Opt 5.03(17)(a)(a) Except as provided in par. (b), failing to perform the minimum eye examination at any of the following: Opt 5.03(17)(a)2.2. Any examination conducted more than one year after a minimum eye examination. Opt 5.03(17)(b)(b) It shall not be unprofessional conduct to fail to perform the minimum eye examination in any of the following instances: Opt 5.03(17)(b)1.1. Where the patient refuses or is unable to participate in any procedure of the minimum eye examination. Opt 5.03(17)(b)2.2. 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. Opt 5.03(17)(b)3.3. 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. Opt 5.03(18)(18) Advertising in a manner that is false, fraudulent, misleading, or deceptive including any of the following: Opt 5.03(18)(a)(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. Opt 5.03(18)(b)(b) Making comparisons with other optometrists which are false, fraudulent, misleading, or deceptive. Opt 5.03(18)(c)(c) Statements containing representations that would be likely to cause a reasonable person to misunderstand or be deceived. Opt 5.03(18)(d)(d) Seeking to obtain patients by advertising or other forms of solicitation in a manner that is false, fraudulent, misleading, or deceptive. Opt 5.03(19)(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. Opt 5.03(20)(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. Opt 5.03(21)(21) Failing to exercise supervision over an unlicensed person, as provided under s. Opt 1.03. 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 NoteNote: 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(27)(27) Violating any provision of ch. 449, Stats., or any rule of the board. Opt 5.03 HistoryHistory: 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. 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)(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 5.10(1)(1) An optometrist shall record and include in each patient’s record all of the following information: 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)(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 HistoryHistory: 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.
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