Other changes
The bill makes other changes to the regulation of optometrists, including the
following:
1. Under current law, a person may not practice optometry unless he or she is
licensed by the Optometry Examining Board. The bill creates an exception for a
person who practices under the supervision of a licensed optometrist. The bill
requires the Optometry Examining Board to promulgate rules specifying the
conditions required for supervision.
2. The bill allows a person licensed as an optometrist in any other state to
obtain a license, if the other state's licensure requirements are substantially similar
to this state's requirements and if he or she satisfies certain other requirements.

Under current law, this licensure privilege applies only to a person licensed in
another state that grants equal privileges to residents of this state.
3. The bill repeals provisions in current law that generally prohibit an
optometrist from advertising by using a name other than the name under which the
optometrist is licensed.
4. The bill repeals provisions under current law that relate to the powers of
Wisconsin Vision Services, Inc.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB828, s. 1 1Section 1. 71.45 (4) of the statutes is amended to read:
AB828,4,112 71.45 (4) Net business loss carry-forward. Insurers computing tax under this
3subchapter may subtract from Wisconsin net income any Wisconsin net business loss
4sustained in any of the next 15 preceding taxable years to the extent not offset by
5Wisconsin net business income of any year between the loss year and the taxable year
6for which an offset is claimed and computed without regard to sub. (2) (a) 8. and 9.
7and this subsection and limited to the amount of net income, but no loss incurred for
8a taxable year before taxable year 1987 by a nonprofit service plan of sickness care
9under ch. 148, or dental care under s. 447.13 or prepaid optometric service plans
10under s. 449.15
may be treated as a net business loss of the successor service insurer
11under ch. 613 operating by virtue of s. 148.03, or 447.13 or 449.15.
AB828, s. 2 12Section 2. 440.05 (intro.) of the statutes, as affected by 2005 Wisconsin Act 25,
13is amended to read:
AB828,4,16 14440.05 Standard fees. (intro.) The following standard fees apply to all initial
15credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11,
16446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):
AB828, s. 3 17Section 3. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB828,5,3
1440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
2444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), the
3renewal dates and renewal fees for credentials are as follows:
AB828, s. 4 4Section 4. 449.02 (3) of the statutes is created to read:
AB828,5,85 449.02 (3) This section does not apply to a person who practices optometry
6under the supervision of an optometrist licensed under this chapter. The examining
7board shall promulgate rules specifying the conditions for supervision required
8under this subsection.
AB828, s. 5 9Section 5. 449.03 (title) of the statutes is amended to read:
AB828,5,10 10449.03 (title) Rule making; enforcement Enforcement.
AB828, s. 6 11Section 6. 449.03 (2) of the statutes is renumbered 449.03.
AB828, s. 7 12Section 7. 449.04 (1) of the statutes is amended to read:
AB828,5,1713 449.04 (1) Licenses to engage in the practice of optometry shall be issued only
14to persons who pass an examination approved or conducted by the examining board.
15An applicant who qualifies under s. 449.05 (1) may take any examination approved
16or
administered by the examining board upon payment of the fee specified in s.
17440.05 (1).
AB828, s. 8 18Section 8. 449.04 (2) (intro.) of the statutes is amended to read:
AB828,6,519 449.04 (2) (intro.) The examination shall include a written and practical
20examination, shall
reasonably relate to the skills likely to be needed for an applicant
21to practice optometry in this state at the time of examination and shall seek to
22determine the applicant's preparedness to exercise such skills. In regard to the
23written examination, the
The examination shall test knowledge regarding general
24and ocular pharmacology as it relates to optometry with particular emphasis on the
25use of topical ocular diagnostic pharmaceutical agents and therapeutic

1pharmaceutical agents, including the treatment of adverse reactions to such
2pharmaceutical agents, and knowledge regarding the removal of foreign bodies from
3an eye or from an appendage to the eye. The examination shall also test knowledge
4of state laws and administrative rules regarding the practice of optometry. The

