Test Your Knowledge of Law and Practice

Introduction

As a licensed professional in New York State, it is your professional responsibility to know the legal requirements governing the practice of your profession and to be alert to changes in those requirements. To help you, this self-administered exam, developed by the State Board for Ophthalmic Dispensing, is intended to provide you with a measure of your working knowledge of those requirements. Full knowledge will help avoid pitfalls that can lead to charges of professional misconduct. If in doubt, study the law and regulations or call the Board office at 518-474-3817 ext. 180; or e-mail odbd@mail.nysed.gov.

The following questions relate to Education Law, Articles 130 and Article 144 and Part 59 of the Regulations of the Commissioner of Education, and Part 29 of the Rules of the Board of Regents. Select one answer for each question. A link to the correct answers, with explanations, is provided at the bottom of this page.

  • An overall score of 100% is a perfect score ;
  • a score of 75% to 95% is good;
  • a score below 75% means you may be in danger of violating your professional practice act.

Questions

  1. According to Education Law, Article 130, section 6502, to practice in this State, all ophthalmic dispensers must register with the New York State:
    a. Education Department
    b. Health Department
    c. Office of Professional Discipline
    d. Worker's Compensation Board

  2. What is the function of the Office of Professional Discipline in relation to the practice of ophthalmic dispensing?
    a. to convict professionals who commit State or Federal crimes
    b. to set guidelines for practice
    c. to monitor consumer complaints
    d. to investigate and prosecute allegations of professional misconduct

  3. According to Education Law, Article 130, section 6502, a license shall be valid during the life of the holder unless the:
    a. Board of Regents revokes, annuls, or suspends the license
    b. Education Department files charges against the licensee
    c. licensee moves without proper notification
    d. licensee practices less than one day per month

  4. According to Education Law, Article 130, section 6508, a board for each profession shall be appointed by the Board of Regents. The purpose of the State Board for Ophthalmic Dispensing is to:
    a. assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
    b. conduct investigations into misconduct
    c. register or approve educational programs
    d. review qualifications of all candidates for licensure

  5. According to Rules of the New York State Board of Regents Part 29.1, which one of the following does not constitute professional misconduct?
    a. being convicted of a crime under New York State or Federal Law
    b. permitting an unlicensed person to perform activities requiring a license
    c. sharing professional fees with a partner authorized to practice the same profession
    d. willfully failing to notify the Department of any change in name or mailing address

  6. According to Rules of the New York State Board of Regents Part 29.2, a licensed professional is practicing proper infection control if:
    a. direct patient contact is discontinued when the licensee has weeping skin lesions
    b. gown and gloves only are donned if splattering blood is possible
    c. sharp items are placed in the trash
    d. the same protective equipment is used between patients

  7. According to the Rules of the New York State Board of Regents, Part 29.1 and 29.2, which of the following conduct is lawful?
    a. charging a fee for providing health records to a patient
    b. refusing to make available to a patient copies of health/medical records
    c. failing to wear an identification badge
    d. offering bonuses for a professional service

  8. According to Education Law, Article 144, section 7121, from whom may an ophthalmic dispenser accept a prescription for eyeglasses or contact lenses?
    a. chiropractor
    b. nurse practitioner
    c. vision care specialist
    d. optometrist

  9. Which one of the following statements is incorrect regarding the definition of ophthalmic dispensing as stated in Education Law, Article 144, section 7121?
    a. ophthalmic dispensing is defined as adapting and fitting lenses, for the correction of deficiencies, deformities or anomalies of the human eyes
    b. ophthalmic dispensers may adapt or dispense replacements or duplicates of lenses without a prescription
    c. ophthalmic dispensers may conduct refraction
    d. contact lenses may be fitted by an ophthalmic dispenser only under the personal supervision of a licensed physician or optometrist

  10. The use of a limited permit is necessary for an applicant for licensing as an ophthalmic dispenser who has met all licensure requirements except passing the New York State practical examination. Which of the following statements about limited permits is incorrect?
    a. the permittee shall be under the supervision of a licensed physician, optometrist, or ophthalmic dispenser
    b. a limited permit expires after two years or upon notification to the applicant that the licensure application has been denied or ten days after the applicant is notified of failure on the practical examination, which ever occurs first
    c. supervision of a permittee shall be on-site but not necessarily direct personal supervision
    d. the fee for each limited permit and for each renewal shall be $45.00

