Wyo. Code R. 056-0001-5
Optometry, Board of Examiners in
Chapter 5: Standards of Practice
Effective Date: 07/15/2005 to 11/07/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 056.0001.5.07152005
(a) The protection of the public health, safety, welfare and best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the Board.
(b) The failure of a person to conform to the subsections of WYO. STAT. § 33-23-110(b)(ix) or to any ethical standard set forth in or incorporated by the Board's Rules and Regulations shall constitute 'unprofessional and dishonest conduct or conduct of a character likely to deceive the public' as provided by WYO. STAT. § 33-23-110(a).
(c) Pursuant to the Board's statutory authority as set forth in WYO. STAT. § 33-23-110(b), the Board further clarifies the meaning 'unprofessional and dishonest conduct' to include the following conduct and definitions:
(i) The conduct set forth below constitutes 'incompetence, malpractice or unethical conduct' as referenced in WYO. STAT. § 33-23-110(b):
(A) Practicing in a manner that is not in the best interest of the public and endangers public health, safety and welfare;
(B) Performance of any procedure in the course of a patient's care beyond the optometrist's training and competence;
(C) Performance of any procedure in the course of a patient's care which is not a customary and accepted standard of care in the profession, or otherwise deviate from the customary and accepted standard of care in the profession;
(D) Failure to advise a patient to seek the attention of a physician or other health care provider for an eye disease or disorder discovered during an examination which, in the opinion of the optometrist, requires additional diagnosis and medical treatment. Such advice shall not be required for any previously diagnosed disease or disorder.
(E) Billing patients for services provided which are not justified and are not necessary for diagnostic or therapeutic purposes;
(F) Failure to provide patients with accurate and complete information regarding the extent and nature of services available to them;
(G) Failure to maintain confidentiality of all information obtained in the course of the optometrist-patient relationship, except that disclosure of confidential information is permissible with the expressed written consent of the patient, or as required by law;
(H) Failure to ensure that a patient’s welfare is not compromised in any experimentation or research involving that patient;
(I) Failure to obtain informed written consent from the patient for any experimentation or research;
(J) Failure to obtain approval from any regulatory entity, in which approval is customarily or lawfully required, in order to conduct experimentation or research;
(K) Failure to comply with any regulatory standards customarily or lawfully required for the continuation of experimentation or research;
(L) Practicing, facilitating, or condoning discrimination of a patient based on race, sex, sexual orientation, age, religion, national origin, marital status, political belief, or mental or physical handicap;
(M) Administering, dispensing, or prescribing any controlled substance other than in the course of legitimate professional practice as authorized by law;
(N) Failure to release a spectacle lens prescription to the patient in accordance with Federal Law;
(O) Failure to release a contact lens prescription to the patient in accordance with Federal Law without all of the following information: expiration date, wearing schedule, care regimen, and all necessary parameters essential to fabricating a contact lens;
(P) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of optometry, including falsifying or making incorrect essential entries on patient records or failing to make essential entries on patient records;
(Q) Representing that a non-correctable condition can be permanently corrected;
(R) Interfering with the free choice of any patient when selecting a physician or other health care practitioner;
(S) Practicing optometry in violation of any limitations or restrictions imposed on a license, or practicing optometry while a license is suspended or has lapsed;
(T) Issuance of any judgment against the licensee for malpractice or negligence;
(U) Practicing optometry with a mental or physical impairment which renders the licensee incapable of practicing optometry with reasonable skill and safety;
(V) Practicing optometry by a licensee with a communicable life-threatening disease;
(ii) The conduct set forth below constitutes “moral turpitude”:
(A) Committing any act which results in a felony or misdemeanor conviction and involves a patient or adversely relates to the practice of optometry. A plea of nolo contendere shall be considered a conviction;
(B) Violating professional boundaries by soliciting, encouraging, threatening, forcing, or engaging in any sexual act or relationship with or upon a patient, regardless of consent. A consensual sexual relationship shall not be deemed “moral turpitude” if the optometrist-patient relationship was terminated prior to the relationship;
(C) Sexual harassment of a patient or staff member;
(D) Denial of a license to practice optometry, or any disciplinary action against a licensee, by any other state, territory, or country;
(E) Failure to report to the Board known or suspected violations of the laws and regulations governing the practice of optometry in Wyoming;
(F) Submission of false information to the Board;
(G) Failure to notify the Board of a malpractice final judgement or settlement within thirty days;
(H) Aiding or abetting the practice of optometry in Wyoming by any person not licensed to practice in Wyoming;
(I) Abuse of health insurance;
(J) Using any term other than “optometrist” or “Doctor of Optometry” to reflect licensure;
(K) Loaning of a license issued by the Board;
(L) Employing, either directly or indirectly, any licensee under suspension or revocation, or any person not licensed to practice optometry, to perform any task requiring licensure;
(M) Accepting remuneration for professional services if a volunteer possessing a volunteer certificate limiting the scope of practice to the act of volunteering services.
