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Are you a California optician…then you should be a member of CADO.
-We have three levels of membership:
– INDIVIDUAL Member: $75.00 per year. An individual, or individual employed in the optical industry.
– RDO Firm Active Member: $400.00 per year, per location. Represented by one owner or principal.
– ASSOCIATE Member: $1,000.00 per year. Any provider of goods and/or services to the optical industry.
– We are the only organization that supports the interests of California opticians
– The stronger our membership numbers the stronger our voice can continue to be
– Continuing Education classes are held twice a year that qualify for ABO Spectacle or Contact lens credits (Discounted Rates for Members)
HIPAA Preserving privacy of health information under HIPAA regulations The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) authorized the Department of Health and Human Services to adopt regulations to require certain health providers to limit the use and disclosure of protected health information. The regulations became effective on April 14, 2003.
The regulations are lengthy, intricate and complex. They impose very specific and detailed requirements on “covered entities,” including the furnishing of written notices of privacy practices to patients and obtaining agreements with patients restricting disclosure of protected health information.
First of all, in section 1173 (a) of the Act Congress provided that the regulations to be adopted shall govern the “electronic exchange” of “financial and administrative transaction,” a term defined to mean health claims, enrollment and dis-enrollment in a health plan, eligibility for a health plan, health care payment and remittance advice, health plan premium payments, health claim status and referral certification and authorization.
The regulations are set forth in Title 45 of the Code of Federal Regulations. 45 CFR Sec. 164.104 provides that the regulations apply to “covered entities” which
are defined as: “ . . . health plans, health care clearinghouses, and health care providers who transmit health information in electronic form in connection with any transaction referred to in section 1173 (a) (1) of the Act (i.e., a financial or administrative transaction.”
The type of financial transaction covered by the regulations does not appear to include, for example, a transmission of an eyeglass prescription from one provider to another or an order transmitted by an eye care provider to an optical laboratory.
45CFR sec. 162.103 defines “electronic media” as follows:
“Electronic media means the mode of electronic transmission. It includes the Internet (wide-open), Extranet (using Internet technology to link a business with information only accessible to collaborating parties), leased lines, dial-up lines, private networks, and those transmissions that are physically moved from one location to another using magnetic tape, disk, or compact disk media.”
In view of this definition, the transmission of information by fax or telephone does not qualify as an electronic exchange. If there is no electronic exchange or transmission, the healthcare provider does not qualify as a “covered entity” and is not subject to the provisions of the Act.
However, if a health provider qualifies as a “covered entity” (i.e., it in some cases transmits health information in financial transactions in electronic form), that entity apparently may not use or disclose protected health information in any form or medium – electronic or otherwise – without complying with the privacy requirements of the regulations.
It appears that opticians will not be required to do much more than we do now. You must keep you records in a secure place, where the public cannot access them. If
you have computers at the dispensing table, you must clear the screen when you leave the computer and ha a password to get back into the system. You must never
leave records on a dispensing table where other patients may see them. Information that must be secure is the social security number, telephone number address and health information. You are not required to get your lab to sign a business associate prescription transferred to another dispensary. The above information was gathered by several sources and does not constitute
legal advice. We hope that the information in this packet will help you determine your place within the HIPAA requirements.
The Eyes Have It — Get Your Prescription
Millions of Americans wear glasses or contact lenses. And they have many choices in how, where, and from whom to buy their prescription eyewear: providers such as optometrists, ophthalmologists, and dispensing opticians, and sellers such as specialty shops, large wholesale stores, mail-order and online retailers.
When you’re considering whether to buy your eyewear from an eye care provider or another seller, chances are you’ll consider cost and convenience. The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Contact Lens and Eyeglass Rules, which increase the “portability” of your contact lens and eyeglass prescriptions. When you’re buying contact lenses or prescription eyeglasses, the FTC recommends that you:
Get your prescription. Your eye care provider must give you a copy of your contact lens and eyeglass prescriptions — whether or not you ask for them. You should get your eyeglass prescription at the end of your eye exam, and your contact lens prescription when your fitting is complete. Fitting contacts may involve more than one appointment.
Keep your prescription. File it with your other medical records. Keeping your prescriptions current and in a convenient place can reduce delays in getting your eyewear.
Send your prescription for contacts. You may choose to buy contacts from a seller who’s not your eye care provider. If you do, you may want to fax or send the copy of your prescription directly to the seller to expedite the process. In any case, the seller must verify your prescription with your eye care provider before filling your order. But you can start the process by giving the seller certain information about your prescription — for example, the type of lenses, their manufacturer, power, base curve, and diameter.
Keep in mind that all contact lenses, even those that are cosmetic — lenses meant to change the appearance of your eye rather than correct your vision — require a prescription.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Business & Professions Code 2556
2556. It is unlawful to do any of the following: to advertise the furnishing of, or to furnish, the services of a refractionist, an optometrist, or a physician and surgeon; to directly or indirectly
employ or maintain on or near the premises used for optical dispensing, a refractionist, an optometrist, a physician and surgeon, or a practitioner of any other profession for the purpose of any examination or treatment of the eyes; or to duplicate or change
lenses without a prescription or order from a person duly licensed to issue the same.
2556.5. Any person who holds himself out as a “dispensing optician” or “registered dispensing optician” or who uses any other term or letters indicating or implying that he is registered and holds a
certificate under the terms of this law without having at the time of so doing a valid, unrevoked certificate, as provided in this chapter, is guilty of a misdemeanor.
Business & Professions Code 655
655. (a) No person licensed under Chapter 7 (commencing with Section 3000) of this division may have any membership, proprietary Interest, co ownership, landlord-tenant relationship, or any
Profit-sharing arrangement in any form, directly or indirectly, withany person licensed under Chapter 5.5 (commencing with Section 2550)of this division.
(b) No person licensed under Chapter 5.5 (commencing with Section 2550) of this division may have any membership, proprietary interest,co ownership, landlord-tenant relationship, or any profit sharing arrangement in any form directly or indirectly with any person
licensed under Chapter 7 (commencing with Section 3000) of this division.
(c) No person licensed under Chapter 7 (commencing with Section 3000) of this division may have any membership, proprietary interest, co ownership, landlord-tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly, either by stock ownership, interlocking directors, trusteeship, mortgage, trust deed, or otherwise with any person who is engaged in the manufacture, sale, or distribution to physicians and surgeons, optometrists, or dispensing opticians of lenses, frames, optical supplies, optometric appliances or devices or kindred products.
Any violation of this section constitutes a misdemeanor as to such person licensed under Chapter 7 (commencing with Section 3000) of this division and as to any and all persons, whether or not so licensed under this division, who participate with such licensed
person in a violation of any provision of this section.
The California Association of Dispensing Opticians was formed in 1939.
The owners of optical businesses in California banded together to form the California Association of Dispensing Opticians.
- To promote legislation that would continue the existence of free-choice opticianry through licensing legislation.
The founders of CADO raised many thousands of dollars and hired the very best available legal and lobbying talent. Legislation was prepared, sponsors were found, compromises with the professions were affected, a lobbying program was mounted, and the foundation was laid for the revival and continuation of opticianry in California.
Ever since, the activities of CADO have kept these priorities, using paid professional staff and volunteer services of ophthalmic dispensing owner, executives, and their staff:
- Watching for and defending against legislative attacks against the ophthalmic dispensing business.
- Cooperating with the legislative programs of the medical profession.
- Advancing the quality of ophthalmic dispensing services to the public through legislation and education.
- Maintaining alert and intelligent liaisons with legislators state health-related agencies, national ophthalmic trade and professional associations, and educational facilities.
- Maintaining a voluntary alert by our members against violation of state opticianry laws, and activating our own reporting service to state enforcement officers.
- Where state enforcement efforts seem insufficient (or even nonexistent) in cases we perceive to be significant, mounting proceedings against violators of state optical dispensing laws.
- To all Registered Dispensing Opticians in California, communicating regularly with a newsletter that- among other subjects-strongly emphasizes the importance of complying with state laws and regulations that govern optical dispensing.
- Championing the interest of opticians with state and federal agencies.
- Appearing in local, state and national courts and hearings:
- to oppose serious attempts to end the enforcement of dispensing laws;
- to authorize opticians to fit contact lenses;
- to prohibit in-plant dispensing to corrective industrial eye wear by unlicensed personnel.
- over the years, for forwarding many other matters vital to the existence and prosperity of opticianry.