STATE OF WISCONSIN
Optometry Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
OPTOMETRY EXAMINING BOARD
ORDER OF THE OPTOMETRY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 15-078)
ORDER
An order of the Optometry Examining Board to repeal Opt 3.03, 3.04, 3.05, 3.06, 3.09, 3.10, 3.11, 3.12, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10 (3) and (4), 5.11 (1), 5.12, 5.13, 5.15 and 5.16; to consolidate, renumber and amend Opt 7.03 and 7.04; to amend Opt 5.01, 5.02 (3), 5.10 (1) (intro), 5.10 (2) and 5.14 (1); to repeal and recreate Opt 3.02, 3.07 and 7.05; and to create Opt 5.03, 5.045, 5.10 (1) (f), and 7.06, relating to licensure applications, renewals, reinstatements, unprofessional conduct and informed consent.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession. s. 15.08 (5) (b) The credentialing board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the credentialing board grants or issues. s. 440.071(1), Wis. Stats. 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.
