legally correct but....

[ldyflsh]

I've been struggling with this since Feb., maybe someone can give me some insight.
About a year ago, I found out that my employer was allowing a non licensed person to dispense. In NY, that's illegal. So I made it VERY clear that if it EVER happened again, I would walk out the door immediately,and report them to the State Board. I explained it would not only jeopardize their license but mine as well...
Well...I was away on vacation, and guess what....yup...came back and found written proof they had allowed it to continue..not only in the main office, but in the secondary office as well.
I tried to calmly talk to one of my employers, and his answer was "it's really not a big deal".
I explained WHY it was a big deal, quit immediately and walked out. Called the Board and reported them the next day.
So here I am, morally correct and unemployed.
The State is sending each of the involved persons a letter. Warning letter to the Docs and a cease and desist letter to the person who dispensed. I was told if they continue the practice it will be charged as a felony.
(rumor has it, the practice is still at it)
Thanx for letting me vent.
GRRRRRR.

[shellrob]

Are those employees apprenticed? Are they apprenticed under you? If so, yes, you are responsible. I think you did the right thing. If they're willing to to do that, imagine what else they will do. Good for you and good luck in what you do next!!!

[ldyflsh]

No, they are NOT apprenticed...the Docs refused to apprentice the person. They didn't think it was necessary. It was my suggestion months ago to enroll this person in the program.

[allanon]

You have to do what you believe is best. You have clearly done that (at your own expense), and I think that should be applauded. I might would have called the board and kept my job, but you clearly haven't compromised yourself.

[AutumN]

I know many places do use non-lic. people to disp. and I agree, its just wrong. But rest assured, if you're ever in that position again, your lic is not in jeopardy, its the owner only. You have no control over their decisions. If you owned the place,then yes. This came from a officer of the upstate region state society. I know that some reps have been saying the Optician is liable as well, but this is simply not true according to the society. But good for you to stick to your guns.

[Chris Ryser]

So here I am, morally correct and unemployed.

You have stuck to your principles which were the right ones. Do not regret it, get another job and you will be appreciated even more for the person you are.

[Barry Santini]

...that the *license* is...well...nonsense!

The main qualifier in NY is that only a dispenser may take measurements and put eyewear on and adjust them.

Well, IMHO, it seems that *any* lay eyeglass wearer can & often does perform the same skills and procedures.

Shall we *arrest* the public for doing something to their eyewear that comes naturally?

My two cents, what's yours?

Barry

[ldyflsh]

When I called the State Board and spoke with them, they made it very clear that even thought I had no part in the situation, my license WAS in jeopardy. As one of the "professionals" working in the practice, I would be just as guilty as the Docs.
Barry, you are correct, most people do adjust their own glasses. Should they be arrested for it? No. But impersonating a licensed professional is NOT the correct thing to do. Most lay people go into an office thinking they are dealing with a licensed person and therein is the problem.

[Barry Santini]

But impersonating a licensed professional is NOT the correct thing to do. Most lay people go into an office thinking they are dealing with a licensed person and therein is the problem.

That's true...but only in states that license Ophthalmic dispensing...last I checked, about 20 or so...

barry

[HarryChiling]

Good for you next time polish off your resume, take vacation time to interview, and line up the next job.

http://jobsearch.monster.com/Search....SNONREG=1&pg=1

[shellrob]

I know here in this state I'm responsible for any apprentices listed on my license, so anytime the apprentices are working it's my responsibility to be there with them. If I'm not and they are caught dispensing, it's on me. Course now I don't even have to be licensed because the owner is an Od, although I choose to be. I don't know if you are responsible for anyone working that's not licensed, but it's different state to state.

[chip anderson]

Why be a snitch? Why not just resign and get a job with no blackballing on your record? Were you one of those little girls who was always saying"
"I'm telling?" While the shop wasn't behaving as they should it's not in the same league with billing fraud, medicare fraud, etc.
You might even have gotten brownie points on your next application for stating that you left your last place of employment for ethical conciderations without causing a problem. Now any potential employer would worry that any little infraction, might cause you to snitch on him.


Chip

[HarryChiling]

Why be a snitch? Why not just resign and get a job with no blackballing on your record? Were you one of those little girls who was always saying"
"I'm telling?" While the shop wasn't behaving as they should it's not in the same league with billing fraud, medicare fraud, etc.
You might even have gotten brownie points on your next application for stating that you left your last place of employment for ethical conciderations without causing a problem. Now any potential employer would worry that any little infraction, might cause you to snitch on him.

Seriously Chip, that kind of mentality has lead to drug dealers controlling the streets of Baltimore city. It's not called snitching, she is preserveing the integrity of her profession, what the store is doing is wrong and if no one ever reported it, the next arguement is going to be why even have licensing when nobody is following the laws. Don't look the other way, if the store has to resort to criminal behaviours to maintain then what should really be happening is that the store should fold and the others around it that are doing business legit will only get stronger and their will be a GOOD job out their waiting for you. Realistically though, you will mention the infraction nothing will get done and life goes on.

