Iris Optical and College of Optometrists in Legal Action

[Golfnorth]

I got this letter in the mail and wanted to share it with you all. Here it goes;

Dr. Mr. Golfnorth;

As the leading eye care provider in Canada, IRIS is committed to providing patients and customers with the highest quality products and professional services. To achieve this, IRIS builds partnerships with doctors and encourages collaboration between opticians, optometrists and ophthalmologists. This collaboration is consistant with the mandate of the Ontario Ministry of Health and Long Term Care (http://www.hprac.org/en/projects/Int...laboration.asp). Our collaborative model incluses more than 500 eye care professionals working together to provide comprehensive eye examinations and integrated eye care for the benefit of patients across Canada.

IRIS The Visual Group is actively seeking the removal of provisions in the current Optometric Regulations that prohibit Ontario optometrists from building a brand and forming business alliances with anyone except other optometrists. IRIS believes the regulations are unfair to both doctors and patients. They also restrict freedom of choice and of association, and are in violation of the Canadian Charter of Rights and Freedoms.

In July 2007, the College initiated disciplinary actions against four optometrists associated with IRIS and court proceeding against IRIS-without having received one patient complaint. It is our belief that optometrists in Ontario should be allowed to practice to the full extent of their licence, in a setting of their choice, so long as the well-being of patients is the first priority. IRIS had responded with a legal challenge of the College regulations based on, among other things, the Canadian Charter of Rights and Freedoms. We have hired Toronto-based law firm Lenczner Slaght Royce Smith Griffin LLP to represent us in these matters. WE intend to defend optometrists' right to freely associate in order to enhance the long-term health of the eye care industry for the benefit of all optometrists and patients in Ontario.

As the legal process unfolds, IRIS remains committed to providing the highest quality products and professional services in the world of eye care, and will continue to expand its network of locations throughout Canada. Should you have any questions about the current legal proceedings please contact Dr. Daryan Angle, Vice President, Professional Relations, Ontario at daryan.angle@iris.ca.

Over the years our profession has faced many challenges to grow; this challenge has the greatest implication for the future of Optometry in Ontario. We ask for the support of all who share our vision.

Sincerely,

Dr. Francis Jean
Optometrist
President and CEO
IRIS The Visual Group

[tmorse]

...
IRIS The Visual Group is actively seeking the removal of provisions in the current Optometric Regulations that prohibit Ontario optometrists from building a brand and forming business alliances with anyone except other optometrists. IRIS believes the regulations are unfair to both doctors and patients. They also restrict freedom of choice and of association, and are in violation of the Canadian Charter of Rights and Freedoms.
...

Dr. Francis Jean
Optometrist
President and CEO
IRIS The Visual Group

The College of Optometrists OF BC faced a similar lawsuit on this very same issue here a few years ago. COSTCO took them to Supreme Court and was successful.

I understand that the Province of Newfoundland requires all Opticians working for OD's to remain registered with that province's opticianry regulatory Boaard, while Ontario's College of Optometry has it the other way... you must GIVE UP your COO registration as an Optician to work in an Ontario OD's dispensary. Is this correct? :hammer:

[congee]

The College of Optometrists OF BC faced a similar lawsuit on this very same issue here a few years ago. COSTCO took them to Supreme Court and was successful.

I understand that the Province of Newfoundland requires all Opticians working for OD's to remain registered with that province's opticianry regulatory Boaard, while Ontario's College of Optometry has it the other way... you must GIVE UP your COO registration as an Optician to work in an Ontario OD's dispensary. Is this correct? :hammer:

Hummm.... thanks for sharing this, Very interesting....

As for Ontario opticians and optometrist, I believe this is why many Optical stores which originally had optometrist on sites had to undergo renovation. An addition/separate entrance to the Optometrist practice.

Therefore, as long as there's TWO separate entrance to one premises, the optician can still be technically working in collaberation with the optometrist, and not surrender their COO

(I could be wrong on this.... if I am, someone please correct me) :P

[Golfnorth]

Hummm.... thanks for sharing this, Very interesting....

As for Ontario opticians and optometrist, I believe this is why many Optical stores which originally had optometrist on sites had to undergo renovation. An addition/separate entrance to the Optometrist practice.

