Test Your Knowledge of Law and Practice - Answers
- According to Education Law, Article 130, section 6502, to practice in
this State, all ophthalmic dispensers must register with the New York
- Education Department
- Health Department
- Office of Professional Discipline
- Worker's Compensation Board
a. The New York State Education Department is authorized by law to regulate ophthalmic dispensing and 43 other licensed professions.
- What is the function of the Office of Professional Discipline in relation
to the practice of ophthalmic dispensing?
- to convict professionals who commit State or Federal crimes
- to set guidelines for practice
- to monitor consumer complaints
- to investigate and prosecute allegations of professional misconduct
d. The Office of Professional Discipline investigates and prosecutes all allegations of professional misconduct related to ophthalmic dispensing practice in New York.
- According to Education Law, Article 130, section 6502, a license shall
be valid during the life of the holder unless the:
- Board of Regents revokes, annuls, or suspends the license
- Education Department files charges against the licensee
- licensee moves without proper notification
- licensee practices less than one day per month
a. A license is valid during the life of the holder unless revoked, annulled or suspended by the Board of Regents.
- 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:
- assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
- conduct investigations into misconduct
- register or approve educational programs
- review qualifications of all candidates for licensure
a. The State Boards for the professions are committees of persons licensed in the profession plus at least one public representative who serves as advisor to the Board of Regents and the Department of Education on matters of professional licensing, practice and conduct.
- According to Education Law, Article 130, section 6509, which one of
the following does not constitute professional misconduct?
- being convicted of a crime under Federal Law
- permitting an unlicensed person to perform activities requiring a license
- sharing professional fees with a partner authorized to practice the same profession
- willfully failing to notify the Department of any change in name or mailing address
c. Regents Rule 29.1(b)(4) permits partners to share in the fees for professional services.
- According to Rules of the New York State Board of Regents Part 29.2,
a licensed professional is practicing proper infection control if:
- direct patient contact is discontinued when the licensee has weeping skin lesions
- gown and gloves only are donned if splattering blood is possible
- sharp items are placed in the trash
- the same protective equipment is used between patients
a. Regents Rule 19.2(13)(xii) requires licensees to refrain from all direct patient care when the licensee has exudative lesions or weeping dermatitis that has not been medically evaluated to be safe or capable of being safely protected against.
- 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?
- charging a fee for providing health records to a patient
- refusing to make available to a patient copies of health/medical records
- failing to wear an identification badge
- offering bonuses for a professional service
a. Regents Rule 29.1 of the Rules of the Board of Regents states that it is unprofessional conduct for a licensee to fail to make available to a patient or client, upon request, copies of documents in their possession or under the control of the licensee. Part 29.2(b) also states that it is unprofessional conduct for licensees not to follow section 18 of the public health law. This section states that licensees may charge no more then 75 cents a page for paper copies of medical records. However, an individual cannot be denied access to information solely because s/he is unable to pay.
- According to Education Law, Article 144, section 7121, from whom may
an ophthalmic dispenser accept a prescription for eyeglasses or contact
- nurse practitioner
- vision care specialist
d. According to New York State law, an ophthalmic dispenser must have a prescription from a physician or optometrist licensed in New York State to dispense eyeglasses or contact lenses.
- Which one of the following statements is incorrect regarding the definition
of ophthalmic dispensing as stated in Education Law, Article 144, section
- ophthalmic dispensing is defined as adapting and fitting lenses, for the correction of deficiencies, deformities or anomalies of the human eyes
- ophthalmic dispensers may adapt or dispense replacements or duplicates of lenses without a prescription
- ophthalmic dispensers may conduct refraction
- contact lenses may be fitted by an ophthalmic dispenser only under the personal supervision of a licensed physician or optometrist
c. Ophthalmic dispensers cannot perform refraction, which is restricted by New York State law to the practice of medicine and optometry.
- 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?
- the permittee shall be under the supervision of a licensed physician, optometrist, or ophthalmic dispenser
- 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
- supervision of a permittee shall be on-site but not necessarily direct personal supervision
- the fee for each limited permit and for each renewal shall be $45.00
d. The fee for each limited permit and for each renewal is $35.00.
- 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 new graduate of a ophthalmic dispensing program
- a vision-care specialist
- an ophthalmic dispensing student engaged in clinical practice under supervision in an approved program of ophthalmic dispensing
- an ophthalmic dispenser licensed in another state
c. Students enrolled in an approved ophthalmic dispensing or ophthalmic dispenser assistant program are exempt from requiring a license, certificate, or limited permit. Other exempt persons include: (a) an ophthalmic dispenser awarded a limited permit by the Department, provided they have on-site supervision; (2) an unlicensed person performing merely mechanical work upon inert matter in an optical office, laboratory or shop.
- Which of the following can an ophthalmic dispenser provide without an
- prescription eyeglasses
- replacement or duplicate lenses
- contact lenses
- LASIK surgery
b. Ophthalmic dispensers can adapt and dispense replacement lenses or duplicates of such lenses without a prescription.
- Which of the following statements is not a requirement for dispensing
contact lenses, according to Education Law, Article 144, section 7124?
- 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
- the individual has passed a separate examination in contact lenses
- the individual has personally worn contact lenses for at least five years prior to licensing
- the individual has the requisite experience in the fitting of contact lenses
c. An ophthalmic dispenser licensed after July 1, 1973, may not fit contact lenses unless s/he qualifies for licensing as an ophthalmic dispenser, passes a separate practical examination in contact lenses, and has experience in the fitting of contact lenses acceptable to the State Board.
- In order to qualify for licensing as an ophthalmic dispenser, an applicant
must have completed high school and what other education requirement?
- completed a two-year program in ophthalmic dispensing
- completed two years of training and experience in ophthalmic dispensing under the supervision of a licensed ophthalmic dispenser, optometrist or physician
- completed an on-line course in selection of eyeglass frames
- either (a) OR (b) above
d. An applicant for licensing as an ophthalmic dispenser can meet the education requirement through graduation from an approved two-year college program or the completion of the 2, 400-hour Career Progression Program under the supervision of a licensed professional.
- 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?
- 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
- not engaged in the practice of ophthalmic dispensing and having filed a statement declaring such with the Department
- attendance at continuing education would be inconvenient and interfere with the licensed ophthalmic dispenser's social activities
- during the first three-year registration period during which the ophthalmic dispenser was licensed
c. All licensed ophthalmic dispensers must complete 18 hours of continuing education in a three-year period, except during the first registration period after licensing. Ophthalmic dispensers certified to fit contact lenses must complete 20 hours in a three-year period, with 10 of those hours in study related to dispensing and fitting contact lenses. Courses can be completed through self-study or interactive on-line to accommodate the schedule and regional needs of licensees. Failure to comply with mandatory continuing education could result in charges of professional misconduct against a licensee.
- 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?
- licensed ophthalmic dispenser, optometrist or physician
- PADI-approved dive shop
- chain sporting goods store
- mass market discount or wholesale buying club
a. Only a licensed ophthalmic dispenser can dispense corrective eye wear, including specialized equipment used in sports and recreation activities. Therefore, a licensed eyecare professional must be in attendance at the place of sale and in charge of the dispensing of special eyecare items, such as diving masks, or swim goggles.
- 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
- 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"
- 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
- supervision by a licensed ophthalmic dispenser
- lenses shall be of uniform focus power in each eye and may not exceed +2.75 diopters
c. Education law specifically exempts the sale of pre-made magnifiers from the requirement that a licensed ophthalmic dispenser supervise and dispense non-prescription eyeglasses. The retailer, however, must comply with the requirements for signs and consumer information specified in Education Law, Article 144 sections 7126 and 7127.
- 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:
- is permitted if the unlicensed person is employed by an ophthalmologist
- is permitted if the licensee has written consent from the director of the Office of Professional Discipline
- is not permitted even if the licensee directly supervises all activities of the unlicensed person
- is permitted if the licensee fulfills required continuing education
c. It is unprofessional conduct to delegate professional responsibilities to an unlicensed person even when the licensee provides on-site supervision.
- 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?
- 4 years
- 6 years
- 8 years
- 10 years
b. Regent Rule 29.2(a)(3) requires licensees to maintain records for adult patients for six years.
- 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?
- 4 years or until the patient turns age 21
- 6 years or until the patient turns age 21
- 4 years and until one year after the minor reaches the age of 21
- 6 years and until one year after the minor reaches the age of 21
d. Regent Rule 29.2(a)(3) requires licensees to maintain obstetrical records and records of minor patients for at least six years and until one year after the minor patient reaches the age of 21 years.