(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.
Section 10. Opt 5.045 is created to read:
Opt 5.045. Informed Consent. (1) Any optometrist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable optometrist standard is the standard for informing a patient under this section. The reasonable optometrist standard requires disclosure only of information that a reasonable optometrist would know and disclose under the circumstances.
(2) The optometrist’s duty to inform the patient under this section does not require disclosure of any of the following:
(a) Detailed technical information that in all probability a patient would not understand.
(b) Risks apparent or known to the patient.
(c) Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(d) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
(e) Information in cases where the patient is incapable of consenting.
(f) Information about alternate modes of treatment for any condition the optometrist has not included in his or her diagnosis at the time the optometrist informs the patient.
Section 11. Opt 5.05, 5.06, 5.07, 5.08, and 5.09 are repealed.
Section 12. Opt 5.10 (1) (intro) is amended to read:
Opt 5.10 (1) (intro) It shall be unprofessional conduct for an An optometrist to fail to shall record and include in each patient’s record all of the following information:
Section 13. Opt 5.10(1)(f) is created to read:
Opt 5.10 (1) (f) Documentation that alternate modes of treatment have been communicated to the patient and that informed consent has been obtained from the patient.
Section 14. Opt 5.10 (2) is amended to read:
Opt 5.10 (2) It shall be unprofessional conduct to fail to maintain patient Patient records shall be maintained for at least 6 years.
Section 15. Opt 5.10 (3) and (4) are repealed:
Section 16. Opt 5.11 (1) is repealed.
Section 17. Opt 5.12 and 5.13 are repealed.
Section 18. Opt 5.14 (1) is amended to read:
Opt 5.14 (1) It shall be unprofessional conduct for an An optometrist to fail to shall provide to any patient receiving extended-wear contact lenses a separate, written disclosure in not less than 12 point type, which includes the following language: “As with any drug or device, the use of extended-wear contact lenses is not without risk. A small, but significant, percentage of individuals wearing extended-wear lenses develop potentially serious complications which can lead to permanent eye damage. If you have any unexplained eye pain or redness, watering of the eye or discharge, cloudy or foggy vision, decrease in vision or sensitivity to light, remove your lenses and make arrangements to see your eye-care professional before wearing your lenses again. Regular inspection by a licensed eye-care professional is important to evaluate your eyes’ tolerance of extended wear lenses.”
Section 19. Opt 5.15 and 5.16 are repealed.
Section 20. Opt 7.03 and 7.04 are consolidated, renumbered Opt 7.03, and amended to read:
Opt 7.03 Renewal of certificate of registration. Persons practicing optometry shall on or before December 15 of each odd-numbered year renew their certificates of registration by registering with the department, certifying completion of the continuing education hours required under s. Opt 8.02 and paying the renewal fee specified in s. 440.08(2)(a), Stats. determined by the department under s. 440.03(9)(a), Stats. Opt 7.04 Failure to renew. An optometrist who fails to renew a certificate of registration by the renewal date in accordance with this section may not practice optometry until the certificate is renewed under s. Opt 7.05. Section 21. Opt 7.05 is repealed and recreated:
Opt 7.05. Late Renewal. (1) Renewal within 5 years. A person may renew his or her certificate of registration by paying the renewal fee determined by the department under s. 440.03(9)(a), Stats., pay a late renewal fee under s. 440.08 (3), Stats. and attesting to completion of the continuing education required under Opt 8.02. (2) Renewal after 5 years. A person who failed to renew a certificate of registration within 5 years after the renewal date holds an expired license and may not reapply for the license using the initial application process. This subsection does not apply to license holders who have unmet disciplinary requirements or whose license or certificate has been surrendered or revoked. A certificate of registration may be renewed after 5 years by complying with all of the following:
(a) Payment of the renewal fee required under s. 440.03(9)(a) and the late renewal fee. (b) Evidence of one of the following:
1. Holding an active license in good standing in another state.
2. Verification of all of the following occurring within the last 2 years:
a. Passing parts I, II and III of the National Board of Examiners in Optometry examination.
b. Passing the examination assessing knowledge of state laws and administrative rules regarding the practice of optometry.
c. 30 hours of approved continuing education.
Section 22. Opt 7.06 is created to read:
Opt 7.06 Reinstatement. A license holder who has unmet disciplinary requirements and failed to renew the certificate of registration within 5 years or whose license or certificate has been surrendered or revoked may apply to have the license or certificate reinstated in accordance with all of the following:
(1) Evidence of completion of the requirements in Opt 7.05 (2) if the license has not been active within 5 years.
(2) Evidence of completion of the disciplinary requirements, if applicable.
(3) Evidence of rehabilitation or change in circumstances warranting reinstatement.
