medical Board of California before the effective date of this
13section.

end insert
begin delete

17 14(c)

end delete

15begin insert(e)end insert This section shall remain in effect only until January 1, 2017,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2017, deletes or extends that date.

18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 3137 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19amended to read:end insert

20

3137.  

(a) Except as otherwise provided in this section, any
21accusation filed against a licensee pursuant to Section 11503 of
22the Government Code for the violation of any provision of this
23chapter shall be filed within three years after the board discovers
24the act or omission alleged as the ground for disciplinary action,
25or within seven years after the act or omission alleged as the ground
26for disciplinary action occurs, whichever occurs first.

27(b) An accusation filed against a licensee pursuant to Section
2811503 of the Government Code alleging fraud or willful
29misrepresentation is not subject to the limitation in subdivision
30(a).

31(c) An accusation filed against a licensee pursuant to Section
3211503 of the Government Code alleging unprofessional conduct
33based on incompetence, gross negligence, or repeated negligent
34acts of the licensee is not subject to the limitation in subdivision
35(a) upon proof that the licensee intentionally concealed from
36discovery his or her incompetence, gross negligence, or repeated
37negligent acts.

38(d) If an alleged act or omission involves any conduct described
39in Section 726 committed on a minor, the 10-year limitations period
P5    1in subdivision (e) shall be tolled until the minor reaches the age
2of majority.

3(e) An accusation filed against a licensee pursuant to Section
411503 of the Government Code alleging conduct described in
5Section 726 shall be filed within three years after the board
6discovers the act or omission alleged as the ground for disciplinary
7action, or within 10 years after the act or omission alleged as the
8ground for disciplinary action occurs, whichever occurs first. This
9subdivision shall apply to a complaint alleging conduct received
10by the board on and after January 1, 2006.

11(f) In any allegation, accusation, or proceeding described in this
12section, the limitations period in subdivision (a) shall be tolled for
13the period during which material evidence necessary for
14prosecuting or determining whether a disciplinary action would
15be appropriate is unavailable to the board due to an ongoing
16criminal investigation.

begin insert

17(g) In any allegation, accusation, or proceeding described in
18this section regarding a violation of Section 655 and subject to
19Section 655.1, the limitations period in subdivision (a) shall be
20tolled during the effective period of Section 655.1.

end insert
21

begin deleteSEC. 3.end delete
22begin insertSEC. 4.end insert  

This act is an urgency statute necessary for the
23immediate preservation of the public peace, health, or safety within
24the meaning of Article IV of the Constitution and shall go into
25immediate effect. The facts constituting the necessity are:

26In order to protect various businesses, opticians, and optometrists
27who engage in a business relationship that is prohibited by Section
28655 or 2556 of the Business and Professions Code from discipline
29by the Medical Board of California, the State Board of Optometry,
30or other state agency with enforcement authority while the
31Legislature, with the assistance of appropriate regulatory agencies,
32develops a model that will allow California businesses to provide
33services to patients and also protect the interests of practitioners,
34it is necessary that this act take effect immediately.



O

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