Laws Flashcards
To practice, display or advertise or hold himself as optometrist without certificate of registration. Use of test cards, test lenses, or trial frame is prima facie evidence for practice of optometry
Unlawful
How many days may an optom prescribe codiene & hydrocodone compounds & tramadol?
3 days, refer to OMD if pain persists
To prescribe tramadol/hydrocodone combination products
OD must have a DEA #, and must register w/ California Department of Justice (DOJ) Prescription Drug Monitoring Program, also known as PDMP or CURES (Controlled Substance Utilization Review & Eval System)
Some info for sched 2 & 4 drugs required to be submitted to PDMP/CURES by prescribers & pharmacists includes
patient name, birth date, prescriber name, prescription info & name of the dispensing pharmacy. Pre-register online at https://pmp.doj.ca.gov/pmpreg
Schedule II drugs must be on a temper-proof Rx form. In an emergency an Rx may be oral, electronic or faxed, but must be followed w/ a written Rx on a temper-proof form w/i how many days?
7 days
T/F OD has the authority to use diagnostic laser & ultrasound technology
T
CE requirements
50 hrs of CE for license renewal; 35 hours must be in the dx, tx, & management of ocular, systemic disease
Up to 8 credit hours for course work in ethics in the practice of optometry
Up to 2 credit hours for a full days attendance of a Board meeting
Up to 4 credit hours for course work to receive certification in cardiopulmonary resuscitation (CPR) from the American Heart Assoc, the American Red Cross or other association approved by the Board
The ability for the Board to recognize & utilize the Association of Regulatory Boards in Optometry’s (ARBO) Optometric Education (OE) Tracker system as proof of CE course attendance
Each person holding a license to engage in a profession or occupation shall notify the issuing board of any changes in mailing address
w/i 30 days after change. Failure results in a fine or citation
When should a mandated reporter of child abuse or neglect file a written report?
W/i 36 hours of initial report
Failure to make a report for child abuse or neglect
Misdemeanor
Mandated reporter of elder abuse
Any person, including a health practitioner, who has assumed any amount of responsibility for the care of an elderly or dependent adult
In change of ownership, the successor OD may use the name of the predecessor for not more than how many years?
2 years
Abandonment of records
may bring an action in a court of law for damages suffered as a result
Any pt who can consent to medical tx & any pt representative can inspect or obtain copies of pt records upon presenting a written request. How long?
This inspection may be permitted during business hours w/i 5 working days; copies need to be transmitted w/i 15 days.
A health care provider may provide a summary of the record in lieu of allowing access to the entire record, within ____ working days, from date of written request.
10-30
Displays or causes to be displayed or has in possession a cancelled, suspended, fraudulently altered license, or a fictitious license or any 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 him/her as being his/hers
Misdemeanor
Fails or refuses to surrender a license which has been suspended, revoked or cancelled
Misdemeanor
Knowingly permits any unlawful use of his/her 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
It is a _________when a person conspires w/ an unlicensed person to allow his license to be used by the unlicensed person or acts as his or her agent or partner
Misdemeanor
Admin fines are not to exceed _____ for each violation or each inspection or investigation, or for any fradulent billing of Medi-Cal, Medi-Care or other insurance company
$5000
It is _________ for any person to engage in any conduct which subverts or attempts to subvert any licensing exam or administration of an exam
Misdemeanor
A board _________________________________a license on the ground that an applicant or licensee has violated Section 123 pertaining to subversion of licensing examinations
may deny, suspend, revoke, or otherwise restrict
Been convicted of a crime only if crime or act is substantially related to the qualifications, functions or duties of the profession
Grounds for disqualifying
Done any act involving dishonesty, fraud or deceit w/ intent to substantially benefit himself or another or substantially injure another
Grounds for disqualifying
Knowingly making a false statement or omitting a material fact in an app for license
Grounds for disqualifying
Done any other act which are grounds for suspension or revocation of license
Grounds for disqualifying
A licensee cannot be denied solely on the basis of felony conviction if applicant has certificate of rehabilitation
Grounds for disqualifying
A licensee cannot be denied, suspended or revoked of license
Grounds for disqualifying
A license cannot be denied, suspended or revoked solely on the basis of character, reputation, personality or habits
Grounds for disqualifying
Conviction of crime if related to profession
Suspend or revoke license
Not in compliance w/ a child support order or judgment
Suspend or revoke license
subversion of licensing exam
Suspend or revoke license
Securing license by fraud, deceit, or misrepresentation
Suspend or revoke license
False statements or omission of material facts regarding another person’s application
Suspend or revoke license
Sale, procurement, or use of a professional degree not legally obtained
Unlawful
to willfully make a false statement in a material regard or engaging in impersonation during licensing exams
Unlawful
Violation of false representation of facts article
felony punishable by a fine of $2,000 to $6,000 or imprisonment in state prison, and other possible civil, criminal or administrative action
For knowingly making/signing any document containing false info (unprofessional conduct)
Revocation & suspension
For using improperly obtained, counterfeited/altered certificate or certificate issues by mistake
Revocation & suspension
Excessive prescription or excessive administration of drops or tx, or diagnostic procedures
Unprof conduct. misdemeanor punishable by a fine of $100-$600, imprisonment of 60 to 180 days, or both.