Therefore, as long as there's TWO separate entrance to one premises, the optician can still be technically working in collaberation with the optometrist, and not surrender their COO

(I could be wrong on this.... if I am, someone please correct me) :P

I'm not sure of the rational behind the separate entrances but I know that as an owner of a "side by side" optician/optometrist operation that this is paramount.
I guess Iris is the best choice for someone to fight this for all of us as they would seem to have alot of financial resources behind them.
The College of Optometrists were told to lose the restriction on freedom of association a few years back but they dragged their feet and there was a change in government with different priorities so here we are.
When Iris' representative presented himself to me at my office some months back he told me that Iris and the College of Optometrists had an "understanding" that their restricitons were indefensible in the courts and against the Charter. I guess someome changed their minds.

Regards,
Golfnorth

Regards,
Golfnorth

Regards,
Golfnorth

[Refractingoptician.com]

Kinda makes you believe that the judge in the case of
_ _ _ _ _t ------s had a very valid point when he/she said " (they) might not have been forced to go the route they did if the Colleges had been more forthcoming ..." or words to that effect. In other words , the judge condoned being illegal when all else fails .

And you will notice how all the legal proceedings so far have been so effective ?

[For-Life]

It is a ridiculous law, but I do not know if they can win the lawsuit.

[Refractingoptician.com]

..

[For-Life]

If successful, it would also be the end of mandatory cost plus. It would mix the two systems and allow each practice to pick the best one for them.

[Golfnorth]

If successful, it would also be the end of mandatory cost plus. It would mix the two systems and allow each practice to pick the best one for them.

Perhaps that's why the College of Optometrists are fighting so hard on this one?

Regards,
Golfnorth

[tmorse]

Perhaps that's why the College of Optometrists are fighting so hard on this one?

Regards,
Golfnorth

Here's the 1998 Costco v. College of Optometrits of BC citation...

http://www.courts.gov.bc.ca/jdb-txt/sc/98/04/s98-0434.txt

Makes good reading:cheers:

[For-Life]

Perhaps that's why the College of Optometrists are fighting so hard on this one?

Regards,
Golfnorth

cost plus is lose/lose

[tmorse]

Here's the 1998 Costco v. College of Optometrits of BC citation...

http://www.courts.gov.bc.ca/jdb-txt/sc/98/04/s98-0434.txt

Makes good reading:cheers:

For those who don't like reading legalize... see paragraphs #80-83 where the Supreme Court lambasts Optometry for having these hypocritical bylaws forbidding association with Opticians.:finger:

[Oedema]

Perhaps that's why the College of Optometrists are fighting so hard on this one?

Regards,
Golfnorth

That's my guess too. Afterall, the draft revision of the professional misconduct regulations would allow OD's to employ RO's (but not the other way around).

[tmorse]

The College of Optometrists OF BC faced a similar lawsuit on this very same issue here a few years ago. COSTCO took them to Supreme Court and was successful.

I understand that the Province of Newfoundland requires all Opticians working for OD's to remain registered with that province's opticianry regulatory Boaard, while Ontario's College of Optometry has it the other way... you must GIVE UP your COO registration as an Optician to work in an Ontario OD's dispensary. Is this correct? :hammer:

The Competition Bureau of Canada, which acts in the public interest to restrict artificial barriers to competition amongst professionals such as Optometrists that increase costs to he general public, made some negative findings about Optometry, and came on the side of sight-testing by Opticians.

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02523e.html

The College of Optometry in Ontario now have a fight on their hands... IRIS has very deep pockets, and the courts have precedents from other Canadian jurisdictions that they can consider. The day of Optometry doing whatever they want (in their Regulations) is over. :cheers:

[Excalibur]

The College of Optometry in Ontario now have a fight on their hands... IRIS has very deep pockets, and the courts have precedents from other Canadian jurisdictions that they can consider. The day of Optometry doing whatever they want (in their Regulations) is over. :cheers:

"The day of optometry doing what they want (in their regulations) is over"

I doubt it. At least, for a long time. The wheels of justice turn rrrrreeeeaaaalllll slowwwww..... We'll all have a lot more grey hairs before anything of any significance happens in this legal area. The College of Optometrists has a huge legal war chest too.

I think that the next few years are the best years to be in optometry, particularly in Ontario. OHIP renumeration is better (still not enough, but better than before), a formalized negotiating process has been established with the government, a very strong TPA law has passed and solid regulations will be enacted (the best TPA law in this country, and rivaling most US states), strong referral networks with family physicians have been established, excellent expansion program at the University of Waterloo, etc etc. We have a huge core of young, highly educated and energetic doctors who are serving the profession well.

Things are looking up in the profession after two decades of relative stagnation. As The Beatles song says "It's Getting Better All the Time".

