NH Optometry Jurisprudence flashcards
NH Optometry Jurisprudence · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Practice Act Citation
- The New Hampshire optometry statute is RSA 327; board rules appear in N.H. Code Admin. R. Opt 100-500. The statute controls when a rule conflicts with it.
- Board Rulemaking Authority
- The Board of Registration in Optometry may adopt rules only under authority granted by RSA 327; rules must follow notice, hearing, and legislative review under RSA 541-A to take effect.
- Statute Versus Rule
- A statute enacted by the legislature prevails over a board rule. A rule that conflicts with RSA 327 is unenforceable to the extent of the conflict.
- License Display Requirement
- The licensee must display the license or board certificate at the practice location and report a change of practice address to the board within the period set by rule.
- Delegation to Assistants
- Unlicensed assistants may perform only tasks the board defines as not requiring optometric judgment; the supervising optometrist remains responsible for the delegated act and its outcome.
- Misleading Advertising Prohibited
- Advertising may not be false, deceptive, or misleading. Price advertising is allowed, but claims of professional superiority or guarantees of results are prohibited.
- Record Retention and Release
- Records must be kept for the period set by board rule and released to the patient or authorized representative. A copy of the ophthalmic prescription is provided on request.
- Unlicensed Practice Violation
- Practicing without a license and aiding unlicensed practice are separate violations. An optometrist who lets an unlicensed person perform licensed acts is subject to discipline regardless of harm.
- Initial Licensure Requirements
- Applicants must graduate from an accredited optometry school, pass the national board examinations accepted by the board, and pass any state jurisprudence examination the board requires.
- Biennial Renewal Cycle
- Licenses renew on a biennial cycle. The board sets the expiration date and renewal fee, and late renewal may require a penalty in addition to the renewal fee.
- Continuing Education Requirement
- CE is required each renewal cycle. The board sets total hours and subcategory minimums, which may include pharmacology and ethics or jurisprudence hours.
- Approved CE Providers
- CE credit counts only from providers or courses the board recognizes. A course from an unapproved sponsor does not satisfy the requirement even if the subject is clinical.
- CE Documentation and Audit
- The licensee must retain completion certificates for the period the board specifies and produce them on audit. Failure to document claimed CE is treated as failure to meet the requirement.
- Lapsed License Reinstatement
- Within the grace period, reinstatement requires fees and proof of CE. After the grace period, the board may require reexamination or additional education before reinstating.
- Name and Address Changes
- A licensee must notify the board of a name or address change within the period set by rule. Failure is curable but supports discipline if repeated or concealed.
- CE Carry-Over Limits
- Hours earned in one cycle may not be carried into the next unless a board rule expressly allows it. Duplicate credit for the same course is not permitted.
- Optometric Scope of Practice
- An optometrist may examine, diagnose, and treat conditions of the eye and visual system within the statutory list, including refractive error, binocular disorders, and authorized ocular disease.
- Therapeutic Formulary Limits
- Pharmaceutical authority covers topical and oral agents listed in statute or rule. Schedule II drugs and injectables are outside scope unless expressly authorized by law.
- Prescription Content Requirements
- A prescription must follow an examination supporting the diagnosis and state the drug, strength, quantity, directions, and refill limits for a legitimate diagnostic or therapeutic purpose.
- Eyewear Prescription Release
- The spectacle or contact lens prescription must be released on completion of the examination. The patient may fill it anywhere, and release may not be conditioned on buying eyewear.
- Contact Lens Prescription Rules
- Contact lens prescriptions must include the parameters the contact lens statute requires and remain valid for the statutory period. The prescriber must answer a seller's verification request within the statutory time.
- Surgical Scope Prohibition
- An optometrist may not perform surgery with a scalpel, laser, or other invasive modality, and may not treat conditions reserved by statute to medicine or ophthalmology.
- Referral Beyond Scope
- A condition needing imaging, laboratory testing, or consultation beyond optometric scope must be referred to an appropriate physician, and the referral must be documented in the patient record.
- Standing Order Validity
- Standing orders and treatment protocols must match the statutory formulary. A drug not on the formulary cannot be prescribed by protocol, standing order, or delegation.
- Grounds for Discipline
- Grounds include unprofessional conduct, gross negligence, incompetence, fraud in obtaining a license, practicing while impaired, and violating the practice act or board rules.
- Range of Board Sanctions
- Sanctions range from reprimand and probation to suspension, revocation, and civil penalties. The board may also require remedial education, supervision, or a practice monitor.
- Adverse Action Reporting
- A licensee must report to the board, within the period set by rule, any adverse action by another licensing authority and any malpractice payment reportable under state law.
- Recordkeeping and Confidentiality
- Failure to maintain adequate records, breach of patient confidentiality, and patient abandonment are independent grounds for discipline, judged against the standard of care and board rules.
- Disciplinary Hearing Process
- Board discipline follows the state Administrative Procedure Act: notice of charges, opportunity for hearing, findings of fact, and a written decision subject to judicial review.
- Summary Suspension Standard
- The board may summarily suspend practice on finding an immediate danger to public health. The licensee is entitled to a prompt post-suspension hearing on the suspension.
- Foreign Discipline Reciprocity
- Discipline imposed in another jurisdiction is a basis for New Hampshire discipline. The board may act on the foreign record without relitigating the underlying facts.
- Subpoena and Cooperation Duty
- The board may subpoena records and compel testimony in an investigation. Failure to cooperate with a lawful board inquiry is itself a disciplinary violation.