Any act of sexual abuse, misconduct or relations with a patient, client or customer, other than a spouse
unprofessional conduct
Any health care licentiate who engages in or aids or abets substance abuse in his/her workplace
unprof conduct
For suffering from contagious or infectious disease during period or continuance of disease
Revocation & suspension
single incidence of gross negligence; pattern of inappropriate prescribing; act of incompetence or negligence causing death or serious injury; & pattern of substandard care
Professional competency exam may be required if licensee unable to practice opt w/ reasonable skill & safety to pts as demonstrated by
For altering or modifying medical records w/ fraudulent intent. Civil penalty of $500.00 (unprofessional conduct)
Revocation & suspension
for accepting employment directly or indirectly by suspended or unlicensed optometrist, company, or corporation (unprofessional conduct)
Revocation & suspension
Unlawful to make false or misleading statements which a reasonable person should know if untrue or misleading
Violations: misdemeanor - imprisonment = 6 mos., fine = $2500, or both
For soliciting from house to house either personally or by another
Revocation & suspension
For misusing title of “Doctor” or “Dr.” as a prefix without using “Optometrist”, “Opt” or “OD” as a suffix (Cannot use title- Optometric Physician in California)
Revocation & suspension
for advertising or hold self as a specialist in eye disease & tx thereof
Revocation & suspension
for claiming to have special knowledge of optometry
Revocation & suspension
Unlawful to advertise or holding self out as an optometrist- without license
Revocation & suspension
Unlawful to advertise or furnish free or without cost optometric services when these services are contingent upon payment or other exchange of consideration for goods or other services offered by provider
Revocation & suspension
Unlawful to include advertisement of optometry practice in advertising for sale of OTC goggles, sunglasses, colored glasses or occupational eye protective devices. It is illegal for opticians to advertise the availability of services by ODs or OMDs.
Revocation & suspension
For employing “cappers” or “steerers” to obtain business- that is individuals who “steer” patients into practice. (unprofessional conduct)
Revocation & suspension
It is unlawful to 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
A violation of this section is a public offense & is punishable by imprisonment in county jail, for not more than 1 year, or in state prison or by a fine up to $10,000 or both. (Anti-kickback & fee-splitting)
to refer to a health care provider in which practitioner or immediate family member (spouse, children, parents, & spouses of children) has a financial interest w/ person or entity receiving referral. (Federal-Stark Law against self-referrals)
Unlawful. A patient may also be referred if there is no alternative provider w/i 25 mi or 40 min
A third-party payer is not to pay for services rendered in violation of this section
Significant financial interest means $5,000 or 5% of the whole
Upon receiving a request from a seller, prescriber shall have how long to confirm, alter or deny the Rx request?
1 business day or 2PM of the next business day, whichever is sooner (Fed Law for clinical practice: requires 8 business hours) to confirm, alter or deny the Rx request. If the prescriber invalidates the Rx (i.e. the Rx has expired), it must be communicated to the seller.
Prescriber is required to respond to seller’s request w/i 8 business hours, otherwise seller can assume “passive verification” and fill Rx.
It is prohibited to dispense, prescribe or sell eyeglasses which are not made of shatter-resistant lenses or non-flammable frames to whom?
one-eyed person, a law enforcement officer, a fireman, or a person under age 18
What are shatter-resistant lenses?
Shatter-resistant lenses include case-hardened lenses, laminated glass, resin lenses, or other shatter-resistant materials (There is no particular requirement for polycarbonate lenses.
Violating, attempting to violate, assisting or abetting a violation, or conspiring to violate any provision of this chapter or any rules/regulations adopted by the Board
Unprof conduct
Gross negligence
Unprof conduct
Repeated negligent acts or omissions (2 or more)- breach of standard of care that may cause harm or injury to patient
Unprof conduct
Incompetence (lack of knowledge or ability in discharging professional obligations- may also be professional inefficiency
Unprof conduct
Commission of fraud, misrepresentation, or any act involving dishonesty or corruption that is substantially related to the qualifications, functions or duties of an optometrist
Unprof conduct
Any action or conduct that would have warranted denial of license
Unprof conduct
Use of advertising relating to optometry that violates Sections 651 or 17500
Unprof conduct
Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license by another state or U.S. territory or by any other government agency or licensing board.
Unprof conduct
Procuring license by fraud, misrepresentation, or mistake.
Unprof conduct
Making or giving false information in connection w/ the application for license.
Unprof conduct-
Conviction of a felony or of any offense substantially related to the qualifications, functions, or duties of an optometrist
Unprof conduct
Self administration or conviction of a misdemeanor or felony involving the use or consumption of a controlled substance, any dangerous drugs (Section 4022), or alcoholic beverages to the extent of being dangerous or injurous to self or to public by impairing ability to practice safely
Unprof conduct
Committing or soliciting an act punishable as a sexually related crime if the act is substantially related to the qualifications, functions, or duties of an optometrist
Unprof conduct
Repeated acts of excessive prescribing, furnishing or administering of controlled substances or dangerous drugs (Section 4022), or repeated acts of excessive tx
Unprof conduct
Repeated acts of excessive use of diagnostic or therapeutic procedures or use of facilities.
Unprof conduct
Prescribing, furnishing, or administering of controlled substance or drugs (Sec 4022), or tx w/o a good faith prior exam or optometric reason
Unprof conduct
Failure to maintain adequate & accurate records relating to the provision of services (may also be professional inefficiency)
Unprof conduct
Performing, or holding oneself as being able to perform, or offering to perform, any service beyond the scope of license.
Unprof conduct
Practicing optometry w/o a valid, unrevoked or unexpired license.
Unprof conduct
Employing, directly or indirectly, any suspended or unlicensed OD to perform work requiring a license
Unprof conduct
Permitting another person to use licensee’s license
Unprof conduct
Altering w/ fraudulent intent or using a fraudulently altered license, permit/certification or registration issued by SBO
Unprof conduct
Knowingly failing to protect pts or failing to follow infection control guidelines of the Board as developed by Department of Health Services & California Occupational Safety & Health for the prevention of transmission of HIV, hepatitis B, & other blood borne pathogens
Unprof conduct
Failure or refusal to comply w/ a request for the clinical records of a pt by the Board- within 15 days when accompanied by written authorization from pt- unless unable to comply for good cause
Unprof conduct
Failure to refer a pt to an appropriate physician & surgeon if an examination of the eyes indicates a substantial likelihood of any pathology requiring attention of that physician & surgeon
Unprof conduct
SBO may take action against or investigate anyone who violates the Opt Practice Act Board maintains central file- complaints/judgments held for ____ years
5
Violations against the Opt Practice Act
Misdemeanor- county prison 10 days- 1 yr and/or fine $100/$1500
Statute of limitations
7 years after act or omission occurs (3 yrs after discovery of SBO). For child- 10 yrs or majority of age
Limitation does not apply to
fraud/ willful misrep, unprof conduct based on incompetence, gross negligence, repeated acts of negligence, sexual misconduct with a minor, ongoing criminal investigation
Insurance & licensee must report to SBO w/i _______ every settlement/arbritration over _______. Intentional non-compliance fine of ______
30 days/ $3000, $5000 to $50000
Altering or modifying medical records
Civil penalty $500
An applicant who fails to pass either Section II of NBEO or the California Law exam after ___ consecutive years must retake Section II & III of NBEO and the California Law Exam
5 years
When does license expire?
Last day of birth month following original issue; thereafter at midnight of birth month every 2 years
Name of corp must contain
Name of present/prospective former shareholder, also designation as Opt Corp, Prof Corp or Inc.
Minimum liability insurance
$50000 x number licensed persons rendering opt serv. All shareholders jointly/individually liable
OD may be a shareholder, officer, director or prof employee of prof corp with whom?
MD, podiatrists, psychologists, RNs, chiropractors, acupuncturists, & naturopathic docs
Prof corp subject to what laws?
General corp law & B&P code
Prof corp owned by 1 person must be what?
