CriteriaforCert_FULL.pdf | Page 45

JCAHPO Standards , Procedures , and Sanctions
I . Basic Principles
The Joint Commission on Allied Health Personnel in Ophthalmology ( JCAHPO ) is an organization of ophthalmological societies and associations . JCAHPO has established criteria for training , examination , certification , recertification and utilization at various levels of expertise for Allied Ophthalmic Personnel .
Certification by JCAHPO means that the individual has fulfilled the educational requirements pertaining to specifically delegated technical ophthalmic services under the direction of an employing ophthalmologist , either in his or her private office , a medical clinic , a hospital , or other medical facility . JCAHPO certification does not warrant the competence or job performance of certificants .
Certification by JCAHPO is a non-exclusive and non-transferable right to use the applicable JCAHPO certification designation ( s ) for the certification period , so long as the certificant remains in compliance with all JCAHPO rules and requirements . JCAHPO reserves the right to revise its rules and requirements at any time .
References herein to “ individual ( s )” include applicants for certification and recertification and current JCAHPO certificants .
II . Eligibility for Certification and Recertification
A . No individual may apply for certification or recertification , or maintain certification , unless they comply with all JCAHPO rules and standards . Certification or recertification may be denied , revoked or otherwise affected for non-compliance with JCAHPO rules and standards .
B . The individual must truthfully complete and sign an application in the form provided by JCAHPO and shall provide additional information as requested . The individual must notify JCAHPO within thirty ( 30 ) days of occurrence of any change in name , address , telephone number , and any facts bearing on eligibility , certification , or recertification ( including but not limited to : ( i ) disciplinary action by a professional licensing board or professional organization ; ( ii ) indictment , arrest , conviction , or plea of guilty to any felony or misdemeanor ; and ( iii ) any mental or physical condition which impairs the individual ’ s ability to render objective and competent professional performance ). Applicants must refrain from and / or correct any statement concerning their certification status which is or becomes untrue or misleading .
Upon receipt of notice of any information referenced in paragraph II B above , or any other information bearing upon the individual ’ s certification status , JCAHPO may : ( i ) Request additional information from the individual , including , but not limited to , court records , evidence of rehabilitation , and related medical documentation ; and / or ( ii ) Refer the matter to the Disciplinary Review Committee pursuant to Section VI of these rules .
C . In applying for certification and recertification , and in maintaining current certification , all individuals agree that :
1 . The individual will not use in any way the examinations , certificates , cards , logos , and emblems of JCAHPO , the name “ Joint Commission on Allied Health Personnel in Ophthalmology , Inc .”, the term “ JCAHPO ”, and abbreviations relating thereto , and JCAHPO ’ s certification designations without the express prior written consent of JCAHPO .
2 . The individual shall immediately relinquish , refrain from using , and correct , at the individual ’ s expense , any outdated or other inaccurate use of any JCAHPO certificate , card , logo , emblem , name , and related abbreviations in case of suspension , limitation , or revocation by JCAHPO or as otherwise requested by JCAHPO .
D . Unauthorized Use of JCAHPO ’ s Designations and Property
JCAHPO will enforce all rights and legal remedies against any individual found to have misrepresented that they are certified by JCAHPO when they are not , or found to have engaged in unauthorized use or misappropriation of JCAHPO property ( as described in Section II . C above ). JCAHPO may suspend eligibility for certification in such instances and may require the payment of damages and expenses , including attorney ’ s fees , and a showing of rehabilitation before certification eligibility is permitted .
III . JCAHPO Examinations
All examinations are delivered in English .
Where questions concerning a test score are raised , individuals are required to cooperate in any JCAHPO review or investigation . JCAHPO reserves the right to disregard or nullify any examination score if , in the sole opinion of JCAHPO , there is adequate reason to question the validity of the score . JCAHPO in its discretion may : ( i ) offer the individual an opportunity to take the examination again at no additional fee , ( ii ) offer the individual an opportunity to take the examination again in the ordinary course , including payment of all fees ; or ( iii ) proceed as described in Section VI , below . No detail concerning the candidate ’ s performance on specific examination items or the candidate ’ s examination score will be provided . All examination information and materials are confidential and will not be released to the candidate .
