AB828: Bill Text

LRB-3964/1

CTS:cmh&kjf:pg

2005 - 2006 LEGISLATURE

2005 Assembly BILL 828

November 14, 2005 - Introduced by Representatives Hundertmark, Underheim, Kestell, Musser, Davis, Krawczyk, Kerkman, Strachota, Pope-Roberts, Towns, Hahn, Wasserman, Ott, Gielow, Nischke, Hebl, Vos, Ainsworth, Hines, Seidel, Nelson, Kreibich and Albers, cosponsored by Senators Brown, Roessler, Darling, Olsen, Robson, Jauch, Erpenbach and Decker. Referred to Committee on Health.

AB828,2,2 An Act to repeal 449.05 (1) (d), 449.08 (2) (d), 449.13, 449.15, 449.17 (6), 449.18 (3) and (4), 449.18 (6) (intro.) and 449.18 (7); to renumber 449.03 (2); to renumber and amend 449.05 (1) (intro.), 449.05 (1) (b), 449.05 (1) (c), 449.05 (2), 449.06 (2), 449.17 (3), 449.17 (4), 449.17 (7), 449.18 (1), 449.18 (2) (intro.), 449.18 (2) (a), 449.18 (2) (b), 449.18 (2) (c), 449.18 (4m), 449.18 (6) (a), 449.18 (6) (b) and 449.18 (6) (c); to consolidate, renumber and amend 449.08 (2) (intro.) and (a); to amend 71.45 (4), 440.05 (intro.), 440.08 (2) (a) (intro.), 449.03 (title), 449.04 (1), 449.04 (2) (intro.), 449.04 (2) (a), 449.04 (2) (b), 449.04 (2) (c), 449.06 (1), 449.17 (2), 449.18 (5), 449.19, 961.39 (intro.), 961.39 (2) and 961.39 (3) (a); to repeal and recreate 449.06 (title); and to create 449.02 (3), 449.055 (2), 449.055 (5), 449.055 (6), 449.06 (2m), 449.17 (1), 449.17 (1m), 449.17 (8) (title), 449.18 (1) (a), (b) and (c), 449.18 (2) (title), 449.18 (2) (e), 449.18 (6) (title) and 449.18 (6) (am) (intro.) of the statutes; relating to: the regulation of optometrists, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes changes to the regulation of optometrists regarding all of the following: 1) topical ocular diagnostic pharmaceutical agents; 2) therapeutic pharmaceutical agents and removals of foreign bodies from eyes; 3) the examination required for an optometrist license; 4) continuing education; and 5) other changes.

Diagnostic pharmaceutical agents

Under current law, an optometrist licensed by the Optometry Examining Board in the Department of Regulation and Licensing (DRL) may use topical ocular diagnostic pharmaceutical agents (DPAs) only if the optometrist is certified by DRL and satisfies certain requirements. To obtain certification, an optometrist must complete a specified course of study and pass an examination. The examination must be prepared or approved by DRL in consultation with the Optometry Examining Board, the Medical Examining Board, and the Pharmacy Examining Board. Unlike a license to practice optometry, a certification does not have to be renewed every two years, and remains in effect as long as the optometrist is licensed, unless DRL suspends or revokes the certification. Also, DRL may not charge a fee for the certification.

Under this bill, certification is no longer required for an optometrist to use DPAs if he or she is licensed after the bill's effective date. An optometrist who was licensed before the bill's effective date may use DPAs only if he or she is certified. Under the bill, the Optometry Examining Board, instead of DRL, makes the certifications. However, an optometrist who was certified by DRL under current law may continue to use DPAs under the bill. As under current law, no fee may be charged for certification. Also, a certification does not have to be renewed every two years, but remains in effect as long as the optometrist is licensed, unless the Optometry Examining Board (rather than DRL) suspends or revokes the certification.

The bill makes other changes to the requirements regarding DPAs. Under the bill, the Optometry Examining Board, rather than DRL, approves the examination required for certification and does not have to consult with the Medical Examining Board or Pharmacy Examining Board. In addition, under current law, an optometrist who is certified to use DPAs may use them only if he or she has established a plan for referring patients to appropriate medical services if the patients experience adverse reactions. The plan must be approved by DRL in consultation with the Optometry Examining Board, the Medical Examining Board, and the Pharmacy Examining Board. Under the bill, a plan is still required, but approval is not.

Therapeutic pharmaceutical agents and foreign body removals

Under current law, a licensed optometrist may use therapeutic pharmaceutical agents (TPAs) or remove foreign bodies from eyes and appendages to eyes only if he or she is certified by the board and satisfies certain requirements. To obtain certification, an optometrist must be certified to use DPAs as described above, complete a specified course of study, and pass an examination. The examination must be conducted by or approved by the Optometry Examining Board and DRL must periodically review the examination. Like a license to practice optometry, a certification must be renewed every two years. However, no fee may be charged for issuing or renewing the certification.

