ABO NOCE Basic Opticianry Ophthalmic Laws and Regulations Questions and Answers 4 — Questions and Answers
Question 1: Under which circumstance may an optician dispense contact lenses without a valid prescription?
- When the patient claims to have lost their prescription
- When the patient is an established customer with a prior prescription on file that is not expired
- In an emergency situation at the optician's discretion
- Never; a valid, unexpired prescription is always required (Correct answer)
Correct answer: Never; a valid, unexpired prescription is always required
The FTC Contact Lens Rule and state laws require a valid, unexpired prescription before dispensing contact lenses under any circumstances.
Question 2: The term 'ophthalmic dispenser' in state licensing statutes most commonly refers to:
- An ophthalmologist who also sells eyewear
- A licensed optician authorized to fit and dispense eyeglasses and contact lenses (Correct answer)
- A pharmacy technician who fills ophthalmic prescriptions
- An optical laboratory technician
Correct answer: A licensed optician authorized to fit and dispense eyeglasses and contact lenses
Many state statutes use 'ophthalmic dispenser' as the formal title for a licensed optician authorized to fit and dispense ophthalmic goods.
Question 3: Which regulatory body sets standards for the impact resistance of ophthalmic lenses sold in the United States?
- OSHA
- The FTC
- The FDA (Correct answer)
- The ABO/NCLE
Correct answer: The FDA
The FDA regulates ophthalmic lenses as medical devices and sets the impact resistance standards under 21 CFR Part 801.
Question 4: A HIPAA Business Associate Agreement (BAA) is required when an optical practice shares PHI with:
- Employees who work directly for the practice
- A third-party lab that receives patient prescriptions to fabricate lenses (Correct answer)
- State licensing boards upon request
- Insurance companies for legally required claims processing
Correct answer: A third-party lab that receives patient prescriptions to fabricate lenses
A BAA is required whenever a covered entity shares PHI with a third-party vendor (business associate) such as an optical laboratory.
Question 5: Under the FTC Eyeglass Rule, a prescriber may charge a separate fee for providing a copy of the prescription:
- If it requires more than one page
- If the patient requests more than one copy
- Under no circumstances; the prescription must be provided free (Correct answer)
- If the patient had a comprehensive rather than a routine exam
Correct answer: Under no circumstances; the prescription must be provided free
The FTC Eyeglass Rule explicitly prohibits charging patients any fee for providing their eyeglass prescription.
Question 6: A state opticianry board can take disciplinary action against a licensee for all of the following EXCEPT:
- Fraud or misrepresentation
- Gross negligence in dispensing
- Charging fees the board considers too low (Correct answer)
- Violations of state opticianry statutes
Correct answer: Charging fees the board considers too low
Boards regulate professional conduct and competence; setting prices is a business decision not subject to disciplinary action by licensing boards.
Question 7: Which statement about plano (non-prescription) sunglasses is accurate under FDA regulations?
- They are unregulated consumer products with no safety requirements
- They must meet the same impact resistance standard as prescription lenses (Correct answer)
- They are regulated as Class III medical devices
- They only need to comply with ANSI Z80.3 UV protection standards
Correct answer: They must meet the same impact resistance standard as prescription lenses
The FDA requires that non-prescription sunglasses meet the same drop ball impact resistance test as prescription dress lenses.
ABO NOCE Basic Opticianry Ophthalmic Laws and Regulations Questions and Answers 4
Under which circumstance may an optician dispense contact lenses without a valid prescription?