  11. Pursuant to Education Law, which of the following individuals is exempt from the requirements for licensure to practice ophthalmic dispensing in New York State:
    a. a new graduate of a ophthalmic dispensing program
    b. a vision-care specialist
    c. an ophthalmic dispensing student engaged in clinical practice under supervision in an approved program of ophthalmic dispensing
    d. an ophthalmic dispenser licensed in another state

  12. Which of the following can an ophthalmic dispenser provide without an appropriate prescription?
    a. prescription eyeglasses
    b. replacement or duplicate lenses
    c. contact lenses
    d. LASIK surgery

  13. Which of the following statements is not a requirement for dispensing contact lenses, according to Education Law, Article 144, section 7124?
    a. a person licensed after July 1, 1973 shall be permitted to fit contact lenses only if the licensee qualifies to be licensed as an ophthalmic dispenser
    b. the individual has passed a separate examination in contact lenses
    c. the individual has personally worn contact lenses for at least five years prior to licensing
    d. the individual has the requisite experience in the fitting of contact lenses

  14. In order to qualify for licensing as an ophthalmic dispenser, an applicant must have completed high school and what other education requirement?
    a. completed a two-year program in ophthalmic dispensing
    b. completed two years of training and experience in ophthalmic dispensing under the supervision of a licensed ophthalmic dispenser, optometrist or physician
    c. completed an on-line course in selection of eyeglass frames
    d. either (a) OR (b) above

  15. Pursuant to Education Law, Article 144, section 7128, a licensed ophthalmic dispenser must complete her continuing education requirement during the registration period. Which of the following is not a valid reason for failure to complete mandatory continuing education?
    a. excused for reasons of health (certified by an appropriate professional), extended active duty with the armed forces of the United States, or other good cause acceptable to the Department
    b. not engaged in the practice of ophthalmic dispensing and having filed a statement declaring such with the Department
    c. attendance at continuing education would be inconvenient and interfere with the licensed ophthalmic dispenser's social activities
    d. during the first three-year registration period during which the ophthalmic dispenser was licensed

  16. The Education Department has determined that, pursuant to Education Law, corrective eyewear for sports activities, such as diving masks, can be legally sold by which of the following?
    a. licensed ophthalmic dispenser, optometrist or physician
    b. PADI-approved dive shop
    c. chain sporting goods store
    d. mass market discount or wholesale buying club

  17. According to New York State Education Law, Article 144, sections 7126 and 7127, which of the following is not a requirement in order to sell pre-made magnifiers?
    a. attaching to every pair the following: "Attention: ready-to-wear prescription glasses are NOT intended to replace prescribed corrective lenses or examinations by an eyecare professional"
    b. the magnifiers must be spherical convex lenses, uniform in each meridian, which are encased in eyeglass frames and intended to ameliorate the symptoms of presbyopia
    c. supervision by a licensed ophthalmic dispenser
    d. lenses shall be of uniform focus power in each eye and may not exceed +2.75 diopters

  18. In accordance with Education Law, Article 130, section 6509 and Part 29.1(b)(10) of the Rules of the Board of Regents, permitting, aiding, or abetting an unlicensed person to perform activities requiring a license:
    a. is permitted if the unlicensed person is employed by an ophthalmologist
    b. is permitted if the licensee has written consent from the director of the Office of Professional Discipline
    c. is not permitted even if the licensee directly supervises all activities of the unlicensed person
    d. is permitted if the licensee fulfills required continuing education

  19. How long must a New York State licensed ophthalmic dispenser maintain a record for each adult patient which accurately reflects the evaluation and treatment of the patient?
    a. 4 years
    b. 6 years
    c. 8 years
    d. 10 years

  20. How long must a New York State licensed ophthalmic dispenser maintain a record for each minor patient which accurately reflects the evaluation and treatment of that minor patient?
    a. 4 years or until the patient turns age 21
    b. 6 years or until the patient turns age 21
    c. 4 years and until one year after the minor reaches the age of 21
    d. 6 years and until one year after the minor reaches the age of 21

You correctly answered of the first 5 questions, those relating to Education Law.

You correctly answered of the entire set of 20 questions.

Overall percentage:

Answers

Last Updated: July 10, 2009