AB828: Bill Text

AB828,13,13 449.18 (2) (a) 1. The optometrist is certified under s. 449.17, 2003 stats., or s. 449.17 (1m) (a) to use topical ocular diagnostic pharmaceutical agents.

AB828, s. 41 Section 41. 449.18 (2) (b) of the statutes is renumbered 449.18 (2) (a) 2. and amended to read:

AB828,13,22 449.18 (2) (a) 2. The optometrist has successfully completed 100 hours of approved study in the use of therapeutic pharmaceutical agents and the removal of superficial foreign bodies from an eye or from an appendage to the eye. The course of study shall be offered by an institution approved by the examining board and accredited by a regional or professional accrediting organization that is recognized by the council on postsecondary accreditation of Council for Higher Education Accreditation or its successor or the federal department of education.

AB828, s. 42 Section 42. 449.18 (2) (c) of the statutes is renumbered 449.18 (2) (a) 3. and amended to read:

AB828,14,4 449.18 (2) (a) 3. The optometrist has passed an examination under sub. (3) conducted or approved by the examining board. The examining board shall periodically review the validity, reliability, and appropriateness of the examination that it conducts or approves under this subdivision.

AB828, s. 43 Section 43. 449.18 (2) (e) of the statutes is created to read:

AB828,14,8 449.18 (2) (e) A certificate issued under par. (a) or s. 449.18, 2003 stats., remains in effect while the optometrist's license to practice optometry remains in effect unless the certificate is suspended or revoked by the examining board.

AB828, s. 44 Section 44. 449.18 (3) and (4) of the statutes are repealed.

AB828, s. 45 Section 45. 449.18 (4m) of the statutes is renumbered 449.18 (2) (d) and amended to read:

AB828,14,13 449.18 (2) (d) No fee may be charged for the issuance or renewal of a certificate under this section par. (a).

AB828, s. 46 Section 46. 449.18 (5) of the statutes is amended to read:

AB828,14,19 449.18 (5) Removals from eyes. An optometrist who is certified under this section allowed under sub. (1) to remove a foreign body from an eye or from an appendage to an eye may not remove a foreign body from an eye or from an appendage to an eye if the foreign body is deeper than Bowman's layer of the cornea or deeper than the conjunctiva.

AB828, s. 47 Section 47. 449.18 (6) (title) of the statutes is created to read:

AB828,14,21 449.18 (6) (title) Use of therapeutic pharmaceuticals.

AB828, s. 48 Section 48. 449.18 (6) (intro.) of the statutes is repealed.

AB828, s. 49 Section 49. 449.18 (6) (a) of the statutes is renumbered 449.18 (6) (am) 1. and amended to read:

AB828,15,3 449.18 (6) (am) 1. May not prescribe Prescribe or administer any therapeutic pharmaceutical agent that he or she is prohibited from prescribing or administering under the rules promulgated under sub. (8) par. (cm).

AB828, s. 50 Section 50. 449.18 (6) (am) (intro.) of the statutes is created to read:

AB828,15,6 449.18 (6) (am) An optometrist who is allowed under sub. (1) to use therapeutic pharmaceutical agents may not do any of the following:

AB828, s. 51 Section 51. 449.18 (6) (b) of the statutes is renumbered 449.18 (6) (bm), and 449.18 (6) (bm) (intro.) and 1., as renumbered, are amended to read:

AB828,15,11 449.18 (6) (bm) (intro.) Shall An optometrist who is allowed under sub. (1) to use therapeutic pharmaceutical agents shall include with each prescription order all of the following:

AB828,15,13 1. A statement that he or she is certified under this section allowed under sub. (1) to use therapeutic pharmaceutical agents.

AB828, s. 52 Section 52. 449.18 (6) (c) of the statutes is renumbered 449.18 (6) (am) 2. and amended to read:

AB828,15,20 449.18 (6) (am) 2. May not dispense Dispense, as defined in s. 450.01 (7), other than by prescribing or administering. This paragraph subdivision does not prohibit the optometrist from providing a complimentary sample of a therapeutic pharmaceutical agent to a patient to whom the optometrist has rendered therapeutic care.

AB828, s. 53 Section 53. 449.18 (7) of the statutes is repealed.

AB828, s. 54 Section 54. 449.19 of the statutes is amended to read:

AB828,16,3 449.19 Referral to other specialists health care professionals. If, during the course of examining a person, an optometrist determines the existence of a pathological condition requiring treatment outside the scope of the practice of optometry, the optometrist shall so advise the person and shall refer the person to an appropriate medical specialist health care professional, as defined in s. 180.1901 (1m), for further evaluation.

AB828, s. 55 Section 55. 961.39 (intro.) of the statutes is amended to read:

AB828,16,6 961.39 Limitations on optometrists. (intro.) An optometrist who is certified allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents:

AB828, s. 56 Section 56. 961.39 (2) of the statutes is amended to read:

AB828,16,10 961.39 (2) May prescribe or administer only those controlled substances included in schedules III, IV, and V that are permitted for prescription or administration under the rules promulgated under s. 449.18 (8) (6) (cm).

AB828, s. 57 Section 57. 961.39 (3) (a) of the statutes is amended to read:

AB828,16,13 961.39 (3) (a) A statement that he or she is certified allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents.

AB828, s. 58 Section 58. Nonstatutory provisions.

AB828,16,18 (1) Approvals transition. All approvals issued by the department of regulation and licensing under section 449.17 (2) and (4), 2003 stats., that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until modified or rescinded by the optometry examining board.

AB828,16,24 (2) Pending matters transition. Any matter pending with the department of regulation and licensing on the effective date of this subsection that relates to an approval under section 449.17 (2) or (4), 2003 stats., is transferred to the optometry examining board and all materials submitted to or actions taken by the department with respect to the pending matter are considered as having been submitted to or taken by the board.

AB828,16,25 (3) Continuing education rules.

AB828,17,4 (a) The optometry examining board shall submit in proposed form the rules required under section 449.06 (2m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.

AB828,17,14 (b) Using the procedure under section 227.24 of the statutes, the optometry examining board may promulgate rules required under section 449.06 (2m) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the optometry examining board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB828, s. 59 Section 59. Initial applicability.

AB828,17,17 (1) Examinations. The treatment of section 449.04 (2) (intro.) of the statutes first applies to examinations administered on the effective date of this subsection.

AB828,17,20 (2) Endorsement. The treatment of sections 449.05 (2) and 449.055 (2), (5), and (6) of the statutes first applies to applications for licenses received on the effective date of this subsection.

AB828, s. 60 Section 60. Effective date.

AB828,17,23 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB828,17,24 (End)