ND Optometry Jurisprudence flashcards

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

Practice of Optometry

The statutory definition of activities constituting optometry, typically including examination, diagnosis, and treatment of the visual system, and determining who may lawfully perform them.

Therapeutic Privilege

A separate credential authorizing an optometrist to prescribe and administer specified medications; without it, prescribing is outside lawful scope regardless of clinical training.

Formulary

The board-maintained list of drugs an optometrist may prescribe; drugs outside the list require additional certification, board approval, or are prohibited entirely.

Referral Obligation

The duty to direct a patient to an appropriate physician or specialist when a condition exceeds the optometrist's lawful scope or personal competence, documented in the record.

Corporate Practice Doctrine

A legal principle restricting practice ownership or employment to licensed professionals, limiting lay control over clinical decisions and fees in many states.

Sunset Review

A periodic legislative process that reauthorizes or abolishes the licensing board and its enabling statute, forcing review of the board's necessity and performance.

Rulemaking

The administrative process by which a board adopts regulations under its statute, typically requiring public notice, comment, and publication before the rule takes effect.

NBEO Examinations

The national board examinations (Parts I, II, III, and TMOD) that most states require for licensure, in addition to graduation from an accredited optometry program.

Jurisprudence Examination

A state-specific examination on the practice act and board rules that applicants must pass, and which some states also require at renewal.

Continuing Education Requirement

The board-mandated hours of approved coursework per renewal cycle, including mandatory topic hours, with certificates retained as proof of compliance.

Licensure by Endorsement

A pathway allowing an optometrist licensed in another state to obtain a license based on credentials and experience, subject to board discretion or compact rules.

Inactive License Status

A non-practicing status that preserves the license record but prohibits patient care; practicing while inactive constitutes unlicensed practice.

Public Board Member

A lay appointee who serves on the licensing board to represent consumer interests and who typically holds no professional license in the regulated field.

Consent Agreement

A negotiated resolution of a disciplinary matter in which the licensee accepts specified findings and penalties without a contested hearing; it is binding and usually public.

Summary Suspension

An immediate suspension imposed when continued practice poses an imminent risk to the public, followed promptly by a hearing to confirm or dissolve it.

Standard of Care

The degree of care and skill a reasonably prudent optometrist with similar training would exercise under similar circumstances, established by guidelines and expert testimony.

Patient Abandonment

Termination of the professional relationship without reasonable notice, an opportunity to obtain replacement care, or provision of records and referrals.

Boundary Violation

Exploitation of the professional relationship for personal, sexual, or financial gain, which is disciplinable regardless of the clinical quality of care provided.

Impairment

A physical, mental, or substance-related condition that compromises the ability to practice safely; it is reportable and may result in monitoring or restriction.

Contemporaneous Documentation

Recording examination findings and clinical decisions at the time of service, dated and authenticated, so another practitioner could continue care from the record.

Record Retention Period

The minimum time patient records must be kept under state law or board rule, commonly five to ten years and longer for minors.

Patient Right of Access

The patient's legal entitlement to obtain copies of their records, with copying fees limited by statute or board rule and timely response required.

Permitted Disclosure

A release of protected health information allowed without authorization, such as treatment coordination, required public health reporting, or a court order.

Addendum to Record

A later correction or clarification appended to a record that preserves the original entry and identifies the author, date, and reason for the change.

Material Risk

A risk significant enough that a reasonable patient would consider it important in deciding whether to accept treatment, and which must therefore be disclosed.

Emergency Exception

Authority to treat without consent when the patient cannot consent and delay would risk serious harm, with the rationale documented afterward.

Informed Consent Elements

Disclosure of diagnosis, proposed treatment, material risks and benefits, alternatives including no treatment, and the opportunity to ask questions before proceeding.

Minor Consent Rules

State statutes governing who may consent for a minor patient, generally a parent or guardian, with limited exceptions for emancipated or mature minors.

Fee Splitting

Division of professional fees with a non-licensee in exchange for patient referrals, which is generally prohibited and distinct from payment for bona fide services.

Truthful Advertising Rule

Board requirement that advertising be accurate, verifiable, and not misleading, prohibiting guarantees of results or unsubstantiated claims of superiority.

Mandatory Abuse Reporting

The legal duty to report suspected child or elder abuse to designated authorities, which overrides confidentiality and applies even without patient authorization.

Self-Reporting Duty

The obligation to notify the board within a specified period of arrests, convictions, or license actions taken in another jurisdiction.

Due Process in Discipline

The constitutional and statutory right to notice of charges, a fair hearing, presentation of evidence, cross-examination, and judicial review of the final order.