5examining board may do any of the following:
AB828, s. 9 6Section 9. 449.04 (2) (a) of the statutes is amended to read:
AB828,6,77 449.04 (2) (a) Prepare, administer, and grade the examination;.
AB828, s. 10 8Section 10. 449.04 (2) (b) of the statutes is amended to read:
AB828,6,119 449.04 (2) (b) Approve in whole or in part an examination prepared,
10administered, and graded by the national board of examiners in optometry; or
11another examination provider approved by the examining board.
AB828, s. 11 12Section 11. 449.04 (2) (c) of the statutes is amended to read:
AB828,6,1513 449.04 (2) (c) Approve and administer an examination prepared and graded by
14or under the direction of the national board of examiners in optometry or another
15examination provider approved by the examining board
.
AB828, s. 12 16Section 12. 449.05 (1) (intro.) of the statutes is renumbered 449.05 (intro.) and
17amended to read:
AB828,6,19 18449.05 Qualification Qualifications for examination. (intro.) No person
19shall be examined by the board unless all of the following are satisfied:
AB828, s. 13 20Section 13. 449.05 (1) (b) of the statutes is renumbered 449.05 (1m) and
21amended to read:
AB828,6,2422 449.05 (1m) Unless he or she The person presents proof satisfactory to the
23examining board that, subject to ss. 111.321, 111.322, and 111.335, he or she does not
24have an arrest or conviction record;.
AB828, s. 14
1Section 14. 449.05 (1) (c) of the statutes is renumbered 449.05 (2m) and
2amended to read:
AB828,7,43 449.05 (2m) Unless the The person has graduated from an accredited college
4of optometry approved and recognized by the examining board; and.
AB828, s. 15 5Section 15. 449.05 (1) (d) of the statutes is repealed.
AB828, s. 16 6Section 16. 449.05 (2) of the statutes is renumbered 449.055 (intro.) and
7amended to read:
AB828,7,13 8449.055 Endorsement. (intro.) Any The examining board may issue a license
9and certificate of registration to a
person who is licensed in good standing to practice
10optometry in another state, having that has substantially similar requirements and
11granting equal privileges to residents of Wisconsin, may be issued a certificate in the
12discretion of the examining board upon passing
if all of the following conditions are
13satisfied:
AB828,7,15 14(1) The person has passed an examination in pathology and practical
15optometry, payment of.
AB828,7,18 16(3) The person pays the fee specified in s. 440.05 (1) and production of a
17certificate showing that the person has passed an examination in such other state
18and
.
AB828,7,20 19(4) The person submits satisfactory evidence that the person has actually
20practiced there in the other state for 5 years.
AB828, s. 17 21Section 17. 449.055 (2) of the statutes is created to read:
AB828,7,2422 449.055 (2) The person passes an examination that tests knowledge of state
23and federal laws and administrative rules and regulations regarding the practice of
24optometry.
AB828, s. 18 25Section 18. 449.055 (5) of the statutes is created to read:
AB828,8,1
1449.055 (5) The person satisfies the requirements under s. 449.05.
AB828, s. 19 2Section 19. 449.055 (6) of the statutes is created to read:
AB828,8,53 449.055 (6) The person has completed the study specified in ss. 449.17 (1m) (b)
4and 449.18 (2) (a) 2. and passes the examinations specified in ss. 449.17 (1m) (c) and
5449.18 (2) (a) 3.
AB828, s. 20 6Section 20. 449.06 (title) of the statutes is repealed and recreated to read:
AB828,8,7 7449.06 (title) Renewal; continuing education.
AB828, s. 21 8Section 21. 449.06 (1) of the statutes is amended to read:
AB828,8,139 449.06 (1) Persons practicing optometry shall, on or before the applicable
10renewal date specified under s. 440.08 (2) (a), register with the department and, pay
11the applicable renewal fee specified under s. 440.08 (2) (a), and provide evidence
12satisfactory to the examining board that he or she has complied with the rules
13promulgated under sub. (2m)
.
AB828, s. 22 14Section 22. 449.06 (2) of the statutes is renumbered 449.065 and amended to
15read:
AB828,8,20 16449.065 Display of registration. Every practicing optometrist shall display
17in a conspicuous place, at the entrance of his or her office, the name of the person so
18practicing therein and shall keep the certificate of registration issued by the
19examining board
conspicuously displayed in that place of business so that it can
20easily be seen and read.
AB828, s. 23 21Section 23. 449.06 (2m) of the statutes is created to read:
AB828,9,322 449.06 (2m) The examining board shall promulgate rules requiring a person
23who is issued a license to practice optometry to complete, during the 2-year period
24immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than
2530 hours of continuing education. The rules shall include requirements that apply

1only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical
2agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents
3or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.
AB828, s. 24 4Section 24. 449.08 (2) (intro.) and (a) of the statutes are consolidated,
5renumbered 449.08 (2) and amended to read:
AB828,9,86 449.08 (2) Unprofessional advertising includes without limitation because of
7enumeration: (a) Advertising
advertising professional superiority or the
8performance of professional services in a superior manner; .
AB828, s. 25 9Section 25. 449.08 (2) (d) of the statutes is repealed.
AB828, s. 26 10Section 26. 449.13 of the statutes is repealed.
AB828, s. 27 11Section 27. 449.15 of the statutes is repealed.
AB828, s. 28 12Section 28. 449.17 (1) of the statutes is created to read:
AB828,9,1513 449.17 (1) Applicability. An optometrist may use topical ocular diagnostic
14pharmaceutical agents only if the optometrist establishes a plan specified in sub. (2)
15and if one of the following applies:
AB828,9,1716 (a) The examining board initially issues a license to practice optometry to the
17optometrist on or after the effective date of this paragraph .... [revisor inserts date].
AB828,9,1918 (b) The department issued a certificate to the optometrist under s. 449.17, 2003
19stats.
AB828,9,2220 (c) The examining board issues a certificate under sub. (1m) to an optometrist
21issued a license to practice optometry before the effective date of this paragraph ....
22[revisor inserts date].
AB828, s. 29 23Section 29. 449.17 (1m) of the statutes is created to read:
AB828,9,2524 449.17 (1m) Licenses issued before the effective date of this subsection ....
25[revisor inserts date].
(a) The examining board shall certify an optometrist to use

