CO Optometry Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Colorado practice act citation

Optometry in Colorado is governed by C.R.S. Title 12, Article 275, with Board rules at 3 CCR 712-1, administered by the State Board of Optometry under DORA.

Board of Optometry authority

The Board licenses, renews, investigates complaints, and imposes discipline including reprimand, probation, suspension, revocation, and fines on Colorado optometrists.

License renewal requirement

Colorado optometry licenses renew annually; renewal requires continuing education attestation and disclosure of disciplinary actions, revocations, or criminal convictions since the prior renewal.

Unlicensed practice

Practicing on a lapsed, inactive, or suspended license is unlicensed practice; the practitioner must verify active status before providing patient care.

Title protection

Use of the title optometrist, O.D., or any abbreviation implying licensure requires an active Colorado license; unlicensed use and aiding unlicensed practice are violations.

Therapeutic pharmaceutical scope

Colorado optometrists may use diagnostic and therapeutic pharmaceutical agents, including topical and oral medications, within statutory scope while holding an active license.

Scope exclusion

Optometric scope includes refraction, contact lenses, and ocular disease management but excludes intraocular surgery and laser procedures unless separately authorized by statute.

Duty to cooperate

Licensees must respond to Board inquiries within the specified time; failure to cooperate with an investigation is independently sanctionable conduct.

Standard of care definition

The degree of skill and care ordinarily possessed and exercised by reasonably careful optometrists under similar circumstances in the same or similar community.

Contemporaneous documentation

Records must be legible, dated, authenticated, and completed at the time of service so another practitioner can understand findings, diagnosis, and plan.

Record ownership and access

The practice owns the physical record, but patients have a right of access; release to third parties requires authorization except where law requires disclosure.

Adult record retention

Adult optometric records are generally retained at least seven years after the last service, consistent with Colorado and payer requirements.

Minor record retention

Records for minor patients are kept until the patient reaches the age of majority plus the applicable retention period.

Informed consent elements

Consent requires disclosure of diagnosis, nature and purpose of treatment, material risks and benefits, and reasonable alternatives, including the option of no treatment.

Consent documentation

Informed consent must be documented in the record; a signed form alone does not satisfy the duty if the discussion did not occur or was inadequate.

Delegation rule

Tasks may be delegated only to properly trained personnel under required supervision; the optometrist remains responsible for the delegated task and its outcome.

Patient abandonment

Terminating care without reasonable notice, records, or referral while the patient still needs services constitutes abandonment and exposes the practitioner to discipline.

Fee splitting prohibition

Paying or receiving payment for patient referrals rather than for actual services is prohibited and may constitute unprofessional conduct or unlawful remuneration.

Advertising standard

Advertising must not be false, deceptive, or misleading; superiority claims, cure guarantees, and unverifiable comparative statements are prohibited.

Testimonial use

Patient testimonials may be used only if not misleading and if confidentiality is preserved through de-identification or valid written authorization.

Confidentiality exceptions

Patient information may be disclosed only with authorization or as required by law, including mandated reporting, court order, and public health reporting.

Boundary violations

Sexual contact with a current patient is unprofessional conduct regardless of consent and is grounds for discipline, including license revocation.

Impaired practice

Practicing while impaired by alcohol, drugs, or illness is unprofessional conduct; licensees have a duty to seek treatment and may face monitoring agreements.

Dual relationship duty

Relationships that impair professional judgment must be avoided or disclosed; financial interests in referrals or products must be disclosed to patients.

Credential misrepresentation

Practitioners must not misrepresent credentials, board certification, or specialty status; only recognized certifying bodies may be cited in advertising and communication.

HIPAA applicability

Optometric practices that transmit health information electronically for covered transactions are covered entities subject to the HIPAA Privacy and Security Rules.

Security Rule safeguards

The HIPAA Security Rule requires administrative, physical, and technical safeguards for electronic PHI, including access controls, audit logs, and reasonable encryption.

Breach notification timeline

Affected individuals must be notified without unreasonable delay and no later than 60 days after discovery; HHS is notified, with media notice for large breaches.

Business associate agreement

A written BAA is required before sharing PHI with vendors such as billing services, EHR vendors, and answering services that handle protected information.

PDMP check duty

When prescribing controlled substances, practitioners must check the prescription drug monitoring program as required and document the clinical rationale.

Infection control records

Practices must follow standard precautions and current CDC guidance; sterilization logs and equipment maintenance records are part of required documentation.

Mandatory reporting duty

Suspected child abuse or neglect and abuse of at-risk adults must be reported; the reporting duty overrides ordinary patient confidentiality.