ABO NOCE Basic Opticianry Ophthalmic Laws and Regulations 3 — Questions and Answers
Question 1: HIPAA's Privacy Rule applies to opticians and optical dispensaries when they function as:
- Retail-only businesses with no clinical services
- Covered entities or business associates handling protected health information (Correct answer)
- State-licensed vendors only
- Non-profit vision care providers
Correct answer: Covered entities or business associates handling protected health information
HIPAA applies to opticians and optical businesses when they are covered entities (e.g., healthcare providers billing insurance) or business associates handling PHI on behalf of covered entities.
Question 2: Which organization offers the ABO (American Board of Opticianry) certification, and what does passing the NOCE examination certify?
- The ABO-NCLE; competency in contact lens fitting
- The ABO-NCLE; competency in ophthalmic optics and spectacle dispensing (Correct answer)
- The AOA; competency in low-vision rehabilitation
- The JCAHPO; competency in ophthalmic assisting
Correct answer: The ABO-NCLE; competency in ophthalmic optics and spectacle dispensing
The ABO-NCLE administers the NOCE (National Opticianry Competency Examination), which certifies that an optician has demonstrated competency in ophthalmic optics and spectacle dispensing.
Question 3: In most US states, an optician who wishes to fit contact lenses must:
- Hold only an ABO certification
- Hold only a valid state opticianry license
- Obtain additional certification or licensure specific to contact lens fitting (Correct answer)
- Complete a single manufacturer training course
Correct answer: Obtain additional certification or licensure specific to contact lens fitting
Contact lens fitting typically requires separate certification or licensure (such as NCLE certification or a state contact lens endorsement) beyond a standard opticianry license.
Question 4: A state law requires all dispensed spectacle lenses to meet impact resistance standards. Which federal standard establishes minimum impact resistance for ophthalmic lenses?
- ANSI Z87.1
- FDA 21 CFR 801.410 (Correct answer)
- OSHA 1910.133
- FTC 16 CFR 456
Correct answer: FDA 21 CFR 801.410
FDA 21 CFR 801.410 establishes the federal requirement for impact-resistant lenses in eyeglasses dispensed in the US, applying to all dress eyewear lenses.
Question 5: When may an optician legally dispense spectacle lenses without a current valid prescription?
- When the patient verbally confirms their old prescription
- When duplicating an existing pair of glasses with unchanged correction (Correct answer)
- Only in states without licensing requirements
- Never — a valid written prescription is always required
Correct answer: When duplicating an existing pair of glasses with unchanged correction
Most states and the FTC Eyeglass Rule permit the duplication of an existing pair of glasses without a new prescription if the patient's lenses are being identically reproduced.
Question 6: The term 'scope of practice' for a licensed optician means:
- The geographic area in which an optician may legally work
- The legally defined range of services an optician is permitted to perform (Correct answer)
- The number of patients an optician may serve per day
- The types of insurance plans an optician may bill
Correct answer: The legally defined range of services an optician is permitted to perform
Scope of practice defines the legally permitted range of professional activities — services an optician may perform without constituting the unauthorized practice of another profession.
Question 7: If a patient's contact lens prescription has expired, under the FTCLCA, a seller:
- May dispense a 90-day supply as a professional courtesy
- May not dispense lenses and must refer the patient for a new exam (Correct answer)
- May dispense if the patient signs a liability waiver
- May dispense up to a 30-day supply under an emergency exception
Correct answer: May not dispense lenses and must refer the patient for a new exam
Under the FTCLCA and FTC Contact Lens Rule, sellers may not dispense contact lenses on an expired prescription; the patient must obtain a new examination and valid prescription.
HIPAA's Privacy Rule applies to opticians and optical dispensaries when they function as: