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:
AB828,13,2
1449.18 (2) (title) Licenses issued before the effective date of this subsection
2.... [revisor inserts date].
AB828, s. 39 3Section 39. 449.18 (2) (intro.) of the statutes is renumbered 449.18 (2) (a)
4(intro.) and amended to read:
AB828,13,95 449.18 (2) (a) (intro.) The examining board shall certify an optometrist to use
6therapeutic pharmaceutical agents and remove foreign bodies from an eye or from
7an appendage to the eye if the optometrist was issued a license to practice optometry
8before the effective date of this paragraph .... [revisor inserts date], and the
9optometrist
satisfies all of the following:
AB828, s. 40 10Section 40. 449.18 (2) (a) of the statutes is renumbered 449.18 (2) (a) 1. and
11amended to read:
AB828,13,1312 449.18 (2) (a) 1. The optometrist is certified under s. 449.17, 2003 stats., or s.
13449.17 (1m) (a)
to use topical ocular diagnostic pharmaceutical agents.
AB828, s. 41 14Section 41. 449.18 (2) (b) of the statutes is renumbered 449.18 (2) (a) 2. and
15amended to read:
AB828,13,2216 449.18 (2) (a) 2. The optometrist has successfully completed 100 hours of
17approved study in the use of therapeutic pharmaceutical agents and the removal of
18superficial foreign bodies from an eye or from an appendage to the eye. The course
19of study shall be offered by an institution approved by the examining board and
20accredited by a regional or professional accrediting organization that is recognized
21by the council on postsecondary accreditation of Council for Higher Education
22Accreditation or its successor or
the federal department of education.
AB828, s. 42 23Section 42. 449.18 (2) (c) of the statutes is renumbered 449.18 (2) (a) 3. and
24amended to read:
AB828,14,4
1449.18 (2) (a) 3. The optometrist has passed an examination under sub. (3)
2conducted or approved by the examining board. The examining board shall
3periodically review the validity, reliability, and appropriateness of the examination
4that it conducts or approves under this subdivision
.
AB828, s. 43 5Section 43. 449.18 (2) (e) of the statutes is created to read:
AB828,14,86 449.18 (2) (e) A certificate issued under par. (a) or s. 449.18, 2003 stats.,
7remains in effect while the optometrist's license to practice optometry remains in
8effect unless the certificate is suspended or revoked by the examining board.
AB828, s. 44 9Section 44. 449.18 (3) and (4) of the statutes are repealed.
AB828, s. 45 10Section 45. 449.18 (4m) of the statutes is renumbered 449.18 (2) (d) and
11amended to read:
AB828,14,1312 449.18 (2) (d) No fee may be charged for the issuance or renewal of a certificate
13under this section par. (a).
AB828, s. 46 14Section 46. 449.18 (5) of the statutes is amended to read:
AB828,14,1915 449.18 (5) Removals from eyes. An optometrist who is certified under this
16section
allowed under sub. (1) to remove a foreign body from an eye or from an
17appendage to an eye
may not remove a foreign body from an eye or from an
18appendage to an eye if the foreign body is deeper than Bowman's layer of the cornea
19or deeper than the conjunctiva.
AB828, s. 47 20Section 47. 449.18 (6) (title) of the statutes is created to read:
AB828,14,2121 449.18 (6) (title) Use of therapeutic pharmaceuticals.
AB828, s. 48 22Section 48. 449.18 (6) (intro.) of the statutes is repealed.
AB828, s. 49 23Section 49. 449.18 (6) (a) of the statutes is renumbered 449.18 (6) (am) 1. and
24amended to read:
AB828,15,3
1449.18 (6) (am) 1. May not prescribe Prescribe or administer any therapeutic
2pharmaceutical agent that he or she is prohibited from prescribing or administering
3under the rules promulgated under sub. (8) par. (cm).
AB828, s. 50 4Section 50. 449.18 (6) (am) (intro.) of the statutes is created to read:
AB828,15,65 449.18 (6) (am) An optometrist who is allowed under sub. (1) to use therapeutic
6pharmaceutical agents may not do any of the following:
AB828, s. 51 7Section 51. 449.18 (6) (b) of the statutes is renumbered 449.18 (6) (bm), and
8449.18 (6) (bm) (intro.) and 1., as renumbered, are amended to read:
AB828,15,119 449.18 (6) (bm) (intro.) Shall An optometrist who is allowed under sub. (1) to
10use therapeutic pharmaceutical agents shall
include with each prescription order all
11of the following:
AB828,15,1312 1. A statement that he or she is certified under this section allowed under sub.