(iii) The conduct set forth below constitutes “habitual intemperance” or “being habitually addicted” to practice-impairing substances:
(A) Use of any drug, narcotic, chemical, alcohol or mind-altering material which renders the licensee unfit or incompetent to:
(I) Practice optometry with reasonable skill and safety to patients; or
(II) Conform to essential standards of acceptable optometry practice, in which case actual injury need not be established.
(iv) In addition to the aforementioned definitions in this chapter, as well as the conduct referenced in WYO. STAT. § 33-23-110(b), the following acts constitute “unprofessional and dishonest conduct”:
(A) Advertising professional services through statements that are untruthful, improbable, misleading or impossible;
(B) Failure to display a license at all times in a conspicuous location and readily accessible to all patients at the optometrist’s place of business;
(C) Failure to cooperate with any investigation by the Board, which includes:
(I) Failure to respond to any request for information;
(II) Failure to provide any documents or records upon request;
(III) Deceiving or attempting to deceive the Board or its agents with reference to any matter under investigation by the Board;
(D) Failure to comply with prevailing ethical standards promulgated in accordance with WYO. STATS § 33-23-101 through 33-23-117, attached hereto, and incorporated herein by reference, as Appendix A.
(a) General Supervision means the procedures are furnished under optometrists' overall direction and control. The optometrists' physical presence is not required during the performance of the procedures. The training of assistants who actually perform the diagnostic procedure and maintenance of the necessary equipment and supplies is the continuing responsibility of the optometrist.
(i) All orders written by the optometrist require that the patient be examined by the optometrist first.
(ii) The testing of patients can only be performed upon the verbal or written direction of the optometrist.
(iii) Telephone communication between the assistant and optometrist is allowed. Treatment plans, however, can only be directed once the optometrist physically reviews test results. The physical presence of the supervising optometrist is not required if the supervising optometrist and the assistant are or can easily be in contact with each other.
(iv) An Assistant cannot, in any manner, practice optometry.
(A) The Board does not recognize nor bestow any level of competency upon an assistant to carry out a specific task. Such recognition of skill is the responsibility of the supervising optometrist.
(a) An externship is when an optometric student is allowed to practice optometry in a clinical setting under the direct supervision of a licensed Wyoming optometrist.
(b) The supervising optometrist shall comply with all necessary documentation and contracts to become an outreach facility with an optometric institution.
(i) Liability for acts or omissions of the extern shall fall under the auspices of the institution and the optometrist.
(A) The optometrist shall obtain all necessary documentation and insurance coverage necessary to allow the program to operate.
(c) Direct supervision of the optometric student shall require the optometrist to review all findings before any treatment plan can be instituted.
(i) Direct supervision means the optometrist must be physically present in the office and immediately available to furnish assistance and direction throughout the performance of the procedure. It does not mean that the optometrist must be present in the room when the procedure is being performed.