California Optometry Laws & Regulations Exam 2026/2027 | State Board of Optometry | Jurisprudence Assessment | Verified Questions & Answers

California Optometry Laws & Regulations Exam 2026/2027 | State Board of Optometry | Jurisprudence Assessment | Verified Questions & Answers Q: What is the penalty for displaying a cancelled, suspended, or fraudulently altered license? Answer Misdemeanor charge Q: What is the penalty for lending one's license to another person? Answer Misdemeanor charge Q: What is the penalty for failing to surrender a suspended, revoked, or cancelled license? Answer Misdemeanor charge Q: What is the penalty for knowingly permitting unlawful use of a license? Answer Misdemeanor charge Q: What is the penalty for photographing, duplicating, or reproducing a license that could be mistaken for valid? Answer Misdemeanor charge Q: What is the penalty for buying or receiving a fraudulent, forged, or counterfeited license? Answer Misdemeanor charge Q: What is the penalty for engaging in any conduct that subverts or attempts to subvert any licensing exam or administration of an exam? Answer Misdemeanor charge Q: 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? Answer Misdemeanor charge Q: 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 $5000 Q: 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? Answer Misdemeanor charge Q: 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. Q: 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. -- Board may publicly reprove a licentiate for any act constituting grounds for suspension or revocation of license. Q: Who (4) must you dispense, prescribe or sell eyeglasses with shatter-resistant lenses or non-flammable frames to ? Answer -- One-eyed person -- Law enforcement officer -- Fireman -- Person under 18 years old Q: When are you required to conduct an investigation of the person's occupation in determining if shatter-resistant lenses are necessary? Answer When you are informed by that person, or when you have personal knowledge of age or occupation Q: What is the penalty for sale, procurement or use of a professional degree not legally obtained? Answer Felony charge punishable by a fine of $2,000 to $6,000 or imprisonment in state prison, and other possible civil, criminal or administrative action. Q: What is the penalty for willfully making a false statement in a material regard or engaging in impersonation during licensing exams? Answer Felony charge punishable by a fine of $2,000 to $6,000 or imprisonment in state prison, and other possible civil, criminal or administrative action. Q: What is the penalty for offering, delivering, receiving or accepting any rebate, refund, commission, preference, discount or other consideration of money or otherwise as compensation or inducement for referring patients? Answer Imprisonment in county jail, for not more then 1 year, or in state prison or by a fine up to $10,000, or both. Q: 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? Answer None -- it is legal ("not illegal") Q: 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. Answer False. It is legal and shall not constitute a referral of patients. The fee paid to the advertiser shall be commensurate with the service provided. Q: What immediate family members count as financial interest? Answer Spouse, children, parents, and spouses of children Q: What amount counts as significant financial interest? Answer $5000 or 5% of the whole Q: 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? Answer Cannot 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? Answer Cannot be less than 1 year and cannot be terminated for a reason that interferes with practice of optometry T/F: Landlord-tenant lease payments can be based on number of eye exams performed, prescriptions written, patient referrals or the sale or promotion of the products of an optician, optical company or health plan Answer False Who has exclusive control over the O.D. schedule, how many patients seen, and time interval for appointments in a landlord-tenant relationship? Answer Optometrist Who has exclusive control over the selection and supervision of optometrist staff in a landlord tenant relationship? Answer Optometrist Who has exclusive control over the fees charged, exam procedures and treatments provided in a landlord-tenant relationship? Answer Optometrist In a landlord-tenant relationship, who owns the optometrist's records? Answer Optometrist In a landlord-tenant relationship, what health plans can be contracted with? Answer Optometrist is free to contract with a health plan of their choice In a landlord-tenant relationship, what are the stipulations regarding the optometrist's leased space, signs, and displays? Answer -- Leased space is definite and distinct from space occupied by other occupants of the premises, -- Leased space must be accessible to the optometrist after hours or in the case of an emergency, subject to the facility's general accessibility -- 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? Answer Misdemeanor charge What does the law say regarding prompt payment of medical claims? Health 