13(1) to use therapeutic pharmaceutical agents
.
AB828, s. 52 14Section 52. 449.18 (6) (c) of the statutes is renumbered 449.18 (6) (am) 2. and
15amended to read:
AB828,15,2016 449.18 (6) (am) 2. May not dispense Dispense, as defined in s. 450.01 (7), other
17than by prescribing or administering. This paragraph subdivision does not prohibit
18the optometrist from providing a complimentary sample of a therapeutic
19pharmaceutical agent to a patient to whom the optometrist has rendered therapeutic
20care.
AB828, s. 53 21Section 53. 449.18 (7) of the statutes is repealed.
AB828, s. 54 22Section 54. 449.19 of the statutes is amended to read:
AB828,16,3 23449.19 Referral to other specialists health care professionals. If, during
24the course of examining a person, an optometrist determines the existence of a
25pathological condition requiring treatment outside the scope of the practice of

1optometry, the optometrist shall so advise the person and shall refer the person to
2an appropriate medical specialist health care professional, as defined in s. 180.1901
3(1m),
for further evaluation.
AB828, s. 55 4Section 55. 961.39 (intro.) of the statutes is amended to read:
AB828,16,6 5961.39 Limitations on optometrists. (intro.) An optometrist who is certified
6allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents:
AB828, s. 56 7Section 56. 961.39 (2) of the statutes is amended to read:
AB828,16,108 961.39 (2) May prescribe or administer only those controlled substances
9included in schedules III, IV, and V that are permitted for prescription or
10administration under the rules promulgated under s. 449.18 (8) (6) (cm).
AB828, s. 57 11Section 57. 961.39 (3) (a) of the statutes is amended to read:
AB828,16,1312 961.39 (3) (a) A statement that he or she is certified allowed under s. 449.18
13(1) to use therapeutic pharmaceutical agents.
AB828, s. 58 14Section 58. Nonstatutory provisions.
AB828,16,1815 (1) Approvals transition. All approvals issued by the department of regulation
16and licensing under section 449.17 (2) and (4), 2003 stats., that are in effect on the
17effective date of this subsection remain in effect until their specified expiration date
18or until modified or rescinded by the optometry examining board.
AB828,16,2419 (2) Pending matters transition. Any matter pending with the department of
20regulation and licensing on the effective date of this subsection that relates to an
21approval under section 449.17 (2) or (4), 2003 stats., is transferred to the optometry
22examining board and all materials submitted to or actions taken by the department
23with respect to the pending matter are considered as having been submitted to or
24taken by the board.
AB828,16,2525 (3) Continuing education rules.
AB828,17,4
1(a) The optometry examining board shall submit in proposed form the rules
2required under section 449.06 (2m) of the statutes, as created by this act, to the
3legislative council staff under section 227.15 (1) of the statutes no later than the first
4day of the 10th month beginning after the effective date of this paragraph.
AB828,17,145 (b) Using the procedure under section 227.24 of the statutes, the optometry
6examining board may promulgate rules required under section 449.06 (2m) of the
7statutes, as created by this act, for the period before the effective date of the rules
8submitted under paragraph (a), but not to exceed the period authorized under section
9227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b),
10and (3) of the statutes, the optometry examining board is not required to provide
11evidence that promulgating a rule under this paragraph as an emergency rule is
12necessary for the preservation of the public peace, health, safety, or welfare and is
13not required to provide a finding of emergency for a rule promulgated under this
14paragraph.
AB828, s. 59 15Section 59. Initial applicability.
AB828,17,1716 (1) Examinations. The treatment of section 449.04 (2) (intro.) of the statutes
17first applies to examinations administered on the effective date of this subsection.
AB828,17,2018 (2) Endorsement. The treatment of sections 449.05 (2) and 449.055 (2), (5), and
19(6) of the statutes first applies to applications for licenses received on the effective
20date of this subsection.
AB828, s. 60 21Section 60. Effective date.
AB828,17,2322 (1) This act takes effect on the first day of the 4th month beginning after
23publication.
AB828,17,2424 (End)
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