AB828: Bill Text

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.

AB828, s. 12 Section 12. 449.05 (1) (intro.) of the statutes is renumbered 449.05 (intro.) and amended to read:

AB828,6,19 449.05 Qualification Qualifications for examination. (intro.) No person shall be examined by the board unless all of the following are satisfied:

AB828, s. 13 Section 13. 449.05 (1) (b) of the statutes is renumbered 449.05 (1m) and amended to read:

AB828,6,24 449.05 (1m) Unless he or she The person presents proof satisfactory to the examining board that, subject to ss. 111.321, 111.322, and 111.335, he or she does not have an arrest or conviction record;.

AB828, s. 14 Section 14. 449.05 (1) (c) of the statutes is renumbered 449.05 (2m) and amended to read:

AB828,7,4 449.05 (2m) Unless the The person has graduated from an accredited college of optometry approved and recognized by the examining board; and.

AB828, s. 15 Section 15. 449.05 (1) (d) of the statutes is repealed.

AB828, s. 16 Section 16. 449.05 (2) of the statutes is renumbered 449.055 (intro.) and amended to read:

AB828,7,13 449.055 Endorsement. (intro.) Any The examining board may issue a license and certificate of registration to a person who is licensed in good standing to practice optometry in another state, having that has substantially similar requirements and granting equal privileges to residents of Wisconsin, may be issued a certificate in the discretion of the examining board upon passing if all of the following conditions are satisfied:

AB828,7,15 (1) The person has passed an examination in pathology and practical optometry, payment of.

AB828,7,18 (3) The person pays the fee specified in s. 440.05 (1) and production of a certificate showing that the person has passed an examination in such other state and.

AB828,7,20 (4) The person submits satisfactory evidence that the person has actually practiced there in the other state for 5 years.

AB828, s. 17 Section 17. 449.055 (2) of the statutes is created to read:

AB828,7,24 449.055 (2) The person passes an examination that tests knowledge of state and federal laws and administrative rules and regulations regarding the practice of optometry.

AB828, s. 18 Section 18. 449.055 (5) of the statutes is created to read:

AB828,8,1 449.055 (5) The person satisfies the requirements under s. 449.05.

AB828, s. 19 Section 19. 449.055 (6) of the statutes is created to read:

AB828,8,5 449.055 (6) The person has completed the study specified in ss. 449.17 (1m) (b) and 449.18 (2) (a) 2. and passes the examinations specified in ss. 449.17 (1m) (c) and 449.18 (2) (a) 3.

AB828, s. 20 Section 20. 449.06 (title) of the statutes is repealed and recreated to read:

AB828,8,7 449.06 (title) Renewal; continuing education.

AB828, s. 21 Section 21. 449.06 (1) of the statutes is amended to read:

AB828,8,13 449.06 (1) Persons practicing optometry shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), register with the department and, pay the applicable renewal fee specified under s. 440.08 (2) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).

AB828, s. 22 Section 22. 449.06 (2) of the statutes is renumbered 449.065 and amended to read:

AB828,8,20 449.065 Display of registration. Every practicing optometrist shall display in a conspicuous place, at the entrance of his or her office, the name of the person so practicing therein and shall keep the certificate of registration issued by the examining board conspicuously displayed in that place of business so that it can easily be seen and read.

AB828, s. 23 Section 23. 449.06 (2m) of the statutes is created to read:

AB828,9,3 449.06 (2m) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.

AB828, s. 24 Section 24. 449.08 (2) (intro.) and (a) of the statutes are consolidated, renumbered 449.08 (2) and amended to read:

AB828,9,8 449.08 (2) Unprofessional advertising includes without limitation because of enumeration: (a) Advertising advertising professional superiority or the performance of professional services in a superior manner; .

AB828, s. 25 Section 25. 449.08 (2) (d) of the statutes is repealed.

AB828, s. 26 Section 26. 449.13 of the statutes is repealed.