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? Health 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) Health 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? -- 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? -- 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)? OD 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? A state license is not required. Practitioners are subject to the scope of practice established by federal statue or regulations/tribal health program. What is the penalty for excessive prescribing or administration of drops/treatment? Misdemeanor charge punishable by a fine of $100-$600, imprisonment of 60 to 180 days, or both. Also considered unprofessional conduct. What is the penalty for any act of sexual abuse, misconduct or relations with a patient, client or customer, other than a spouse or person in an equivalent domestic relationship? Considered unprofessional conduct and grounds for disciplinary action. What is the penalty for engaging in or aiding/abetting substance abuse in the workplace? Considered unprofessional conduct subject to suspension or revocation of license with a civil penalty of $2500-$5000 per offense. What are exceptions to dispensing drugs and devices that are legally prescribed/ordered for a patient? -- Licentiate determines drug or device would cause harmful interaction or adversely affect patient's medical condition -- Drug or device not in stock -- May decline on basis of ethical, moral or religious grounds only if licentiate has informed employer of specific objections and employer has made arrangements to give patient timely access to prescribed drug or device What are 4 examples of things documented in your file with the Board of Optometry? Under what 2 circumstances is your central file with the Board of Optometry purged of a complaint? -- 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 30 days; $3000 What is the penalty for failing to comply with reporting or malpractice settlement and arbitration awards? Public offense punishable by a fine of $5000 to $50,000 What is the penalty for insurance fraud? Considered 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? 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 False T/F: Optometrists are allowed to serve as a CLIA director of a laboratory True Under what circumstances are you exempt from liability for performing a procedure on a minor? Provider 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 Any 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? Patient'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 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. What is the penalty for violating expiration date of spectacle lens? Unprofessional conduct T/F: Prescriber must orally inform patient of spectacle lens expiration date. True T/F: Spectacle lens expiration date can not be extended by prescriber. False T/F: Expired prescriptions may be filled in event of loss, breakage or damage. True; the dispenser shall recommend that patient returns to prescriber for an eye examination. Expiration date for contact lenses 1-2 years from date of issuance, unless by patient history or circumstance there is reasonable probability of change earlier than one year. The exp. date must not be less than re-exam date What is the penalty for violating expiration date of contact lens? Unprofessional conduct T/F: The prescriber/RDO shall provide the patient with a copy of the CL prescription upon completion of the eye exam or the CL fitting process. True T/F: The prescriber is required to release all CL Rx including for RGP lenses (spherical, bitoric, bifocals), keratoconus lenses, and other custom designed lenses manufactured for an individual patient and not mass produced. FALSE for California state law. TRUE for federal law. 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. False; must keep record for 3 years What information must be included on a CL RX? Sufficient 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? Begins 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. False; 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. True. (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. False; 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. True What is the penalty for failure or refusal to comply with release of CL prescription laws? Grounds 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? Misdemeanor charge What are the duties of an RDO in regards to contact lenses? A 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? A 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. True What procedures are NOT allowed by ophthalmic and optometric assistants (including unlicensed new OD graduate)? Basically the ocular health examination portion (i.e. slit lamp, DFE, BIO). Also can not prescribe glasses or contact lenses. They can pretty much do everything else including subjective refraction... Under what conditions can an ophthalmic/optometric assistant perform preliminary subjective refraction? -- Must have 45+ hours of documented training -- Must be performed when supervising OMD/OD is physically present at same location in conjunction with in-person exam performed by OMD/OD -- May use appropriate related equipment T/F: A person located outside California may ship, mail, or deliver in any manner, replacement CL at retail to a patient in California if registered with the State Board of Optometry of California and if pursuant to a valid prescription. True. When CLs are supplied in this manner, the patient must be warned to consult with the prescribing doctor if any eye problem occurs. Upon receiving a request from a CL seller, the prescriber shall have ____ business day(s) or until ____ o'clock of the next business day, whichever is sooner to confirm, alter or deny the prescription request. CA law: 1 business day or 2PM next business day Federal law: 8 business hours T/F: A seller can alter any of the CL specs or substitute a different manufacturer, brand, or other physical property of the lens False. 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. True Definition of registered dispensing optician (RDO) Individuals, 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? Eye 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: or (916) 575 7170 Email: Website: It is unlawful for an RDO to do which of the following 3 things? -- 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. True 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. False. They have the authority to inspect for purposes of determining compliance with Section 655. 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. False. There is no prohibition against these types of sales, and no restriction on who may sell them. T/F: It is permitted to sell or merchandise complete ready-to-wear eyeglasses. True T/F: Anyone may fit and adjust spectacle lenses. False. Only a registered spectacle lens or contact lens dispenser or an individual under the direct responsibility and supervision (present on premises) of a registered dispenser may fit and adjust spectacle lenses. To be licensed, an RDO-registered spectacle lens dispenser must pass the Registry Exam of the American Board of Opticianry or any successor agency. T/F: Only a registered spectacle lens or contact lens dispenser may fit and adjust CL, including Plano CL. False. A duly registered CL dispenser or an individual under the direct supervision of a registered CL dispenser may do so. (Registered spectacle lens dispenser NOT explicitly included) A technician or assistant under the direct responsibility and supervision of the OD/MD may also fit contact lenses. A registered CL dispenser must direct patient to return to prescriber for evaluation after completing the CL fitting but not more than ___ days after receipt of prescription. 60 days An OD must keep patient records for a minimum of ___ years from the date treatment is completed; for a minor, record must be kept a minimum of ___ years and at least until patient reaches age ___. 7 years; 7 years; age 19 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. True Define "adnexa" Eyelids 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" Portion 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. True T/F: The practice of optometry includes habilitative and rehabilitative services. True 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). True T/F: TPA certified OD can use/prescribe/administer controlled substances and antiglaucoma agents. False. 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. 3 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. Schedule 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? Primary 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. False. 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)? Influenza, 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. True T/F: Optometrists are not permitted to perform skin testing in-office to diagnose ocular allergies and must refer to patient's primary care provider. False; they are permitted to perform skin testing, limited to superficial layer of skin. T/F: Imaging studies (including x-rays) ordered from outside facility are subject to prior consultation with an appropriate physician and surgeon. True T/F: Optometrists may order imaging studies in-office that utilize diagnostic laser, ultrasound or radiation technology. False. May include laser and ultrasound but EXCLUDES radiation (i.e. CT scans, fluoroscopy, conventional x-ray). T/F: Optometrists may perform corneal scraping with cultures and mechanical epilation. True T/F: Optometrists may debride corneal epithelium including that associated with band keratopathy. False. Can debride corneal epi NOT associated with band K. T/F: Optometrists may collect blood by skin puncture or venipuncture for lab testing only in diabetic patients. False. Authorized to collect for conditions authorized by this law (i.e. diabetes, iritis, etc.) T/F: Optometrists may remove sutures, subject to co-management with OMD performing surgery. True T/F: Optometrists may treat or remove sebaceous cysts by expression. True T/F: Optometrists may perform lacrimal punctal occlusion using plugs or place a stent or similar device in lacrimal canaliculus to deliver medication. True T/F: Optometrists may perform foreign body and staining removal from cornea, conjunctiva and eyelid with any appropriate device besides a needle or scalpel. False. Can use ANY appropriate device including needle and scalpel. T/F: Removal of corneal foreign body is limited to non-perforating, no deeper than bowman's layer, and not reasonably anticipated to require surgical repair. False. No deeper than mid-stroma. T/F: Optometrists may perform lacrimal irrigation and dilation in patients 18 years or older. False; 12 years or older. T/F: Optometrists may probe the nasolacrimal tract in patients of any age. False. They may not probe (at any age). T/F: Optometrists may administer oral fluorescein for purpose of ocular angiography; or intravenous injection of fluorescein for purpose of performing ocular angiography at the direction of an OMD as part of an active treatment plan in a setting where a physician and surgeon is immediately available. True T/F: Optometrists may use noninvasive devices delivering intense pulsed light therapy or low light therapy that do not rely on laser technology, limited to treatment of conditions and diseases of the adnexa. True T/F: Optometrists may not use intranasal stimulators in conjunction with treatment of dry eye. False; they are permitted T/F: Optometrists may use any noninvasive device or technology that constitutes surgery -- involving cutting, altering, or otherwise infiltrating human tissue by any means. False; performing surgery is excluded from the scope of optometry. T/F: Optometrists cannot treat anterior segment inflammation or conditions of the sclera (i.e. dacryocystitis, canaliculitis and scleritis) in patients under 18 years of age. True What 5 things are specifically allowed to be treated in a patient under 18 years of age? -- Conjunctival infections/inflammation -- Non malignant ocular surface disease (including dry eyes) -- Contact lens related inflammation of cornea managed with PCP T/F: Optometrists must consult with appropriate physician/surgeon for using oral steroids in patients under 18 years of age. True T/F: There is no restriction on topical steroid use in any age of patient. True T/F: There is no restriction on oral steroid use in patients 18 years and older. True T/F: Optometrists may use non-antibiotic oral medication in patients under 5 years of age only in consultation with appropriate physician and surgeon. True T/F: There is no restriction on oral or topical antibiotic use in patients of any age. True What 5 classes of drugs are excluded from the practice of optometry (unless they have explicit FDA-approved indication)? Anti-amoebics, anti-neoplastics, coagulation modulators, hormone modulators, and immunomodulators. What are the 4 requirements for a TPA certified OD to become authorized to administer immunizations? -- Complete CDC immunization training program -- Certified in basic life support -- Complies with state and federal record keeping and reporting requirements -- Applies for immunization certificate on board approved form T/F: It is unlawful to dispense, replace or duplicate ophthalmic lenses without prescription or order from OD or MD. True T/F: Undergraduate and graduate students of optometry are exempt from licensing if activities/practice are confined to clinical education and clinical department of a school or college of optometry. True T/F: Any person not claiming to be competent in examining or prescribing for refractive errors is prohibited to sell goggles, sunglasses, colored glasses or occupational eye-protective devices (with no refractive value); and ready to wear eyeglasses. False. It is not prohibited. What are the continuing education requirements for a TPA certified OD? 50 hours of CE every 2 years -- 35 hours must be TMOD -- 10 hours of the 35 must be glaucoma T/F: As part of continuing education, the Board may require courses in child abuse and elder abuse detection for those OD's with likelihood of contact with abused/neglected children/adults. True Temporary practice refers to practice away from principal practice for not more than ___ days in a ___-day period or not more than ___ days in a calendar year 5 days in a 30-day period; 36 days T/F: Certificate of registration must be displayed/posted conspicuously in place of practice (with the exception of a temporary practice location). If more than one office, other evidence of registration must be posted in each office. True What 6 things are required on a patient receipt? Patient name, OD name, OD license number, place of practice, description of goods and services furnished, and amount charged No optometrist and no two or more optometrists jointly may have more than ___ offices. 