SECTIONS 22-31. These sections amend, repeal, and repeal and recreate ch.
Opt 6 to incorporate the substantial changes made by
2005 Wisconsin Act 297 relating to the use of diagnostic and therapeutic pharmaceutical agents and removal of superficial foreign bodies from an eye or from an appendage to the eye. Chapter
Opt 6, as recreated, incorporates the procedures for the issuance of certificates to use diagnostic and pharmaceutical agents; the education and examination requirements that must be completed in order for an optometrist to obtain a certificate, and the permitted use of diagnostic and therapeutic pharmaceutical agents. Some of the primary changes made to ch.
449, Stats., by
2005 Wisconsin Act 297, which are incorporated into ch.
Opt 6 or clarified in ch.
Opt 6, include the following:
Section
449.17 – DPA Certificates. As a result of the revisions to the statutes, the Department of Regulation and Licensing will no longer grant DPA certificates. The board is now authorized to grant DPA certificates, but only to optometrists who were licensed by the board before August 1, 2006. Optometrists licensed by the board on or after August 1, 2006, will automatically be authorized to use diagnostic pharmaceutical agents (DPA) without having to obtain a separate DPA certificate. Note that the DPA certificates granted by the department prior to August 1, 2006, will remain in effect while the optometrist's license remains in effect unless suspended or revoked by the board. [Wis. Stats. s.
449.17 (1m) (d).] Note also that the Secretary of the department retains the authority to promulgate rules specifying the topical ocular diagnostic pharmaceutical agents that may be used by optometrists. See also Wis. Adm. Code ch.
RL 10.]
Section
449.18 – TPA Certificates. As a result of the revisions to the statutes, the board retains the authority to grant TPA certificates, but only to optometrists who were
licensed by the board before August 1, 2006. Optometrists licensed by the board on or after August 1, 2006, will automatically be authorized to use therapeutic pharmaceutical agents (TPA) without having to obtain a separate TPA certificate. Note that the TPA certificates granted by the board prior to August 1, 2006, will remain in effect while the optometrist's license remains in effect unless suspended or revoked by the board. [Wis. Stats. s.
449.18 (2) (e).] Note also that the Secretary of the department retains the authority to promulgate rules specifying the therapeutic pharmaceutical agents that may or may not be used by optometrists. [See also Wis. Adm. Code ch.
RL 10.]
Section
449.06 – Renewal; continuing education. As a result of the revisions to the statutes,
all optometrists will be required to complete 30 hours of continuing education. Note also that, as stated above, DPA and TPA certificates will not expire; therefore; the certificates will not need to be renewed.
SECTION 31. This section repeals ss.
Opt 6.05 to
6.08, which relate to the approval of continuing education courses and the renewal of TPA certificates. The provisions relating to continuing education are being incorporated into ch.
Opt 8. Under
2005 Wisconsin Act 297, TPA certificates no longer expire; therefore, optometrists are not required to renew them.
SECTIONS 32-34. These sections amend ss.
Opt 7.03 and
7.05 to clarify that all optometrists must now complete the required continuing education course work in order to renew their registrations. Previously, only optometrists who held TPA certificates were required to complete continuing education course work.
SECTION 35. Chapter
Opt 8 is being created to incorporate the continuing education requirements that optometrists must complete in order to renew their registrations. As a result of the changes made to ch.
449, Stats., by
2005 Wisconsin Act 297, all optometrists will now be required to complete 30 hours of continuing education. Previously, only optometrists who were certified to use diagnostic pharmaceutical agents (DPA) and therapeutic pharmaceutical agents (TPA) were required to complete continuing education course work.
Section
Opt 8.01 creates definitions for “biennium," “COPE" and “hardship."
Section
Opt 8.02 identifies the course work that optometrists must complete and the procedure that they must follow in order to renew their registrations. The proposed rules require optometrists to complete 30 hours of approved continuing education in each biennial registration period. A minimum of 7 of the 30 hours must be approved glaucoma education. To obtain credit for completion of continuing education hours, optometrists must, at the time of each renewal of their registrations, sign a statement certifying that the course work has been completed. If audited, the optometrists will be required to submit their certificates of attendance issued by each course provider or other evidence of attendance satisfactory to the board. An optometrist who fails to meet the continuing education requirements by the renewal date may not engage in the practice of optometry until his or her registration is renewed under s.
