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Thread: LO & MD/OD Leasing vs partnership

  1. #1
    Moderator - Joann Raytar Jo's Avatar
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    LO & MD/OD Leasing vs partnership

    Chip brought up an interesting topic in Bribes to Opticians. Why is it allright for Doctors to hire Opticians and have an in-house dispensary and Opticians to lease space to Doctors but it is not allright for Doctors and Opticians to form a business partnership? Doctors seem favoured in these business relationships but when it comes down to ethics, what's the difference?

    Anyone know how this structure started and why it has become what it has?

  2. #2
    OptiWizard
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    Jo, an OD once said doctors shouldn't be hired by a retailer because it can lead to "retail control of prescribing." But it's really just a double standard because a dispensing prescriber is also a retailer.


    Once again, this goes back to the tired old...

    Turf Wars: "Revenge of the Docs"

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    Pomposity! Spexvet's Avatar
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    Quote Originally Posted by Jo
    Chip brought up an interesting topic in Bribes to Opticians. Why is it allright for Doctors to hire Opticians and have an in-house dispensary and Opticians to lease space to Doctors but it is not allright for Doctors and Opticians to form a business partnership? Doctors seem favoured in these business relationships but when it comes down to ethics, what's the difference?

    Anyone know how this structure started and why it has become what it has?
    Better yet, why can't a licensed optician hire a doctor as an employee?
    ...Just ask me...

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    Master OptiBoarder OptiBoard Bronze Supporter LENNY's Avatar
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    In NY you can hire OD.
    But you have to be MD to hire MD!

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    Enjoying the education drk's Avatar
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    It's antiquated, but it's roots were in a queer, arcane concept known then as "professionalism".

    You see, Once Upon A Time, before any of us were born, doctors acted in their patients best interests, and financial gain was of secondary importance. Doctors felt they had a higher calling, then, (true, many people felt higher callings all over the place) and government, acting to protect the public from unethical practices (imagine that!) codified what a responsible physician would have done of his own accord: that is, never make an arrangement that would compromise the integrity of the Dr./patient relationship and put money before people.

    As I look back on such ignorant, naiive, times, I scoff at the unsophisticated rubes who would pass up the chance to live the good life...make money while you can, baby! Let's go to Vegas! As my avatar is fond of saying: "What a bunch of maroons."

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    Old Optician to New OD Aarlan's Avatar
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    Quote Originally Posted by LENNY
    In NY you can hire OD.
    But you have to be MD to hire MD!
    In CT you cannot hire either OD or MD, unless you are an MD or OD. I find it odd that a Licensed Optician cannot hire an OD for fear of 'interfering' with their patient care (such as forcing them to prescribe lens materials, designs and coatings that may not necessarily be in their best interest), however I know of a number of private ODs with their own dispensaries that force their hired OD help to do just that!

    If an OD wants to enter into an agreement in which he/she is an employee of an LO, why is that a problem?

    AA

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    It is true that an optician cannot hire an md or od... however you can have an optical retail and contract a doctor to work for him/herself within your establishment...

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    Pomposity! Spexvet's Avatar
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    Quote Originally Posted by drk
    ..government, acting to protect the public from unethical practices (imagine that!) codified what a responsible physician would have done of his own accord: that is, never make an arrangement that would compromise the integrity of the Dr./patient relationship and put money before people...
    Does this mean that we opticians have not been "codified" because we have natural-born integrity?
    ...Just ask me...

  9. #9
    Enjoying the education drk's Avatar
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    It's because "real Dr.s" (the M.D.s) were the pioneers, and the legislatures have, ad hoc over time, added various and sundry professions to the list that they more tightly regulate, probably in some direct proportion to the amount of harm that professional may inflict.

    Opticians are not as dangerous, as a group, present company excepted.

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    Old Optician to New OD Aarlan's Avatar
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    Quote Originally Posted by slaboff
    It is true that an optician cannot hire an md or od... however you can have an optical retail and contract a doctor to work for him/herself within your establishment...
    If you mean 'contract' as in a lease agreement with thr OD as an ind contractor, yes. You may not, however, dictate many important issues, such as setting examination fees, which insurances to be providers for, and others that are intrical to an optical establishment's success. If an OD feels it is in his/her best interest to listen to you they can, but if they don't want to, you cannot make them (according to the latest declaratory ruling by the Board of Examiners for Optometry in 2000).

