Opt 5.02 HistoryHistory: Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. cr. (1), eff. 12-17-85; renum. (1) to (3) to be (2) to (4), cr. (1), Register, June, 1986, No. 366, eff. 7-1-86; renum. Register, March, 1989, No. 399, eff. 4-1-89; renum. (1), (3) and (4) to be Opt 1.02 (1), (4) and (5), (2) to be (1), cr. (2), Register, June, 1990, No. 414, eff. 7-1-90; cr. (intro.) and (1), renum. (1) to be (1m) and am., Register, September, 1997, No. 501, eff. 10-1-97; CR 01-060: renum. (1), (1m) and (2) to be (2) to (4) and am. (4), cr. (1), Register December 2001 No. 552, eff. 1-1-02; CR 05-036: cr. (5) Register January 2006 No. 601, eff. 2-1-06; CR 06-116: cr. (6) Register May 2007 No. 617, eff. 6-1-07; CR 13-017: am. (4) Register November 2013 No. 695, eff. 12-1-13; CR 15-078: am. (3) Register December 2016 No. 732, eff. 1-1-17. Opt 5.03Opt 5.03 Unprofessional Conduct. Unprofessional conduct by an optometrist includes any of the following: Opt 5.03(1)(1) Engaging in any practice which constitutes a danger to health, welfare, or safety of a patient or the public. Opt 5.03(2)(2) Engaging in conduct in the practice of optometry which evidences a lack of knowledge or ability to apply professional principles or skills. Opt 5.03(3)(3) Practicing or attempting to practice beyond the scope of practice. Opt 5.03(4)(4) Practicing in a manner which demonstrates the optometrist is grossly incompetent. Opt 5.03(6)(6) Obtaining or attempting to obtain anything of value by fraudulent representation in the practice of optometry. Opt 5.03(7)(7) Practicing or attempting to practice while the ability to perform services is impaired by physical, mental or emotional disorder, drugs, or alcohol. Opt 5.03(8)(8) Practicing while knowingly having an infectious or contagious disease. Opt 5.03(9)(9) Any conduct of a character likely to deceive or defraud the public. Opt 5.03(10)(10) Loaning of an optometric license or certificate to anyone. Opt 5.03(11)(11) Splitting or dividing any fee for optometric service with any person, except an associate licensed optometrist. Opt 5.03(12)(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. Opt 5.03(13)(13) Failing to notify the board of any change in address or change in location of practice within 30 days. Opt 5.03(14)(14) Failing to furnish to the board upon request information concerning the mode and location of practice. Opt 5.03(15)(15) Failing to permit the board or a board representative to inspect his or her office, equipment and records during regular office hours. Opt 5.03(16)(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). 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: