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Date of enactment: April 10, 2006
2005 Senate Bill 429 Date of publication*: April 20, 2006
* Section 991.11, Wisconsin Statutes 2003-04 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2005 WISCONSIN ACT 297
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
297,1 Section 1. 71.45 (4) of the statutes is amended to read:
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.
297,2 Section 2. 440.05 (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:
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):
297,3 Section 3. 440.08 (2) (a) (intro.) of the statutes is amended to read:
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:
297,4 Section 4. 449.02 (3) of the statutes is created to read:
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.
297,5 Section 5. 449.03 (title) of the statutes is amended to read:
449.03 (title) Rule making; enforcement Enforcement.
297,6 Section 6. 449.03 (2) of the statutes is renumbered 449.03.
297,7 Section 7. 449.04 (1) of the statutes is amended to read:
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).
297,8 Section 8. 449.04 (2) (intro.) of the statutes is amended to read:
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:
297,9 Section 9. 449.04 (2) (a) of the statutes is amended to read:
449.04 (2) (a) Prepare, administer, and grade the examination;.
297,10 Section 10. 449.04 (2) (b) of the statutes is amended to read:
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.
297,11 Section 11. 449.04 (2) (c) of the statutes is amended to read:
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.
297,12 Section 12. 449.05 (1) (intro.) of the statutes is renumbered 449.05 (intro.) and amended to read:
449.05 Qualification Qualifications for examination. (intro.) No person shall be examined by the board unless all of the following are satisfied:
297,13 Section 13. 449.05 (1) (b) of the statutes is renumbered 449.05 (1m) and amended to read:
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;.
297,14 Section 14. 449.05 (1) (c) of the statutes is renumbered 449.05 (2m) and amended to read:
449.05 (2m) Unless the The person has graduated from an accredited college of optometry approved and recognized by the examining board; and.
297,15 Section 15. 449.05 (1) (d) of the statutes is repealed.
297,16 Section 16. 449.05 (2) of the statutes is renumbered 449.055 (intro.) and amended to read:
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:
(1) The person has passed an examination in pathology and practical optometry, payment of.
(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.
(4) The person submits satisfactory evidence that the person has actually practiced there in the other state for 5 years.
297,17 Section 17. 449.055 (2) of the statutes is created to read:
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.
297,18 Section 18. 449.055 (5) of the statutes is created to read:
449.055 (5) The person satisfies the requirements under s. 449.05.
297,19 Section 19. 449.055 (6) of the statutes is created to read:
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.
297,20 Section 20. 449.06 (title) of the statutes is repealed and recreated to read:
449.06 (title) Renewal; continuing education.
297,21 Section 21. 449.06 (1) of the statutes is amended to read:
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).
297,22 Section 22. 449.06 (2) of the statutes is renumbered 449.065 and amended to read:
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.
297,23 Section 23. 449.06 (2m) of the statutes is created to read:
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.
297,24 Section 24. 449.08 (2) (intro.) and (a) of the statutes are consolidated, renumbered 449.08 (2) and amended to read:
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;.
297,25 Section 25. 449.08 (2) (d) of the statutes is repealed.
297,26 Section 26. 449.13 of the statutes is repealed.
297,27 Section 27. 449.15 of the statutes is repealed.
297,28 Section 28. 449.17 (1) of the statutes is created to read:
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:
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