Register May 2007 No. 617
Chapter Opt 5
UNPROFESSIONAL CONDUCT
Opt 5.04 Improper use of title.
Opt 5.05 Change of address.
Opt 5.07 Adequate equipment.
Opt 5.08 Performing minimum eye examination.
Opt 5.09 Performing minimum examination for fitting of contact lenses.
Opt 5.10 Patient records.
Opt 5.12 Delegation and supervision of unlicensed persons.
Opt 5.13 Unprofessional advertising.
Opt 5.16 Contact lens prescription release.
Ch. Opt 5 History
History: Chapter Opt 7 as it existed on January 31, 1971 was repealed, and a new chapter Opt 7 was created,
Register, January, 1971, No. 181, effective 2-1-71; chapter Opt 6, Issuance of License as it existed on August 31, 1985 was repealed and chapter Opt 7 was repealed and recreated as chapter Opt 6,
Register, August, 1985, No. 356, effective 9-1-85; Chapter Opt 6 was renumbered Chapter Opt 5, effective April 1, 1989.
Opt 5.01
Opt 5.01
Intent. The intent of the board in adopting the rules in this chapter is to establish minimum standards of conduct for optometrists and to specify reasons for taking disciplinary action against a licensee.
Opt 5.01 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; renum.
Register, March, 1989, No. 399, eff. 4-1-89; r. (1), renum. (2) to be Opt 5.01,
Register, September, 1997, No. 501, eff. 10-1-97.
Opt 5.02
Opt 5.02
Definitions. As used in this chapter:
Opt 5.02(1)
(1) "Contact lens prescription" means a prescription order for a contact lens that includes all of the following:
Opt 5.02(1)(a)
(a) The specifications needed to adequately duplicate a contact lens.
Opt 5.02(1)(b)
(b) The name, signature and license number of the prescribing optometrist.
Opt 5.02(2)
(2) "Extended-wear contact lenses" means contact lenses which have received federal food and drug administration approval for marketing for extended wear and are prescribed for use on an extended wear or overnight schedule.
Opt 5.02 Note
Note: Extended-wear contact lenses require premarket approval under section 515 of the Federal Food, Drug and Cosmetic Act,
21 USC 360e (1985). A copy of this provision is available at the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
Opt 5.02(3)
(3) "Grossly incompetent" as that term is used in s.
449.07 (1) (b), Stats., means the failure of a licensee or certificate holder to exercise that degree of care and skill which is exercised by the average practitioner who holds the same type of license or certificate, acting in the same or similar circumstances. Grossly incompetent specifically includes the inability to proficiently operate equipment and instruments described in
s. Opt 5.07.
Opt 5.02(4)
(4) "Lens prescription" means a written order that contains the specifications for ophthalmic materials for a particular patient for the purpose of treating the refractive or functional abilities of the visual system or the enhancement of visual performance.
Opt 5.02(5)
(5) "Limited eye screening" means an event where no spectacle prescription, contact lens prescription or treatment or management plan is generated.
Opt 5.02(6)
(6) "Signature" means a handwritten mark or an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Opt 5.02 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; emerg. cr. (1), eff. 12-17-85; renum. (1) to (3) to be (2) to (4), cr. (1),
Register, June, 1986, No. 366, eff. 7-1-86; renum.
Register, March, 1989, No. 399, eff. 4-1-89; renum. (1), (3) and (4) to be Opt 1.02 (1), (4) and (5), (2) to be (1), cr. (2),
Register, June, 1990, No. 414, eff. 7-1-90; cr. (intro.) and (1), renum. (1) to be (1m) and am.,
Register, September, 1997, No. 501, eff. 10-1-97;
CR 01-060: renum (1), (1m) and (2) to be (2) to (4) and am. (4), cr. (1),
Register December 2001 No. 552, eff. 1-1-02;
CR 05-036: cr. (5)
Register January 2006 No. 601, eff. 2-1-06;
CR 06-116: cr. (6)
Register May 2007 No. 617, eff. 6-1-07.
