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NH Optometry Jurisprudence study materials
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NH Optometry Jurisprudence practice questions

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Question 1Optometry statutes and administrative rules

Under New Hampshire optometry law, which body has statutory authority to adopt rules governing the practice of optometry and to discipline licensees?

  1. The New Hampshire Department of Insurance
  2. The New Hampshire Hospital Association
  3. The New Hampshire Board of Optometry Correct answer.
  4. The New Hampshire Optometric Association

Explanation

The Board of Optometry is the administrative agency created by statute; it adopts rules and holds disciplinary authority over licensees. A professional association is a private membership organization and cannot discipline licensees.

Question 2Optometry statutes and administrative rules

A person practicing optometry in New Hampshire without a valid license commits which type of violation?

  1. A criminal offense subject to statutory penalties Correct answer.
  2. A civil contract breach only
  3. An ethical lapse with no legal consequence
  4. A minor traffic-level infraction

Explanation

Unlicensed practice is prohibited by statute and carries criminal and administrative consequences. The Board may also seek injunctive relief to stop unlicensed activity.

Question 3Optometry statutes and administrative rules

Which document defines the scope of optometric practice and the grounds for license discipline in New Hampshire?

  1. The American Optometric Association's clinical guidelines
  2. The federal Medicare claims manual
  3. The optometry practice act and the Board's administrative rules Correct answer.
  4. The state building code

Explanation

The practice act is the statute enacted by the legislature, and the Board's administrative rules implement it. Together they define scope of practice and disciplinary grounds.

Question 4Optometry statutes and administrative rules

An optometrist moving from another state wishes to practice in New Hampshire. What is generally required before providing patient care?

  1. A separate federal optometry certificate
  2. Only a business license from the city
  3. Membership in the state optometric association
  4. A New Hampshire license issued by the Board Correct answer.

Explanation

Practicing optometry requires a license issued by the New Hampshire Board of Optometry. Out-of-state licensure alone does not authorize practice in New Hampshire.

Question 5Optometry statutes and administrative rules

Which of the following is a recognized ground for disciplinary action against a New Hampshire optometrist?

  1. Practicing while impaired by alcohol or drugs Correct answer.
  2. Declining to join a professional association
  3. Refusing to advertise services
  4. Charging fees that are higher than a colleague's

Explanation

Impairment while practicing is a classic statutory ground for discipline because it endangers patients. The Board may suspend, restrict, or revoke a license in such cases.

Question 6Optometry statutes and administrative rules

The New Hampshire Board of Optometry's administrative rules are formally adopted under which process?

  1. By a vote of the association's membership
  2. By direct order of the governor without publication
  3. Through the state administrative rulemaking process, including public notice and comment Correct answer.
  4. By the state optometry school's faculty

Explanation

Agency rules must be adopted through the state's administrative procedures act, which requires notice, public comment, and filing. This gives the rules the force of law.

Question 7Optometry statutes and administrative rules

What is the primary purpose of continuing education requirements for New Hampshire optometrists?

  1. To maintain and update professional competence for license renewal Correct answer.
  2. To restrict the number of new licensees
  3. To satisfy insurance company preferences
  4. To increase association revenue

Explanation

Continuing education exists to keep practitioners current so that patients receive competent care. Credits are typically verified at renewal.

Question 8Optometry statutes and administrative rules

Which of the following best describes the legal status of a license to practice optometry in New Hampshire?

  1. A privilege granted by the state and subject to regulation Correct answer.
  2. A federal entitlement
  3. A property right that cannot be revoked
  4. A lifetime guarantee once issued

Explanation

Licensure is a privilege conditioned on compliance with state law and rules. The Board may suspend or revoke it after proper proceedings.

Question 9Optometry statutes and administrative rules

A patient asks a New Hampshire optometrist to release their records to a new provider. Under the practice act and Board rules, how should the optometrist respond?

  1. Destroy the records to protect privacy
  2. Refuse because records belong solely to the optometrist
  3. Release the records as authorized by the patient, following record-transfer rules Correct answer.
  4. Release only if the new provider pays a referral fee

Explanation

Patients have a right of access to their records, and the optometrist must transfer them when the patient authorizes release. The Board's rules govern timing and permissible charges.

Question 10Optometry statutes and administrative rules

An optometrist discovers that a colleague is practicing while visibly impaired. What is the most appropriate action under New Hampshire law and Board rules?

  1. Post about it on social media
  2. Confront the colleague publicly in the waiting room
  3. Report the impairment to the Board Correct answer.
  4. Ignore it to avoid conflict

Explanation

Impairment is a reportable concern because it threatens patient safety, and the Board is the agency that can investigate and act. Confidential reporting channels exist for this purpose.

Question 11Optometry statutes and administrative rules

A New Hampshire optometrist is offered a payment from an optical laboratory in exchange for referring patients. How does the law treat this arrangement?

  1. It is prohibited as an illegal fee-splitting or kickback arrangement Correct answer.
  2. It is permitted if disclosed to patients
  3. It is allowed for small amounts only
  4. It is permitted if the lab is in another state

Explanation

Fee-splitting and kickbacks for referrals are prohibited because they compromise clinical judgment and inflate costs. Disclosure does not cure the prohibition.

Question 12Optometry statutes and administrative rules

An optometrist's license lapsed because the renewal fee was not paid. The optometrist continues to see patients. What is the legal position?

  1. Practice is unlawful because the license is not active Correct answer.
  2. Practice is lawful if patients are told
  3. Practice is lawful because the license was never revoked
  4. Practice is lawful for established patients only

Explanation

Authority to practice depends on holding an active, current license. A lapsed license means the practitioner is unlicensed and subject to penalties for unlicensed practice.

Question 13Optometry statutes and administrative rules

Under New Hampshire law, an optometrist may prescribe and administer topical pharmaceutical agents:

  1. Never, because optometrists cannot use drugs
  2. As authorized by the practice act and Board rules, within the optometric scope Correct answer.
  3. Only in hospital settings
  4. Only when a supervising physician is present

Explanation

The practice act and Board rules define the pharmaceutical agents optometrists may use, including topical agents for diagnosis and treatment. The authority is statutory and does not require on-site physician supervision.

Question 14Optometry statutes and administrative rules

A patient files a complaint with the Board alleging substandard care. Which describes the Board's role?

  1. The Board sets the patient's insurance reimbursement
  2. The Board refers all complaints to the association
  3. The Board investigates and may impose discipline on the license Correct answer.
  4. The Board represents the patient in a lawsuit for damages

Explanation

The Board's function is regulatory: it investigates complaints, determines whether the standard of care was met, and may impose sanctions. It does not litigate private damage claims on the patient's behalf.

Question 15Optometry statutes and administrative rules

An optometrist wants to use a title such as 'Dr.' in advertising in New Hampshire. Which statement is correct?

  1. Any title may be used regardless of credentials
  2. Titles are regulated solely by the advertising media
  3. Advertising must not be false or misleading and must accurately reflect credentials Correct answer.
  4. Only the title 'Optometrist' may ever appear

Explanation

Advertising rules prohibit deceptive or misleading statements and require accurate representation of credentials. Using a doctoral title earned through optometric education is generally permissible if not misleading.

Question 16Optometry statutes and administrative rules

What is the standard for informed consent before an optometric procedure in New Hampshire?

  1. Only written consent signed by a guardian is ever valid
  2. Consent may be assumed from the patient's presence
  3. Consent is unnecessary for routine procedures
  4. The patient must receive sufficient information to make an informed decision Correct answer.

Explanation

Informed consent requires disclosure of the nature of the procedure, material risks, and alternatives so the patient can decide voluntarily. The precise documentation may vary, but the informational standard does not.

Question 17Optometry statutes and administrative rules

An optometrist delegates a task to an unlicensed assistant. Which principle governs whether the delegation is lawful?

  1. Delegation is lawful if the assistant is supervised by phone
  2. Delegation is limited to tasks the Board rules permit unlicensed personnel to perform Correct answer.
  3. Delegation is lawful if the patient consents
  4. Delegation is lawful whenever the assistant is trained

Explanation

The Board's rules define what may be delegated to unlicensed personnel and what must remain with the licensed optometrist. Delegating beyond that scope is a violation regardless of training or consent.

Question 18Optometry statutes and administrative rules

A New Hampshire optometrist is convicted of insurance fraud. What is the likely regulatory consequence?

  1. The Board must defer entirely to the insurer
  2. No consequence because the conduct is unrelated to clinical care
  3. The conviction may constitute grounds for Board discipline Correct answer.
  4. The license is automatically reinstated after appeal

Explanation

Statutes commonly list fraud and dishonesty as disciplinary grounds because they bear on fitness to practice. The Board may act independently of any insurer's decision.

