AB828, s. 44 9Section 44. 449.18 (3) and (4) of the statutes are repealed.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 of the statutes is repealed.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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