CHAPTER 449
OPTOMETRY EXAMINING BOARD
449.015 Discrimination prohibited.
449.02 Licenses; exemptions.
449.03 Rule making; enforcement.
449.05 Qualification for examination.
449.07 Denial, limitation, suspension, revocation, reprimand.
449.08 Unprofessional conduct.
449.13 Wisconsin Vision Services, Inc.
449.15 Service insurance corporations for optometric care.
449.17 Use of diagnostic pharmaceuticals.
449.18 Removals from eyes; use of therapeutic pharmaceuticals.
449.19 Referral to other specialists.
Ch. 449 Cross-reference
Cross-reference: See definitions in s.
440.01.
Ch. 449 Cross-reference
Cross Reference: See also
Opt, Wis. adm. code.
449.01(1)(a)(a) The practice of the profession of optometry is defined as:
449.01(1)(a)1.
1. The employment of any optometric means, including topical ocular diagnostic pharmaceutical agents under
s. 449.17, to determine the visual efficiency of the human visual system, including refractive and functional abilities, or to diagnose the presence of ocular disease or ocular manifestations of systemic disease and other departures from normal.
449.01(1)(a)2.
2. The diagnosis and treatment of the refractive and functional ability of the visual system and enhancement of visual performance by any of the following:
449.01(1)(a)2.a.
a. Prescribing, furnishing, fitting or employing ophthalmic lenses, contact lenses, frames, aids or prosthetic materials.
449.01(1)(a)2.b.
b. Administering visual training, orthoptics, visual therapy or any other optometric means.
449.01(1)(a)2.c.
c. Prescribing or administering drugs for ocular therapeutic purposes or removing superficial foreign bodies from the eye or an appendage to the eye under
s. 449.18.
449.01(1)(a)3.
3. Examining into the fact, condition or cause of ocular health or disease, or treating or rendering advice regarding a condition or cause of ocular health or disease, by any optometric means or instrumentality.
449.01(1)(a)4.
4. Applying principles or techniques of optometric sciences in the diagnosis, prevention or treatment of a condition or cause of ocular health or disease.
449.01(1)(b)
(b) Except as provided in
par. (a), the practice of the profession of optometry does not include surgery or medical treatment.
449.01(2)
(2) Dispensing opticians. A dispensing optician is one who practices optical dispensing. The practice of optical dispensing comprises the taking of necessary facial measurements and the processing, fitting and adjusting of mountings, frames, lenses and kindred products in the filling of prescriptions of duly licensed physicians or optometrists for ophthalmic lenses. Duplications, replacements or reproductions not requiring optometric service may be done without prescription. Nothing herein contained shall change the responsibility of physician to patient, or optometrist to patient.
449.01(4)
(4) Examining board. In this chapter, "examining board" means optometry examining board.
449.015
449.015
Discrimination prohibited. Any agency of the state, county, municipality or school district shall accept the optometric services of optometrists licensed under this chapter, on the same basis as those of any other person authorized by law to render optometric services.
449.015 History
History: 1999 a. 85 s.
105.
449.02
449.02
Licenses; exemptions. 449.02(1)
(1) No person shall practice optometry within the meaning of this chapter without a license to do so and a valid certificate of registration issued by the examining board, except that a dispensing optician need not be so licensed for the practice of optical dispensing.
449.02(2)
(2) This section shall not apply to physicians and surgeons duly licensed as such in Wisconsin nor shall this section apply to the sale of spectacles containing simple lenses of a plus power only at an established place of business incidental to other business conducted therein, without advertising other than price marking on the spectacles, if no attempt is made to test the eyes. The term "simple lens" shall not include bifocals.
449.02 Cross-reference
Cross Reference: See also ch.
Opt 4, Wis. adm. code.
449.02 Annotation
Ophthalmic assistants performing functions within definition of optometry under delegation and supervision of ophthalmologist are not engaged in unlawful practice of optometry. Certified optometric technician who performs services within definition of optometry under delegation and supervision of licensed optometrist is engaged in unlicensed practice of optometry.
74 Atty. Gen. 146.
449.03
449.03
Rule making; enforcement. 449.03(1)
(1) No rule made by the examining board shall expand the practice of optometry or affect the practice of dispensing opticians, nor shall the examining board enact rules which forbid the employment of an optometrist or declare such employment unprofessional conduct, or prohibit the operation of an optometric department by optometrists in a mercantile establishment.
449.03(2)
(2) The chairperson or the secretary of the examining board shall cause actions to be instituted for violations of this chapter. The district attorney of the county in which the offense has been committed shall promptly prosecute upon being informed thereof from any source.
449.03 History
History: 1979 c. 162 s.
38 (10).
449.03 Cross-reference
Cross Reference: See also
Opt, Wis. adm. code.
449.03 Annotation
Under (1), the board is prohibited from enacting rules which affect the practice of dispensing opticians or forbidding the employment of an optometrist or declaring such employment unprofessional conduct. Feinberg v. Hasler,
63 Wis. 2d 268,
217 N.W.2d 334.
449.04(1)(1) Licenses to engage in the practice of optometry shall be issued only to persons who pass an examination conducted by the examining board. An applicant who qualifies under
s. 449.05 (1) may take any examination administered by the examining board upon payment of the fee specified in
s. 440.05 (1).
449.04(2)
(2) The examination shall include a written and practical examination, shall reasonably relate to the skills likely to be needed for an applicant to practice optometry in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise such skills. In regard to the written examination, the examining board may:
449.04(2)(a)
(a) Prepare, administer and grade the examination;
449.04(2)(b)
(b) Approve in whole or in part an examination prepared, administered and graded by the national board of examiners in optometry; or
449.04(2)(c)
(c) Approve and administer an examination prepared and graded by or under the direction of the national board of examiners in optometry.
449.04 History
History: 1977 c. 29,
418;
1991 a. 39.
449.04 Cross-reference
Cross Reference: See also ch.
Opt 3, Wis. adm. code.
449.05
449.05
Qualification for examination. 449.05(1)
(1) No person shall be examined by the board:
449.05(1)(b)
(b) Unless he or she presents proof satisfactory to the examining board that, subject to
ss. 111.321,
111.322 and
111.335, he or she does not have an arrest or conviction record;
449.05(1)(c)
(c) Unless the person has graduated from an accredited college of optometry approved and recognized by the examining board; and
449.05(1)(d)
(d) Unless the person has had 5 years' approved training in optometry, of which at least 3 years must have been in an accredited school or college of optometry.
449.05(2)
(2) Any person who is licensed in good standing to practice optometry in another state, having substantially similar requirements and granting equal privileges to residents of Wisconsin, may be issued a certificate in the discretion of the examining board upon passing an examination in pathology and practical optometry, payment of the fee specified in
s. 440.05 (1) and production of a certificate showing that the person has passed an examination in such other state and satisfactory evidence that the person has actually practiced there for 5 years.
449.05 Cross-reference
Cross Reference: See also ch.
Opt 3, Wis. adm. code.
449.06(1)(1) Persons practicing optometry shall, on or before the applicable renewal date specified under
s. 440.08 (2) (a), register with the department and pay the applicable renewal fee specified under
s. 440.08 (2) (a).
449.06(2)
(2) Every practicing optometrist shall display in a conspicuous place, at the entrance of his or her office, the name of the person so practicing therein and shall keep the certificate of registration conspicuously displayed in that place of business so that it can easily be seen and read.
449.06 History
History: 1977 c. 29;
1991 a. 39,
207.
449.06 Cross-reference
Cross Reference: See also ch.
Opt 7, Wis. adm. code.
449.07
449.07
Denial, limitation, suspension, revocation, reprimand. 449.07(1)(1) The examining board, by order, may reprimand and may deny, limit, suspend or revoke any license or certificate of registration if the licensee or registrant:
449.07(1)(a)
(a) Obtained the license or certificate through error or fraud;
449.07(1)(c)
(c) Is habitually drunk or addicted to the use of habit-forming drugs;
449.07(1)(d)
(d) Has been convicted in a court of competent jurisdiction, either within or without this state, of any violation of any law governing the practice of optometry or of any felony, subject to
ss. 111.321,
111.322 and
111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;
449.07(1)(e)
(e) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of optometry;
449.07(1)(f)
(f) Is guilty of immoral or unprofessional conduct;
449.07(1)(g)
(g) Continued practice, knowingly having an infectious or contagious disease; or
449.07(1)(h)
(h) If the applicant or registrant maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the examining board.
449.07(3)
(3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under
s. 440.13 (2) (c) or that is revoked under
s. 440.12.
