Optometry: SARS-CoV-2 vaccinations: SARS-CoV-2 clinical laboratory tests or examinations.

The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry. The act prohibits engaging in the practice of optometry without an optometrist license from the board. The act establishes the scope of practice for licensed optometrists. The act provides for the certification to use therapeutic pharmaceutical agents (TPA certification) and authorizes a TPA-certified optometrist to perform certain procedures and to administer prescribed immunizations, subject to certain immunization certification requirements, including having applied for an immunization certificate on a board-approved form. Existing law specifies that a violation of the act is a misdemeanor punishable by fine or imprisonment, as provided. The act also authorizes the board to take action against all persons guilty of violating the act or regulations of the board. This bill would expand the authorization for a TPA-certified optometrist to perform procedures to include a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) necessary to detect the presence of SARS-CoV-2. The bill would establish the substance of an application form for the immunization certification and expand the certificate to cover the administration of immunizations for SARS-CoV-2. Under the bill, the form would include required declarations under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would establish an application fee for the immunization certification. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill, contingent upon the enactment of AB 407, as prescribed, in lieu of the above SARS-CoV-2 testing provisions, would instead enact a version of Section 3041 of the Business and Professions Code incorporating both (1) similar SARS-CoV-2 testing provisions and (2) the changes to that section proposed in AB 407, relating to the scope of practice of optometry, including the revision of existing provisions and new authorizations regarding the use or prescription of therapeutic pharmaceutical agents and the administration of immunizations, as specified, to become operative only if this bill and AB 407 are enacted. This bill would declare that it is to take effect immediately as an urgency statute.