The rules under CE requirements are silent as to any provision or exemptions regarding a “hardship," credit hour limitations in any specific topic or courses approved by COPE. Minnesota does have provisions for acceptable CE requirements and limitations including 40 hours of CE are required in a biennium, allows 15 credits of CE courses received from an alternative delivery method, no more than 8 credits in a biennium may be taken in an optometry related topic, and accept courses approved by Cope (Minnesota R 6500.0900 to 5400.1700).
Michigan:
The rules are silent as to performing a “limited eye screening" and Contact Lens Release.
The rules under CE requirements are silent as to any provision or exemptions regarding a “hardship" and CE courses received from an alternating delivery method. However, the rules do have provisions for acceptable CE requirements and limitations including 40 hours of CE are required in a biennium, no more than 8 credits in a biennium may be taken in an optometry related topic, and accept courses approved by Cope (Michigan R 338.256, 338.256a, 338.256b).
More may be found at:
Illinois:
The rules have a provision which is similar to that of the “limited eye screening" and is allowed under Illinois Rules Section 1320.1200 regarding Visual Screening: defined as a limited series of ocular observations, measurements or tests provided without a fee to determine if a complete eye examination, as described in Section 1320.90, by a licensed optometrist or a physician licensed to practice medicine in all of its branches, is recommended.
3) When a visual screening is performed, the recipient of the screening shall be clearly informed in writing and shall receive a copy of the following:
A) Results and limitations of the screening;
B) That the screening is not representative of or a substitute for an eye exam;
C) That the screening will not result in a prescription for visual correction:
D) That visual screening referral criteria for a complete eye examination must meet accepted optometric professional standards criteria; and
E) The name and address of the charitable organization sponsoring the screening and the chairperson of the supervisory committee.
The rules appear to be silent as to the release of contact lens prescriptions.
The rules under CE requirements are silent regarding CE courses received from an alternative delivery method, courses offered by COPE (with the exception of out-of-state CE courses), and maximum CE credits per topic in a biennium. However, the rules do have provisions for receiving a waiver for CE requirements in cases of Hardship and 24 hours of CE are required in a biennium.
Iowa:
The rules appear to be silent as to performing a “limited eye screening."
The rules have a provision under Iowa Rules Chapter 182.3 (2) for the release of contact lens prescription stating: After the contact lenses have been adequately adapted and the patient released from initial follow-up care by the prescribing practitioner, the prescribing practitioner shall, upon request of the patient, provide a copy of the contact lens prescription, at no cost, for the duplication of the original contact lens.
The rules under CE courses received from an alternative delivery method, and CE credit limits per topic, with the exception of Ocular Disease (20 hours per biennium). The rules do specify an exception for a hardship under Iowa's Rule Chapters
645—181.9(154,272C) Continuing education exemption for disability or illness. The board may, in individual cases involving disability or illness, grant exemptions of the minimum continuing education requirements or extension of time within which to fulfill the same or make the required reports. Iowa also accepts courses approved by Cope.
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rule change is necessary.
Determination of significant fiscal effect on the private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have minimal impact on the department's funds.
Effect on small business
These proposed rules are still being reviewed by the department's Small Business Review Advisory Committee to determine the economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to
pamela.haack@drl.state.wi.us. Comments must be received on or before June 13, 2005 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. Opt 5.02 (5) is created to read:
Opt 5.02 (5) “Limited eye screening" means an event where no spectacle prescription, contact lens prescription or treatment or management plan is generated.
SECTION 2. Opt 5.08 (2) (d) is created to read:
Opt 5.08 (2) (d) Where a limited eye screening is performed.
SECTION 3. The Note following Opt 5.10 (3) is amended to read:
Note: Federal Trade Commission
Rule Rules 16 CFR 315.3 and 16 CFR 456.2 (a)
requires require the release of
a spectacle
prescription but does not require the release of a and contact lens
prescription prescriptions. Under s.
Opt 5.16, it is unprofessional conduct for an optometrist to fail to release,
upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription following release of the patient from contact lens fitting and initial follow-up care.
