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California Optometry Law > Licenses > Flashcards

Flashcards in Licenses Deck (48):

Guidelines for retention of patient record. Adult ; Minor

-a minimum of 7 yrs for Adults from the date treatment was complete.
-Minor, minimum 7 yrs and until pt reaches 19yrs old.


An OD shall contain what information in patients payment receipt ?

(a) His or her name.
(b) license number
(c) place of practice.
(d) A description of the goods/services for which the patient is charged and the amount charged.


Inspection of patient records by patient or his/her representative are permitted within what time limit

During business hours within 5 working days


ODs can obtain the copies of patient records within ..... after receiving the request by patient or his/her representative

15 days


OD can provide summary of records requested by patient or representative y how many days

10 working days


How many yrs an OD shall keep record for an 5 yr old patient.

14 yrs..


In what case, a provider should not charge for heath records

proof that the records are needed to support an appeal regarding eligibility for a public benefit program. (Medi-Cal, social security disability insurance benefits, SSI, State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP) benefits)


Significant financial interest means

$5,000 or 5% of the whole.


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 is violation of

public offense and is punishable by imprisonment in county jail, for not more then 1 year, or in state prison or by a fine up to $10,000, or both.


A patient may also be referred if there is no alternative provider within 25 miles or 40 minutes



Referral to or consultation from an organization in which licensee has financial interest is permitted only if

if financial interest is disclosed in writing at time of referral or request for consultation


On what basis a license shall not be denied, suspended, or revoked ?

-anyone with lack of good moral character, reputation, personality, or habits.
-on the basis of felony conviction if applicant has certificate of rehabilitation.


With default on educational loan, in order for board to issue a citation or to deny a license to an applicant, a board shall take into consideration the following:

-The population served by the health care practitioner.
-The health care practitioner's economic status.


In a situation when a prescription drug or device is not in stock, the licentiate shall take one of the following actions:

(A) Immediately notify the patient and arrange for delivery to the site or directly to the patient in a timely manner.
(B) Promptly transfer the prescription to a nearby pharmacy that has it available to ensure the patient has timely access to the drug or device.
(C) Return the prescription to the patient and refer the patient to a pharmacy that stocks the prescription drug.


Any person unable to practice his/her profession safely because of impairment due to mental or physical illness affecting competency, the licensing agency may order appropriate examinations, revoke or suspend license, place on probation, or apply other restrictions.



As far as Marketing, what are the regulations for price advertisements?

-price must be exact
-Cannot use words such “as low as,” “and up to,” “lowest prices,” or statements or advertisements of bait, discount, premiums or gifts.


Reasonable causes to believe that the licensee is unable to practice optometry and for professional competency examination are

(1) A single incident of gross negligence.
(2) A pattern of inappropriate prescribing.
(3) An act of incompetence or negligence causing death or serious bodily injury.
(4) A pattern of substandard care.


Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall

inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.


In Telehealth the "Asynchronous store and forward" means....

the transmission of a patient’s medical information from an originating site to the health care provider at a distant site without the presence of the patient


In Telehealth the “Synchronous interaction” means

a real-time interaction between a patient and a health care provider located at a distant site.


What are the guidelines on notifying of practice address if OD is practicing at a place temporarely?

Report the address to board if practicing more than 5 days in 30 day period or more than 36 days in calendar year


What are the license requirements for OD to practice in health facility and residential care facility

-OD maintains a primary business office separate from that facility that is open to the public.
-Patient records shall be maintained at this location for 7 years.


Branch office definition

-Additional Office that must be registered to practice optometry.
-OD must notify board if opening branch office and obtain branch office license.


Use of fictitious names not permitted if applicant or applicants are practicing optometry in ........

in a community clinic


if OD owned or works in more than one office, needs to post a

statement of licensure placed in all practice locations other than principal place.


Licensed OD shall provide to each patient that makes a payment to the practice, excluding insurance co-payments and deductibles,........I

a receipt with his/her place of practice, number of certificate, description of goods and services furnished, and amount charged.


In a change of ownership, the successor O.D. may use the name of predecessor for how long

for not more than 2 years.


Exceptions to delay/skip CE requirements

illness, incapacity, unavoidable circumstances; first license within previous 2 years.


TPA licensed optometrist, CE requirement are

-50 hours every 2 years
35/50 shall be on the diagnosis, treatment, and management of ocular disease in any combination of the following areas: Glaucoma, Ocular infection, Ocular inflammation, Topical steroids, Systemic medication, Pain medication.


What are the Guidelines for elder abuse if an OD has observed, suspicious or has knowledge of?

-immediately through a confidential Internet reporting tool. OR
-telephone immediately followed by written/internet report within 2 working days


What information is required on display for patients to view about their health care practitioner ?

-Name and license type
-Highest level of academic degree
-Board certification


According to infection control guidelines, OD needs to wash hands if hands are visibly soiled?

Wash with soap and water for 20s scrub and 10s rinse.


Examples of Child abuse

physical injury inflicted by other than accidental means, sexual abuse, neglect, willful harming or injury of a child, endangering of a person or health of a child, and unlawful corporal punishment or injury.


Examples of elder abuse

physical abuse, abandonment, abduction, isolation, financial abuse, or neglect


To avoid misdemeanor, a mandated reporter shall report child abuse within what time frame?

Immediately by telephone to local government agency followed by written report within 36 hours of receiving the information concerning the incident


What are the example of local government agencies

Local Police or Sheriffs department, county probation department , county welfare department.


OD shall notify the board of any change of mailing address of its principal office within how many days.

30 days after the change


Unlawful discrimination by licensees is subject to......

Disciplinary actions


False representation of facts is violation of ....

Felony punishable by a fine of $2,000 to $6,000 or imprisonment in state prison


On what bases an OD has permission to stop a patient in obtaining drugs and devices.

-Based solely on the licentiate’s professional training and judgment the drug or device would cause harmful drug interaction or affect the patient’s condition.
-prescription drug or device is not in stock
-refuses on ethical, moral, or religious grounds to dispense a drug.
-if the licentiate has previously notified his or her employer, in writing.


Fraudulent altering or modifying medical records considered as.....

Unprofessional conduct and subject to disciplinary action with civil penalty of 500$


Cause for professional competency examination

-single incidence of gross negligence
-pattern of inappropriate prescribing
-act of incompetence or negligence causing death or serious injury
-pattern of substandard care.


Define Negligence

Defined as a circumstance in which an optometrist fails to exercise the standard of care that a reasonable optometrist would have exercised in the same or similar situation. It is an unintentional careless wrongdoing.


Price advertisement guidelines

-must be exact - clearly identifying the price for each product or service.
-Cannot use words such “as low as,” “and up to,” “lowest prices,” or
-Cannot use statements or advertisements of bait, discount, premiums or gifts.


Unlawful discrimination of licensees and sexual misconduct with patient is subject to

Disciplinary action


Define professional inefficiency

Failure to use or lack of proficiency in the use of various instrument and failure to make carefully record of the findings


Board can issue citation and fine if ....

-failure to submit notification of address change of principal office
-default in education loan


Fraudulent altering or modifying medical record is considers as

Unprofessional conduct and subject to disciplinary action and civil penalty of 500$