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81 Cards in this Set

  • Front
  • Back
Displays or possess a cancelled, suspended, fraudulently altered license or fictitious business license or other document simulating a license
Misdemeanor
Lends or permits his/her license to be used by another
Misdemeanor
Displays or represents any license not issued to self
Misdemeanor
Fails or refuses to surrender a license which has been suspended, revoked or cancelled
Misdemeanor
Knowingly permits any unlawful use of license
Misdemeanor
Photographs, duplicates, reproduces any license that could be mistaken for a valid license
Misdemeanor
Buys, receives a fraudulent, forged or counterfeited license
Misdemeanor
Engagement in conduct which subverts any licensing exam
Misdemeanor
Conspiracy with unlicensed person to allow license to be used by unlicensed person or acts as his or her agent or partner
Misdemeanor
Refusal to provide services because of race, color, sex, religion, ancestry, disability, marital status or national origin
Subject to disciplinary action
Sale of equipment, supplies or services >$100 to unlicensed person
Misdemeanor
Board may suspend or revoke a license for
1) conviction of crime related to profession, 2) Not compliant with child support, 3) Subversion of licensing exam, 4) Securing license by fraud, 5) False statements/omission of facts on application
It is prohibited to dispense, prescribe or sell eyeglasses not made of shatter resistant lenses or non-flammable frames to...
one eyed person, law enforcement officer, a fireman, person under 18; subject to Board disciplinary action
Shatter resistant lenses include...
case-hardended lenses, laminated glass, resin lenses
Sale, procurment, or use of professional degree not legally obtained
Felony
Willfully make a false statement in a material regard or engaging in impersonation during licensing exams
Felony
Offer, deliver, receive or accept any rebate, refund, commission, preference, discount or other consideration of money or otherwise as compensation or inducement for referring patients
Public offense
Refer to health care provider which practitioner or immediate family member has financial interest with person or entity receiving referral
Misdemeanor/unprofessional conduct
When is referral to or consultation from an organization in which licensee has financial interest permitted?
1) When financial interest is disclosed in writing at time of referral or request for consultation. 2) There is no alternative provider within 25 miles or 40 minutes
What does significant financial interest mean?
$5000 or 5% of the whole
Make false, fraudulent, misleading or deceptive statements to cause ordinary prudent person to misunderstand or deceive
Unprofessional conduct/misdemeanor
What are false/fraudlent/misleading or deceptive statements or claims?
Misrepresentation of fact, failure to disclose material facts, create false or unjustified expectations of favorable results, presenting fees without fully and specifically disclosing all variables
How must price advertisement be?
Clearly identify the price for each product or service. Cannot use words sush as "as low as", "and up to", "lowest prices" or statements or advertisements of bait, discount, premiums or gifts; Unprofessional conduct/Misdemeanor
What may advertising include?
Name, address, office hours; languages spoken, certification recognized by SBO, services under insurance plan; degrees, school name, postgrad training; publications; teaching positions; hospital or clinic affiliation; fees for services, method of payment; personal picture or facilities or products; product description; factual information
Optometrists (may/may not) lease space from an optician or health plan but (may, may not) be employed by an optician.
May; may not
Violation of terms of lease space from optician or health plan
Misdemeanor
When may health care providers grant discounts for medical care provided to patients?
Patients provider reasonably believes is not eligible for, or is not entitled to insurance reimbursement, coverage under the Medi-Cal program, or by health care plan
Excessive prescription or excessive administration of drops or treatement, or diagnostic procedures as deteremined by standards of care
Misdemeanor
Any act of sexual abuse, misconduct or relations with a patient, client or customer, other than a spouse
Unprofessional conduct
Engagement in or aids or abets substance abuse in his/her workplace
Unprofessional conduct
Knowingly presenting or submitting a false or fraudulent claim for payment
Unprofessional conduct
An ophthalmologist (may/may not) be employed by an optometrist
May
Puting expiration date for spectacle lenses less than 2-4 years from issue date unless by reasonable probability of change earlier than 2 years.
Unprofessional conduct
When can expired prescriptions be filled for glasses?
In event of loss, breakage, or damage
Establishing a CL expiration date not less than 1 year and not more than 2 years unless reasonable probability of change earlier than one year