IV . Review of Application and Certification
A . Grounds for Action . The following are grounds for JCAHPO to deny , revoke , or otherwise act upon certification or recertification eligibility :
1 . Obtaining or attempting to obtain certification or recertification for oneself or another by fraud or deception of material fact in an application or any other communication to JCAHPO , including but not limited to : ( a ) misstatement of a material fact , and ( b ) failure to make statement of a material fact , or ( c ) failure to provide information requested by JCAHPO .
2 . Providing or attempting to provide ophthalmic services except as specifically delegated by an ophthalmologist .
3 . Misrepresentation of JCAHPO certification or certification status , including but not limited to falsification of documents , use of credential while on noncertified status , and use of credentials without attainment .
4 . Irregularity in connection with any JCAHPO examination , including but not limited to copying answers or permitting another to copy answers for any examination .
5 . Unauthorized distribution of , possession of , use of or access to pertinent materials or information regarding questions or answers relating to any JCAHPO examination or other confidential JCAHPO documents .
6 . Gross or repeated negligence or malpractice in providing ophthalmic care .
7 . Personal use of alcohol or any drug or substance to a degree which impairs professional performance providing ophthalmic care .
8 . Any physical or mental condition which impairs competent professional ophthalmic care performance .
9 . Physical or sexual abuse of a patient .
10 . The conviction of , plea of guilty , or plea of nolo contendere to a crime which is directly related to public health , safety , or professional performance providing ophthalmic care .
11 . Failure to cooperate reasonably with any JCAHPO investigation of a disciplinary matter .
12 . Unauthorized disclosure of confidential information .
B . Sanctions may be applied for violations of any of the above grounds for discipline as set forth in Section VI , below .
V . Disciplinary Review Committee
The Disciplinary Review Committee is composed of three members , all of whom are members of the Certification Committee . A committee member may not serve on any matter in which his or her impartiality or the presence of actual or apparent conflict of interest might reasonably be questioned . It is the responsibility of the committee member to identify any potential conflict and to disclose all appropriate facts to the Chair of the Certification Committee , who shall have final authority to determine whether the Disciplinary Review Committee member shall be replaced for that hearing .
VI . Review Procedures
A . Submission of Allegations
1 . Allegations of a violation of JCAHPO disciplinary rules are to be referred to JCAHPO for disposition . A person concerned with possible violation of JCAHPO rules ( the “ complainant ”) must identify the person ( s ) alleged to be involved and the facts concerning the alleged conduct in as much detail and specificity as possible , with available documentation , in a written statement addressed to JCAHPO ’ s Executive Director . The statement should identify by name , address , and telephone number the person making the information known to JCAHPO and others who may have knowledge of the facts and circumstances concerning the alleged conduct . The complainant may be required to supplement the information provided , or to provide a written complaint , notarized affidavit , release , or other documentation .
2 . If a complainant is not available but the Executive Director has reason to believe there may have been a violation of a JCAHPO rule , the Executive Director may still refer the matter to the Disciplinary Review Committee .
3 . The Executive Director shall make an initial determination of the allegations of violation . The Executive Director shall determine whether ( a ) the allegations fail to state a violation of JCAHPO ’ s rules , or ( b ) good cause may exist to deny eligibility or question compliance with JCAHPO ’ s rules . If the Executive Director determines that the allegations fail to state a violation of JCAHPO rules , no further action shall be taken and the Board and complainant ( if any ) shall be notified of this decision . Appeals of such decisions by complainants may be made in the manner described in Section VII B and C except that no fees shall be paid and no written decision shall be necessary . The Executive Director may not appeal a decision in a matter where there was no complainant .
4 . If the Executive Director determines that a legitimate question of compliance with JCAHPO rules has been presented , the Executive Director shall transmit the allegations to the Disciplinary Review Committee .
B . Procedures of the Disciplinary Review Committee
1 . The Disciplinary Review Committee shall review the allegations . If the Committee determines after such review that the complaint does not justify further inquiry into possible violation of JCAHPO disciplinary rules , no further action shall be taken . The Board and the complainant ( if any ) shall be so informed . Appeals of such decisions may be made in the manner described in Section VII B and C except that no fees shall be paid and no written decision shall be necessary . The Executive Director may not appeal a decision in a matter with no complainant .
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