Federal Agencies Opt Practice 2

Executive Depts. impt to optometry

Department of Labor, Department of Justice, Federal Trade Commission (FTC), Department of Health and Human Services (DHHS)

Department of Labor

Responsible for the welfare of workers

Occupational Safety & Health Act of 1970 (OSHA)

Regulates health and safety in the workplace

OSHA Limitations

Small businesses (<10)
Certain low risk industries
Self employed workers

Equal Pay Act of 1963

Amendment to the Federal Labor Standards Act

Passed to address gender-based wage disparities

Why do we care about Equal Pay of 1963?

Employers may not terminate an employee for fulfilling a societal obligation

Wages between employees can differ

Lilly Ledbetter Fair Pay Act 2009

First act signed by Obama

180 day statute of limitation for filing an equal-pay lawsuit RESETS with each new paycheck

Department of Justice

Responsible for criminal and civil litigation of laws

DEA, ADA, Title VII, Civil Rights Acts

Drug Enforcement Agency (DEA)

rx authority, OD have to register to administer/prescribe any drug regulated by the controlled substances act

Civil Rights Act of 1964

Outlawed major forms of discrimination against racial ethnic, national and religious minorities and women

Ended unequal application of voter registration and racial segregation

Civil Rights Act of 1964

Title VII specifically addresses employers about discrimination (for hiring)

Title VII

Part of the Civil Rights Act of 1964, established by the Equal Employment Opportunity Commission (EEOC)

Title VII Expansions

1970 sexual harassment, pregnancy, and age discrimination

2012 sexual orientation, gender identity discrimination (upheld by courts in 2020)

Americans with Disabilities Act (1990)

Anti-discrimination for qualified persons with disabilities, encompasses employer/employee issues and environmental issues

Federal Trade Commissions and Optometry

1. Standards in advertising regarding services and materials

2. Regulation of interstate driving standards (vision screening for driving)

3. Enforce/oversee laws directly relevant to optometry

Eyeglasses (1978) FTC's Ophthalmic Practice Rules

RX release and min information of spec rx (sph, cyl, axis, signature)

Eyeglasses II (1989)

Removed minimal information required on Rx

now must include "whatever is important to patient welfare"

Prohibits disclaimers on rx

Eyeglass Rule 2024

Mirrors CL requirements (2020)
Requires Dr keep confirmation pt has been given rx

must get consent to send rx electronically and retain it

Fairness of CL consumers Act (2004)

rx at end of fitting, expiration of 1 year or more regardless of state laws

Fairness of CL consumers Act (2004) for ODs and buisness

can't make pt. pay fees for rx, can't make pt sign waiver or release to remove liability for rx

CL vendors get 8hrs for verification

CL rule 2020

CL venders get 40hrs now

similar to 2024 eyeglasses act

sign yearly for paper rx and once for digital

FDA

Regulates drugs, biological products, and medical devices

Patient Self-Determination Act (1990)

All facilities that accept federal funding or participate in federal program require documentation of advance directives at time of admission

Emergency Medical Tx and Active labor act

Requires giving service regardless of pt ability to pay. applies to medicare participating hospitals that offer emergency services, de facto national health caare policy for uninsured