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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
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Misdemeanor
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Lends or permits his/her license to be used by another
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Misdemeanor
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Displays or represents any license not issued to self
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Misdemeanor
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Fails or refuses to surrender a license which has been suspended, revoked or cancelled
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Misdemeanor
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Knowingly permits any unlawful use of license
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Misdemeanor
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Photographs, duplicates, reproduces any license that could be mistaken for a valid license
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Misdemeanor
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Buys, receives a fraudulent, forged or counterfeited license
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Misdemeanor
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Engagement in conduct which subverts any licensing exam
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Misdemeanor
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Conspiracy with unlicensed person to allow license to be used by unlicensed person or acts as his or her agent or partner
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Misdemeanor
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Refusal to provide services because of race, color, sex, religion, ancestry, disability, marital status or national origin
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Subject to disciplinary action
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Sale of equipment, supplies or services >$100 to unlicensed person
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Misdemeanor
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Board may suspend or revoke a license for
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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
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It is prohibited to dispense, prescribe or sell eyeglasses not made of shatter resistant lenses or non-flammable frames to...
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one eyed person, law enforcement officer, a fireman, person under 18; subject to Board disciplinary action
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Shatter resistant lenses include...
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case-hardended lenses, laminated glass, resin lenses
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Sale, procurment, or use of professional degree not legally obtained
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Felony
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Willfully make a false statement in a material regard or engaging in impersonation during licensing exams
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Felony
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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
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Public offense
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Refer to health care provider which practitioner or immediate family member has financial interest with person or entity receiving referral
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Misdemeanor/unprofessional conduct
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When is referral to or consultation from an organization in which licensee has financial interest permitted?
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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
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What does significant financial interest mean?
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$5000 or 5% of the whole
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Make false, fraudulent, misleading or deceptive statements to cause ordinary prudent person to misunderstand or deceive
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Unprofessional conduct/misdemeanor
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What are false/fraudlent/misleading or deceptive statements or claims?
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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
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How must price advertisement be?
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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
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What may advertising include?
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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
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Optometrists (may/may not) lease space from an optician or health plan but (may, may not) be employed by an optician.
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May; may not
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Violation of terms of lease space from optician or health plan
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Misdemeanor
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When may health care providers grant discounts for medical care provided to patients?
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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
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Excessive prescription or excessive administration of drops or treatement, or diagnostic procedures as deteremined by standards of care
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Misdemeanor
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Any act of sexual abuse, misconduct or relations with a patient, client or customer, other than a spouse
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Unprofessional conduct
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Engagement in or aids or abets substance abuse in his/her workplace
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Unprofessional conduct
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Knowingly presenting or submitting a false or fraudulent claim for payment
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Unprofessional conduct
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An ophthalmologist (may/may not) be employed by an optometrist
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May
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Puting expiration date for spectacle lenses less than 2-4 years from issue date unless by reasonable probability of change earlier than 2 years.
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Unprofessional conduct
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When can expired prescriptions be filled for glasses?
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In event of loss, breakage, or damage
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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
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Unprofessional conduct |
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When can provider charge for releasing Rx?
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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
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Can a prescriber waive liability for ophthalmic goods obtained elshwere?
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No, but this does not impose liability on prescriber for goods/services dispensed by others either
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Violation of ANSI standards (Z 80.1, Z 80.2)for ophthalmic devices
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Misdemeanor
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What may an assistant or unlicensed new OD graduate under supervision do?
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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
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How long does a prescriber have to replay to request for CL Rx verification from online seller?
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one business day or 2PM of next business day
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RDO cannot advertise furnishing of or directly employ an optometrist
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Misdemeanor
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What is the Optometric Practice Act
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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
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Define Optometry
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Prevention/diagnosis/treatment/management of disorders and dysfunctions of the visual system, provision of optometric rehab services
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OD certied TPAs can diagnose and treat:
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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)
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What are restrictions for corneal FB removal?
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No deeper than mid-stroma; use of scalpel or needle prohibited, not require surgical repair
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Failure to obtain verbal and informed consent from patient or surrogate when practicing telemedicine
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Unprofessional conduct
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What is a TPA certified OD requirement for CE?
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50 hours every 2 years (35 ocular disease: glaucoma (10 hr), ocular infections, inflammation and topical steroids, systemic meds, pain meds
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Define "temporary practice"
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Practice away from principal practice not over 5 days in 30 day period or not more than 36 days in a year
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How many offices are permitted without further license?
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One
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What is the requirement to own/maintain/operate more than one branch office?
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If provider is in personal attendance at each office 50% of the time office is open for practice of optometry
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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
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suspension of license
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Employment of "cappers" or "steerers" to obtain business
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Unprofessional conduct
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Knowingly making/signing any document containing false info
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Unprofessional conduct
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Accepting employment direclty or indirectly by suspended or unlicensed optometrist, company or corporation
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Unprofessional conduct
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Who may licensed OD by employed by?
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Ophthalmologist or by health care service plan
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What MUST providers do according to the Ophthalmic Practice Rules (Eyeglass Rule) and Contact Lens Rule?
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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”
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What is “passive verification”?
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If the provider does not respond to a verification request within 8 hours, the seller can fill the prescription
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What can providers NOT do according to the Ophthalmic Practice Rules (Eyeglass Rule) and Contact Lens rule?
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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
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What information must the eyeglass prescription contain?
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Patient’s name, Exam date, Expiration date, prescriber name, contact information, signature
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Altering or modifying medical records with fraudulent intent
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unprofessional conduct
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Making/signing any document containing false info
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unprofessional conduct
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Accepting employment directly/indirectly by suspended/unlicensed optometrist
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unprofessional conduct
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(True/False) A licensed OD may be employed by an ophthalmologist but not by health care service plan.
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False. Both can employ OD
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Gross negligence, repeated negligence, or incompetance
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unprofessional conduct
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Self administration/misdemeanor/felony with use of controlled substance, dangerous drugs or alcohol to extent of being dangerous to self or public
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unprofessional conduct
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Committing sexuall related crime
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unprofessonal conduct
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Excessive prescribin of controlled substance
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unprofessional conduct
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Failure to maintain adequate and accurate records
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unprofessional conduct
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Performing service beyond scope of practice
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unprofessional conduct
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Failing to follow infection control guidelines to prevent HIV, hepatitis B, and other blood borne pathogens
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unprofessional conduct
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Failure to comply with request for patient records from Boards within 15 days with patient authorization
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unprofessional conduct
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Failure to refer a patient to a physician when examining eyes indicating likelihood of any pathology requiring care of physician
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unprofessional conduct
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Violation of the Moscone-Knox Professional Corporation Act
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Unprofessional conduct
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False Advertisement: Make false or misleading statements which a reasonable person should know if untrue or misleading
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Misdemeanor
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What is the minimum included in ophthalmic lens prescriptions
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name, address, telephone, signature of doctor, patient’s name, issue and expiration date
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Withold the release of patient records or summaries because of unpaid bills for health care services
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unprofessional conduct
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How long must pateint records be kept?
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Adults: 7 years. Children: 1 yr after 18yo but not less than 7 yrs
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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
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misdemeanor
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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
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misdemeanor
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What is a “mandated reporter”?
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Licensed professionals who must report child abuse
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Failure to report elder abuse, abandonment, isolation, financial abuse, or neglect by telephone immediately and by written report within 2 working days
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misdemeanor
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