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CA Optometry Laws & Regulations Exam
(updated!).
What is the penalty for displaying a cancelled, suspended, or fraudulently altered license? - ANSWERMisdemeanor charge What is the penalty for lending one's license to another person? - ANSWERMisdemeanor charge What is the penalty for failing to surrender a suspended, revoked, or cancelled license? - ANSWERMisdemeanor charge What is the penalty for knowingly permitting unlawful use of a license? - ANSWERMisdemeanor charge What is the penalty for photographing, duplicating, or reproducing a license that could be mistaken for valid? - ANSWERMisdemeanor charge What is the penalty for buying or receiving a fraudulent, forged, or counterfeited license? - ANSWERMisdemeanor charge What is the penalty for engaging in any conduct that subverts or attempts to subvert any licensing exam or administration of an exam? - ANSWERMisdemeanor charge
What is the penalty for conspiring with an unlicensed person to allow his/her license to be used by the unlicensed person or acts as his or her agent or partner? - ANSWERMisdemeanor charge What is the max administrative fine amount for each violation or each inspection or investigation, or for any fraudulent billing of Medi-Cal, Medi- Care or other insurance company? - ANSWER$ What is the penalty for selling equipment, supplies or services greater than $100 to an unlicensed person when these are to be used in violation of the B&P Code? - ANSWERMisdemeanor charge On what grounds/acts (4) could an applicant be denied a license? - ANSWER-- Been convicted of a crime only if crime or act is substantially related to qualifications, functions or duties of the profession. -- Done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another or substantially injure another. -- Knowingly making a false statement or omitting a material fact in an application for license. -- Done any other act which are grounds for suspension or revocation of license. What are 6 reasons the board may suspend or revoke a license? - ANSWER-- Conviction of a crime if related to profession. -- Not in compliance with a child support order or judgment. -- Subversion of licensing examination. -- Securing license by fraud, deceit, or misrepresentation. -- False statements or omission of material facts regarding another person's application.
What is the penalty for the payment or receipt of consideration for services based on percentage of gross revenue or similar contractual arrangement that is commensurate with the value of the services furnished or with fair rental value of any premises or equipment leased or provided by the recipient to the payer? - ANSWERNone -- it is legal ("not illegal") T/F: The payment or receipt of consideration for advertising, wherein a licensee offers or sells services through a third party advertiser (such as Groupon) is considered a referral of patients, and therefore an illegal practice. - ANSWERFalse. It is legal and shall not constitute a referral of patients. The fee paid to the advertiser shall be commensurate with the service provided. What immediate family members count as financial interest? - ANSWERSpouse, children, parents, and spouses of children What amount counts as significant financial interest? - ANSWER$5000 or 5% of the whole When is referral to or consultation from an organization in which licensee has financial interest permitted? - ANSWER-- If disclosed in writing at the time of referral or request for consult -- If no alternative provider within 25 miles or 40 minutes What can NOT be used on price advertisements? - ANSWERCannot use words such "as low as," "and up to," "lowest prices," or statements or advertisements of bait, discount, premiums or gifts.
Must be exact, clearly identifying the price for each product or service. Complete disclosure required (no bait and switch). What CAN be used on price advertisements? - ANSWER▪ Name, address, office hours ▪ Languages spoken ▪ Certification or eligibility for certification by a board or association recognized by SBO (such as ABO, but not NBEO certification) ▪ Provision of services under a specific private or public insurance or health care plan ▪ Degrees received, names of schools, and postgraduate clinical training ▪ Publications authored by practitioner ▪ Teaching positions (current or former) ▪ Affiliation with hospitals or clinics ▪ Fees for services or products, and methods of payment ▪ Personal picture or picture of facilities or products ▪ Description of products advertised ▪ Any other items of factual information What is the penalty for violating price advertisement law or disseminating false/misleading advertising information? - ANSWER-- Constitutes unprofessional conduct and subject to suspension or revocation of license -- Misdemeanor charge punishable by imprisonment in county jail not exceeding 6 months, by a fine up to $2500, or both. What is the lease term length between an OD, RDO, optical company, or health plan in a direct or indirect landlord-tenant relationship? -
-- All signs and displays are separate and distinct from that of the other occupants and shall have the independent optometrist's name and the word "optometrist" prominently displayed -- There shall be no signs displayed on any part of the premises or in any advertising indicating that the optometrist is employed or controlled by the registered dispensing optician, health plan or optical company What is the penalty for violating the protections set forth within landlord- tenant relationships involving an optometrist(s), RDO, optical company or health plan? - ANSWERMisdemeanor charge What does the law say regarding prompt payment of medical claims? - ANSWERHealth care providers are expressly authorized to grant discounts in health or medical care claims when payment is made promptly within time limits prescribed by the health care providers or institutions rendering the service or treatment What does the law say regarding discounts for uninsured patients? - ANSWERHealth care providers are expressly authorized to grant discounts for health or medical care provided to any patient the provider reasonably believes is not eligible for, or is not entitled to insurance reimbursement, coverage under the Medi-Cal program, or coverage by a health care service plan for the health or medical care provided. Any discounted fee granted shall not be deemed to be the health care provider's usual, customary, or reasonable fee for any other purposes, including, but not limited to, any health care service plan contract or insurance contract. Explain the No Surprises Act (effective 1/1/22) - ANSWERHealth care providers must provide good-faith estimates of charges for care to uninsured
(or self-pay) individuals upon scheduling care or on request. If the final bill is $400 or more over the estimate, the patient can dispute the charge by filing a complaint with The Centers for Medicare & Medicaid Services (CMS). What must a practitioner disclose (verbally or visually) to the patient at first visit? - ANSWER-- Name and license status on a name tag (at least 18 point type) -- Communicate name, license type, academic degree in writing or prominently display license What happens if you default on a department of HHS education loan or health education assistance loan? - ANSWER-- The board may deny a license to applicant -- The board may cite or fine a currently licensed practitioner What is the new law on electronic data prescriptions (effective 1/1/22)? - ANSWEROD shall have capability to issue electronic data transmission prescription on behalf of patient and to transmit prescription to patient's pharmacy. -- Does not include eyeglass/contact lens rx or out-of-state rx -- Exception: no EMR capability, temporary technical malfunction, pharmacy not available or not accessible, patient does not have a preferred pharmacy, patient unable to fill prescription in timely fashion What special laws apply to optometrists who are exclusively employed by the federal government and/or tribal health programs? - ANSWERA state license is not required. Practitioners are subject to the scope of practice established by federal statue or regulations/tribal health program.
-- Any public complaint regarding performance of professional services -- Any disciplinary information Under what 2 circumstances is your central file with the Board of Optometry purged of a complaint? - ANSWER-- If the Board has failed to act on the complaint/report within 5 years -- If complaint/report found to be without merit Every insurance and every licensed person must report within ___ days to the Board every settlement or arbitration award over $___ of a claim or action for damages for death or personal injury; and any judgment in malpractice action - ANSWER30 days; $ What is the penalty for failing to comply with reporting or malpractice settlement and arbitration awards? - ANSWERPublic offense punishable by a fine of $5000 to $50, What is the penalty for insurance fraud? - ANSWERConsidered unprofessional conduct and subject to disciplinary action, including suspension and revocation of license. What are 2 examples when you are exempt from being licensed and have immunity from liability? - ANSWER-- During declared state of emergencies, and only if practitioner is designated as required for the specific emergency, a practitioner licensed in another state or territory may offer and provide health care -- If he/she participates in a sponsored program for the uninsured or underinsured, of short duration not exceeding 10 days, and services are free of charge to the patient. Prior approval from the Board is necessary for participation in program
T/F: Optometrists are not allowed to employ ophthalmologists - ANSWERFalse T/F: Optometrists are allowed to serve as a CLIA director of a laboratory - ANSWERTrue Under what circumstances are you exempt from liability for performing a procedure on a minor? - ANSWERProvider reasonably believed that the procedure should be undertaken immediately (i.e. during emergency care) and that there was insufficient time to obtain parental (informed) consent or the patient was legally incapable of giving consent. Parents still responsible for costs. Define a prescription lens - ANSWERAny device that alters or changes the visual powers of the human eye or any plano contact lens. What is required on a spectacle lens prescription? - ANSWERPatient's name, dioptric power of lens, issue and expiration date, and name, address, telephone number, license number and signature of practitioner. Expiration date for spectacle lenses - ANSWER 2 - 4 years from date of issuance, unless by patient history or circumstance, such as presence of visual abnormalities related to ocular or systemic disease, there is reasonable probability of change earlier than 2 years. The expiration date must not be less than the recommended reexamination date.