:D

[tmorse]

[quote=Excalibur;218656
I think that the next few years are the best years to be in optometry, particularly in Ontario. OHIP renumeration is better (still not enough, but better than before), a formalized negotiating process has been established with the government, a very strong TPA law has passed and solid regulations will be enacted (the best TPA law in this country, and rivaling most US states), strong referral networks with family physicians have been established, excellent expansion program at the University of Waterloo, etc etc. We have a huge core of young, highly educated and energetic doctors who are serving the profession well.:D[/quote]

So everyone's getting nice and fat... so why doesn't Optometry in Ontario throw a few crumbs to the Opticians? You will get the young and the old mandated to receive their refractions though you. And I am sure there is a sizeable remainder body of patients that will always want to be refracted by a 'real Doctor'.

Surely you are not so greedy that you can't loosen the refraction strings a little, and accommodate a scope of practice for change for Opticians?

[opti-refractonator]

Our problem in ontario has less to do with the optometrists holding us back but rather our regulatory college not having the decency to pursue this matter with the province. Lets be clear, the people in charge of the profession dont give a **** about us getting refraction but more about where they got there hair and nails done. The people are good people and care about opticianry, they just can't be bothered to take up a cause that will require them to do a lot of work. The college keeps increasing the "per diem" yet they dont seem to make any forward progress. The people in power act more like politicians who don't want to give up their positions. It is not a single person but rather a collective ideal of leaving things the way they are. Let me be very honest, with need some men in the college of opticians who know how to get things done. We need men who can reach between their legs and feel where there power lies. Enough with the same old bs.

[LandLord]

Our problem in ontario has less to do with the optometrists holding us back but rather our regulatory college not having the decency to pursue this matter with the province. Lets be clear, the people in charge of the profession dont give a **** about us getting refraction but more about where they got there hair and nails done. The people are good people and care about opticianry, they just can't be bothered to take up a cause that will require them to do a lot of work. The college keeps increasing the "per diem" yet they dont seem to make any forward progress. The people in power act more like politicians who don't want to give up their positions. It is not a single person but rather a collective ideal of leaving things the way they are. Let me be very honest, with need some men in the college of opticians who know how to get things done. We need men who can reach between their legs and feel where there power lies. Enough with the same old bs.

That made me sit up straighter.

[Oedema]

I think it's important to remember that it is not up to the college to move a professions scope of practice forward - that is a job for your association.

[tmorse]

I think it's important to remember that it is not up to the college to move a professions scope of practice forward - that is a job for your association.

It took a combined effort of many...the regulatory College of Opticians of BC (COBC), the Dispensing Opticians Association of BC (DOABC) and the Opticians Association of Canada (OAC) to make the sight-testing initiative in BC a reality.

The ego's have to be parked, and the most able must come together.

[Excalibur]

I think it's important to remember that it is not up to the college to move a professions scope of practice forward - that is a job for your association.

I've heard from several people (and not necessarily from fellow ODs) that the College of Opticians of Ontario is indistinguishable from the Ontario Opticians Association. In other words, the mandates of the two are not, nor should they be the same. It seems, however, that the College has little interest (or perhaps power?) to protect and serve the public.

[Excalibur]

So everyone's getting nice and fat... so why doesn't Optometry in Ontario throw a few crumbs to the Opticians? You will get the young and the old mandated to receive their refractions though you. And I am sure there is a sizeable remainder body of patients that will always want to be refracted by a 'real Doctor'.

Surely you are not so greedy that you can't loosen the refraction strings a little, and accommodate a scope of practice for change for Opticians?

Patients are not crumbs. Patients are not chattel.

[tmorse]

Patients are not crumbs. Patients are not chattel.

What you're trying to convey is that...

PATIENTS REPRESENT DOLLARS$$$$$:D

[Excalibur]

What you're trying to convey is that...

PATIENTS REPRESENT DOLLARS$$$$$:D

As others have noted on this thread... you have nobody to fault but yourself. Do not think that optometry or ophthalmology will lower their standard of care to help you. Elevate your standards and education and let chips fall where they may.

[tmorse]

I've heard from several people (and not necessarily from fellow ODs) that the College of Opticians of Ontario is indistinguishable from the Ontario Opticians Association. In other words, the mandates of the two are not, nor should they be the same. It seems, however, that the College has little interest (or perhaps power?) to protect and serve the public.

I submit that these two (2) organizations are compatible... if they were to adopt this as their Mission Satement.

"The primary aim of the College is the protection of the public. The seconday aim of the College is the advancement of the interests of Opticians by means that do not conflict with the primary aim."

Many provinces have been able to wear these two (2) hats successfully for a great many years. It is only recently that government in some provinces has decided to bifurcate the field of opticianry.