Chapter Opt 5

Opt 5.03(22) (22) Failing to record and include in each patient’s record the information required under s. Opt 5.10.

Opt 5.03(24) (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.

Opt 5.03 Note Note: Federal Trade Commission Rules 16 CFR 315.3 and CFR 456.2 require the release of spectacle and contact lens prescriptions.

Opt 5.03(25) (25) Failing to release a patient’s records in accordance with s. 146.83, Stats.

Opt 5.03(26) (26) Failing to obtain informed consent under s. Opt 5.045.

Opt 5.03(27) (27) Violating any provision of ch. 449, Stats., or any rule of the board.

Opt 5.03 History History: CR 15-078: cr. Register December 2016 No. 732, eff. 1-1-17; CR 21-005: am. (16), (17) (a) 3., (b) 3., r. (23) Register June 2022 No. 798, eff. 7-1-22; CR 24-029: am. (8) Register June 2025 No. 834, eff. 7-1-25.

Opt 5.045 Opt 5.045 Informed Consent.

Opt 5.045(1) (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.

Opt 5.045(2) (2) The optometrist’s duty to inform the patient under this section does not require disclosure of any of the following:

Opt 5.045(2)(a) (a) Detailed technical information that in all probability a patient would not understand.

Opt 5.045(2)(b) (b) Risks apparent or known to the patient.

Opt 5.045(2)(c) (c) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

Opt 5.045(2)(d) (d) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

Opt 5.045(2)(e) (e) Information in cases where the patient is incapable of consenting.

Opt 5.045(2)(f) (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.

Opt 5.045(3) (3) If the patient is a minor or incompetent, the patient’s parent or legal guardian shall be informed of all disclosures required under sub. (1).

Opt 5.045(4) (4) An optometrist shall be responsible for informing a patient upon initiation of scheduling a visit, or within a reasonable amount of time in the event of a change of circumstances, if the visit is going to be performed by telehealth. The patient shall be provided with the name and contact information of the optometrist providing the telehealth care.

Opt 5.045 History History: CR 15-078: cr. Register December 2016 No. 732, eff. 1-1-17; CR 21-005: cr. (3) Register June 2022 No. 798, eff. 7-1-22; CR 24-029: cr. (4) Register June 2025 No. 834, eff. 7-1-25.

Opt 5.10 Opt 5.10 Patient records.

Opt 5.10(1) (1) An optometrist shall record and include in each patient’s record all of the following information:

Opt 5.10(1)(a) (a) Name and date of birth of the patient.

Opt 5.10(1)(b) (b) Date of examination and examination findings, including a clear and legible record of the tests performed, the results obtained, the prescription ordered and the patient’s far and near visual acuity obtained with the prescription ordered.

Opt 5.10(1)(c) (c) Date of the prescription.

Opt 5.10(1)(e) (e) Name, signature and license number of the examining optometrist.

Opt 5.10(1)(f) (f) Documentation that alternate modes of treatment have been communicated to the patient and prior informed consent has been obtained from the patient. If the patient is a minor or incompetent, documentation that prior consent for treatment was received from the patient’s parent or legal guardian.

Opt 5.10(2) (2) Patient records shall be maintained for at least 6 years.

Opt 5.10 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; renum. Register, March, 1989, No. 399, eff. 4-1-89; am. (3), cr. (4), Register, June, 1990, No. 414, eff. 7-1-90; am. (1) (intro.) to (d), Register, September, 1997, No. 501, eff. 10-1-97; CR 01-060: am. (3), Register December 2001 No. 552, eff. 1-1-02; CR 15-078: am. (1) (intro.), cr. (1) (f), am. (2), r. (3), (4) Register December 2016 No. 732, eff. 1-1-17; CR 21-005: r. (1) (d), am. (1) (f) Register June 2022 No. 798, eff. 7-1-22.

Opt 5.20 Opt 5.20 Telehealth.

Opt 5.20(1) (1) The standards of practice and professional conduct under this chapter apply to an optometrist regardless of whether health care service is provided in person or by telehealth.

Opt 5.20(2) (2) An optometrist who uses a telehealth visit to provide optometry services to a patient located in this state shall either be licensed as an optometrist by the board, shall apply for a temporary credential under the requirements of s. 440.094, Stats., or shall have endorsement and licensure by the board under s. 449.055, Stats., and ch. Opt 4.

Opt 5.20 History History: CR 24-029: cr. Register June 2025 No. 834, eff. 7-1-25.