Question 19Optometry statutes and administrative rules

Which best describes the confidentiality obligation of a New Hampshire optometrist regarding patient information?

  1. Information is protected and may be disclosed only as authorized by law or the patient Correct answer.
  2. Confidentiality applies only to written records
  3. Confidentiality ends when the patient moves away
  4. Information may be shared freely with any interested party

Explanation

Patient information is confidential, and disclosure is limited to authorized situations such as treatment, legal requirements, or patient consent. The duty covers oral as well as written information.

Question 20Optometry statutes and administrative rules

A New Hampshire optometrist performs a procedure that the practice act does not authorize. How is this characterized?

  1. Permissible if the patient signs a waiver
  2. An acceptable expansion of practice if clinically useful
  3. Practice outside the lawful scope and subject to discipline Correct answer.
  4. Permissible if taught in optometry school

Explanation

Scope of practice is set by statute and rule, not by clinical utility or patient waiver. Performing unauthorized procedures exposes the licensee to discipline for exceeding scope.

Question 21Optometry statutes and administrative rules

An optometrist's license is summarily suspended by the Board pending a hearing. Which principle supports this action?

  1. The state's police power to protect the public, balanced with due process Correct answer.
  2. Summary suspension is a permanent revocation
  3. The Board may act without any statutory basis
  4. Licensees have no procedural rights

Explanation

The state may act quickly to protect the public when there is an immediate risk, but due process requires a prompt hearing. Summary suspension is temporary and reviewable, not a final revocation.

Question 22Optometry statutes and administrative rules

A New Hampshire optometrist advertises a 'free eye exam' but bills patients for a mandatory screening bundled with it. How would the Board most likely view this?

  1. As a private billing dispute outside the Board's purview
  2. As lawful because the exam itself was free
  3. As deceptive advertising subject to discipline Correct answer.
  4. As lawful because patients signed a form

Explanation

Advertising that creates a misleading impression about cost is deceptive, even if a technical component is free. The Board may discipline misleading advertising that harms or misleads the public.

Question 23Optometry statutes and administrative rules

Which situation most clearly creates a conflict of interest requiring disclosure or avoidance under New Hampshire optometry rules?

  1. Using a standard appointment schedule
  2. Charging the customary fee for a service
  3. Attending a continuing education seminar
  4. Referring a patient to a laboratory in which the optometrist has a financial interest Correct answer.

Explanation

A financial interest in a referral destination can compromise clinical judgment, so such arrangements require disclosure or avoidance. Routine scheduling, education, and customary fees do not create the same conflict.

Question 24Optometry statutes and administrative rules

An optometrist licensed in New Hampshire wishes to provide services through telehealth. Which statement best reflects the regulatory approach?

  1. Telehealth practice must comply with licensure, standard-of-care, and recordkeeping rules Correct answer.
  2. Telehealth is permitted only for non-residents
  3. Telehealth requires no patient identity verification
  4. Telehealth is entirely unregulated for optometry

Explanation

Telehealth does not create an exception to licensure or to the standard of care; the same recordkeeping and privacy rules apply. The practitioner must be licensed where the patient is located.

Question 25Optometry statutes and administrative rules

A licensee fails to respond to a Board subpoena during an investigation. What is the likely result?

  1. The failure may itself be a disciplinary violation Correct answer.
  2. The Board must drop the underlying complaint
  3. The subpoena is unenforceable against licensees
  4. The investigation automatically closes

Explanation

Licensees must cooperate with lawful Board investigations, and failure to respond can be treated as a separate violation. The Board may also seek enforcement of its subpoena in court.

Question 26Optometry statutes and administrative rules

Under the New Hampshire optometry statutes, what must a person obtain before practicing optometry in the state?

  1. A federal vision-care provider number
  2. A business registration from the secretary of state
  3. A license issued by the Board of Optometry Correct answer.
  4. A certificate from the state medical society

Explanation

The practice act makes licensure by the Board of Optometry the legal prerequisite to practicing optometry in New Hampshire. Business registrations or provider numbers may be needed for other purposes but do not authorize clinical practice.

Question 27Optometry statutes and administrative rules

Which entity is responsible for licensing and disciplining optometrists in New Hampshire?

  1. The state department of education
  2. The state optometric association
  3. The Board of Optometry Correct answer.
  4. The governor's office

Explanation

The Board of Optometry is the administrative body charged with licensing qualified applicants and taking disciplinary action against licensees. It operates under the state's administrative procedures framework rather than through private associations.

