MS Optometry Jurisprudence flashcards

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

Mississippi Optometry Practice Act

The statute in Title 73, Chapter 39 of the Mississippi Code that defines optometry, establishes the Board of Optometry, and sets licensure and disciplinary authority.

Board rulemaking authority

The Board may adopt regulations implementing the Practice Act; valid rules have the force of law but cannot conflict with or exceed the statute.

Practice of optometry definition

Statutory term covering examination of the eyes, diagnosis and management of visual and ocular conditions, and provision of corrective lenses within licensed scope.

Sunset provision

A statutory mechanism under which the Board and Practice Act expire unless reauthorized by the legislature, forcing periodic review of the regulatory scheme.

Administrative Procedures Act

Mississippi statute governing agency rulemaking and contested-case hearings, including notice, evidence, and appeal procedures used in Board discipline.

Therapeutic pharmaceutical authority

The statutory and rule-based authorization allowing licensed optometrists to prescribe specified topical and oral medications for ocular conditions.

Enumerated drug formulary

A Board-established list of drugs optometrists may prescribe; prescribing an agent outside the list is a violation even if otherwise lawful.

DEA registration requirement

Separate federal registration needed to prescribe controlled substances, plus compliance with Mississippi Board of Pharmacy controlled-substance and PMP rules.

Duty to refer

The obligation to send a patient promptly to an appropriate physician or specialist when the condition exceeds the optometrist's scope or competence.

Co-management agreement

An arrangement dividing patient care between providers in which the optometrist documents responsibilities and retains accountability for the patient's overall care.

Prescription content requirements

A valid prescription must state prescriber name and license number, patient name, drug, strength, quantity, directions, and date of issue.

Licensure examination requirements

Applicants must graduate from an accredited optometry school, pass the NBEO examinations, and pass any jurisprudence examination the Board requires.

Renewal cycle and penalties

Licenses renew on the cycle set by Board rule; late renewal incurs a penalty fee and may require formal reinstatement if lapsed.

Continuing education requirement

A set number of Board-approved CE hours per renewal cycle, including any mandated jurisprudence or pharmacology hours specified by rule.

CE provider approval

Only courses from Board-approved providers earn credit; self-study and internet courses are capped at a percentage set by rule.

Inactive license status

A non-practicing status available on application; practicing while inactive constitutes unlicensed practice and a disciplinary violation.

Licensure by endorsement

A pathway allowing licensees from other jurisdictions to obtain a Mississippi license when they meet equivalent education, examination, and CE standards.

Grounds for discipline

Statutory bases for sanction including fraud in licensure, unprofessional conduct, gross negligence, incompetence, moral-turpitude convictions, and rule violations.

Range of Board sanctions

Available penalties include reprimand, probation, suspension, revocation, practice limitation, civil penalty, and mandated remedial education.

Due process in Board hearings

Requires notice of charges, an opportunity to present evidence and cross-examine, and a written decision subject to judicial review.

Impaired practitioner program

A diversion or monitoring program allowing licensees with substance use or mental health conditions to continue practice under supervision instead of revocation.

Mandatory reporting duty

Licensees and employers must report specified violations, convictions, or impairments to the Board within the timeframe established by rule.

Summary suspension

Emergency suspension of a license when continued practice poses immediate public danger, followed promptly by a post-suspension hearing.

Standard of care

The degree of care and skill a reasonably prudent optometrist would exercise in similar circumstances, established through expert testimony and clinical guidelines.

Record retention period

The minimum time patient records must be kept under Board rule, commonly seven years for adults and longer for minors.

Minimum record content

Records must include history, examination findings, diagnoses, treatment plan, prescriptions, referrals, informed consent, and patient communications, all dated and authenticated.

Informed consent elements

Disclosure of diagnosis, proposed treatment, material risks, alternatives including no treatment, and the patient's voluntary agreement, documented in the record.

Record alteration prohibition

Amendments must be dated and attributed; altering or obscuring an original entry constitutes falsification and a disciplinary ground.

Truthful advertising rule

Advertising must be accurate and not misleading; claims of superiority, guarantees of cure, and deceptive free-examination offers are prohibited.

Fee splitting prohibition

Paying or receiving compensation to a non-licensee for patient referrals is unlawful, including percentage-of-revenue arrangements with referral sources.

Fair market value exception

Payments for genuine services such as rent, equipment, or staff at fair market value are permitted when not tied to referrals.

HIPAA covered entity

A practice that transmits health information electronically for claims or transactions, triggering Privacy Rule, Security Rule, and breach notification duties.

Breach notification deadline

Affected individuals must be notified without unreasonable delay and no later than 60 days after discovery of a breach of unsecured health information.

Minimum necessary standard

The HIPAA principle limiting uses and disclosures of protected health information to the amount reasonably needed to accomplish the purpose.