California 2011-2012 Regular Session Status: Enacted

AB 761 — Optometrists.

Last action — Chaptered by Secretary of State - Chapter 714, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for the regulation and licensure of clinical laboratories and clinical laboratory personnel by the State Department of Public Health. Existing law prohibits the performance of a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 unless the test or examination is performed under the overall operation and administration of a laboratory director, as defined, and is performed by specified persons, including certain health care personnel. Existing law provides for the licensure and regulation of optometrists by the State Board of Optometry, and requires certification by the board for a licensed optometrist to use therapeutic pharmaceutical agents. Existing law authorizes a licensed optometrist certified to use therapeutic pharmaceutical agents to diagnose and treat specified conditions. This bill would expand the category of persons who may perform clinical laboratory tests or examinations that are classified as waived to include licensed optometrists, and would provide that a laboratory director may include a licensed optometrist serving as the director of a laboratory which only performs specified clinical laboratory testing, for purposes of waived examinations. The bill would authorize a licensed optometrist certified to use therapeutic pharmaceutical agents to additionally perform specified clinical laboratory tests or examinations classified as waived that are necessary for the diagnosis of conditions and diseases of the eye or adnexa, which the bill would define to mean ocular adnexa. This bill would also incorporate changes to Section 1206.5 of the Business and Professions Code proposed by SB 1481 that would become operative only if SB 1481 and this bill are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 714, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:35 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6528.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4883.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Ordered to third reading.

  13. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  14. In Senate. Held at Desk.

  15. Ordered to the Senate.

  16. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 8 pursuant to Assembly Rule 77.

  17. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4321.).

  18. Ordered to special consent calendar.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 7. Noes 0.) (July 2).

  21. In committee: Hearing postponed by committee.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 11). Re-referred to Com. on APPR.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Referred to Com. on B., P. & E.D.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 3604.)

  28. Read second time. Ordered to third reading.

  29. Read second time and amended. Ordered to second reading.

  30. From committee: Do pass as amended. (Ayes 17. Noes 0.) (January 19).

  31. In committee: Set, first hearing. Referred to APPR. suspense file.

  32. Re-referred to Com. on APPR.

  33. Read second time and amended.

  34. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (January 10).

  35. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 8. Noes 0.) (January 10). Re-referred to Com. on HEALTH.

  36. (Pending re-referral to Com. on HEALTH.)

  37. Assembly Rule 56 suspended. (Page 3434.)

  38. Re-referred to Com. on B., P. & C.P.

  39. From committee chair, with author's amendments: Amend, and re-refer to Com. on B., P. & C.P. Read second time and amended.

  40. In committee: Set, second hearing. Hearing canceled at the request of author.

  41. In committee: Set, first hearing. Hearing canceled at the request of author.

  42. Referred to Coms. on B., P. & C.P. and HEALTH.

  43. From printer. May be heard in committee March 20.

  44. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 761 HERNÁNDEZ Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Hall — Yea
Butler — Yea
Halderman — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Atkins — Yea
Hueso — Yea
Knight — Yea
Logue — Yea
Campos — Yea
Portantino — Yea
Miller — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Allen — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Yea
Beall — Yea
Conway — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Pan — Not Voting
Smyth — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Silva — Yea
Solorio — Yea
Wagner — Yea
Wieckowski — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB761 Roger Hernández By Hernandez

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 1001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Blakeslee — Yea
Liu — Yea
Simitian — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Evans — Yea
Runner — Not Voting
Fuller — Yea
Dutton — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Not Voting
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Anderson — Yea
Leno — Yea
Lieu — Not Voting
Walters — Yea
Wolk — Yea
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #15 AB761 Roger Hernández

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Runner — Not Voting
Harman — Yea
Corbett — Yea
Huff — Yea
Kehoe — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Correa — Yea
Dutton — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Simitian — Yea
Wright — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Alquist — Yea
Dutton — Yea
Lieu — Yea
Walters — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea

Official roll call →

AB 761 HERNÁNDEZ Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 71006
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Feuer — Yea
Butler — Yea
Carter — Yea
Huber — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Logue — Yea
Olsen — Yea
Williams — Yea
Galgiani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Garrick — Yea
Chesbro — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Bonilla — Yea
Ammiano — Yea
Knight — Yea
Beall — Yea
Block — Yea
Conway — Yea
Dickinson — Yea
Ma — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Yamada — Yea
Campos — Yea
Davis — Not Voting
Atkins — Yea
Lara — Yea
Donnelly — Yea
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Furutani — Not Voting
Gorell — Not Voting
Halderman — Not Voting
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Huffman — Yea
Mansoor — Yea
Mendoza — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Smyth — Not Voting
Torres — Yea
Cook — Yea
Eng — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Hall — Yea
Campos — Yea
Harkey — Yea
Mitchell — Yea
Hill — Yea
Norby — Yea
Chesbro — Yea
Donnelly — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Gordon — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Yea
Monning — Yea
Nestande — Not Voting
Pan — Yea
Silva — Yea
Smyth — Yea
Ammiano — Yea
Hayashi — Yea
Logue — Yea
Mansoor — Yea
Williams — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 761 do?
Existing law provides for the regulation and licensure of clinical laboratories and clinical laboratory personnel by the State Department of Public Health. Existing law prohibits the performance of a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 unless the test or examination is performed under the overall operation and administration of a laboratory director, as defined, and is performed by specified persons, including certain health care personnel. Existing law provides for the licensure and regulation of optometrists by the State Board of Optometry, and requires certification by the board for a licensed optometrist to use therapeutic pharmaceutical agents. Existing law authorizes a licensed optometrist certified to use therapeutic pharmaceutical agents to diagnose and treat specified conditions. This bill would expand the category of persons who may perform clinical laboratory tests or examinations that are classified as waived to include licensed optometrists, and would provide that a laboratory director may include a licensed optometrist serving as the director of a laboratory which only performs specified clinical laboratory testing, for purposes of waived examinations. The bill would authorize a licensed optometrist certified to use therapeutic pharmaceutical agents to additionally perform specified clinical laboratory tests or examinations classified as waived that are necessary for the diagnosis of conditions and diseases of the eye or adnexa, which the bill would define to mean ocular adnexa. This bill would also incorporate changes to Section 1206.5 of the Business and Professions Code proposed by SB 1481 that would become operative only if SB 1481 and this bill are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Who sponsors AB 761?
AB 761 is sponsored by Roger Hernández.
What is the current status of AB 761?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 761?
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