11 T/F: An individual practice association (IPA) or participating in an IPA is considered an additional office. False; not considered additional office What is the penalty for violating branch office license laws? Violations may result in suspension of license. Define professional inefficiency Failure to use or lack of proficiency in using instruments for exam and failure to make careful record of findings. What are examples of unprofessional conduct? -- Violating any rules/regulations adopted by the Board -- Commission of fraud, misrepresentation, or any act involving dishonesty or corruption related to being an optometrist (i.e. insurance fraud, false advertising, unlawful use of license, altering license/permits) -- Any action of conduct that would warrant a denial of license -- Gross negligence and/or repeated negligent acts or omissions -- Incompetence -- Failure to maintain adequate/accurate records -- Excessive prescribing, treatment or use of procedures -- Furnishing, engaging in, aiding/abetting or being convicted of substance abuse, controlled substances, dangerous drugs, or alcoholic beverages to the extent of being injurious to self or others -- Conviction of a felony or offense related to being an optometrist including sexual crimes (i.e. sexual abuse or misconduct with patient) -- Failure to protect patient or follow infection control guidelines -- Failure to refer patient to appropriate physician if warranted Define gross negligence Extreme departure from ordinary standards of conduct Define incompetence Lack of knowledge or ability in discharging professional obligations Under what 2 crimes can your licensed be revoked and suspended? -- Engaging in an act of sexual abuse, misconduct, or relations with a patient -- Convicted of a crime requiring registration as sex offender What is the penalty for mis-using the title of "doctor" or "Dr." as a prefix without using "Optometrist", "Opt", or "O.D." as a suffix? Revocation and suspension of license T/F: You are permitted to use the title Optometric Physician in California. False; violation may result in revocation and suspension of license. T/F: You may advertise or hold self as a specialist in eye disease and treatment thereof. False; violation may result in revocation and suspension of license. T/F: It is unlawful to include advertisement of optometry practice in advertising for sale of OTC goggles, sunglasses, colored glasses or occupational eye protective devices. True T/F: It is unlawful to claim to have special knowledge of optometry, but you may claim to be residency trained in a particular subject. True T/F: It is permissible to advertise free eye exams contingent on buying eyeglasses as long as it is fully disclosed in the advertisement. True T/F: Opticians may advertise the availability of services by ODs or OMDs. False; it is unlawful What is the penalty for employing "cappers" or "steerers" to obtain business (that is individuals who "steer" patients into a practice)? Unprofessional conduct What is the penalty for altering or modifying medical records with fraudulent intent? Civil penalty of $500 Considered unprofessional conduct Statute of limitations: any accusation filed against a licensee shall be filed within ___ years after the Board discovers the act or omission or within ___ years after the act or omission occurs, whichever occurs first. 3 years; 7 years T/F: Statute of limitation does not apply to fraud or willful misrepresentation, or to unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts True When does an optometric license expire? License expires after 2 years, at midnight on the last day of the month of which it was issued. What does a "prescription" (for a drug) contain? An oral, written, or electronic transmission which contains: name of patient, name, quantity and directions for use of drug, date of issue; name, address, telephone, license and DEA number (if controlled substance), and signature of prescriber. T/F: Only a person who has a prescription by a physician, dentist, podiatrist, optometrist, and veterinarian may possess a controlled substance True T/F: A pharmacist registered as contact lens dispenser with the Medical Board/Board of Optometry may dispense replacement soft contact lenses which require no fitting or adjustment and are dispensed as packaged and sealed by the manufacturer. True T/F: The furnishing to patients of a limited quantity of samples by a prescriber is permitted with a reasonably small fee, up to the discretion of the prescriber. False; it is permitted at no charge. What is the penalty for making false or misleading statements which a reasonable person should know is untrue or misleading? Misdemeanor charge with imprisonment 6 months, fine $2500, or both. T/F: No trade, professional assoc., or state agency can restrict or prohibit advertising by any commercial or professional person, firm, partnership, or corporation that is not in violation of law. True T/F: The Board must be notified of intent to practice optometry; name of optometrist(s) and address(s) of practices prior to engaging in practice. True T/F: Approved extended clinical facilities (such as a mobile unit) do not have to be registered with the Board since it constitutes a part of opt. education program. False; they have to be registered T/F: All signs, cards, stationary or other advert, must clearly and permanently identify individual optometrist(s). True T/F: No statement in advertising can imply use of particular system or procedure that is superior or safer than taught at schools or by standards of care. True T/F: A fictitious name permit may be issued if not deceptive or misleading and contains the word "optometry" or "optometric". True In a change of ownership, the successor O.D. may use the name of predecessor for not more than ___ years. Acquisition of ownership includes permission to use name of predecessor and active patient records and files. 