Chapter 449

CHAPTER 449

OPTOMETRY EXAMINING BOARD

449.01   Definitions.

449.015   Discrimination prohibited.

449.02   Licenses; exemptions.

449.03   Enforcement.

449.04   Examination and licensure.

449.055   Endorsement.

449.06   Renewal; continuing education.

449.065   Display of registration.

449.07   Denial, limitation, suspension, revocation, reprimand.

449.08   Unprofessional conduct.

449.09   Investigations.

449.10   Advertising.

449.11   Penalties.

449.12   Interpretation.

449.17   Use of diagnostic pharmaceuticals.

449.18   Removals from eyes; use of therapeutic pharmaceuticals.

449.19   Referral to other health care professionals.

449.20   Civil immunity.

449.25   Informed consent.

Ch. 449 Cross-reference Cross-reference: See definitions in s. 440.01.

Ch. 449 Cross-reference Cross-reference: See also Opt, Wis. adm. code.

449.01 449.01 Definitions.

449.01(1) (1) Optometry.

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, dispensing contact lenses that deliver a therapeutic pharmaceutical agent under s. 449.18 (6) (am) 2. b., 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.

449.01 History History: 1977 c. 83, 280; 1979 c. 32; 1989 a. 31; 1999 a. 85; 2009 a. 168.

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(3) (3) This section does not apply to a person who practices optometry under the supervision of an optometrist licensed under this chapter. The examining board shall promulgate rules specifying the conditions for supervision required under this subsection.

449.02 History History: 2005 a. 297.

449.02 Cross-reference Cross-reference: See also ch. Opt 4, Wis. adm. code.

449.02 Annotation An ophthalmic assistant performing functions within the definition of optometry delegated and supervised by an ophthalmologist is not engaged in the unlawful practice of optometry. A certified optometric technician who performs services within the definition of optometry delegated and supervised by a licensed optometrist is engaged in the unlicensed practice of optometry. 74 Atty. Gen. 146.

449.03 449.03 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); 2005 a. 297; 2011 a. 257 s. 55.

449.03 Cross-reference Cross-reference: See also Opt, Wis. adm. code.

449.03 Annotation Under sub. (1), the board is prohibited from enacting rules that affect the practice of dispensing opticians or forbidding the employment by them of optometrists or declaring such employment unprofessional conduct. Feinberg v. Hasler, 63 Wis. 2d 268, 217 N.W.2d 334 (1974).

449.04 449.04 Examination and licensure.

449.04(1) (1) The examining board may grant a license to engage in the practice of optometry only to a person who satisfies all of the following conditions:

449.04(1)(a) (a) The person 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.

449.04(1)(b) (b) The person has graduated from an accredited college of optometry approved and recognized by the examining board.

449.04(1)(c) (c) The person passes an examination approved or conducted by the examining board.

449.04(1)(d) (d) The person pays the fee specified in s. 440.05 (1).