LRB-5873/1
MED:cdc&wlj
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1226
April 11, 2024 - Introduced by Representatives CLANCY, STUBBS and MADISON.
Referred to Committee on Insurance.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal and recreate 449.07 (title); and to create 449.07 (2) and
449.08 (1) (f) of the statutes; relating to: spectacle lens prescriptions provided
by optometrists.
Analysis by the Legislative Reference Bureau
Under current law, an optometrist may be subject to professional discipline for
engaging in unprofessional conduct. The Optometry Examining Board has
promulgated rules specifying that unprofessional conduct includes failing to release,
at no cost to the patient, a copy of the patient's spectacle lens prescription or contact
lens prescription following release of the patient from contact lens fitting and initial
follow-up care. The board's rules further define “contact lens prescription” and “lens
prescription,” so as to specify the minimum requirements for such prescriptions.
This bill codifies into statute that unprofessional conduct by an optometrist
includes failing to release, at no cost to the patient, a copy of the patient's spectacle
lens prescription or contact lens prescription following release of the patient from
contact lens fitting and initial follow-up care. The bill further provides that the
board must define by rule what such prescriptions must include. However, the bill
specifically requires that a spectacle lens prescription include a measurement of the
patient's pupillary distance, which is not required under the board's current rules.
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MED:cdc&wlj
ASSEMBLY BILL 1226
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 449.07 (title) of the statutes is repealed and recreated to read:
449.07 (title) Disciplinary proceedings and actions.
SECTION 2. 449.07 (2) of the statutes is created to read:
449.07 (2) The examining board may, in addition to or in lieu of any disciplinary
action under sub. (1), assess a forfeiture of not more than $1,000 for each separate
offense against a person who violates sub. (1) (a) to (h). Each day of continued
violation constitutes a separate offense.
SECTION 3. 449.08 (1) (f) of the statutes is created to read:
449.08 (1) (f) Failing to release, at no cost to the patient, a copy of the patient's
ophthalmic lens prescription or contact lens prescription following release of the
patient from contact lens fitting and initial follow-up care. The examining board
shall, by rule, specify requirements for an ophthalmic lens prescription and contact
lens prescription for purposes this paragraph, but the rules shall require that an
ophthalmic lens prescription include a measurement of the patient's pupillary
distance.
(END)
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