California Optometry Laws and Regulations Exam Questions With Detailed Answers
Violations involving fraudulent use of documents or records are considered a __________ and are punishable with a fine of $__________-___________ or imprisonment in a state prison, and other possible administrative action. - felony; 2000-6000
T/F. Practitioners may offer, deliver, receive or accept any rebate, refund, commission, preference, discount or other consideration of money or otherwise as compensation or inducement for referring pts. - False- it is unlawful
What is the punishment for violating anti-kickback and fee-splitting? - imprisonment in county jail, for not more than 1 year, or in state prison or by a fine up to $10,000 or both
What is the Federal-Stark Law against self-referrals? - It is unlawful to refer to a health care provider in which practitioner or immediate family members have a financial interest. Referral or consultation from an organization in which licensee has financial interest with is permitted if financial interest is disclosed in writing.
What constitutes "significant financial interest?" - $5,000 or 5% of the whole
T/F. It is unlawful to make false, fraudulent, misleading or deceptive statments or claims such as misrepresentation of fact, failure to disclose material facts, create false or unjustified expectations of favorable results, presenting fees w/o fully and specifically disclosing all variables, and making other representations or implications which cause an ordinary prudent person to misunderstand or be deceived. - true
T/F. Any price advertisement must be exact but can include words such as "as low as," "and up to," "lowest prices," or statements of discount, premiums, or gifts. - False- cannot include these words to be exact
What are some things that advertising may include? - Name, address, office hrs
Languages spoken
Certifications
Provisions of service under insurance/healthcare plan
Degrees received, names of schools
Publications authored by practitioner
Teaching positions- current and former
Affiliation w/ hospitals or clinics
Fees for services or products and method of pmt
Personal picture, pics of facility
Description of products advertised
Any other factual info
T/F. The board has the power to prevent truthful, non-deceptive or other forms of advertisement. - False
What is the punishment for advertisement violations? - suspension or revocation of license, also a misdemeanor and punishable by imprisonment in county jail not exceeding 6 mos, fine up to $2,500, or both
T/F. Optometrists may lease space from an optician or health plan and can be employed by them. - False- can lease from them but can't be employed by them
In a lease from an optician, the lease term cannot be less than ____ year(s) and cannot be terminated for a reason that interferes with the practice of optometry. - 1
T/F. Lease payments can be based on number of eye exams performed, prescriptions written, patient referrals, or the sale or promotion of products of an optician, optical company, or health plan. - False- CANNOT be
T/F. ODs have exclusive control over their schedule, how many pts they see, and the time interval for each pt. - TRUE :)
T/F. The OD has exclusive control over the selection and supervision of optometric staff. - TRUE :)
T/F. The OD has exclusive control over the fees charged, exam procedures, and treatments provided. - TRUE :)
T/F. The OD must contract with whatever health plans an optician would like to accept if they are under a lease. - False- the OD is free to contract w/ whichever health plans he/she wants
What are the 7 misdemeanors pertaining to the use of licenses? - 1. Displaying/possessing a cancelled, suspended, or fake/fraudulent license or any document simulating one
2. Lending license to another
3. Displaying license that wasn't issued to you
4. Failing to surrender license that has been cancelled/suspended/revoked
5. Knowingly permitting unlawful use of license
6. Reproducing linces
7. Buying or receiving forged/counterfeit license
It is a __________ for any person to engage in any conduct which subverts or attempts to subvert any licensing exam or administration of an exam. - misdemeanor
T/F. It is a felony when a person conspires 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. - False- it is a misdemeanor
Refusal to perform licensed activity is subject to __________ _______ if a licensed person refuses to provide services b/c of race, color, sex, religion, ancestry, disability, marital status or national origin. - disciplinary actions
What are the 4 grounds/acts that provide for denial of licenses? - 1. Convicted of crime related to qualifications, functions, or duties of profession
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