    AA

  11. #11
    Old Optician to New OD Aarlan's Avatar
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    In CT

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    Yes if he/she is their own boss they set their own exam fee and make their own decisions... wouldn't want it any other way.




    Quote Originally Posted by Aarlan
    If you mean 'contract' as in a lease agreement with thr OD as an ind contractor, yes. You may not, however, dictate many important issues, such as setting examination fees, which insurances to be providers for, and others that are intrical to an optical establishment's success. If an OD feels it is in his/her best interest to listen to you they can, but if they don't want to, you cannot make them (according to the latest declaratory ruling by the Board of Examiners for Optometry in 2000).

    AA

  13. #13
    Moderator - Joann Raytar Jo's Avatar
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    Quote Originally Posted by Aarlan
    If you mean 'contract' as in a lease agreement with thr OD as an ind contractor, yes. You may not, however, dictate many important issues, such as setting examination fees, which insurances to be providers for, and others that are intrical to an optical establishment's success. If an OD feels it is in his/her best interest to listen to you they can, but if they don't want to, you cannot make them (according to the latest declaratory ruling by the Board of Examiners for Optometry in 2000).

    AA
    That's right Aarlan. I believe the Dr. also owns the files (patient base) and if the Dr. leaves the office the files can go with them.

  14. #14
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    The laws are certainly stupid....but until Opticains put their money where their mouth is and start lobbying politicians nothing will ever change.....if anybody out there is really interested in doing something about this problem and others like it please respond to this thread and lets get organized!!!!!!!
    Quote Originally Posted by Jo
    Chip brought up an interesting topic in Bribes to Opticians. Why is it allright for Doctors to hire Opticians and have an in-house dispensary and Opticians to lease space to Doctors but it is not allright for Doctors and Opticians to form a business partnership? Doctors seem favoured in these business relationships but when it comes down to ethics, what's the difference?

    Anyone know how this structure started and why it has become what it has?

  15. #15
    Old Optician to New OD Aarlan's Avatar
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    Quote Originally Posted by slaboff
    Yes if he/she is their own boss they set their own exam fee and make their own decisions... wouldn't want it any other way.

    The only problem with this scenario is the perceived lack of guaranteed income on the part of the OD. When they work at the mall for another OD, they are guaranteed a set hourly compensation. benefits (in some cases), and in some cases a commision per patient. They know what they are getting, even if they know they are going to be worked like a rented mule (nights, weekends, holidays, etc)

    Many ODs don't want to go into a rental agreement without Guaranteed daily, weekly, and monthly minimums. Therein lies the Catch-22...you can't always establish a patient base without the Doc, but you can't get the Doc without an established patient base.

    If an OD wants to go out on a limb and work for him/herself, normally they are ambitious enough to want to start their own practice. Those who aren't that ambitious are content to slave away in the relative safety and monotony of the corporate chains, which leaves the private opticianry practices looking for ODs with a more difficult time trying to fulfill their needs.

    In our area, we have an opportunity for an OD to make $130K + yearly (established lane, pt base, etc), but we are having a heck of a time in our search. Heck, I'm taking a few prereqs in order to apply to Suny or NewEnCO...If you can't beat 'em...

    AA

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    Quote Originally Posted by LENNY
    In NY you can hire OD.
    But you have to be MD to hire MD!
    Additionally, in NY, MDs and ODs cannot form partnerships, and MDs can hire anyone.

    Also in NY, I was aware of an MD who seemed to work for a "large department store" optical. They must have had an independant contractor arrangement.

    All of these arcane laws were passed years ago when only MDs had a voice in the legislature, ostensibly to "protect the public" from the the unethical and uneducated ODs and opticians...(and other health related professions such as dentistry, podiatry, etc.)

    Recent attempts to modify this have met with resistance from the medical comunity. When will the world learn that all professions have good and bad?

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