Legal Issues/ Ethics Flashcards

1
Q

What percentage of the exam questions are covered by this chapter?

A

2%

This percentage reflects the portion of exam questions related to the chapter on legal issues and ethics.

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2
Q

What topics are included under Legal Issues / Ethics according to the NBEO website?

A
  • Licensure and governmental regulation of optometry
  • Standards of professional ethics
  • Doctor-patient relationship
  • Professional liability

These topics are essential for understanding legal and ethical considerations in optometry.

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3
Q

What does the Federal Patient’s Bill of Rights state about patient provider choice?

A

Patients should be able to choose their providers to guarantee quality healthcare.

This right emphasizes the importance of patient autonomy in healthcare.

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4
Q

What information must patients receive according to the Federal Patient’s Bill of Rights?

A

Accurate, easily understood information to make informed healthcare decisions.

This ensures that patients are well-informed about their healthcare options.

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5
Q

What right do patients have regarding decisions about their healthcare?

A

Patients have the right to actively participate in decisions regarding their healthcare.

This right reinforces the collaborative nature of the doctor-patient relationship.

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6
Q

Who can represent a patient in healthcare decisions if they are unable to do so?

A

Family or a guardian.

This provision protects the rights of patients who cannot make decisions for themselves.

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7
Q

What confidentiality law must healthcare providers follow according to the Federal Patient’s Bill of Rights?

A

HIPAA

HIPAA stands for the Health Insurance Portability and Accountability Act, which protects patients’ identifiable health information.

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8
Q

What is required of patients concerning payment for their medical care?

A

Patients are required to make a good faith effort to pay for their medical care.

This requirement emphasizes the shared responsibility in the healthcare system.

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9
Q

What are the requirements of informed consent for healthcare providers?

A
  • Explain the diagnosis/problem
  • Explain treatment management
  • Describe possible risks and benefits
  • Describe alternative treatment options

These steps ensure that patients understand their treatment options and the associated risks.

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10
Q

Who can give consent for a patient who cannot make informed decisions?

A

A surrogate or guardian.

This is crucial for patients who are children or lack mental capacity.

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11
Q

Is a provider required to obtain signed consent from the patient in all cases?

A

No

Providers are not always required to obtain signed consent, depending on the situation.

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12
Q

What must optometrists do regarding spectacle prescriptions?

A

Release a spectacle prescription to the patient, regardless of changes.

This ensures patient access to their prescription information.

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13
Q

What is the ethical stance regarding comments about colleagues?

A

It is not ethical to make derogatory comments about your colleagues.

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14
Q

Who owns patient records according to optometry standards?

A

Doctors have ownership of patient records; patients do not own their medical records.

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15
Q

What rights do patients have regarding their medical records?

A

Patients have the right to view and obtain copies of their medical records.

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16
Q

Under what conditions can doctors withhold patient records?

A

Doctors can withhold release of records until the patient initiates some payment for services rendered.

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17
Q

What is the ownership status of patient records when a doctor leaves a practice?

A

All partners in a practice have joint legal ownership; independent contractors own records only for managed patients.

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18
Q

Do employees have any legal ownership of patient records?

A

No, employees have no legal ownership to any of the patient records.

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19
Q

What is the responsibility of an optometrist regarding staff training?

A

Optometrists must train staff to properly triage phone calls.

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20
Q

What are the consequences if a staff member fails to schedule an emergent appointment?

A

The doctor is responsible if the patient loses vision or dies before their appointment.

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21
Q

Define Autonomy in the context of patient rights.

A

Patients have a right to make their own decisions.

22
Q

What does Beneficence mean?

A

Helping others; it relates to the benefit others receive from help.

23
Q

What is the Good Samaritan Law?

A

It protects individuals providing emergency healthcare from liability for poor outcomes.

24
Q

Define Justice in a healthcare context.

A

Equal treatment of similar cases and fair distribution of goods and services.

25
Q

What is the Medical Tribunal System?

A

A system that decides if a claim has merit to proceed as a lawsuit.

26
Q

What does Nonmaleficence mean?

A

Providers should ‘do no harm.’

27
Q

What are Punitive Damages?

A

Fines/Damages designed to punish an optometrist for terrible patient care.

28
Q

What is the Statute of Limitations?

A

The maximum time parties have to initiate legal action.

29
Q

What is Tort Reform?

A

Caps/limits on the fines/damages awarded during lawsuits.

30
Q

What is the primary purpose of HIPAA?

A

To preserve the patient’s right to privacy

HIPAA stands for the Health Insurance Portability and Accountability Act.

31
Q

List three examples of patient identifiers protected by HIPAA.

A
  • Patient’s Name
  • Social Security Number
  • Medical Record Number
32
Q

True or False: HIPAA applies to all individuals and organizations.

A

False

HIPAA only applies to Health Care Providers, Plans, and Clearinghouses.

33
Q

Under what condition can providers share medical information with a patient’s friends and family?

A

With the patient’s consent

34
Q

What must a contact lens prescription be valid for at a minimum?

A

At least one year

Unless there is a medical indication for a sooner expiration date.

35
Q

Who can prescribe contact lenses?

A
  • Optometrists
  • Ophthalmologists
  • Opticians
36
Q

Fill in the blank: A contact lens prescription must be released to the patient after the _______ is completed.

A

[fitting]

37
Q

What is required of a third-party seller of contact lenses regarding prescription verification?

A

They must verify the contact lens prescription.

38
Q

How long does an optometrist have to verify a contact lens prescription once contacted?

A

8 business hours

39
Q

What happens if an optometrist does not respond to a prescription verification request within 8 hours?

A

It is considered ‘passive verification’ and the third party seller can fill the prescription.

40
Q

True or False: The optometrist needs permission from the patient to release medical information for contact lens prescription verification.

A

False

41
Q

Name two exceptions to HIPAA.

A
  • Sharing medical information with the patient’s consent
  • Reporting an epidemic to a government agency
42
Q

List five patient identifiers as defined by HIPAA.

A
  • Email Address
  • Phone Number
  • Vehicle Identifiers
  • Date of Birth
  • Biometric Identifiers
43
Q

What is the Stark Law regarding optometrists?

A

Optometrists are prohibited from referring a Medicare/Medicaid patient to a doctor who is their family or with whom they have a financial relationship.

The law is designed to prevent conflicts of interest in medical referrals.

44
Q

What should an optometrist know when making a referral?

A

The specialist they refer the patient to is competent to treat the patient.

Competence ensures that the patient receives appropriate care.

45
Q

What information should an optometrist provide when making a referral?

A

The patient’s medical history information.

This is crucial for the specialist to understand the patient’s background and needs.

46
Q

Is it legal for optometrists to receive kickbacks for referrals?

A

No, it is illegal for optometrists to receive kickbacks/money for making a referral in many states.

This regulation helps prevent unethical practices in healthcare.

47
Q

Are specialists required to send patients back to the referring optometrist?

A

No, specialists are allowed to steal patients from the referring optometrist.

This can create competition among healthcare providers.

48
Q

What is the responsibility of optometrists after making a referral?

A

Optometrists are NOT responsible for the patient’s treatment after they have made the referral.

This delineates the boundary of care responsibilities.

49
Q

What is the purpose of Antitrust Laws?

A

To maintain the free market economy and thereby protect consumers.

These laws prevent monopolistic practices and promote competition.

50
Q

Can optometrists engage in price-fixing?

A

No, optometrists are not allowed to engage in price-fixing by collaborating to set their fees.

Each office must independently set their own fees to ensure fair competition.

51
Q

What is prohibited regarding suppliers or businesses?

A

Optometrists cannot join forces to boycott a specific supplier or business.

This rule is in place to prevent anti-competitive behavior.