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 Jeff.Weigand@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Ch. Opt 3 (title) is amended to read: EXAMINATION FOR LICENSURE
Section 2. Opt 3.02 is repealed and recreated:
Opt 3.02 Application. An applicant for licensure as an optometrist shall submit all of the following:
(1) An application and required fee under s. 440.05, Stats. (2) Official documentation of graduation from a program accredited by the Accreditation Council on Optometric Education (ACOE).
(3) Verification of passing parts I, II and III of the National Board of Examiners in Optometry examination.
(4) Verification of passing the examination assessing knowledge of state laws and administrative rules regarding the practice of optometry.
(5) If the applicant has an arrest or conviction record, documentation necessary for the board to determine whether the circumstances substantially relate to the practice of optometry, subject to ss. 111.321, 111.322 and 111.335, Stats. Section 3. Opt 3.03, 3.04, 3.05, and 3.06 are repealed.
Section 4. Opt 3.07 is repealed and recreated to read:
Opt 3.07. Passing scores. The passing score on each examination is determined by the board to represent minimum competence. The board may adopt the recommended passing score of the examination provider.
Section 5. Opt 3.09, 3.10, 3.11 and 3.12 are repealed.
Section 6. Opt 5.01 is amended to read:
Opt 5.01 Intent. The intent of the board in adopting the rules in this chapter is to establish minimum standards of conduct for optometrist and to specify reasons for taking disciplinary action against a licensee the board may reprimand, deny, limit, suspend or revoke any license or certificate of registration.
Section 7. Opt 5.02 (3) is amended to read:
Opt 5.02(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 the failure to have in good working order adequate equipment and instruments as are necessary to perform the minimum eye examination. Section 8. Opt 5.03 is created to read:
Opt 5.03 Unprofessional Conduct. Unprofessional conduct by an optometrist includes any of the following:
(1) Engaging in any practice which constitutes a danger to health, welfare, or safety of a patient or the public.
(2) Engaging in conduct in the practice of optometry which evidences a lack of knowledge or ability to apply professional principles or skills.
(3) Practicing or attempting to practice beyond the scope of practice.
(4) Practicing in a manner which demonstrates the optometrist is grossly incompetent.
(5) Obtaining a license through fraud.
(6) Obtaining or attempting to obtain anything of value by fraudulent representation in the practice of optometry.
(7) Practicing or attempting to practice while the ability to perform services is impaired by physical, mental or emotional disorder, drugs, or alcohol.
(8) Practicing while knowingly having an infectious or contagious disease.
(9) Any conduct of a character likely to deceive or defraud the public.
(10) Loaning of an optometric license or certificate to anyone.
(11) Splitting or dividing any fee for optometric service with any person, except an associate licensed optometrist.
(12) Using 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 printing in the same communication that he or she is an optometrist.
(13) Failing to notify the board of any change in address or change in location of practice within 30 days.
(14) Failing to furnish to the board upon request information concerning the mode and location of practice.
(15) Failing to permit the board or a board representative to inspect his or her office, equipment and records during regular office hours.
(16) Failing 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).
(17) (a) Except as provided in par. (b), failing to perform the minimum eye examination at any of the following:
1. The patient’s initial examination with the optometrist.
2. Any examination conducted more than one year after a minimum eye examination.
3. An examination for the fitting of contact lenses as defined in s. Opt. 1.02 (4).
(b) It shall not be unprofessional conduct to fail to perform the minimum eye examination in any of the following instances:
1. Where the patient refuses or is unable to participate in any procedure of the minimum eye examination.
2. 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.
3. Where written verification of all examination findings has been received from a licensed optometrist or an ophthalmologist, stating that a minimum eye examination, as defined in s. Opt 1.02(5), has been performed for the patient within the 6 month period immediately preceding the date of the patient’s visit. 4. Where a limited eye screening is performed.
(18) Advertising in a manner that is false, fraudulent, misleading, or deceptive including any of the following:
(a) Statements creating false, fraudulent, or unjustified expectations of favorable results including advertising professional superiority or the performance of professional services in a superior manner.
(b) Making comparisons with other optometrists which are false, fraudulent, misleading or deceptive.
(c) Statements containing representations that would be likely to cause a reasonable person to misunderstand or be deceived.
(d) Seeking to obtain patients by advertising or other forms of solicitation in a manner that is false, fraudulent, misleading, or deceptive.
(19) Delegating the prescribing of pharmaceutical agents or the removal of foreign bodies from an eye or from an appendage to the eye, to an unlicensed person.
(20) Delegating the performance of tasks related to the practice of optometry to an unlicensed person that exceeds that person’s competence, education, training, or experience.
(21) Failing to exercise supervision over an unlicensed person, as provided under s. Opt 1.03. (22) Failing to record and include in each patient’s record the information required under s. Opt 5.10. (23) Failing to provide a written disclosure to any patient receiving extended-wear contact lenses as required under s. Opt 5.14. (24) 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.
Note: Federal Trade Commission Rules 16 CFR 315.3 and CFR 456.2 require the release of spectacle and contact lens prescriptions. (25) Failing to release a patient’s records in accordance with s. 146.83, Stats. (26) Failing to obtain informed consent under s. Opt 5.045. (27) Violating any provision of ch. 449, Stats., or any rule of the board. Section 9. Opt 5.04 is repealed.
