IN Opto Juris flashcards

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

Police power and licensure

States regulate optometry under the police power to protect public health. A license is a conditional privilege; the board may suspend or revoke it under statutory grounds and due process.

Substantial evidence review

Courts generally uphold board findings if supported by substantial evidence in the record. The reviewing court does not reweigh clinical facts or substitute its judgment for the board's expertise.

Delegated legislative authority

A board may adopt rules only within the authority granted by its enabling statute. A rule that expands scope of practice beyond the statute is invalid even if formally adopted.

NBEO examinations

The National Board of Examiners in Optometry administers Part I (basic science), Part II (clinical science), and Part III (clinical skills). Most states require passage plus a jurisprudence exam.

Licensure by credentials

An endorsement route allowing an already licensed optometrist to obtain a new state license based on documented practice experience and clean disciplinary history, without retaking the full examination.

Continuing education requirement

A set number of credit hours per renewal cycle, often including mandated topics such as pharmacology, ethics, or recordkeeping. Noncompliance can block renewal and constitute unprofessional conduct.

Practicing on lapsed license

Providing optometric services after a license expires is unlicensed practice, even if renewal is completed later. Each patient encounter during the lapse may be a separate violation.

Mandatory impairment reporting

Many states require licensees to report a colleague reasonably believed to be practicing while impaired. Failure to report is itself a disciplinary ground in those jurisdictions.

Unlicensed assistant tasks

Non-interpretive functions such as history intake, visual acuity, and automated testing may be delegated under the supervision level the rule specifies. Diagnosis and interpretation may not.

Supervision levels defined

Direct means the supervisor is on premises; indirect means immediately available; general means reachable by phone. The practice act assigns a level to each delegated activity.

Co-management agreement

A written arrangement between optometrist and surgeon allocating preoperative, surgical, and postoperative responsibilities, fees, and communication. It clarifies liability and continuity of care.

Therapeutic privilege tiers

Some states require additional certification or pharmacology hours before prescribing oral or topical drugs. Practicing beyond the granted tier is a scope violation regardless of competence.

Telehealth standard of care

Telehealth encounters must meet the same clinical standard as in-person care. Many states require an established relationship or an in-person examination within a defined window.

Material risk disclosure

A risk is material when a reasonable patient would consider it significant in deciding whether to proceed. Material risks and reasonable alternatives must be disclosed.

Consent for minors

Treatment of a minor generally requires parent or guardian consent. Statutory exceptions include emancipated minors and certain confidential public-health services defined by state law.

Consent withdrawal

A patient may withdraw consent at any time, including mid-procedure. Continuing after refusal can constitute battery, a distinct tort from negligence.

Contact lens informed consent

Fitting consent should cover hygiene, overwear risk, microbial keratitis warning signs, replacement schedule, and the necessity of follow-up. Document the discussion and patient questions.

HIPAA covered entity

A practice is generally a covered entity if it transmits health information electronically in connection with a HIPAA standard transaction, such as electronic insurance claims.

Treatment, payment, operations

These three purposes permit use and disclosure of protected health information without patient authorization. Other uses generally require a valid, specific authorization.

Minimum necessary standard

Uses and disclosures not tied to treatment must be limited to the least information needed for the purpose. Treatment disclosures are exempt from this limitation.

Record retention period

State law and payer contracts set retention periods, commonly five to ten years. Records for minors are often kept until majority plus an additional defined period.

Late entry documentation

An addition made after the fact must be dated when written and labeled as a late entry. Backdating to appear contemporaneous undermines credibility and may be treated as falsification.

Breach notification deadline

Affected individuals must be notified without unreasonable delay and no later than sixty days after discovery. HHS notification depends on the number of individuals affected.

Standard of care definition

The care and skill an ordinarily prudent optometrist in the same or similar community would exercise under like circumstances. It is established by expert testimony.

Negligence elements

Duty, breach, actual and proximate causation, and damages. All four must be proven; failure of any single element defeats the malpractice claim.

Res ipsa loquitur

An inference of negligence permitted when the injury would not ordinarily occur without negligence and the instrumentality was under the defendant's exclusive control.

Statute of repose

An outer time limit barring claims regardless of when injury is discovered. It differs from a statute of limitations, which may be tolled by the discovery rule.

Prescription elements

Patient name, date, drug, strength, dosage form, quantity, directions, refills, and prescriber identifiers including license and DEA numbers where applicable.

DEA registration duties

Prescribing controlled substances requires a valid DEA registration and compliance with state prescription drug monitoring program query and reporting mandates.

Contact lens as device

Contact lenses are regulated medical devices requiring a valid prescription. Sellers must verify prescription parameters with the prescriber before dispensing.

Off-label prescribing

Use of an approved drug for an unapproved indication is permissible when supported by evidence and consistent with the standard of care. Document the rationale.

Corporate practice doctrine

Many states restrict non-licensee ownership of optometric practices. Permitted structures range from professional corporations to management services arrangements depending on state law.

Fee splitting prohibition

Paying a non-licensee a share of fees for patient referrals is generally prohibited. Bonuses tied to services the licensee personally provides are usually distinguishable.

Restrictive covenant review

Enforceability turns on reasonableness of duration, geographic scope, and activity restricted, plus legitimate protectable interests. Some states bar non-competes for health professionals.

Truthful advertising rule

Advertising must be truthful, not misleading, and substantiated. Discount and testimonial claims require disclosure of material conditions such as expiration and eligibility limits.

Ethical principles

Beneficence, nonmaleficence, respect for autonomy, justice, and veracity. These frame clinical decisions when duties conflict, such as autonomy versus protective intervention.

Dual relationship conflict

Treating a family member, employee, or business associate can impair objectivity. Disclose the conflict and refer when judgment may be compromised.

Disciplinary process stages

Complaint intake, investigation, notice of charges, administrative hearing, findings, and sanction. Due process requires notice and an opportunity to respond.

NPDB reporting

Boards report adverse licensure actions and malpractice payments to the National Practitioner Data Bank. Reports follow the licensee and affect credentialing and payer participation.