California Assembly Bill AB684 Amended / Bill

 BILL NUMBER: AB 684AMENDED BILL TEXT AMENDED IN SENATE JUNE 30, 2015 AMENDED IN ASSEMBLY MAY 11, 2015 AMENDED IN ASSEMBLY APRIL 30, 2015 AMENDED IN ASSEMBLY APRIL 23, 2015 INTRODUCED BY Assembly Members Alejo and Bonilla FEBRUARY 25, 2015 An act to  amend Section 3137 of, and to  add and repeal Sections 655.1 and 2556.1  of   of,  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, would  prohibit a registered dispensing optician or optometrist   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,  from being subject to  discipline   any action  by the Medical Board of California, the State Board of Optometry,  or other   another  state  agency   agency, or a district attorney  with enforcement authority for engaging in any of the aforementioned business relationships.  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.  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 prohibit  a   an individual, corporation, or firm operating as a  registered dispensing optician  before the effective date of the bill, or an employee of such an entity,  from being subject to  discipline   any action  for engaging in that aforementioned conduct. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 655.1 is added to the Business and Professions Code, to read: 655.1. (a) Notwithstanding any other law, no  individual, corporation, or firm operating as a registered  dispensing optician  registered  pursuant to Chapter 5.5 (commencing with Section 2550)  before the effective date of this section, or an employee of such an entity,  or  an  optometrist licensed pursuant to Chapter 7 (commencing with Section 3000)  before the effective date of this section,  shall be subject to  discipline   any action  by the Medical Board of California, the State Board of Optometry,  or other   another  state  agency   agency, or a district attorney,  with enforcement authority for engaging in any business relationship prohibited by Section 655. (b) Nothing in this section shall be construed to imply or suggest that a registered dispensing optician or optometrist engaging in any business relationship is in violation of or in compliance with the law.  (c) This section shall not apply to any business relationships prohibited by Section 655 registered and operating on or after the effective date of this section.   (d) Nothing in this section shall prohibit an individual, corporation, or firm operating as a registered dispensing optician from engaging in a business relationship with an optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) before the effective date of this section at locations registered with the Medical Board of California before the effective date of this section.   (c)   (e)  This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. SEC. 2. Section 2556.1 is added to the Business and Professions Code, to read: 2556.1. (a) Notwithstanding any other law,  a person registered   any individual, corporation, or firm operating as a registered dispensing optician  under this chapter  before the effective date of this section, or an employee of such an entity,  shall not be subject to  discipline   any action  for engaging in conduct prohibited by Section 2556, except that a registrant shall be subject to discipline for duplicating or changing lenses without a prescription or order from a person duly licensed to issue the same. (b) Nothing in this section shall be construed to imply or suggest that a person registered under this chapter is in violation of or in compliance with the law.  (c) This section shall not apply to any business relationships prohibited by Section 2556 registered and operating on or after the effective date of this section.   (d) Nothing in this section shall prohibit an individual, corporation, or firm operating as a registered dispensing optician from engaging in a business relationship with an optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) before the effective date of this section at locations registered with the Medical Board of California before the effective date of this section.   (c)   (e)  This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.  SEC. 3.   Section 3137 of the   Business and Professions Code   is amended to read: 3137. (a) Except as otherwise provided in this section, any accusation filed against a licensee pursuant to Section 11503 of the Government Code for the violation of any provision of this chapter shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. (b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging fraud or willful misrepresentation is not subject to the limitation in subdivision (a). (c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation in subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts. (d) If an alleged act or omission involves any conduct described in Section 726 committed on a minor, the 10-year limitations period in subdivision (e) shall be tolled until the minor reaches the age of majority. (e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging conduct described in Section 726 shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging conduct received by the board on and after January 1, 2006. (f) In any allegation, accusation, or proceeding described in this section, the limitations period in subdivision (a) shall be tolled for the period during which material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.  (g) In any allegation, accusation, or proceeding described in this section regarding a violation of Section 655 and subject to Section 655.1, the limitations period in subdivision (a) shall be tolled during the effective period of Section 655.1.   SEC. 3.   SEC. 4.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect various businesses, opticians, and optometrists who engage in a business relationship that is prohibited by Section 655 or 2556 of the Business and Professions Code from discipline by the Medical Board of California, the State Board of Optometry, or other state agency with enforcement authority while the Legislature, with the assistance of appropriate regulatory agencies, develops a model that will allow California businesses to provide services to patients and also protect the interests of practitioners, it is necessary that this act take effect immediately.