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Comments may be submitted to Jake Pelegrin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, held on a date to be determined, to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section 1. Opt 1.02 (7m) is created to read:
Opt 1.02 (7m) Telehealth” has the meaning given in s. 440.01 (1) (hm), Stats.
Section 2. Opt 1.03 is amended to read:
Opt 1.03 Delegation and supervision. Except as provided under s. Opt 5.03 (19) and (20), an optometrist may direct an unlicensed person working under the optometrist's supervision to perform any act that is within the optometrist's scope of practice. This includes performing telehealth with patients, as defined in s. Opt 1.02 (7m). The optometrist continues to be responsible for interpretation of test findings, as well as the diagnosis and management of any condition related to the care of the patient.
Section 3. Opt 5.03 (8) is amended to read:
Opt 5.03 (8) Practicing while knowingly having an infectious or contagious disease., except when practicing telehealth, as defined in s. Opt 1.02 (7m).
Section 4. Opt 5.045 (4) is created to read:
Opt 5.045 (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 telehealth provider.
Section 5. Opt 5.20 is created to read:
Opt 5.20 Telehealth
(1) The standards of practice and professional conduct under this chapter apply to a licensee regardless of whether health care service is provided in person or by telehealth.
(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.
Section 6. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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(END OF TEXT OF RULE)
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