Question 28Optometry statutes and administrative rules

An applicant for a New Hampshire optometry license must generally demonstrate which of the following?

  1. Membership in the state optometric association
  2. Completion of a two-year residency in surgical ophthalmology
  3. Ownership of an optical dispensary
  4. Graduation from an accredited optometry school and passage of required examinations Correct answer.

Explanation

Licensure standards typically require graduation from an accredited school or college of optometry plus successful completion of the required national and state examinations. Residency, association membership, and business ownership are not prerequisites to licensure.

Question 29Optometry statutes and administrative rules

How is the New Hampshire optometry license best characterized in legal terms?

  1. A privilege granted by the state that carries continuing conditions Correct answer.
  2. A constitutional right held by every adult resident
  3. A property interest that cannot be conditioned
  4. A contract between the licensee and the Board

Explanation

Professional licensure is a privilege conferred by the state to protect the public, and it remains conditioned on compliance with statutes, rules, and renewal requirements. It is not a right, unconditional property interest, or bilateral contract.

Question 30Optometry statutes and administrative rules

Which of the following is a ground on which the New Hampshire Board of Optometry may discipline a licensee?

  1. Charging fees that are higher than a colleague's
  2. Attending continuing education in another state
  3. Referring a patient to an ophthalmologist
  4. Practicing while impaired by alcohol or drugs Correct answer.

Explanation

Impairment while practicing endangers patients and is a recognized basis for disciplinary action, including suspension or revocation. Attending approved education elsewhere, making appropriate referrals, and setting one's own fees are not themselves grounds for discipline.

Question 31Optometry statutes and administrative rules

What is the primary purpose of the New Hampshire optometry practice act and its administrative rules?

  1. To standardize fees charged to insurance carriers
  2. To maximize revenue for licensed optometrists
  3. To protect the public health, safety, and welfare Correct answer.
  4. To limit competition among optical retailers

Explanation

Occupational regulation exists to safeguard the public by ensuring competent, ethical practice. Economic protection of licensees or retailers is not a legitimate regulatory purpose.

Question 32Optometry statutes and administrative rules

Before performing an optometric procedure, a New Hampshire optometrist must generally obtain which of the following from the patient?

  1. Informed consent after disclosing material risks and alternatives Correct answer.
  2. A referral from a primary care physician
  3. A written waiver releasing the optometrist from all liability
  4. Approval from the patient's insurer

Explanation

Informed consent requires that the patient receive information about the nature of the procedure, its material risks, and available alternatives before agreeing. A blanket liability waiver and third-party approvals are not substitutes for patient consent.

Question 33Optometry statutes and administrative rules

A New Hampshire optometrist must report which of the following to the Board?

  1. The addition of a new receptionist at the front desk
  2. A change in the optometrist's preferred eyewear brand
  3. A change of the address of record for the licensee Correct answer.
  4. An increase in the office's patient volume

Explanation

Licensees are generally required to keep the Board informed of current contact and practice address information so that official communications can be delivered. Routine staffing or business changes unrelated to licensure need not be reported.

Question 34Optometry statutes and administrative rules

A New Hampshire optometrist's license is up for renewal, and the optometrist has completed fewer continuing education hours than the rules require. What is the appropriate course of action?

  1. Continue practicing while the deficiency is resolved
  2. Renew the license and complete the hours at any later date without documentation
  3. Complete the required hours and document them as the rules direct before or with renewal Correct answer.
  4. Ask a colleague to certify hours that were not completed

Explanation

Renewal is conditioned on satisfying the continuing education requirement, and licensees must maintain verifiable documentation. Falsifying records or practicing on a deficient renewal exposes the licensee to discipline.

Question 35Optometry statutes and administrative rules

A New Hampshire optometrist wants to display a sign reading 'Board Certified Eye Specialist' when no such certification exists. How should this be evaluated?

  1. It is misleading advertising prohibited by the rules governing licensee communications Correct answer.
  2. It is permissible because the sign is on private property
  3. It is permissible if no patient has complained
  4. It is permissible if the optometrist holds a valid license

Explanation

Advertising and professional communications must be truthful and not misleading; implying a certification the optometrist does not hold is deceptive. A valid license does not authorize false or misleading claims, and the absence of complaints does not make the claim lawful.

Question 36Optometry statutes and administrative rules

A New Hampshire optometrist is retiring and wants to transfer custody of patient records to another practice. Which approach best complies with the practice act and Board rules?

  1. Take the records home indefinitely without informing patients
  2. Provide notice to patients and transfer records in a manner that preserves confidentiality Correct answer.
  3. Sell the records to the highest bidder without notice
  4. Discard the records to protect patient privacy

Explanation

Patient records must be maintained and, when a practice closes or transfers, patients should be notified and records transferred in a way that safeguards confidentiality. Destruction without notice or unregulated sale disregards both recordkeeping and privacy obligations.

Question 37Optometry statutes and administrative rules

During an examination, a New Hampshire optometrist suspects a patient has a serious systemic condition requiring urgent medical attention. What is the appropriate action?

  1. Treat the systemic condition personally without referral
  2. Advise the patient of the finding and facilitate referral to an appropriate physician Correct answer.
  3. Wait for the patient to raise concerns at the next visit
  4. Withhold the finding to avoid alarming the patient

Explanation

The optometrist must communicate significant findings and arrange appropriate referral for care outside the optometric scope. Withholding information or attempting to manage systemic disease beyond scope is inconsistent with the standard of care.

Question 38Optometry statutes and administrative rules

A New Hampshire optometrist is asked to supervise a student performing clinical tasks. Which principle governs the arrangement?

  1. The student assumes full legal responsibility for all care provided
  2. The student may bill independently as a licensed optometrist
  3. Supervision is unnecessary if the patient consents
  4. The supervising optometrist remains responsible for the care and must ensure the student is properly supervised Correct answer.

Explanation

Delegation and supervision rules place responsibility on the licensed optometrist for the acts performed under supervision. Students cannot independently assume responsibility for care or represent themselves as licensed.

Question 39Optometry statutes and administrative rules

A New Hampshire optometrist receives a request from an attorney for a patient's records accompanied by a valid authorization. What is the appropriate response?

  1. Provide only a verbal summary and withhold all documentation
  2. Release the records without any authorization
  3. Refuse all attorney requests categorically
  4. Release the records consistent with the authorization and applicable privacy requirements Correct answer.

Explanation

When a proper authorization or legal compulsion is presented, the optometrist may release records while following confidentiality and privacy safeguards. Categorical refusal or release without authority is inconsistent with both patient rights and legal obligations.

Question 40Optometry statutes and administrative rules

A New Hampshire optometrist is considering a business arrangement with an optical company that would pay a fee for each patient referred. How should this be assessed?

  1. It is permitted because the payment comes from a business rather than a patient
  2. It likely violates the prohibition on fee splitting and improper inducements Correct answer.
  3. It is permitted if disclosed to patients in writing
  4. It is permitted because the patients benefit from convenience

Explanation

Fee splitting and paying or receiving consideration for referrals are prohibited because they create improper financial incentives that compromise patient care. Disclosure does not cure a prohibited arrangement, and the corporate source of the payment is irrelevant.

Question 41Optometry statutes and administrative rules

A New Hampshire optometrist prescribes a therapeutic agent for a patient with a corneal infection. Which statement best reflects the regulatory framework?

  1. Prescribing is permitted only within the pharmaceutical authority granted by the practice act and rules Correct answer.
  2. Any drug may be prescribed because the optometrist holds a license
  3. Prescribing requires prior approval from the Board for each patient
  4. Prescribing is limited to over-the-counter products

Explanation

Optometric pharmaceutical authority is defined by statute and Board rules, which specify the agents and conditions within scope. A general license does not confer unlimited prescribing authority, and case-by-case Board approval is not the mechanism.

Question 42Optometry statutes and administrative rules

A patient presents with a condition that the New Hampshire practice act places outside optometric scope. What should the optometrist do?

  1. Defer care indefinitely without referral
  2. Manage the condition and document it as an exception
  3. Manage the condition because the patient requested it
  4. Refer the patient to an appropriate licensed provider for management Correct answer.

Explanation

Practicing beyond the defined scope is unlawful even at patient request, so the optometrist must refer the patient to a provider authorized to treat the condition. Documentation cannot legitimize care outside scope, and indefinite deferral harms the patient.

Question 43Optometry statutes and administrative rules

A New Hampshire optometrist is contacted by a Board investigator and asked to produce treatment records for a specific patient. What is the appropriate response?

  1. Cooperate with the investigation and produce the requested records as directed Correct answer.
  2. Discuss the investigation publicly to gather support
  3. Ignore the request until a court order is issued
  4. Provide altered records that omit unfavorable entries

Explanation

Licensees must cooperate with Board investigations, and refusing or obstructing a lawful request can itself be a disciplinary violation. Altering records is falsification, and public discussion may breach confidentiality.

Question 44Optometry statutes and administrative rules

A New Hampshire optometrist delegates a routine screening task to an unlicensed technician. Which factor is most important in determining whether the delegation is lawful?

  1. Whether the patient pays in cash rather than using insurance
  2. Whether the technician has worked in the office for more than one year
  3. Whether the optometrist is present in the building at all times
  4. Whether the task is within the permissible scope for unlicensed assistive personnel and adequately supervised Correct answer.

Explanation

Delegation is judged by whether the task falls within the permitted duties for unlicensed personnel and whether appropriate supervision is provided. Tenure, payment method, and constant physical presence are not the governing criteria.

Question 45Optometry statutes and administrative rules

A New Hampshire optometrist discovers that a colleague is practicing with an expired license. What is the most appropriate professional response?

  1. Report the matter to the Board because unlicensed practice endangers the public Correct answer.
  2. Warn patients privately but take no further action
  3. Cover for the colleague by signing the colleague's charts
  4. Ignore the situation because it is a personal matter for the colleague

Explanation

Licensed professionals have a duty to protect the public, and reporting suspected unlicensed practice to the Board is the appropriate step. Concealing the conduct or documenting care for another practitioner compounds the violation.

Question 46Optometry statutes and administrative rules

A New Hampshire optometrist's license has been revoked. Which statement best describes the optometrist's status?

  1. The optometrist may practice only on weekends
  2. The optometrist may continue practicing under a different business name
  3. The optometrist may practice if patients sign a disclosure form
  4. The optometrist may not practice optometry until the Board restores the license Correct answer.

Explanation

Revocation removes the authority to practice, and only the Board can restore licensure through its established process. Practicing under another name, on selected days, or with patient disclosures remains unlicensed practice.

Question 47Optometry statutes and administrative rules

An optometrist licensed in another state moves to New Hampshire and wants to see patients immediately. What must occur first?

  1. The optometrist may practice for one year while the license application is pending
  2. The optometrist may practice under a New Hampshire colleague's license
  3. The optometrist may practice if the out-of-state license is displayed
  4. The optometrist must obtain a New Hampshire license through the Board's endorsement or licensure process Correct answer.

Explanation

A license from another jurisdiction does not authorize practice in New Hampshire; the optometrist must be licensed by the New Hampshire Board, often through endorsement of credentials. Interim practice without a New Hampshire license is unlicensed practice.

Question 48Optometry statutes and administrative rules

A New Hampshire optometrist is accused of a violation and receives notice of a hearing. Which statement best reflects the Board's adjudicative process?

  1. The Board's decision is made solely by the complainant
  2. The licensee is entitled to notice and an opportunity to be heard before the Board imposes discipline Correct answer.
  3. The Board may impose discipline without any notice to the licensee
  4. The licensee has no right to present evidence at the hearing

Explanation

Administrative due process requires adequate notice of the charges and a meaningful opportunity to respond and present evidence before discipline is imposed. Discipline without notice or an opportunity to be heard would violate fundamental fairness.

Question 49Optometry statutes and administrative rules

A New Hampshire optometrist wants to open a practice with a non-optometrist business partner who will share in clinical profits. Which issue is most significant under the practice act?

  1. Whether the arrangement amounts to prohibited fee splitting or improper control of professional judgment Correct answer.
  2. Whether the practice advertises in print or online
  3. Whether the office is located in a commercial zone
  4. Whether the partner has a college degree

Explanation

Arrangements that give non-licensees a share of professional fees or control over clinical decisions raise fee-splitting and professional-independence concerns under the practice act. The partner's education, zoning, and advertising medium are not the central regulatory questions.

Question 50Optometry statutes and administrative rules

A New Hampshire optometrist is asked to sign a certification for continuing education credits that were not actually completed. What is the most accurate characterization?

  1. It is acceptable if the missing credits are made up within the same year
  2. It is acceptable if the optometrist pays a late fee
  3. It is falsification of a regulatory record and exposes the licensee to discipline Correct answer.
  4. It is acceptable because the Board does not audit submissions

Explanation

Certifying completion of education that did not occur is falsification, which undermines the Board's assurance of continuing competence and is independently disciplinable. Later completion, reliance on audit gaps, or fee payments do not excuse the false certification.