SECTION 4. Opt 5.16 is amended to read:
Opt 5.16 Contact lens prescription release. It shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription following release of the patient from contact lens fitting and initial follow-up care.
SECTION 5. Opt 6.02 (3) is created to read:
Opt 6.02 (3) “Hardship" means serious illness, as determined by a licensed health care provider, or some other personal adversity, as determined by the board.
SECTION 6. The Note following Opt 6.03 (2) is repealed.
SECTION 7. Opt 6.04 (1) is amended to read:
Opt 6.04 Continuing education. (1) A certificate holder shall complete 30 hours of approved continuing education relating to diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye in each biennial registration period. Seven A minimum of 7 of the 30 hours must shall be in the diagnosis and management of approved glaucoma
education, and 2 of the 30 hours must relate to the responsible use of controlled substances and substance abuse concerns, new drugs used for ophthalmic therapeutic purposes which have been approved by the federal food and drug administration or other topics as designated by the board. Except as provided in sub. (2), approved continuing education hours shall relate to the diagnosis and management of eye disease or the removal of superficial foreign bodies from the eye or from an appendage to the eye.
SECTION 8. The Note following Opt 6.04 (1) is repealed.
SECTION 9. Opt 6.04 (2) is renumbered Opt 6.04 (2m).
SECTION 10. Opt 6.04 (2) is created to read:
Opt 6.04 (2) No more than a combined total of 6 hours of continuing education per biennium may be claimed for course work that relates to one or more of the following subject matter:
(a) Contact lens.
(b) Functional vision – pediatrics.
(c) General optometry.
(d) Low vision.
(e) Jurisprudence.
(f) Practice management.
SECTION 11. Opt 6.04 (6) and (7) are created to read:
Opt 6.04 (6) Except as provided in sub. (7), no more than a combined total of 6 hours of continuing education per biennium may be claimed for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board under s.
Opt 6.05 (5).
(7) The board may permit a certificate holder to claim more than 6 hours of continuing education per biennium for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board, if the credential holder submits evidence, satisfactory to the board, of hardship.
SECTION 12. Opt 6.05 (2) (a) and (b) are amended to read:
Opt 6.05 (2) (a) The subject matter of the course pertains to therapeutic pharmaceuticals, removal of superficial foreign bodies from the eye or from an appendage to the eye, responsible use of controlled substances and substance abuse concerns, new drugs used for ophthalmic therapeutic purposes which have been approved by the federal food and drug administration, or other topics as designated by the board the practice of optometry.
(b) The provider of the continuing education course agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course.
SECTION 13. Opt 6.05 (4) is repealed.
SECTION 14. Opt 6.05 (6) is renumbered Opt 6.05 (6) (intro.) and is amended to read:
Opt 6.05 (6) (intro.) A continuing education course approved by the council on optometric practitioner education Council on Optometric Practitioner Education (COPE) which satisfies the criteria established under sub. (2), and is included in one of the following categories established by COPE, may shall be approved by the board without receipt of a course approval application from the provider.:
SECTION 15. Opt 6.05 (6) (a) to (o) are created to read:
Opt 6.05 (6) (a) CL - Contact lens.
(b) FV - Functional vision – pediatrics.
(c) G – Glaucoma.
(d) GO - General optometry.
(e) JP – Jurisprudence.
(f) LV - Low vision.
(g) NO - Neuro-optometry.
(h) OS - Management of ophthalmic surgery.
(i) PD - Principles of diagnosis.
(j) PH – Pharmacology.
(k) PM - Practice management.
(L) RS - Refractive surgery management.
(m) SD - Systemic disease.
(n) TA - Treatment anterior segment.
(o) TP - Treatment posterior segment.
SECTION 16. The Note following Opt 6.05 (6) is amended to read:
Note: The Council on Optometric Practitioner Education (COPE) is a committee of the International Association of Boards of Examiners in Optometry, Inc., (IAB). An application for course approval by COPE may be obtained at 4330 East West Highway, Suite 1117, Bethesda, Maryland 20814-4408 1750 South Brentwood Boulevard, Suite 503, St. Louis, MO 63144-1341.
Notice of Hearing
Revenue
