, Question 1
Under the Texas Optometry Act, which circumstance BEST permits a licensed
therapeutic optometrist to prescribe a Schedule III oral medication without
violating Board rules?
A. When the medication is expressly listed in the Board's formulary and
the optometrist holds a current therapeutic license with an active DEA
registration.
B. When a supervising physician has pre-authorized a standing order for
the medication.
C. When the optometrist documents the prescription in the patient record
within 72 hours.
D. When the medication is dispensed directly to the patient in the
optometrist's office.
Correct Answer: A - When the medication is expressly listed in
the Board's formulary and the optometrist holds a current
therapeutic license with an active DEA registration.
RATIONALE
Therapeutic optometrists may prescribe only agents within the Board's
authorized formulary and must maintain DEA registration for
controlled substances; standing orders, delayed documentation, or
in-office dispensing do not independently authorize Schedule III
prescribing.
Question 2
A Texas optometrist advertises a 'free comprehensive eye exam' but requires
purchase of eyewear to receive it. Which regulatory principle is violated?
A. The prohibition on fee-splitting with optical dispensaries.
B. The rule against misleading or deceptive advertising that conditions a
free service on a purchase.
C. The requirement that all advertising be pre-approved by the Board.
Page 2
, D. The ban on advertising any discounted professional service.
Correct Answer: B - The rule against misleading or deceptive
advertising that conditions a free service on a purchase.
RATIONALE
Board rules prohibit advertising that is false, misleading, or deceptive,
including conditioning a 'free' service on a purchase; pre-approval is
not required, and discounts are permitted if truthful.
Question 3
Which statement correctly distinguishes the Texas Optometry Board's
rulemaking authority from the Texas Optometry Act's statutory requirements?
A. The Act creates the Board and grants authority; Board rules must be
consistent with the Act and are subject to administrative review.
B. Board rules supersede the Act when adopted after the Act's passage.
C. The Act is advisory, while Board rules have the force of law.
D. Board rules may expand scope of practice beyond the Act without
legislative action.
Correct Answer: A - The Act creates the Board and grants
authority; Board rules must be consistent with the Act and are
subject to administrative review.
RATIONALE
The Act establishes the Board and its authority; rules must align with
the statute and are subject to administrative procedures and review,
not supersede the Act or expand scope unilaterally.
Question 4
During a Board investigation, an optometrist refuses to produce patient
records, citing HIPAA. What is the correct legal outcome?
A. HIPAA absolutely bars disclosure, so the Board must obtain a court
Page 3
, order.
B. The Board may access records under its statutory investigative
authority; HIPAA permits disclosures to health oversight agencies.
C. The optometrist may refuse until the patient consents in writing.
D. The Board may only review records with the patient's attorney present.
Correct Answer: B - The Board may access records under its
statutory investigative authority; HIPAA permits disclosures to
health oversight agencies.
RATIONALE
HIPAA expressly permits disclosures to health oversight agencies for
investigations; state boards have statutory authority to access records,
and refusal may constitute a violation.
Question 5
Which action by a Texas optometrist constitutes unprofessional conduct under
Board rules?
A. Delegating a visual field test to a trained technician under direct
supervision.
B. Failing to maintain adequate patient records for a period specified by
Board rules.
C. Referring a patient to an ophthalmologist for a suspected retinal
detachment.
D. Using a telemedicine platform for a follow-up contact lens evaluation.
Correct Answer: B - Failing to maintain adequate patient records
for a period specified by Board rules.
RATIONALE
Board rules define failure to maintain required records as
unprofessional conduct; appropriate delegation, referral, and
compliant telemedicine are permissible.
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Under the Texas Optometry Act, which circumstance BEST permits a licensed
therapeutic optometrist to prescribe a Schedule III oral medication without
violating Board rules?
A. When the medication is expressly listed in the Board's formulary and
the optometrist holds a current therapeutic license with an active DEA
registration.
B. When a supervising physician has pre-authorized a standing order for
the medication.
C. When the optometrist documents the prescription in the patient record
within 72 hours.
D. When the medication is dispensed directly to the patient in the
optometrist's office.
Correct Answer: A - When the medication is expressly listed in
the Board's formulary and the optometrist holds a current
therapeutic license with an active DEA registration.
RATIONALE
Therapeutic optometrists may prescribe only agents within the Board's
authorized formulary and must maintain DEA registration for
controlled substances; standing orders, delayed documentation, or
in-office dispensing do not independently authorize Schedule III
prescribing.
Question 2
A Texas optometrist advertises a 'free comprehensive eye exam' but requires
purchase of eyewear to receive it. Which regulatory principle is violated?
A. The prohibition on fee-splitting with optical dispensaries.
B. The rule against misleading or deceptive advertising that conditions a
free service on a purchase.
C. The requirement that all advertising be pre-approved by the Board.
Page 2
, D. The ban on advertising any discounted professional service.
Correct Answer: B - The rule against misleading or deceptive
advertising that conditions a free service on a purchase.
RATIONALE
Board rules prohibit advertising that is false, misleading, or deceptive,
including conditioning a 'free' service on a purchase; pre-approval is
not required, and discounts are permitted if truthful.
Question 3
Which statement correctly distinguishes the Texas Optometry Board's
rulemaking authority from the Texas Optometry Act's statutory requirements?
A. The Act creates the Board and grants authority; Board rules must be
consistent with the Act and are subject to administrative review.
B. Board rules supersede the Act when adopted after the Act's passage.
C. The Act is advisory, while Board rules have the force of law.
D. Board rules may expand scope of practice beyond the Act without
legislative action.
Correct Answer: A - The Act creates the Board and grants
authority; Board rules must be consistent with the Act and are
subject to administrative review.
RATIONALE
The Act establishes the Board and its authority; rules must align with
the statute and are subject to administrative procedures and review,
not supersede the Act or expand scope unilaterally.
Question 4
During a Board investigation, an optometrist refuses to produce patient
records, citing HIPAA. What is the correct legal outcome?
A. HIPAA absolutely bars disclosure, so the Board must obtain a court
Page 3
, order.
B. The Board may access records under its statutory investigative
authority; HIPAA permits disclosures to health oversight agencies.
C. The optometrist may refuse until the patient consents in writing.
D. The Board may only review records with the patient's attorney present.
Correct Answer: B - The Board may access records under its
statutory investigative authority; HIPAA permits disclosures to
health oversight agencies.
RATIONALE
HIPAA expressly permits disclosures to health oversight agencies for
investigations; state boards have statutory authority to access records,
and refusal may constitute a violation.
Question 5
Which action by a Texas optometrist constitutes unprofessional conduct under
Board rules?
A. Delegating a visual field test to a trained technician under direct
supervision.
B. Failing to maintain adequate patient records for a period specified by
Board rules.
C. Referring a patient to an ophthalmologist for a suspected retinal
detachment.
D. Using a telemedicine platform for a follow-up contact lens evaluation.
Correct Answer: B - Failing to maintain adequate patient records
for a period specified by Board rules.
RATIONALE
Board rules define failure to maintain required records as
unprofessional conduct; appropriate delegation, referral, and
compliant telemedicine are permissible.
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