Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 1, 2001, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statute interpreted: s.
449.17
In this proposed rule-making order, the Department of Regulation and Licensing amends ch.
RL 10, relating to the certification of optometrists to use diagnostic pharmaceutical agents.
The Note following s.
RL 10.01 (1), is being amended to reflect the renumbering of ch.
161, Stats., to ch.
961, Stats.
Section
RL 10.03 states, in part, that an application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. The rule is being amended to omit this provision because the department has adopted a standard rule that specifies the number of business days within which the department must review and make a determination on an application.
s. 440.03 (1m), Stats., s. RL 4.03, Wis. Adm. Code.
Section
RL 10.04 (2), provides that in order to obtain a DPA certificate, an optometrist must submit evidence to the department showing that the optometrist has successfully completed one of the examinations identified in pars. (a) and (b). Depending upon when an application is filed with the department, before or after April 1, 1994, applicants must submit evidence of successful completion of the pharmacology examination administered prior to 1994 by the National Board of Examiners in Optometry; parts I and II of the examination administered after 1986 by the National Board of Examiners in Optometry or an examination approved by the Department of Regulation and Licensing and the Optometry Examining Board. The rule is being amended to delete the references to the April 1, 1994 date because the references are no longer applicable.
Text of Rule
SECTION 1. The Note following RL 10.01 (10) is amended to read:
Note: Section
161.39 961.39, Stats., contains certain limitations relating to the prescribing and administering of controlled substances by optometrists certified under section
449.18, Stats.
SECTION 2. RL 10.03 is amended to read:
RL 10.03 Statement of approval required. A licensed optometrist may not use diagnostic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form and received a DPA certificate from the department.
An application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. A licensed optometrist may not use therapeutic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form, met the requirements under s.
449.18, Stats., and received a TPA certificate from the optometry examining board.
SECTION 3. RL 10.04 (2) (a) is amended to read:
RL 10.04 (2) (a) If application was made to the department prior to or on April 1, 1994, obtained Obtained a score of not less than 75 on the pharmacology section of the examination administered prior to 1994 by the national board of examiners in optometry.
SECTION 4. RL 10.04 (2) (b) (intro.) is repealed.
SECTION 5. RL 10.04 (2) (b) 1. is renumbered RL 10.04 (2) (b) and amended to read:
RL 10.04 (2) (b) Obtained passing scores on parts I and II of the examination administered after 1986 by the national board of examiners in optometry; or.
SECTION 6. RL 10.04 (2) (b) 2. is renumbered RL 10.04 (2) (c).
SECTION 7. The Note following RL 10.04 (3) is amended to read:
Note: The department of regulation and licensing does not administer the pharmacology examination. The required score of “not less than 75" relates only to the pharmacology section of the national examination. Therefore, if all sections of the national examination are were taken at once, the 75 score minimum applies only to the pharmacology section and not to the other sections of the examination.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