2 years What 3 things must each office have within their premises to promote proper hand hygiene? -- A hand-washing facility with hot and cold running water -- Liquid hand washing soap -- Sanitary towels or air blower for drying hands When hands are visibly soiled, wash hands with soap and water for a ____ second scrub and ____ second rinse, or use an antimicrobial hand wash. 20 second scrub; 10 second rinse If OD or staff has exudative lesion or weeping dermatitis of hand, what precautions must be taken? Stop direct patient care and handling of patient care equipment. If hands are not visibly soiled, what can you use to clean your hand? May use an alcohol-based hand rub If contact with spores, what must you use to clean hands? Hand wash with antimicrobial soap and water Gloves should be routinely used under what 5 circumstances? When in contact with blood, body fluids, mucous membranes, non-intact skin, and other potentially infectious materials or surfaces soiled with such fluids. What 5 precautions should be taken when handling sharp instruments? -- Proper handling and disposal procedures to prevent injuries -- Dispose in puncture proof containers -- Maintain a Sharps Injury Log -- Develop and abide by an Exposure Control Plan -- Adhere to all federal and state requirements for handling sharp instruments An applicant, who fails to pass either Section II of the NBEO or the California Law exam after ___ consecutive years, must retake Sections II and III of the NBEO and the California Law exam 5 years Any person who fails to pass the California Law exam may request a rescoring of the examination within ___ days. 75 days What are 4 exemptions to CE requirements? illness, incapacity, unavoidable circumstances; first license within previous 2 years T/F: Optometrists may be shareholders, officers, directors or professional employees of professional corporations with physicians and surgeons, podiatrists, psychologists, registered nurses, chiropractors, acupuncturists, and naturopathic doctors. True What is the penalty for failure to cooperate and participate in any Board investigation pending against the licensee; and failure to respond to Board request for information within 15 days or within time specified in request? Unprofessional conduct What 4 things must you report to the Board within 30 days? (1) An indictment or information charging a felony against the OD (2) Conviction of, any guilty verdict, pleas of guilt or no contest of any felony or misdemeanor against the OD (3) Any disciplinary action taken by another licensing entity or authority of this state, or any state or agency of federal government or military related to practice of optometry (4) Failure or refusal to comply with a court order issued to enforce a subpoena mandating release of records to the Board What grades are vision screenings required? Kindergarten, 2nd, 5th and 8th T/F: An optometrist may use voluntary vision testing of pupils on school premises for the generation of referrals or for financial benefit. False; cannot do this T/F: Each prescription for Schedule II and III drugs shall be on controlled substance prescription form. False; must be schedule II, III, IV and V drugs What must be included on oral or electronic controlled substance prescription forms? The Rx must be signed by prescriber in ink, and contain prescriber's address and telephone number, patient's name and address, number of refills if applicable. No person shall fill a prescription after ___ months of issue date. 6 months T/F: Any schedule III, IV, and V drug may be dispensed upon an oral or electronically transmitted Rx (also fax). True Any patient who can consent to medical treatment and any patient representative (e.g. parent) can inspect or obtain copies of patient records upon presenting a written request. Inspection may be permitted during business hours within ___ working days; copies need to be transmitted within ___ days. A reasonable fee may be charged for clerical and copy costs. 5, 15 T/F: A health care provider can withhold release of records or summaries because of unpaid bills for health services. False; cannot However, if practice policy for all patients, written prescription may be withheld if exam bill not paid. Any adult patient who inspects his/her records has a right to provide a written addendum, up to ___ words, per alleged incomplete/incorrect item in the record. Request to include addendum in patient record must be in writing. 250 words T/F: Addendum to patient record does not have to be included when record is disclosed to any third party. Provider is not liable for defamatory or otherwise unlawful language in addendum. False; addendum must be included A health care provider may provide a summary of the record in lieu of allowing access to the entire record, within ___ to ___ working days, from date of written request. A reasonable fee may be charged for actual time/cost in the preparation of the summary. 