Opt 5.04
Opt 5.04
Improper use of title. It shall be unprofessional conduct for an optometrist to use the title "Doctor", or the initials "Dr.", in printed form unless the optometrist has been granted the title of doctor of optometry by an optometric college and unless the optometrist indicates in print in the same communication that he or she is an optometrist.
Opt 5.04 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; renum.
Register, March, 1989, No. 399, eff. 4-1-89; am.
Register, September, 1997, No. 501, eff. 10-1-97.
Opt 5.05
Opt 5.05
Change of address. An optometrist shall inform the board of any change in address or change in location of practice. It shall be unprofessional conduct to fail to comply with this section.
Opt 5.05 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; renum.
Register, March, 1989, No. 399, eff. 4-1-89.
Opt 5.06
Opt 5.06
Inspection. It shall be unprofessional conduct for an optometrist to fail to furnish to the board upon request information concerning the mode and location of practice. Every optometrist shall permit the board or a board representative to inspect his or her office, equipment and records during regular office hours.
Opt 5.06 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; renum.
Register, March, 1989, No. 399, eff. 4-1-89; am.
Register, September, 1997, No. 501, eff. 10-1-97.
Opt 5.07
Opt 5.07
Adequate equipment. It shall be unprofessional conduct for an optometrist to fail to have in good working order adequate equipment and instruments as are necessary to perform the minimum eye examination specified in
s. Opt 1.02 (5).
Opt 5.07 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1986, No. 366; renum.
Register, March, 1989, No. 399, eff. 4-1-89; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 1989, No. 399; am.
Register, June, 1990, No. 414, eff. 7-1-90; am.
Register, September, 1997, No. 501, eff. 10-1-97.
Opt 5.08
Opt 5.08
Performing minimum eye examination. Opt 5.08(1)(1) Except as provided in
sub. (2), it shall be unprofessional conduct for an optometrist to fail to perform the minimum eye examination at any of the following:
Opt 5.08(1)(a)
(a) The patient's initial examination with the optometrist.
Opt 5.08(1)(b)
(b) Any examination conducted more than one year after a minimum eye examination.
Opt 5.08(2)
(2) It shall not be unprofessional conduct to fail to perform the minimum eye examination in the following instances:
Opt 5.08(2)(a)
(a) Where the patient refuses or is unable to participate in any procedure of the minimum eye examination.
Opt 5.08(2)(b)
(b) At an examination for the diagnosis and management of eye disease or for the removal of superficial foreign bodies from an eye or from an appendage to the eye.
Opt 5.08(2)(c)
(c) Where written verification of all examination findings has been received from a licensed optometrist or an ophthalmologist stating that he or she has performed a minimum eye examination, as defined in
s. Opt 1.02 (5), for the patient within the 90 day period immediately preceding the date of the patient's visit.
Opt 5.08 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; renum.
Register, March, 1989, No. 399, eff. 4-1-89; r. and recr.
Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (intro.), (b), (2) (intro.) and (a), cr. (2) (c),
Register, September, 1997, No. 501, eff. 10-1-97;
CR 05-036: cr. (2) (d)
Register January 2006 No. 601, eff. 2-1-06.
Opt 5.09
Opt 5.09
Performing minimum examination for fitting of contact lenses. Except in cases where the patient is unable to participate, it shall be unprofessional conduct for an optometrist to fail to perform an examination as defined in
s. Opt 1.02 (4) in the fitting of contact lenses for a patient.
Opt 5.09 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1986, No. 366; renum.
Register, March, 1989, No. 399, eff. 4-1-89; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 1989, No. 399; am.
Register, June, 1990, No. 414, eff. 7-1-90.
Opt 5.10(1)(1) It shall be unprofessional conduct for an optometrist to fail to record and include in each patient's record the following information:
