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California Optometry Law > Licenses > Flashcards

Flashcards in Licenses Deck (43):

Optometrist shall retain a patient's records for how many years? And how many years for minor patients? . If the patient is a minor, the patient's records shall be retained for a

-a minimum of seven years from the date he or she completes treatment of the patient.
-For records of unemancipated minors shall be kept minimum of seven years plus at least one year after the minor has reached the age of 18 years.


a receipt given by optometrist to the patient for the payment to the practice contains what information:

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


According to Legislature, who can have access to patients record

-those persons having responsibility for decisions respecting the health care of others.


What is not included in patients records

-information given in confidence to a health care provider by a person other than another health care provider or the patient
-information contained in aggregate form, such as indices, registers, or logs.


Patient’s representative” or “representative” are

-Parent or guardian of a minor
-The guardian or conservator of the person of an adult patient
-An agent
-The beneficiary


Who are entitled to inspect patient records upon presenting to the health care provider a written request

-any adult patient of a health care provider, -any minor patient authorized by law to consent to medical treatment, and
-any patient representative


health care provider shall permit inspection of health records in what time period and within how many working days

during business hours within five working days after receipt of the written request


Copies of health records should not exceed how much per page and transmitted within how many days after receiving the written request ?

-0.23-0.50 per page
-15 days


Summary of the record rather than access to the entire record, shall be available to the patient within how many working days

10 working days


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


violation to have any membership, proprietary interest, co-ownership, landlord tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly with opticians or with persons engaged in manufacture, sale or distribution of optical supplies or ophthalmic products or appliances is a

is a misdemeanor


In what condition health care providers are hereby expressly authorized to grant discounts for health or medical care to patients

-If patient is not eligible for, or is not entitled to, insurance reimbursement, coverage under the Medi-Cal program, or coverage by a health care service.
-To encourage the prompt payment of health or medical care claims.


Violation to have any membership, proprietary interest, co-ownership, landlord tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly with opticians or with persons engaged in manufacture, sale or distribution of optical supplies or ophthalmic products or appliances. Any violation by a licensed or unlicensed person is a misdemeanor.



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:

(1) The population served by the health care practitioner.
(2) The health care practitioner's economic status.


A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action



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.


Telehealth also applies to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.



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.


As far as registration ( change of address) what is ODs responsibility on temporary practice space

-not required to report as long as it doesn't exceed 5 days in 30 day period or 36 days in calendar year
-not required to post a copy of his/her current license.
-required to issue a receipt with his/her primary practice location and temporary practice location.


What are the Requirements if OD 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 and made available at this location for 7 years.
• A copy of any referral or order requesting optometric services from the health facility, administrator, director of social services, attending physician, patient or family member shall be kept in patient’s record.


An optometrist, or two or more optometrists jointly, may have one office without obtaining a branch office license from the board.



optometrist can own, maintain , or operate more than one branch office if

if he or she is in personal attendance at each of his or her offices 50 percent of the time during which the office is open for the practice of optometry.


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 in additional office


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

for not more than 2 years.


OD shall notify the board of any change of mailing address of its principal office within

30 days after the change


Board can make exceptions for CE requirements for reasons of ......

for reasons of health, military service, or other good cause.


non-TPA licensed optometrist, CE requirement are

20 hours per year immediately preceding the renewal date.


TPA licensed optometrist, CE requirement are

-50 hours every 2 years
35 of the 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.


Child Abuse and Neglect Must be reported in ....

immediately or as soon as practically possible by telephone, followed by written report within 36 hours of initial report


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

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


In case of elder abuse, mandated reporter must report by ...

telephone immediately, and by written report within two working


In case of child abuse, Mandated reporter shall make initial report immediately

by telephone, and written report to local governmental agencies within 36 hours of initial report.