[k12311997]

Why be a snitch?


Chip

Because that office was working to undermine Opticianry in a licensed state?

[Craig]

Why be a snitch? Why not just resign and get a job with no blackballing on your record? Were you one of those little girls who was always saying"
"I'm telling?"
Chip

I find it difficult to comprehend that you actually wrote this absurd comment and can call yourself a professional; for the majority of us we feel the need to speak out against what is clearly wrong. It is too bad your parents did not instill the same values in your approach to life.:finger:

[chip anderson]

Speaking out on what is wrong, if the wrong does damage to the patient or defrauds the public, an insurance company or third party funding I can clearly understand "speaking out." But here, no harm, no foul.

Sorry but this is my opinion. And I do think that whistle blowing can easily harm one's career. There is black listing, ethical or not. And it ain't a nice place to be especially if one must feed one's family. So what if someone smokes in the bathroom?

Obviously I am one that has little fear of consequinces when I speak out, but in this circumstances I would not damage my own, my ex-employer, the unlicensed person or anyone else, beyond prehaps a little bar room talk amoung my collegues.

I also learned early on, never to quit a job before I found another, no matter how intollerable the present one was.


Chip

[HarryChiling]

if the wrong does damage to the patient or defrauds the public

It does defraud the public, misleading someone to believe a professional is dealing with them when in reallity it's the secretary is defrauding the patient. New York has licenseing laws because the state believes that it is need, so for the store owner to believe it's not needed means he's not scared of the consequences. It's not snitching it's protecting his license, I would rather be black listed, than get my license pulled and still end up in the same boat, anyway if blacklisted is a real concern do it anonymously, personally I am a balls to the wall kinda guy I would let the d*ck know that I am calling and reporting it, of course I would have job#2 lined up ahead of time.

[gemstone]

You have some tough laws in NY. I live in a Licenses state but anyone can dispense glasses, long as there is a license optician on the premises. In ODs or Doctors offices es they don't even need that. The OD lobby would never tolerate such nonsense. (It'd cost too much money).

[ldyflsh]

No Chip, I am most certainly NOT one of the "good little girls".... like everyone else I've worked extremely hard for my license and reputation. My patients TRUST me to do the right thing. If you go back and read my original post, I had spoken to the Docs over a year ago about the very same problem. At that time, I told them I would leave immediately and call the State Board. You don't know me from Adam...but my word is my bond...and if you consider it being a snitch..so be it.

[jbthebus36]

HarryChilling, this looks like this has brought some heavy feeling to this, and as a licensed optician in a different state than NY, I would like to say I agree with every word you have replied to this with. We have to fight to keep our profession licensed as it should be when occupations like hair stylists have to as well. If any of you who want to gripe and complain about keeping your license and your occupation honest to that, go practice in an unlicensed state and your paycheck will quickly reflect the difference.

[HarryChiling]

HarryChilling, this looks like this has brought some heavy feeling to this, and as a licensed optician in a different state than NY, I would like to say I agree with every word you have replied to this with. We have to fight to keep our profession licensed as it should be when occupations like hair stylists have to as well. If any of you who want to gripe and complain about keeping your license and your occupation honest to that, go practice in an unlicensed state and your paycheck will quickly reflect the difference.

I have said in the past it's not really a right or wrong thing here, the issue at play is with so few states haveing licensure, and the ones that have it haveing a hard time keeping it. Every instance of a violation against our profession should be reported. It's such an easy law to abide by; the only reason not to, is a purely greedy one that benefits the store owner at the expense of qualified opticians, and disgruntled patients. I work in an unlicensed state and am constantly amazed at the level of crap people wear and call glasses.

[braheem24]

go practice in an unlicensed state and your paycheck will quickly reflect the difference.

But not the quality, I find most licensed states as well as opticians to be very lacking in thier basic skills and knowledge. The law is a joke and so is the tests that qualify someone to call themselves an "optician" it is unfortunatly unfortunate:(

Just my 2 pennies

[shellrob]

Is Florida a Licensed state?

[fvc2020]

yes Florida is a lic'd state. You can't call yourself an optician unless they say so.


christina

[EyeFitWell]

My question,
I am not a licensed individual (though working on it actively) and I work in a Licensed state. What I do is very common practice in my parts and definately not illegal.
Are you sure what they were doing is really illegal? There are many skilled Opticians who work in licensing states w/o their license. What about someone who moves into a new state, are they supposed to quit their job for 6-12 months until they gain licensure in that state?
If so, then your state is much more strict than mine! :-)