BILL ANALYSIS Ó AB 684 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 684 (Alejo) - As Amended May 11, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: Yes State Mandated Local Program: NoReimbursable: No SUMMARY: This bill exempts, until January 1, 2017, a registered dispensing optician or optometrist from any disciplinary action from the Medical Board of California, the Board of Optometry or any other state agency with enforcement authority, when both an AB 684 Page 2 optometrist and optician practice in the same location. FISCAL EFFECT: Negligible state fiscal effect. COMMENTS: 1)Purpose. This bill proposes a safe harbor provision from state law prohibiting co-location and other business relationships between optometrists and opticians until January 1, 2017, that will allow for constructive dialogue between stakeholders and regulatory entities to resolve a series of legal disputes. According to the author, the evolution of healthcare requires that California law and policy also evolve to effectuate the state's goals of increased access to quality affordable care. The ultimate goal is to create a comprehensive legislative solution that protects patient access to care, respects optometrists' clinical judgment and professional choice and provides regulatory entities with clear direction. This bill provides a temporary exemption from prosecution and enforcement until a sensible regulatory regime can be negotiated. 2)Background. A series of enforcement actions and legal disputes over the last five years has created regulatory uncertainty for businesses like Walmart and Lenscrafters that operate co-located optical retail stores that also provide optometry care. Current state law prohibits these common business relationships. AB 684 Page 3 3)Related Legislation. AB 595 (Alejo), pending in Business and Professions Committee, prohibits a licensed registered dispensing optician or a manufacturer or distributor of optical goods that is renting or leasing office space to or from, sharing office space with, or receiving space from an optometrist, from engaging in conduct that would influence or interfere with the clinical decisions of that optometrist. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081