Legislative Updates

FDA orders “Visibly” (formerly Opternative) to shut down online vision screening! 9/18/19

Medi-cal adult eyeglasses reinstated - Medi-cal coverage for adult eyeglasses are back effective 1/1/2020. The restoration includes services previously offered in 2009 including eyeglasses, low vision devices, and medically necessary CL’s. 9/18/19

Dental and Optometric Care Access Act (DOC Access Act) - HR 3762 disallows detrimental policies by ELISA such as limits on a doctor’s choice of lab and mandates on noncovered service materials. 9/18/19

In-home Care - AB 458 (which is sponsored by the State Board of Optometry) will allow OD’s to provide optometric care at a home residence. A “home residence certificate” will be required. Bill will be heard in the Senate Business and Professions Committee. 9/18/19

CL Rx Verification Modernization Act - HR 3975 prohibits Rx verification made by robocall in favor of direct communication (phone, fax, patient portal, or email) so there is a paper trail to ensure patient’s get what was prescribed. Also requires online sellers to develop HIPAA-compliant methods for patients to electronically transmit Rx. 9/18/19

Medi-cal reimbursement rates - the new budget has $600-$700 million in Prop 56 funding dedicated to medi-cal provider payment increases. COA will aggressively push to increase reimbursement rates for us. 9/18/19


Medi-cal docs must maintain medical records for 10 years (instead of 7). 9/18/19

Independent Contractors - COA is seeking an amendment to AB 5 that would allow OD’s to be independent contractors. A new law (Dynamex decision) went into effect last year that changed how independent contractors were defined and conflicts with OD’s as independent contractors. COA fighting to be excluded along with medicine, dentistry, and psychology. 9/18/19

Scope of Practice - AB 1467 passed Assembly and will next be heard in the Senate Business and Professions Committee. Will allow us to perform minor surgical procedures under physician protocol. 9/18/19

Immunizations and optometry

In 2017, AB 443 gave OD’s the ability to administer flu, shingles, and pneumonia vaccines to patients over 18 after receiving training and certification. COA’s website has info if you want to be certified. 9/18/19

California law allows optometrists to become certified to perform three immunizations – flu, shingles and pneumonia vaccines – on adults. The training for immunization certification has three requirements: (1) completion of an immunization training program, (2) basic life support certification, and (3) one hour of ongoing CE every 2 years.

Many optometric colleges are currently working on creating a certification training course specifically for optometrists. In the meantime, immunization training courses developed by the pharmacy profession can be taken now. The pharmacy certification course is 20 hours total – 12 hours of self-study with a test and an 8-hour, live seminar component that involves attending the full live seminar, successfully completing the injection technique assessment, and completing the assessment.

For more information about immunizations generally, check out the Immunization Action Coalition (IAC). IAC works to increase immunization rates and prevent disease by creating and distributing educational materials for healthcare professionals and the public that enhance the delivery of safe and effective immunization services. Additionally, the CDC produces a number of resources such as posters and flyers that can be downloaded free of charge. 7/25/19

The Think About Your Eyes national campaign – Most COA members now are eligible for a free basic listing on the Think About Your Eyes doctor locator. COA is paying the cost of this new membership benefit – all you have to do is update your company record in COA’s database. 2.3 million site visits with 4 million eye exams are attributed to the campaign. 7/25/19

VSP bill signed into law – AB 1092 gives VSP authority to continue its existing practice auditing for suspected fraudulent claims. COA had experts review this bill to make sure we are protected. Amendments were made to ensure VSP used independent and verifiable statistical methodology to detect fraud and reduced the time window for fraudulent claims from 3 years to 1 year. 7/25/19

Branch Office law repealed – A new law sponsored by the State Board of Optometry and signed this year repeals the branch office law and instead allows optometrists to own up to 11 offices.  7/25/19

Illegal sales of contact lenses – COA is concerned that Hubble and other companies are allegedly violating state and federal law by selling contact lenses without a prescription. COA has filed a complaint with the State Board of Optometry and we urge you to do the same. Contact COA’s hotline at (916) 266-5027 for information on how to report a complaint. 7/25/19

Online eye testing – COA continues to seek patient examples that we can use in our fight to educate the public about the dangers of online or remote refraction. If you have a patient between 18 and 50 who came to you asymptomatic, but had a life- or sight-threatening condition that you were able to detect during your exam, please report the case to COA or call COA’s “hotline” at (916) 266-5027. We need your help to collect these patient examples to help COA demonstrate the risks to consumers, the media and elected officials. Your patient need not have received an online or remote refraction to submit your example. 7/25/19

Salary history – AB 168 prohibits an employer from inquiring into an applicant’s prior salary or failing to provide a pay scale upon demand. 7/25/19

Sexual harassment training – SB 1343 requires an employer with five or more employees to provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every two years thereafter. 9/18/19

Private breast pumping room – AB 1976 requires employers to provide their workers with a private area that is not a bathroom to pump breast milk. 7/25/19

Office poster requirement for optometrists – California Code of Regulations (CCR) Section 1566 and 1566.1 requires a Consumer Notice be posted in each optometrist’s office in a conspicuous place for consumers to see. The notice must state that patients will be given a copy of their spectacle and contact prescription. The FTC has recently come into California to check offices for this notice. For a sample of the consumer notice requirements, please visit the COA website. 7/25/19