Unprofessional conduct

When can provider charge for releasing Rx?
Shall not charge any fees as condition for releasing the CL Rx. Permissible to charge fee for verifying ophthalmic goods obtained elsewhere if charged at time of verification
Can a prescriber waive liability for ophthalmic goods obtained elshwere?
No, but this does not impose liability on prescriber for goods/services dispensed by others either
Violation of ANSI standards (Z 80.1, Z 80.2)for ophthalmic devices
Misdemeanor
What may an assistant or unlicensed new OD graduate under supervision do?
Fit prescription lenses, prepare patients for examination, VA, pupils and ocular motility, automated VF testing, ophthalmic photography and digital imaging, tonometry, lensometry, AR (SRx performed by OD, OMD), adminster cycloplegics, mydriatics, topical anesthetics; pachymetry, keratometry, A/B scans, electrodiagnostic testing
How long does a prescriber have to replay to request for CL Rx verification from online seller?
one business day or 2PM of next business day
RDO cannot advertise furnishing of or directly employ an optometrist
Misdemeanor
What is the Optometric Practice Act
1) Advertising to include any and all means of communication to bring attention to practice of optometry or prescribing, fitting or sale of lenses, frames, accessories; 2) opthalmic lens have a spherical, cylindrical or prismatic value; trial frame and test lens are in testing the eye and not sold to clients; 3) OD must keep pt records for minimum of 7 years or until pt reaches age 19 for minor
Define Optometry
Prevention/diagnosis/treatment/management of disorders and dysfunctions of the visual system, provision of optometric rehab services
OD certied TPAs can diagnose and treat:
1) Anterior seg infections EXCL lacrimal gland, lacrimal drainage, sclera under 12 years old. 2) Ocular allergies of anterior seg and adnexa. 3) Nonsurgical inflammation-traumatic iritis, peripheral corneal inflammation, keratitis, episcleritis, unilateral nonrecurrent nongranulomatous idiopathic iritis over 18 yrs old. 4) Traumatic or recurrent conjunctival/corneal abrasions/erosions. 5) Corneal surface disease and dry eye. 6) Ocular pain-nonsurgical. 7) Glaucoma over 18 yrs old (POAG, pigmentary, exfoliation)
What are restrictions for corneal FB removal?
No deeper than mid-stroma; use of scalpel or needle prohibited, not require surgical repair
Failure to obtain verbal and informed consent from patient or surrogate when practicing telemedicine
Unprofessional conduct
What is a TPA certified OD requirement for CE?
50 hours every 2 years (35 ocular disease: glaucoma (10 hr), ocular infections, inflammation and topical steroids, systemic meds, pain meds
Define "temporary practice"
Practice away from principal practice not over 5 days in 30 day period or not more than 36 days in a year
How many offices are permitted without further license?
One
What is the requirement to own/maintain/operate more than one branch office?
If provider is in personal attendance at each office 50% of the time office is open for practice of optometry
Failure to comply to the number of offices allowed and the condition that the provider is in attendance 50% of the time will result in
suspension of license
Employment of "cappers" or "steerers" to obtain business
Unprofessional conduct
Knowingly making/signing any document containing false info
Unprofessional conduct
Accepting employment direclty or indirectly by suspended or unlicensed optometrist, company or corporation
Unprofessional conduct
Who may licensed OD by employed by?
Ophthalmologist or by health care service plan
What MUST providers do according to the Ophthalmic Practice Rules (Eyeglass Rule) and Contact Lens Rule?
1) Provide patient with copy of prescription upon completion of eye exam or CL fitting process.. 2) Verify prescriptions to any third-party seller designated by the patient within 8 business hours. 3) Adhere to “passive verification”
What is “passive verification”?
If the provider does not respond to a verification request within 8 hours, the seller can fill the prescription
What can providers NOT do according to the Ophthalmic Practice Rules (Eyeglass Rule) and Contact Lens rule?
1) Place certain conditions on the release or verification of contact lens prescription. 2) Require the patient to sign a waiver or release as condition of verifying or releasing a prescription
What information must the eyeglass prescription contain?
Patient’s name, Exam date, Expiration date, prescriber name, contact information, signature
Altering or modifying medical records with fraudulent intent
unprofessional conduct
Making/signing any document containing false info
unprofessional conduct
Accepting employment directly/indirectly by suspended/unlicensed optometrist
unprofessional conduct
(True/False) A licensed OD may be employed by an ophthalmologist but not by health care service plan.
False. Both can employ OD
Gross negligence, repeated negligence, or incompetance
unprofessional conduct
Self administration/misdemeanor/felony with use of controlled substance, dangerous drugs or alcohol to extent of being dangerous to self or public
unprofessional conduct
Committing sexuall related crime
unprofessonal conduct
Excessive prescribin of controlled substance
unprofessional conduct
Failure to maintain adequate and accurate records
unprofessional conduct
Performing service beyond scope of practice
unprofessional conduct
Failing to follow infection control guidelines to prevent HIV, hepatitis B, and other blood borne pathogens
unprofessional conduct
Failure to comply with request for patient records from Boards within 15 days with patient authorization
unprofessional conduct
Failure to refer a patient to a physician when examining eyes indicating likelihood of any pathology requiring care of physician
unprofessional conduct
Violation of the Moscone-Knox Professional Corporation Act
Unprofessional conduct
False Advertisement: Make false or misleading statements which a reasonable person should know if untrue or misleading
Misdemeanor
What is the minimum included in ophthalmic lens prescriptions
name, address, telephone, signature of doctor, patient’s name, issue and expiration date
Withold the release of patient records or summaries because of unpaid bills for health care services
unprofessional conduct
How long must pateint records be kept?
Adults: 7 years. Children: 1 yr after 18yo but not less than 7 yrs
Failure to report domestic violence by telephone to local law enforcement agency and send California Emergency management Form 5-502 to local law enforcement agency within 2 days
misdemeanor
Failure to report child abuse or neglect to local governmental agencies (police department, sheriff’s department, county probation department, county welfare department) by phone immediately then follow with a written report within 36 hours
misdemeanor
What is a “mandated reporter”?
Licensed professionals who must report child abuse
Failure to report elder abuse, abandonment, isolation, financial abuse, or neglect by telephone immediately and by written report within 2 working days
misdemeanor