AB828, s. 27 Section 27. 449.15 of the statutes is repealed.

AB828, s. 28 Section 28. 449.17 (1) of the statutes is created to read:

AB828,9,15 449.17 (1) Applicability. An optometrist may use topical ocular diagnostic pharmaceutical agents only if the optometrist establishes a plan specified in sub. (2) and if one of the following applies:

AB828,9,17 (a) The examining board initially issues a license to practice optometry to the optometrist on or after the effective date of this paragraph .... [revisor inserts date].

AB828,9,19 (b) The department issued a certificate to the optometrist under s. 449.17, 2003 stats.

AB828,9,22 (c) The examining board issues a certificate under sub. (1m) to an optometrist issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date].

AB828, s. 29 Section 29. 449.17 (1m) of the statutes is created to read:

AB828,9,25 449.17 (1m) Licenses issued before the effective date of this subsection .... [revisor inserts date]. (a) The examining board shall certify an optometrist to use topical ocular diagnostic pharmaceutical agents if the optometrist was issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date], and the optometrist satisfies the education requirements under par. (b) and successfully completes an examination under par. (c).

AB828, s. 30 Section 30. 449.17 (2) of the statutes is amended to read:

AB828,10,10 449.17 (2) Plan. Topical ocular diagnostic pharmaceutical agents may be used only by optometrists who have established a plan approved by the secretary after consultation with the examining board and the medical examining board for the referral of patients who experience adverse reactions from the application of such agents to appropriate medical services.

AB828, s. 31 Section 31. 449.17 (3) of the statutes is renumbered 449.17 (1m) (c) and amended to read:

AB828,10,24 449.17 (1m) (c) Topical ocular diagnostic pharmaceutical agents may be used only by The examining board may issue certificates under par. (a) only to optometrists who successfully complete an examination approved or conducted by the examining board on the subject of general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents, including the treatment of any adverse reactions that may occur to such pharmaceutical agents. The examination shall be prepared or approved by the department in consultation with the examining board, the medical examining board and the pharmacy examining board. The department examining board shall periodically review the validity, reliability, and appropriateness of the examination. In regard to the examination, the department The examining board may do any of the following:

AB828,10,25 1. Prepare, administer, and grade the examination ;.

AB828,11,4 2. Approve in whole or in part an examination prepared, administered, and graded by the national board of examiners in optometry or by the optometry examining board; or another examination provider approved by the examining board.

AB828,11,7 3. 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.

AB828, s. 32 Section 32. 449.17 (4) of the statutes is renumbered 449.17 (1m) (b) and amended to read:

AB828,11,23 449.17 (1m) (b) In addition to the requirements of sub. (3), under par. (c), the examining board may issue certificates under par. (a) only to optometrists who wish to use topical ocular diagnostic pharmaceutical agents shall successfully complete 60 classroom hours of study in general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents. At least 30 of the 60 classroom hours of study shall be in ocular pharmacology and shall emphasize the systemic effects of and reactions to pharmaceutical agents, including the treatment of any adverse reactions that may occur. The course of study shall be offered by an institution approved by the secretary examining board and accredited by a regional or professional accrediting organization which is recognized by the council on post-secondary accreditation and the U.S. office Council for Higher Education Accreditation or its successor or the federal department of education, and shall be completed prior to entering the examination required by sub. (3) under par. (c).

AB828, s. 33 Section 33. 449.17 (6) of the statutes is repealed.

AB828, s. 34 Section 34. 449.17 (7) of the statutes is renumbered 449.17 (1m) (d) and amended to read:

AB828,12,7 449.17 (1m) (d) No fee may be charged for a certificate issued under this section subsection. A certificate issued under this section subsection or s. 449.17, 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 department examining board.

AB828, s. 35 Section 35. 449.17 (8) (title) of the statutes is created to read:

AB828,12,9 449.17 (8) (title) Reimbursement prohibited.