1topical ocular diagnostic pharmaceutical agents if the optometrist was issued a
2license to practice optometry before the effective date of this paragraph .... [revisor
3inserts date], and the optometrist satisfies the education requirements under par. (b)
4and successfully completes an examination under par. (c).
AB828, s. 30 5Section 30. 449.17 (2) of the statutes is amended to read:
AB828,10,106 449.17 (2) Plan. Topical ocular diagnostic pharmaceutical agents may be used
7only by optometrists who have established a plan approved by the secretary after
8consultation with the examining board and the medical examining board
for the
9referral of patients who experience adverse reactions from the application of such
10agents to appropriate medical services.
AB828, s. 31 11Section 31. 449.17 (3) of the statutes is renumbered 449.17 (1m) (c) and
12amended to read:
AB828,10,2413 449.17 (1m) (c) Topical ocular diagnostic pharmaceutical agents may be used
14only by
The examining board may issue certificates under par. (a) only to
15optometrists who successfully complete an examination approved or conducted by
16the examining board on the subject of general and ocular pharmacology as it relates
17to optometry with particular emphasis on the use of topical ocular diagnostic
18pharmaceutical agents, including the treatment of any adverse reactions that may
19occur
to such pharmaceutical agents. The examination shall be prepared or
20approved by the department in consultation with the examining board, the medical
21examining board and the pharmacy
examining board. The department examining
22board
shall periodically review the validity, reliability, and appropriateness of the
23examination. In regard to the examination, the department The examining board
24may do any of the following:
AB828,10,2525 1. Prepare, administer, and grade the examination ;.
AB828,11,4
12. Approve in whole or in part an examination prepared, administered, and
2graded by the national board of examiners in optometry or by the optometry
3examining board;
or another examination provider approved by the examining
4board.
AB828,11,75 3. Approve and administer an examination prepared and graded by or under
6the direction of the national board of examiners in optometry or another examination
7provider approved by the examining board
.
AB828, s. 32 8Section 32. 449.17 (4) of the statutes is renumbered 449.17 (1m) (b) and
9amended to read:
AB828,11,2310 449.17 (1m) (b) In addition to the requirements of sub. (3), under par. (c), the
11examining board may issue certificates under par. (a) only to
optometrists who wish
12to use topical ocular diagnostic pharmaceutical agents shall
successfully complete
1360 classroom hours of study in general and ocular pharmacology as it relates to
14optometry with particular emphasis on the use of topical ocular diagnostic
15pharmaceutical agents. At least 30 of the 60 classroom hours of study shall be in
16ocular pharmacology and shall emphasize the systemic effects of and reactions to
17pharmaceutical agents, including the treatment of any adverse reactions that may
18occur. The course of study shall be offered by an institution approved by the secretary
19examining board and accredited by a regional or professional accrediting
20organization which is recognized by the council on post-secondary accreditation and
21the U.S. office
Council for Higher Education Accreditation or its successor or the
22federal department
of education, and shall be completed prior to entering the
23examination required by sub. (3) under par. (c).
AB828, s. 33 24Section 33. 449.17 (6) of the statutes is repealed.
AB828, s. 34
1Section 34. 449.17 (7) of the statutes is renumbered 449.17 (1m) (d) and
2amended to read:
AB828,12,73 449.17 (1m) (d) No fee may be charged for a certificate issued under this section
4subsection. A certificate issued under this section subsection or s. 449.17, 2003
5stats.,
remains in effect while the optometrist's license to practice optometry remains
6in effect unless the certificate is suspended or revoked by the department examining
7board
.
AB828, s. 35 8Section 35. 449.17 (8) (title) of the statutes is created to read:
AB828,12,99 449.17 (8) (title) Reimbursement prohibited.
AB828, s. 36 10Section 36. 449.18 (1) of the statutes is renumbered 449.18 (1) (intro.) and
11amended to read:
AB828,12,1512 449.18 (1) Applicability. (intro.) No optometrist may use therapeutic
13pharmaceutical agents or remove foreign bodies from an eye or from an appendage
14to the eye unless the optometrist is certified by the examining board under this
15section.
one of the following applies:
AB828, s. 37 16Section 37. 449.18 (1) (a), (b) and (c) of the statutes are created to read:
AB828,12,1917 449.18 (1) (a) The examining board initially issues a license to practice
18optometry to the optometrist on or after the effective date of this paragraph ....
19[revisor inserts date].
AB828,12,2120 (b) The department issued a certificate to the optometrist under s. 449.18, 2003
21stats.
AB828,12,2422 (c) The examining board issues a certificate under sub. (2) to an optometrist
23issued a license to practice optometry before the effective date of this paragraph ....
24[revisor inserts date].
AB828, s. 38 25Section 38. 449.18 (2) (title) of the statutes is created to read:
Loading...
Loading...