Opt 7.05.
Section
Opt 8.03 creates the criteria for the approval of continuing education courses, which was previously contained in ch.
Opt 6. In general, to apply for approval of a continuing education course, a course provider must submit to the board office an application on forms provided by the department that shall include the title, general description and an outline of the course, the dates, the location, the name and qualifications of the instructor of the course, and the sponsor of the course. The following criteria will be considered in the approval process:
(1) The subject matter of the course pertains to the practice of optometry.
(2) The provider of the continuing education courses agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course.
(3) The provider of the course is approved by the board.
(4) The course content and instructional methodologies are approved by the board.
In addition, alternate delivery method continuing education courses such as home-study courses, self-study packages, computer courses, televideo conferencing and other methods may be approved by the board. Finally, a continuing education course approved by the Council on Optometric Practitioner Education (COPE), or sponsored by a state optometric association, the American Optometric Association, the American Academy of Optometry, or an accredited school or college of optometry, which satisfies the criteria established under s.
Opt 8.03 (2), shall be approved by the board without receipt of a course approval application from the course provider.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states:
Illinois:
Iowa:
Michigan:
Minnesota:
Summary of factual data and analytical methodologies:
The Department of Regulation and Licensing is assisting in drafting of the board's rules as per recent amendments of ch.
449, Stats. The board's professional and public members provided their input and guidance into the rule drafting process.
The department relied on information provided by the Wisconsin Association of Optometrists (WOA) regarding their membership and projected costs of continuing education. For licensee counts, the numbers were derived from the credentialing database of the Department of Regulation and Licensing in September of 2006.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The proposed rules make a number of changes that may affect the practice of optometry as it relates to small business. The changes may be positive in terms of increasing flexibility in licensure requirements (licensure mobility), providing delegated authority and changing continuing education requirements.
These rules will affect those who are currently practicing under a Wisconsin license (913 active licensees in and out of state); those who may wish to renew their license (1,258 inactive licensees in and out of state), and those looking to begin practice in Wisconsin, transfer to another jurisdiction, or apply to Wisconsin through licensure by endorsement.
The following changes may affect small business:
Redefinition of Supervision: The existing rules provide for immediate supervision of staff within a clinic by a licensed optometrist. The board finds that these rules are outdated and not relevant to the modern practice of optometry. The board is proposing to introduce flexibility into the practice of optometry by developing a rule which allows optometrists to determine the level of oversight required for the supervision of unlicensed persons.
Delegated Authority: The amendments to ch.
449, Stats., allow an optometrist to train staff to provide certain services in the clinic which were formerly restricted to licensed professionals. This amendment allows unlicensed persons to practice certain services which are considered within the scope of practice of optometry, under their supervising optometrist's license, but only after adequate training has been provided. Delegated authority may generate costs to small business by requiring formal optometric training of staff, however the decision to delegate these tasks is entirely optional.
Endorsement: The new rules provide that a licensee of another jurisdiction with substantially equivalent licensure requirements may transfer to Wisconsin. This may increase competition, however as reported by the board, many states are moving to the licensure by endorsement model which would also allow Wisconsin optometrists to transfer easier to another jurisdiction. This may have a neutral effect as it relates only to licensure mobility.
Continuing Education: Under the existing rules – now outdated due to changes in statute – the only optometrists required to take continuing education course work for licensure renewal – were those certified by the board to use therapeutic pharmaceutical agents (TPA). Recent updates to ch.
449, Stats., (practice of optometry) requires all optometrists to take continuing education course work; therefore the board is drafting rules to require 30 hours of continuing education for renewal for all optometrists' licensure.
As of September, 2006, there were a total of 2,171 Wisconsin licensed optometrists (in and out of state, active and inactive licenses). Of that number, there were 913 active license holders (in and out of state) certified to use TPA and therefore required to complete 30 hours of continuing education in a biennium.
There are 328 active license holders who currently do not hold the TPA certification, who will have to meet the new renewal requirements of 30 hours of board approved continuing education in the biennium.