Licensed & serve as shareholder, director, pres, & treas
Shares can be _______ to OD/prof corp
Issued/transferred
Glaucoma certification
- hold an active license as optom in California
- be TPA certified
- complete 24-hour didactic course in dx, pharm & other tx of glaucoma if graduated prior to May 1, 2000
- complete case management requirement of minimum of 25 pts - each prospectively treated for minimum of 12 consecutive months
- glauc certified OD required to complete 10 hrs of glauc specific CE every renewal period - 10 hours shall be part of the required 35 hours on dx, tx & management of oc dz
- licensees graduating from accredited school or college of opt after May 2008 are exempt from didactic course & case management requirement
The ED of SBO may issue a ________ against licensee for any violation of law/reg or against unlicensed person for activities req license. Total fines for any violation cannot exceed ________.
Citation for fine and/or order of abatement. $5000. Ed cannot impose duplicate fines for same violations
Violation of spec Rx exp date
Unprof conduct
Violation of CL Rx exp date
Unprof conduct
CA Law on releasing CL Rx for RGP lenses, keratoconus lenses, custom soft torics etc
Prescriber discretion
Fed Law on releasing CL Rx for specialty CL
NO DISCRETION- all types of lenses CL Rx must be released upon completion of exam or fit process
When does the CL process begin/end?
CL fit process begins after the compr exam-includes eval for specs/fit, FU exams. Ends when proper fit achieved. For estab pt, ends when no change in CL Rx determined
T/F Fees can be charged for releasing CL Rx
False
T/F An exam fee may be required to be paid before releasing written Rx
True
T/F CL services can be conditional to CL purchases
False
Fed law: can charge for what type of CL?
Specialty not standard
Willful failure/refusal to comply w/ prescription lenses law
Susp/revoc of license
T/F Seller can alter CL specs or substitute difference manufac/brand or other phys props of CL
False
Fed law how long my Dr respond for confirm of CL Rx
8 business hours
It is ______ for a registered dispensing optician to do any of the following: to advertise the furnishing of, or to furnish, the services of an optom or a physician & surgeon, to directly employ an optom or physician & surgeon for the purpose of any exam or tx of the eyes, or to duplicate or change lenses w/o a prescription or order from a person duly licensed to issue the same
Unlawful
Violation of reg disp opticians
Misdemeanor- county prison 10 days- 1 year &/or fine of $200-$1000
T/F Cannot advertise state or NBEO certification or specialties
True
Advertising may include
- Name, address, office hrs
- languages spoken
- certifications or accreditations (NO STATE OR NBEO BOARD CERTIFICATION; NO SPECIALTIES)
- providing services under specific insurance or plans
- degrees, schools, postgrad train, teaching
- affiliations w/ hospitals/clinics
- fees/descriptions- service/prod; method of pay
- any other factual info (cannot be prevented)
Optometrists allowed to lease space from an optician or health plan as long as there are sufficient protections to ensure the docs who work in these settings can practice _____
Independently
Although a landlord can require optometric services to be provided during business hours; landlords cannot do what?
Control the docs schedule, how many pts the doc sees or the time interval for appts
Lease payments cannot be made based on what?
Number of eye exams performed, prescriptions written, pt referrals or the sale or promotion of the products of an optician, optical company or health plan
In a lease situation, an optom has exclusive control over the selection & supervision of what?
Optom staff, fees charged, exam procedures & tx provided
Violation of leasing code
Unprof conduct subject to suspension/revocation of license; misdemeanor- county prison - 6 mo and/or fine up to $2500
Standards for Health Serv Plans
Each health care or spec health care plan is licensed by the state under Knox-Keene Health Care Serv Act & regulated by Dep of Managed Health Care. All prof employed or under contract are licensed by their respective boards
T/F Fee may be charged for prep, clerical/copy costs for summary of records
True
T/F Cannot withhold release of records because of unpaid bills
True
T/F Prescription cannot be withheld if bill not paid
False
Violation of release of records
Unprof conduct- fine $100 or less, & susp/revoc of license
T/F Inspection/copies not permitted of drug/alcohol/communicable disease records
True
Assaultive or Abusive Conduct-Domestic Violence: OD must contact a local enforcement agency by telephone & must send a California Emergency Management Form 5-502 to a local law enforcement agency w/i ____ of discovering injury
2 working days
Failure to report a pt injury resulting from assaultive or abusive conduct
Misdemeanor, punishable by imprisonment in county jail for max of 6 mo, by $1000 fine