T/F: Effective 4/1/21, prescribers are required to obtain signed acknowledgement indicating patients' receipt of contact lens prescriptions, and to keep record of that patient confirmation for at least 5 years. - ANSWERFalse; must keep record for 3 years What information must be included on a CL RX? - ANSWERSufficient info for the complete and accurate filling of a prescription. If a private label CL is prescribed, the Rx must have the name of the manufacturer, trade name of private label brand and, if applicable, trade name of equivalent national brand. When does the CL fitting process begin and end? - ANSWERBegins after the initial comprehensive eye exam. For a new fit, fitting process ends when appropriate fit has been achieved; and for an established patient, fitting ends when the prescriber determines no change in the Rx. T/F: A prescriber can condition availability of services (exams, CL fitting, or release of Rx) on requirement to purchase CL from prescriber. - ANSWERFalse; cannot condition availability of services. T/F: Federal law dictates a prescriber cannot charge for "standard" lenses required for CL fitting but can charge for "specialty" lenses. - ANSWERTrue. (Federal law supersedes state law, but for CA law exam, follow only state law)
T/F: A prescriber/RDO can charge any fee as a condition for releasing CL Rx. - ANSWERFalse; prescriber/RDO shall not charge any fees as a condition for releasing CL Rx. T/F: A prescriber/RDO can charge a fee for verifying ophthalmic goods obtained elsewhere, if charged at time of verification. - ANSWERTrue What is the penalty for failure or refusal to comply with release of CL prescription laws? - ANSWERGrounds for disciplinary action, including, but not limited to a fine or suspension/revocation of license. What is the penalty for not meeting ANSI standards for ophthalmic devices? - ANSWERMisdemeanor charge What are the duties of an RDO in regards to contact lenses? - ANSWERA registered dispensing optician may fit, adjust or dispense contact lenses, if the prescription by an ophthalmologist or optometrist specifically authorizes contact lenses, and acting on the advice, direction, and responsibility of the prescriber. Who has the right to dispense, sell or furnish prescription lenses at retail? - ANSWERA licensed physician and surgeon, optometrist and registered dispensing optician. T/F: It shall be considered deceptive marketing practice to represent that CL may be obtained without confirmation of a valid prescription or to offer for sale plano contact lenses. - ANSWERTrue
T/F: A seller can alter any of the CL specs or substitute a different manufacturer, brand, or other physical property of the lens - ANSWERFalse. They can NOT alter. T/F: Contact lenses may be sold only upon receipt of a written Rx or copy of a written Rx and sold in quantities consistent with the Rx exp date and standard manufacturer/vendor packaging. - ANSWERTrue Definition of registered dispensing optician (RDO) - ANSWERIndividuals, corporations and firms, who either singly or in combination with others, take facial measurements, and fit and adjust lenses and frames. RDOs must be registered with State Board of Optometry. What information (4) must be included in the consumer notice, to be displayed conspicuously and prominently display at each registered location?
- ANSWEREye doctors are required to provide patients with a copy of their ophthalmic lens prescriptions as follows: -- Spectacle rx: release upon completion of exam. -- CL rx: release upon completion of exam or upon completion of the fitting process. Patients may take their prescription to any eye doctor or registered dispensing optician to be filled. Optometrists and registered dispensing opticians are regulated by the State Board of Optometry.
