California Law Exam Optometry 2020

Any person holding a license shall notify the issuing board of any changes in mailing address within ____ days after change - 30 days It is prohibited to dispense, prescribe of sell eyeglasses not made of shatter-resistant lenses or non-flammable frames to _______ - 1. one eyed person 2. law enforcement officer 3. fireman 4. person 18 years old *note: a practitioner, unless informed by person obtaining the eyeglasses or has personal knowledge of age or occupation, is not required to conduct an investigation of the person's occupation in determining if shatter-resistant lenses are necessary. Anti-kickback/fee splitting law - it's unlawful to offer/receive/accept any rebate/refund/commission/discount/compenstation for referring patients. *Public offense punishable by jail or fine. Federal stark law: it's unlawful to refer to a health care provider in which the practitioner or immediate family member has a financial interest ($5000 or 5% of the whole) with the person receiving the referral. What qualifies as an immediate family member? What are the exceptions to this law? - 1. parents 2. spouse 2. children 4. spouses of children (e.g. daughter in law) Permitted if financial interest is disclosed in writing at the time of referral/consultation request. Patient may be referred if there is no alternative provider within 25 miles or 40 minutes. *Can't refer to spouse or children but can refer to brother. If 25 miles/40 mins you can refer exception. True or False: Any price advertisement must be exact and clearly identify the price for each product or service. - True Cannot use words such as "as low as", "and up to", "Lowest prices" or statements/advertisments of bait, discount, premiums, or gifts. true/false: can use the term "lowest price" or "as low as" for ads - false What 10 items can be included in advertising? - 1. Name, address, office hours 2. Languages spoken 3. Certification or eligibility for certification by a board or organization recognized by SBO 4. Degrees received, names of schools, post grad training 5. Publications authored 6. Testing positions (current or former) 7. Affiliations with hospitals or clinics 8. Fees for services or products and methods of payment 9. Personal picture or picture of facilities/products 10. Description for products advertised True/False: an optometrist can lease a space from an optician or health plan - True True/False: an optometrist can be employed by an optician - false True/False: if an OD leases a space from an optician or health plan the lease cannot be less than one year and cannot be terminated for a reason that interferes with the practice of optometry - true True/False: if an OD leases a space from an optician or health plan the lease payments can be based on number of eye exams performed, prescriptions written, patient referrals, or the sale/promotion of products of an optician, optical company or health plan - false True/False: if an OD leases a space from an optician or health plan the optometrist has exclusive control of their schedule, how many patients they see and the time interval for appointments. - true True/False: if an OD leases a space from an optician or health plan the optometrist has exclusive control over the selection and supervision of optometric staff. - true True/False: if an OD leases a space from an optician or health plan the optometrist has exclusive control over the fees charged, examination procedures, and treatments provided. - true True/False: if an OD leases a space from an optician or health plan the optometrist is not free to contract with a health plan of their choice. - false True/False: if an OD leases a space from an optician or health plan the optometrist's records are the sole property of the optician/health plan - false sole property of the optometrist True/False: if an OD leases a space from an optician or health plan the optometrist's leased space is definite and distinct from the space occupied by others on the premises, must have a signed designating the leased space is occupied by an independent OD, and must be accessible to the OD after hours or in the case of an emergency. - true True/False: if an OD leases a space from an optician or health plan all signs and displays are separate and distinct from that of the other occupants and have the OD's name and the word "optometrist" prominently displayed. There can be no signs displayed on any part of the premises or in any advertising indicating that the optometrist is employed or controlled by the optician, health plan, or company. - true True/false: to encourage prompt payment of health or medical care claims, health care providers are 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. - true True/false: ODs are allowed to grant discounts for health/medical care provided to any patient that the provider reasonably believes is not eligible for or is not entitled to insurance reimbursement or coverage under the MediCal or health care service plan for the health/medical care provided. - true True/false: can do a discount if you encourage prompt payment such as if the patient pays cash now they can get a discount or if the patient is low income you can do a discount - true True/false: an OD does not have to disclose their name and license status on a name tag and communicate their name, license type, and academic degree in writing at the first visit if they have a prominently displayed license visible to the patient. - true What is an inactive license? How is it maintained? - license that is not suspended, revoked or restricted and used for purpose of maintaining licensure in a non-practicing status. Maintained: may be renewed by paying renewal fee and completing CE requirements. True/false: a state license is not required by an exclusive employee of either the federal government or tribal health program. - true The state board must be notified within _____ of a licensee's convicted crime - 48 hours true/false: any person unable to practice because of impairment due to mental or physical illness affecting competency, the licensing agency may order appropriate exams, revoke or suspend license, place on probation, or apply other restrictions. - true *reinstatement occurs when competent evidence of the absence or control of the condition is presented.