CR 15-078 Rule Text

The examining board may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal under ch. 449, that the examining board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the examination requirements that must be completed in order to obtain an initial credential from the examining board. s. 440.08 (3) (b), Wis. Stats.

The board shall promulgate rules implementing informed consent standard. s. 449.25 (2), Wis. Stats.

Related statute or rule: N/A

Plain language analysis:

This proposed rule updates the Opt 3 and Opt 5 chapters

Section 2 indicates the requirements for an application rather than the requirements for examination. The change is necessitated by 2013 Act 114 which prohibits a postsecondary education or other program be completed before the person is eligible to take an examination.

Section 3 repeals examination provisions which are redundant or obsolete.

Section 4 repeals and recreates the passing scores provision in order to be more precise. The passing score on each examination is determined by the board and the board may adopt the recommended passing score.

Section 5 repeals examination provisions which are obsolete or redundant.

Section 6 amends the intent of the chapter to specify the actions the board may take against a licensee.

Section 7 clarifies grossly incompetent includes the failure to have working equipment to do a minimum eye exam.

Section 8 creates a numeration of items which constitute unprofessional conduct in a clear, concise and updated manner. As a result, Sections 9, 11, 15, 16, 17 and 19 repeal provisions which are included in the new Opt 5.03.

Section 10 creates the informed consent reasonable optometrist standard required under 2013 Act 345.

Sections 12, 13 and 14 update the recordkeeping requirements. These sections are primarily clean-up language with the exception of the creation of a provision to reflect that documentation of obtaining informed consent is required in the patient’s records.

Section 18 cleans-up language resulting from the new Opt 5.03.

Section 20 consolidates Opt 7.03 and 7.04 and updates the language to reflect that the renewal fee is no longer listed in statutes but determined by a statutory process.

Section 21 recreates the late renewal provisions to clarify the different requirements based upon whether the late renewal occurs within or after 5 years. Renewal within 5 years requires payment of the fees (renewal and late) and attesting to completion of the continuing education requirements. Renewal after 5 years requires payment of the renewal and late fees, and either proof of an active license in another state or passing the national and state exams and completion of 30 hours of approved continuing education to ensure competency.

Section 22 creates a new provision relating to reinstatement of a credential. This provision pertains to a person who has not renewed their license for more than 5 years with unmet requirements from a previous disciplinary action or the license has been surrender or revoked. A person may apply to have the credential reinstated by submitting evidence of completion of any applicable disciplinary requirements, rehabilitation or change in circumstances warranting reinstatement and if the person has not held a license in more than 5 years completion of the requirements for late renewal after 5 years.

Summary of, and comparison with, existing or proposed federal regulation:

The only federal regulation related to this rule is the Federal Trade Commission Rules 16 CFR 315.3 and CFR 456.02 requires the release of spectacle and contact lens prescriptions to the patient at no cost.

Comparison with rules in adjacent states:

Illinois: Illinois lists the requirements for licensure (and not the requirements for examination). Illinois lists grounds for discipline including conviction, misrepresentation, professional incompetence or gross negligence, fraud, addiction to alcohol or drugs, discipline by another state, practice outside the scope, immoral conduct, failure to perform a minimum eye examination, gross and willful overcharging for professional services, and misleading advertising. Renewal of a license after three years requires payment of fees, proof of current certification in cardiopulmonary resuscitation, completion of continuing education requirements, evidence of education or experience of fitness to practice or passage of Part III of the national examination.

Iowa: Iowa lists the requirements for licensure (and not the requirements for examination). Iowa lists the grounds for discipline including fraud, professional incompetency, practice outside the scope of the profession, misleading advertising, habitual intoxication or addiction, diversion of drugs, falsification of records, negligence, conviction of a crime related to the profession, disciplinary action in another state; violation of board orders, and unethical conduct. A late renewal for five years or less requires verification of license in other jurisdictions and completion of 50 of continuing education within 2 years preceding renewal. A late renewal more than 5 years requires verification of license in other jurisdiction, completion of 100 hours of continuing education with 2 years of renewal or current CELMO certification and 50 hours of continuing education within 2 years of renewal. A license which has been revoked, suspended or surrendered must meet any unmet disciplinary requirements, provide evidence of facts sufficient to enable the board to determine that the basis no longer exists and it is the public interest for the license to be reinstated.

Michigan: Michigan lists the requirements for licensure (and not the requirements for examination). Michigan does not list unprofessional conduct activities. After a license has lapse, it can be renewed with the submission of fees, 40 hours of continuing education completed within the 2 year period immediately preceding renewal and a minimum score of 75 on the Michigan laws and rules.

Minnesota: Minnesota lists the requirements for licensure (and not the requirements for examination). Minnesota does not list unprofessional conduct activities. Reinstatement of an expired license (late renewal) requires payment of renewal and penalty fees and proof of completion of continuing education. Reinstatement of a revoked or suspended license requires evidence of full rehabilitation from the offense and complies with all other reasonable conditions imposed by the board.

Summary of factual data and analytical methodologies:

The Board reviewed, updated and reorganized the chapters to remove obsolete provisions, reflect current practices and technologies and clarify provisions. In addition, the Board implemented 2013 Act 114 and 2013 Act 345.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

Economic impact comments were solicited by posting the proposed rule for 14 days and no comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. Ch. Opt 3 (title) is amended to read:

EXAMINATION FOR LICENSURE

Section 2. Opt 3.02 is repealed and recreated:

Opt 3.02 Application. An applicant for licensure as an optometrist shall submit all of the following:

(1) An application and required fee under s. 440.05, Stats.

(2) Official documentation of graduation from a program accredited by the Accreditation Council on Optometric Education (ACOE).

(3) Verification of passing parts I, II and III of the National Board of Examiners in Optometry examination.

(4) Verification of passing the examination assessing knowledge of state laws and administrative rules regarding the practice of optometry.

(5) If the applicant has an arrest or conviction record, documentation necessary for the board to determine whether the circumstances substantially relate to the practice of optometry, subject to ss. 111.321, 111.322 and 111.335, Stats.

Section 3. Opt 3.03, 3.04, 3.05, and 3.06 are repealed.

Section 4. Opt 3.07 is repealed and recreated to read: