CR 18-021 Rule Text

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…”

Section 449.06 (2m), Stats., provides that “the examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2 year period immediate 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.”

Related statute or rule:

None.

Plain language analysis:

Section 1 adds a definition of “hour” to clarify how to calculate continuing education events for the purposes of this chapter.

Section 2 modifies the designated continuing education topics from 7 hours of glaucoma education to 20 of the 30 hours relating to ocular health, conditions, or disease management. This change expands the subject matter designation.

Section 3 creates five new sections for Opt 8.02. Section Opt 8.02 (1c) provides that at least 20 hours must be completed in person, allowing for an increase to 10 hours which may be completed in alternative methods. Any course which is not in person must be approved by the Council on Optometric Practitioner Education (COPE), Joint Accreditation for Interprofessional Continuing Education, or by the Board. Section Opt 8.02 (1g) allows for additional hours to be completed by methods other than in person for cases of hardship. Section Opt 8.02 (1n) provides a clearer standard of what continuing education is required for a new licensee’s first renewal. Sections Opt 8.02 (1r) and (1w) clarify that licensees who are not authorized to use diagnostic and therapeutic agents may not use continuing education courses on those topics to satisfy their renewal requirements.

Section 4 repeals provisions relating to topics which have been clarified by new provisions in Section 3. Sections Opt 8.02 (2) and (3) have been clarified by the new sections Opt 8.02 (1r) and (1w). The revision in Section 2 eliminates the need for Section Opt 8.02 (4). Section Opt 8.02 (1n) simplifies the repealed Section Opt 8.02 (8), which required licensees who are licensed in the middle of a biennium to prorate their continuing education. Lastly, Sections Opt 8.02 (9) and (10), related to alternative delivery methods, are repealed as the topic is now addressed in Section Opt 8.02 (1c).

Section 5 lists the organizations which provide approved continuing education. If a continuing education course is provided by an organization not on the approved list then the organization can apply for approval by supplying the listed information. The provider also agrees to provide a certificate of attendance to each participant. A Note is included with information on how to obtain the form referenced in Opt 8.03 (2).

Section 6 states that this rule change will take effect at the start of the next biennium.

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

None.

Comparison with rules in adjacent states:

Illinois: Illinois requires 30 hours of continuing education every two years. At least 12 hours of credit shall be certified by an approved optometry college, osteopathic or medical college, or pharmacy college. The remaining continuing education may be earned through papers published, teaching students at an optometry school, and self-instruction or video teleconferencing that is sponsored by any approved optometry college, institution or national or state optometry association. A program sponsor requesting approval shall submit an application with a list of all courses and programs offered, including a description, location, date and time the course is offered. [Section 1320.80, Illinois Admin Code]

Iowa: Iowa requires 50 hours of continuing education every two years. Only 10 hours of credit is allowed for correspondence or local study group programs. There is also a limit on the number of credit hours in the following topics: practice management courses (limit of 6 hours); dependent adult abuse and child abuse identification (limit of 2 hours) and postgraduate study courses (limit of 20 hours). Continuing education may be taken through programs sponsored by COPE, associations, and optometry schools. [Chapter 181, Iowa Admin. Rules]

Michigan: Michigan requires 40 hours of continuing education every two years. A licensee who holds a certification to administer topical ocular diagnostic pharmaceutical agents or certification to administer and prescribe therapeutic pharmaceutical agents or both shall complete 20 hours of board approved continuing education in pharmacological management of ocular conditions. Each licensee is required to complete at least 1 hour of continuing education in pain and symptom management. Approved continuing education includes courses approved by COPE or other continuing education programs that are approved by the Board. A program sponsor requesting approval shall submit an application with the clinical optometry program content, instructor credentials, description of delivery method and of physical facilities used, number of lecture hours on the content, and attendance monitoring plan. [R 338.319, Mich. Admin. Code]

Minnesota: Minnesota requires 40 continuing education credits every two years. Licensees may acquire up to 15 hours through home study, up to 6 hours on practice management, and up to 7 by providing medical eye care and eyeglasses helping underserved people. Licensees may also obtain continuing education credits for presentation of a lecture or for preparation of articles or books accepted for publication. A program sponsor requesting approval from the Board must submit a program, schedule, and course description to the Board. [Minnesota Rules Parts 6500.0900 to 6500.1700]

Summary of factual data and analytical methodologies:

The Optometry Examining Board reviewed and updated the rule.

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

The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. 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:

Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before May 31, 2018 at 9:00 am to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. Opt 8.01 (4) is created to read:

(4) “Hour” means a 50 to 60 minute period of lecture.

Section 2. Opt 8.02 (title) and (1) are amended to read:

Opt 8.02 Continuing education requirements. (1) A licensee shall complete 30 hours of approved continuing education in each biennial registration period. A minimum of 7 20 of the 30 hours shall be approved glaucoma education. relate to ocular health, conditions, or disease management.

Section 3. Opt 8.02 (1c), (1g), (1n), (1r), and (1w) are created to read:

(1c)  At least 20 of the 30 hours of approved continuing education required under sub. (1) shall be completed by attending programs in person. Any programs not completed in person shall be COPE approved programs or programs approved under s. Opt 8.03 (2).

(1g) In cases of hardship, a licensee may apply to the board for any of the following:

(a) Approval of less than 20 hours of in person continuing education under sub (1g).

(b) Approval of a continuing education program under s. Opt 8.03 (2).

(1n) An optometrist who by the renewal date has been licensed for one year or less from the date issued shall not be required to report continuing education for the first renewal of the license. An optometrist who by the renewal date holds a license for more than one year and less than 2 years shall be required to report 15 hours of approved continuing education for the first renewal of the license.

(1r) An optometrist who is not authorized to use therapeutic pharmaceutical agents may not satisfy the continuing education requirements with programs relating to the use of therapeutic pharmaceutical agents or the removal of foreign bodies from any eye or from an appendage to the eye.

(1w) An optometrist who is not authorized to use diagnostic pharmaceutical agents may not satisfy the continuing education requirements with programs relating to the use of diagnostic pharmaceutical agents.

Section 4. Opt 8.02 (2), (3), (4), (8), (9) and (10) are repealed.