Complaints involving a California licensed optometrist or a registered dispensing optician should be directed to: California State Board of Optometry Department of Consumer Affairs 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Phone: 1- 866 - 585 - 2666 or (916) 575-7170 Email: [email protected] Website: www.optometry.ca.gov It is unlawful for an RDO to do which of the following 3 things? - ANSWER-- Advertise the furnishing of, or to furnish, the services of an optometrist or a physician and surgeon -- Directly employ an optometrist or physician and surgeon for the purpose of any examination or treatment of the eyes -- Duplicate or change lenses without a prescription or order from a person duly licensed to issue the same T/F: All licensed optometrists in a co-located setting with a registered dispensing optician shall report the business relationship to the State Board of Optometry. - ANSWERTrue T/F: The State Board of Optometry does not have the authority to inspect premises at which the business of a registered dispensing optician is co- located with the practice of an optometrist. - ANSWERFalse. They have the authority to inspect for purposes of determining compliance with Section
T/F: Only a licensed physician and surgeon, optometrist and registered dispensing optician are permitted to sell "plano" goggles, sunglasses, colored lenses or occupational protective eyewear. - ANSWERFalse. There is no prohibition against these types of sales, and no restriction on who may sell them.
T/F: The practice of optometry includes the diagnosis/prevention/treatment/management of disorders and dysfunctions of visual system, as well as provision of habilitative or rehabilitative services among other things. - ANSWERTrue Define "adnexa" - ANSWEREyelids and muscles within eyelids, lacrimal system (gland and drainage), and skin extending from eyebrows to orbital rims, excluding intraorbital muscles and orbital contents. Define "anterior segment" - ANSWERPortion of the eye anterior to vitreous humor, including soft tissue coats --cornea, conjunctiva, sclera, iris, ciliary body, crystalline lens, aqueous outflow & TM, and eyelids. T/F: The practice of optometry includes the prevention of disorders and dysfunctions of the visual system. - ANSWERTrue T/F: The practice of optometry includes habilitative and rehabilitative services. - ANSWERTrue T/F: TPA certified OD can use/prescribe/administer topical and oral prescription and nonprescription therapeutic pharmaceutical agents (including for rational off-label purpose, and antifungals and all antivirals). - ANSWERTrue T/F: TPA certified OD can use/prescribe/administer controlled substances and antiglaucoma agents. - ANSWERFalse. To rx controlled substances, must have DEA number and register with DOJ drug monitoring program. To rx glaucoma agents, must have glaucoma certification.
Prescribing oral analgesic controlled substance codeine with hydrocodone with compounds, and tramadol, limited to ___ days with referral to an OMD if pain persists. - ANSWER3 days Schedule ___ drugs must be on a temper-proof Rx form. In an emergency, an rx may be oral, electronic or faxed, but must be followed with a written Rx on a temper-proof form within ___ days. - ANSWERSchedule II drugs; 7 days TPA and glaucoma certified OD may use or prescribe topical and oral antiglaucoma agents for what types of glaucoma and what age of patients? - ANSWERPrimary open angle, exfoliation, pigmentary, and steroid induced glaucomas in persons 18 years of age or over T/F: Effective 1/1/23, optometrists can treat narrow angle glaucoma and refer to ophthalmologist if no improvement within 48 hours. - ANSWERFalse. OD cannot treat narrow angle glaucoma. Effective 1/1/23: In an emergency, an OD shall stabilize, if possible, and immediately refer any patient who has an acute attack of angle closure to an ophthalmologist. What 4 immunizations can an optometrist administer (with the proper certifications & training)? - ANSWERInfluenza, herpes zoster, pneumococcus, and SARS-CoV- 2 T/F: Optometrists may perform in-office laboratory tests or examinations (or order from an outside facility) necessary for diagnosis of conditions/diseases of eye and adnexa. - ANSWERTrue
