NOCE Laws and Professional Standards 4 — Questions and Answers
Question 1: Which of the following best describes 'therapeutic privilege' as it might apply in an optical context?
- An optician's right to substitute a lens material without telling the patient
- A prescriber's rare and legally controversial ability to withhold information if full disclosure would seriously harm the patient (Correct answer)
- The legal right of an optical lab to skip impact testing on safety lenses
- An employer's right to exempt staff from HIPAA training
Correct 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.
Question 2: Under the Americans with Disabilities Act (ADA), an optical dispensary that is open to the public must:
- Provide free eyeglasses to patients with visual disabilities
- Make reasonable accommodations to ensure access for patients with disabilities (Correct answer)
- Hire a minimum percentage of visually impaired staff
- Offer tele-optometry services as an alternative
Correct 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.
Question 3: When a state opticianry law conflicts with a federal regulation such as an FDA labeling requirement, which generally prevails?
- The state law, because opticianry is regulated at the state level
- The federal regulation, under the Supremacy Clause of the U.S. Constitution (Correct answer)
- Whichever is more favorable to the patient
- The regulation adopted most recently
Correct 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.
Question 4: 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?
- Impact resistance testing protocol
- Scope of practice regulations for opticians
- Professional ethics standards prohibiting conflicts of interest (Correct answer)
- OSHA workplace safety requirements
Correct 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.
Question 5: 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:
- Immune from liability as long as a licensed optician is on the premises
- Subject to penalties for aiding and abetting unlicensed practice (Correct answer)
- Required only to provide additional training within 90 days
- Permitted to do so under a supervised trainee exemption in all states
Correct 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.
Question 6: Which statement correctly describes the FTC Eyeglass Rule's requirement regarding prescriptions written after an eye exam?
- Patients may request their prescription but the prescriber may charge a fee
- Prescribers must give patients a copy of their prescription automatically, at no charge, after the exam (Correct answer)
- Prescriptions may be withheld until the patient purchases eyewear from the prescriber
- Prescribers must email prescriptions within 5 days of the exam
Correct 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.
Question 7: A licensed optician in a state that allows supervision of apprentices can supervise an apprentice dispensing glasses only if:
- The apprentice has passed the ABO written exam
- The supervising optician is physically present or immediately available as required by state law (Correct answer)
- The apprentice holds a temporary federal certification
- The apprentice has completed at least 2 years of on-the-job training
Correct 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.
NOCE Laws and Professional Standards 4
Which of the following best describes 'therapeutic privilege' as it might apply in an optical context?