Wis. Admin. Code Optometry Examining Board § 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 procedures specified in s. Opt 1.02 (4).
(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. A minimum eye examination for the fitting
of contact lenses as defined in s. Opt 1.02 (5).
(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 (4), 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.
(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.
Notes
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