ABO NOCE Basic Opticianry Ophthalmic Laws and Regulations 5 — Questions and Answers
Question 1: Which body is responsible for enforcing the Fairness to Contact Lens Consumers Act (FTCLCA) and the Contact Lens Rule?
- The FDA Center for Devices and Radiological Health
- The Federal Trade Commission (FTC) (Correct answer)
- The Centers for Medicare and Medicaid Services (CMS)
- The American Optometric Association (AOA)
Correct answer: The Federal Trade Commission (FTC)
The Federal Trade Commission (FTC) is responsible for enforcing the FTCLCA and its implementing regulation, the Contact Lens Rule (16 CFR Part 315).
Question 2: A patient presents a prescription written by an ophthalmologist practicing in another state. Under the FTC Eyeglass Rule, an optician in the dispensing state should:
- Refuse to fill it, as out-of-state prescriptions are not recognized
- Fill the prescription if it meets all other requirements — state of origin does not invalidate a valid prescription (Correct answer)
- Require the patient to obtain a new prescription locally
- Contact the state board for approval before dispensing
Correct answer: Fill the prescription if it meets all other requirements — state of origin does not invalidate a valid prescription
The FTC Eyeglass Rule and most state regulations recognize prescriptions from licensed prescribers regardless of which state issued the license, provided the prescription is otherwise valid.
Question 3: Under HIPAA, a patient's right to access their own protected health information (PHI), including their prescription records, must generally be fulfilled within:
- 24 hours
- 15 calendar days
- 30 calendar days, with one possible 30-day extension (Correct answer)
- 60 calendar days
Correct answer: 30 calendar days, with one possible 30-day extension
HIPAA's Privacy Rule requires covered entities to respond to patient requests for access to their PHI within 30 calendar days, with the option to extend by an additional 30 days with written notice.
Question 4: Ophthalmic lenses classified as 'dress eyewear' must meet impact resistance requirements under FDA 21 CFR 801.410. Which of the following is NOT a recognized method for meeting these requirements?
- Passing the FDA drop-ball test for finished lenses
- Using a lens material inherently impact resistant (e.g., polycarbonate)
- Having the manufacturer certify that lenses meet the standard
- Using an anti-reflective coating certified as impact resistant (Correct answer)
Correct answer: Using an anti-reflective coating certified as impact resistant
An anti-reflective coating alone does not satisfy FDA impact resistance requirements; compliance requires the lens itself (material or construction) to pass the drop-ball test or be inherently resistant.
Question 5: A patient who is a Medicare beneficiary wishes to purchase eyeglasses. Under standard Medicare Part B coverage, eyeglasses are:
- Covered in full as a medically necessary device
- Not covered, except following cataract surgery with IOL implantation (Correct answer)
- Covered at 80% after the deductible for any prescription change
- Covered only for patients with documented low vision
Correct answer: Not covered, except following cataract surgery with IOL implantation
Medicare Part B generally does not cover routine eyeglasses, but does cover one pair of standard frames or contact lenses following cataract surgery with intraocular lens implantation.
Question 6: An optician fails to renew their state license but continues to practice. In addition to state penalties, which professional consequence may result?
- Automatic revocation of ABO certification
- Potential loss or suspension of ABO-NCLE certification status (Correct answer)
- Immediate federal criminal prosecution under HIPAA
- Mandatory referral to the state medical board
Correct answer: Potential loss or suspension of ABO-NCLE certification status
ABO-NCLE certification standards require that certified opticians maintain all required state licensure; practicing without a valid state license can jeopardize ABO-NCLE certification status.
Question 7: Which of the following actions by an optician would most clearly violate the FTC Contact Lens Rule?
- Asking the patient for a copy of their prescription
- Refusing to dispense contact lenses to a patient with a valid unexpired prescription because they have a store brand preference (Correct answer)
- Contacting the prescriber to verify a prescription before dispensing
- Informing the patient that their prescription has expired
Correct answer: Refusing to dispense contact lenses to a patient with a valid unexpired prescription because they have a store brand preference
Under the FTC Contact Lens Rule, sellers are prohibited from refusing to sell contact lenses to a patient who presents a valid, unexpired prescription — brand or store preference cannot be used as grounds for refusal.
ABO NOCE Basic Opticianry Ophthalmic Laws and Regulations 5
Which body is responsible for enforcing the Fairness to Contact Lens Consumers Act (FTCLCA) and the Contact Lens Rule?