10 to 30 If a licensee ceases operation, patient records of adults must be kept a minimum of ___ years following discharge. 7 years If a licensee ceases operation, patient records for a minor (under age 18) must be kept for at least ___ years after reaching the age of 18, but not less than ___ years. 1 year; 7 years T/F: A health care provider shall not permit inspection or copies of alcohol, drug or communicable disease records. True T/F: Emancipated minors, or minors age 12 and over, who live and are financially independent of their parents may make their own decisions without parental consent. False; minors 15 and over T/F: For general medical care with no special circumstances, parental consent is required, and parents are responsible for costs. Doctor may inform parents of treatment without minor's consent. True T/F: During emergency care and parents are not available, no parental consent is required. Parents are still responsible for costs. Doctor may inform parents of treatment without minor's consent. True T/F: A provider is liable for performing a procedure on a minor if the provider reasonably believed that the procedure should be undertaken immediately and that there was insufficient time to obtain parental (informed) consent. The parent or guardian usually has a right to inspect the minor's records. False; provider is NOT liable T/F: Parents are not responsible for costs for emancipated minors, or a minor 15 years or older, living separate and apart from parents, and managing own financial affairs. True T/F: Doctor may inform parents of treatment without emancipated minor's consent. False; may not inform without patient's authorization Who can grant consent for a minor in California? -- Parents -- Legal guardians -- Qualified adult relative -- Court assigned guardians -- Parent with legal custody -- Foster parents (only for "ordinary" medical care) -- Step parents (if legally adopted or completed authorized affidavit) When can minors give consent? Minors who are married or divorced, on active duty with the U.S. Armed Forces, emancipated by a court order, or self-sufficient 15 years or older, living away from home, and managing his own finances T/F: In circumstances where a minor can consent to medical treatment, the healthcare provider can only share the minor's medical records, with the parents, with the signed consent of the minor. True T/F: A health care provider may limit parental access to a minor's record, if the provider feels it is detrimental to the provider's relationship with the minor. True Define child abuse and neglect Includes 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 Reports of child abuse and neglect should be made to who? Any police or sheriff's department, county probation department or county welfare department How soon are you required to report child abuse and neglect? Make initial report immediately or as soon as practically possible by telephone, followed by written report within 36 hours of initial report. No supervisor or administrator may impede reporting. T/F: Optometrists are mandated reporters of suspected child abuse or neglect. True What should you do if you suspect a patient's injury was the result of assaultive or abusive conduct (specifically domestic violence)? Contact a local enforcement agency by telephone and must send a California Emergency management Form 5-502 to a local law enforcement agency within 2 working days of discovering the injury What is the penalty for failing to report suspected child abuse or neglect? Misdemeanor charge with 6 months in jail and/or $1000 fine What is the penalty for failing to report a suspected patient's injury resulting from assault or abusive conduct? Misdemeanor charge with 6 months in jail and/or $1000 fine T/F: Optometrists are mandated reporters of suspected elder abuse. True T/F: Optometrists are mandated reporters of suspected domestic violence abuse. True What should you do if you suspect elder abuse? Must report by telephone or internet immediately, and by written report within 2 working days to a local adult protective services agency or local law enforcement agency Define elder abuse Physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult What is the penalty for failing to report suspected elder abuse? Misdemeanor charge with 6 months in jail and/or $1000 fine. If abuse results in death or great bodily injury, punishment is max 1 year in county jail, $5000 fine, or both. Effective 1/1/18, HMO Medi-Cal records are required to be retained for ___ years from date of service, date of audit, or last date of contract. 10 years Define what time business hours are under the Fairness to CL Consumers Act 2004 9am to 5pm, Mon through Fri, and Saturday if open, not including holidays What must be included in a contact lens prescription? Patient name; exam date; issue date; expiration date; name, address, telephone, and fax of prescriber; power, base curve, other parameters, material of CL; manufacturer, trade name or equivalent brand name if private label T/F: Whether or not requested, a CL RX must be released immediately upon completion of a CL fitting. True; there is no exception as to type of lens or complexity of fitting. T/F: If a prescriber does not respond within 8 business hours, the contact lens prescription is considered to be passively verified. True T/F: Prescriber cannot require patients to pay fee for exam, fitting and evaluation before releasing CL RX. False; can require only if prescriber requires immediate payment of fees from patients that do not need CL or other ophthalmic goods Patients may purchase CL from any third party. Prescriber is required to respond to seller's request within ___ business hours, otherwise seller can assume "passive verification" and fill RX. 8 hours T/F: An additional fee may be charged to release the patient's spectacle prescription immediately after eye examination is complete. False; cannot charge to release rx T/F: An additional fee may be charged for verifying ophthalmic goods dispensed by another. The fee is to be paid at time of verification True Under what conditions must you give a good faith estimate to the patient (effective 1/1/22)? -- Patient has no insurance -- Patient has insurance but is not using it, declines to use it, or cannot use it (therefore self-pay) T/F: Effective 1/1/22, the Good Faith Estimate requires you to provide an estimate of charges for all patients including those who have insurance and are using it for services and/or product. False; do not need to give estimate if have insurance AND using it A license cannot be denied solely on the basis of what 2 scenarios? -- Cannot be denied solely on the basis of felony conviction if applicant has certificate of rehabilitation personality or habits T/F: An RDO can employ an optometrist or physician and surgeon for the purpose of any examination or treatment of the eyes False; they may not T/F: An ophthalmologist can not be employed by an optometrist/optometric corporation. False; they can T/F: An optometrist can be employed by an ophthalmologist or health care service plan. True T/F: Under the Moscone - Knox Professional Corporation Act, optometrists can join a professional corporation with other health care providers including dentists. False; not dentists What are 4 things that ODs can be certified in (to increase their scope of practice)? TPA, irrigation & dilation, glaucoma, immunizations Define "ocular surface" Generally refers to tear layer, cornea, conjunctiva, and eyelids... but NOT lacrimal gland/drainage system, iris, and sclera T/F: "Physician and surgeon" includes doctors of osteopathy. True T/F: ODs who treat eye diseases are held to the same standard as OMDs & physician and surgeons. True T/F: An OD must consult and if necessary, refer when situation/condition is beyond OD scope of practice or level of competence and confidence. Consultations/referrals must be timely and well documented in patient's record. True T/F: Schedule III and IV drugs cannot be refilled. False; schedule II cannot be refilled T/F: Schedule II drugs can be refilled up to 5 times in 6 months. False; schedule III and IV can be refilled T/F: To prescribe Schedule II or III drugs, prescriber must register with PDMP/CURES. True Effective 1/1/18, HMO MediCal records are to be retained for ___ years from date of service, date of audit, or last date of contract. 10 years T/F: In order to perform CLIA-waved tests, the office/doctor must be designated a laboratory director. True T/F: In a tenant-landlord relationship, "Optical Department" or "Optometric Department" cannot be displayed on premises or ads. True; cannot link name of OD or practice with commercial concern. T/F: Optometrists can form corporations including LLCs. False; all shareholders are jointly/individually liable (which is not the case with LLC) T/F: Optometrist corporations must contain the name of present/prospective/former shareholders and be designated as Opt Corp, Prof Corp, PC, or Inc. True T/F: OD/RDO cannot waive liability/responsibility for accuracy of ophth/CL prescriptions even if goods/ services dispensed by another. True T/F: An optometrist can not employ other doctors besides ophthalmologists. True What are 3 requirements to be an independent contractor? -- Free from the control and direction of hiring entity -- Performs work outside the usual course of hiring entity's business -- Engages in independently established trade, occupation or business of same nature as that involved in the work performed T/F: Optometrists cannot prescribe/fit spectacle lenses & CL, including CL classified as drugs by FDA, and diagnostic and therapeutic CL incorporating medications. False; they can T/F: An optometrist does not need to notify the board of his/her temporary practice address(es) but is required to post a copy of their current license at the temporary location and issue a receipt with all their practice locations. False; not required to post license at temporary practice. Everything else is true.