Under the bill, certification is no longer required for an optometrist who is licensed after the bill's effective date. An optometrist who was licensed before the bill's effective date may use TPAs or remove foreign bodies only if he or she is certified by the Optometry Examining Board. The requirements for certification are the same as under current law. Also, as under current law, no fee can be charged for certification. However, unlike under current law, a certification does not have to be renewed every two years.

Examination required for optometrist license

The bill provides that the examination that is required for an optometrist license must test knowledge regarding the use of DPAs and TPAs and the removal of foreign bodies. Also, the bill requires the examination to test knowledge of state laws and rules regarding the practice of optometry. In addition, the bill eliminates a requirement under current law that a person have five years of training in optometry before he or she may take the examination.

Continuing education

Under current law, licensed optometrists who are certified to use TPAs or remove foreign bodies are required to complete no more than 30 hours of continuing education every two years. The continuing education must be approved by the Optometry Examining Board, and the board must promulgate rules establishing criteria for approval.

Under the bill, the Optometry Examining Board must promulgate rules that require all licensed optometrists to complete no more than 30 hours of continuing education every two years. As under current law, the continuing education must be approved by the Optometry Examining Board in accordance with criteria established in the rules. Also, the rules must include continuing education requirements that only apply to optometrists who are allowed under the bill to use DPAs or TPAs or remove foreign bodies.

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 Section 1. 71.45 (4) of the statutes is amended to read:

AB828,4,11 71.45 (4) Net business loss carry-forward. Insurers computing tax under this subchapter may subtract from Wisconsin net income any Wisconsin net business loss sustained in any of the next 15 preceding taxable years to the extent not offset by Wisconsin net business income of any year between the loss year and the taxable year for which an offset is claimed and computed without regard to sub. (2) (a) 8. and 9. and this subsection and limited to the amount of net income, but no loss incurred for a taxable year before taxable year 1987 by a nonprofit service plan of sickness care under ch. 148, or dental care under s. 447.13 or prepaid optometric service plans under s. 449.15 may be treated as a net business loss of the successor service insurer under ch. 613 operating by virtue of s. 148.03, or 447.13 or 449.15.

AB828, s. 2 Section 2. 440.05 (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB828,4,16 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):

AB828, s. 3 Section 3. 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB828,5,3 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), the renewal dates and renewal fees for credentials are as follows:

AB828, s. 4 Section 4. 449.02 (3) of the statutes is created to read:

AB828,5,8 449.02 (3) This section does not apply to a person who practices optometry under the supervision of an optometrist licensed under this chapter. The examining board shall promulgate rules specifying the conditions for supervision required under this subsection.

AB828, s. 5 Section 5. 449.03 (title) of the statutes is amended to read:

AB828,5,10 449.03 (title) Rule making; enforcement Enforcement.

AB828, s. 6 Section 6. 449.03 (2) of the statutes is renumbered 449.03.

AB828, s. 7 Section 7. 449.04 (1) of the statutes is amended to read:

AB828,5,17 449.04 (1) Licenses to engage in the practice of optometry shall be issued only to persons who pass an examination approved or conducted by the examining board. An applicant who qualifies under s. 449.05 (1) may take any examination approved or administered by the examining board upon payment of the fee specified in s. 440.05 (1).

AB828, s. 8 Section 8. 449.04 (2) (intro.) of the statutes is amended to read:

AB828,6,5 449.04 (2) (intro.) The examination shall include a written and practical examination, shall reasonably relate to the skills likely to be needed for an applicant to practice optometry in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise such skills. In regard to the written examination, the The examination shall test knowledge regarding general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents and therapeutic pharmaceutical agents, including the treatment of adverse reactions to such pharmaceutical agents, and knowledge regarding the removal of foreign bodies from an eye or from an appendage to the eye. The examination shall also test knowledge of state laws and administrative rules regarding the practice of optometry. The examining board may do any of the following:

AB828, s. 9 Section 9. 449.04 (2) (a) of the statutes is amended to read:

AB828,6,7 449.04 (2) (a) Prepare, administer, and grade the examination;.

AB828, s. 10 Section 10. 449.04 (2) (b) of the statutes is amended to read:

AB828,6,11 449.04 (2) (b) Approve in whole or in part an examination prepared, administered, and graded by the national board of examiners in optometry; or another examination provider approved by the examining board.

AB828, s. 11 Section 11. 449.04 (2) (c) of the statutes is amended to read:

AB828,6,15 449.04 (2) (c) Approve and administer an examination prepared and graded by or under the direction of the national board of examiners in optometry or another examination provider approved by the examining board.