Laws and Professional Standards Flashcards
7 cards from real NOCE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Laws and Professional Standards flashcards as text
Which of the following best describes 'therapeutic privilege' as it might apply in an optical context?
Answer: A prescriber's rare and legally controversial ability to withhold information if full disclosure would seriously harm the patient
Therapeutic privilege is a narrow and controversial doctrine allowing a clinician to withhold information if disclosure would cause serious harm, but it is disfavored and rarely applicable.
Under the Americans with Disabilities Act (ADA), an optical dispensary that is open to the public must:
Answer: Make reasonable accommodations to ensure access for patients with disabilities
The ADA requires places of public accommodation, including optical dispensaries, to make reasonable modifications to policies and physical access for individuals with disabilities.
When a state opticianry law conflicts with a federal regulation such as an FDA labeling requirement, which generally prevails?
Answer: The federal regulation, under the Supremacy Clause of the U.S. Constitution
Under the Supremacy Clause of the U.S. Constitution, valid federal law preempts conflicting state law.
An optician is asked by a pharmaceutical sales rep to recommend a specific brand of contact lens solution in exchange for gifts. Accepting would most directly violate which professional standard?
Answer: Professional ethics standards prohibiting conflicts of interest
Accepting gifts for product recommendations creates a conflict of interest that violates professional ethics standards requiring opticians to act in patients' best interests.
In a state where opticianry licensure is required, an optical dispensary hires an unlicensed individual to perform frame adjustments and dispense eyeglasses. The employer may be:
Answer: Subject to penalties for aiding and abetting unlicensed practice
Employers who knowingly allow unlicensed individuals to perform licensed activities can face penalties for aiding and abetting unlicensed practice.
Which statement correctly describes the FTC Eyeglass Rule's requirement regarding prescriptions written after an eye exam?
Answer: Prescribers must give patients a copy of their prescription automatically, at no charge, after the exam
The FTC Eyeglass Rule mandates that prescribers automatically provide patients a copy of their eyeglass prescription at no extra charge immediately after the refraction is complete.
A licensed optician in a state that allows supervision of apprentices can supervise an apprentice dispensing glasses only if:
Answer: The supervising optician is physically present or immediately available as required by state law
Supervision requirements vary by state, but most require the licensed optician to be physically present or immediately available to oversee apprentice work.