As per an estimate of the Wisconsin Optometric Association*, costs per hour of continuing education range from:
$30 per hour of continuing education; $15-$20 per hour for continuing education packages – WOA membership only
$90 per hour of continuing education; $50 per hour for continuing education packages – Non-members
*The WOA reports that there is significant availability of continuing education hours available at no charge at the local level to optometrists which mitigates the biennial cost of renewal for licensure.
The impact on biennial continuing education costs would range from insignificant (free continuing education available), to $450 to $2,700 (maximum cost per hour of continuing education for non-WOA members).
Although the cost of continuing education is a factor in the operational costs of a license holder, continuing education is a standard requirement of many professional examining boards and is seen as valuable educational experience which not only increases and refreshes the practice knowledge of a license holder, but also serves to protect the public. Additionally, there is a wide availability of continuing education for optometrists that could be less or more expensive than what the WOA provides, however there is a wide range of choice available to optometrists for the market.
The Wisconsin Optometric Association provided an estimate (of their members) that over 50% of optometrists are operating as or working in a small business (25 people or less or under 5 million in sales).
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal Estimate
The department estimates that this rule will require staff time in the Divisions of Management Services and Professional Credentialing. The one-time salary and fringe costs in the Divisions of Management Services and Professional Counseling are estimated at $747.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before December 7, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Optometry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Optometry Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
449.06 (2m), Stats., as created by
2005 Wisconsin Act 297, and interpreting 449.06 (1) and (2m), Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider an order to create ch.
Opt 8, relating to continuing education relating to optometrists.
Hearing Date, Time and Location
Date: December 7, 2006
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 7, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The Optometry Examining Board is authorized under s.
449.06 (2m), Stats., as amended by
2005 Wisconsin Act 297, to promulgate rules relating to continuing education requirements for optometrists.
Related statute or rule: Chapter
RL 10, which identifies the diagnostic and pharmaceutical agents that have been approved by the Department of Regulation and Licensing for use by optometrists.
Plain language analysis: Chapter
Opt 8 is being created to incorporate the continuing education requirements that optometrists must complete in order to renew their registrations. As a result of the changes made to ch.
449, Stats., by
2005 Wisconsin Act 297, all optometrist will now be required to complete 30 hours of continuing education. Previously, only optometrists who were certified to use diagnostic pharmaceutical agents (DPA) and therapeutic pharmaceutical agents (TPA) were required to complete continuing education course work.
Section
Opt 8.01 creates definitions for “biennium," “COPE" and “hardship."
Section
Opt 8.02 identifies the course work that optometrists must complete and the procedure that they must follow in order to renew their registrations. The proposed rules require optometrists to complete 30 hours of approved continuing education in each biennial registration period. A minimum of 7 of the 30 hours must be approved glaucoma education. To obtain credit for completion of continuing education hours, optometrists must, at the time of each renewal of their registrations, sign a statement certifying that the course work has been completed. If audited, the optometrists will be required to submit their certificates of attendance issued by each course provider or other evidence of attendance satisfactory to the board. An optometrist who fails to meet the continuing education requirements by the renewal date may not engage in the practice of optometry until his or her registration is renewed under s.
Opt 7.05.
Section
Opt 8.03 creates the criteria for the approval of continuing education courses, which was previously contained in ch.
Opt 6. In general, to apply for approval of a continuing education course, a course provider must submit to the board office an application on forms provided by the department that shall include the title, general description and an outline of the course, the dates, the location, the name and qualifications of the instructor of the course, and the sponsor of the course. The following criteria will be considered in the approval process:
(1) The subject matter of the course pertains to the practice of optometry.
(2) The provider of the continuing education course agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course.
(3) The provider of the course is approved by the board.
(4) The course content and instructional methodologies are approved by the board.
In addition, alternate delivery method continuing education courses such as home-study courses, self-study packages, computer courses, televideo conferencing and other methods may be approved by the board. Finally, a continuing education course approved by the Council on Optometric Practitioner Education (COPE), or sponsored by a state optometric association, the American Optometric Association, the American Academy of Optometry, or an accredited school or college of optometry, which satisfies the criteria established under s.
Opt 8.03 (2), shall be approved by the board without receipt of a course approval application from the course provider.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states:
Illinois:
Iowa:
