No Licensed Optician on Duty

[Vicki]

I am just curious to see if anyone out there has to deal with your local competitors not having Licensed Optician's on Duty in a state that requires a License. I'm not even talking about them being gone for lunch or vacation but some of my competitors don't even have any Licensed Optician's on Duty at any time. I take my profession seriously and truly love what I do but it is very frustrating when you have some of the "Big Guys" who think they can break the rules. Does anyone have similiar experiences with this situation and if so how or what did you do about it?

[EyeManFla]

Is it a problem: yup.
Do we complain: Yup.
Does the DPR do
anything about it: NOPE.

[hcjilson]

I think its a problem in all licensed states.The problem is that there are only so many investigators in consumer protection offices and the violations are usually temporary in nature.Chronic violaters are easier to catch in violation.In Mass we have one chain (headquartered in NY) who has a license going from store to store almost randomly.Our investigator observed him in 2 locations 30 miles apart on the same morning!
with no other licensed personel on the premises.In our state, only individuals are licensed, not the firms.Our only recourse is to the license involved, however in this case the corporate officer in charge has been invited to a board meeting with his local attorney.Stay tuned!
From Cape Cod


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Harry J

[EyeManFla]

Problem in Fla. is,if you get caught and you pay your fine, chances are you can go back to business as usual because the DPR doesn't want to be bothered.

[hcjilson]

Dear Eyeman,

I'm surprised DPR even prosecutes.I have been told that it would be very low on the list of priorities in the AG's office, and take years to get a hearing.2 Questions.Are shops licensed in FL as well as individuals, and who prosecutes the cases...The state AG or local
DA's.By the way, my brother Kurt is in Venice
And an Optician as well, but currently in the boat business.You two should hook up if for nothing else but to talk shop!
Later


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Harry J

[EyeManFla]

Hey, Harry. Tell your brother to stay in the boat business. Around here he'll make more money....lol. By all means, tell him to stop by.

If your establishment is not owned by an MD,OD or LDO, you must have a optical establishment license.

Who go after them ? Depends on how serious the infraction. I have worked with the DPR,DOH and the State AG on a number of cases. But all of them are great at throwing out the fines, but nobody wants to be bothered with enforcement after the fact."We did all we can do" is their battle cry.

Everybody cried about de-regulation, but I worked in three non-licensed states and didn't have anywhere near the problems that I do in Florida. Oh,well....maybe it's just me!


Rich

[hcjilson]

Dear Rich,
Problem is that up here, infractions are punishable with fines however not without without a hearing in court.The courts are so clogged that cases like this don't get the attention they should.We also have a problem because the word "dispense" has never been legally defined.Our board took this up at last months meeting and the following was taken from the minutes (its not often that you get a chance to quote yourself)

"The rules and regulations were taken up. It was decided that it is NOT dispensing for an unlicensed clerk to hand a pair of glasses to someone, as long as:
1. A license is on the premises and
2. No attempt is made to alter, verify, or change the eyeglasses."

That seems to have addressed a loophole in the Massachusetts General Laws.What we have in effect done is to require a license to be present if anything is done with, or to, a pair of spectacles, regardless of the license status of the person doing the work.These rules and regs are undergoing revisions as we speak so what we will finally come up with, time will tell.
I also forgot to mention my sister Karen who lives in Venice and currently is with LensCrafters in Sarasota.
Best wishes from Cape Cod from a still independent (hanging out there on a thread)




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Harry J

[stephanie]

How interesting! I was having this very discussion with someone just today. We have a chronic problem with this where I work. I think if you are going to be in a licensed state the least we can do for our pts is provide a licensed on duty at all open hours. With the exeption of course of one hour for lunch break. This to me seems especially disturbing. Why even have rules if we don't have to live by them? Why have investigators if no one ever investigates? No one but me it seems even cares(or don't know this is not how it is supposed to be.) Of course I know if I bring up the subject I am a trouble maker. "we can handle it" Yes we can handle it, but this is so NOT the point! I am sure most of you will agree.
Have a great day!
Steph

[EyeManFla]

Like I have been saying in other posts, if you are going to stick your neck out and report offenders, at least check it out.
It hard on us because a couple of the shops in violation, their LDOs are friends of ours. Thankfully, there is another shop owner who is an LDO who's attitude is'if your dumb enough to work there, your fair game".
And if you think it's bad for opticians, try reporting and MD or OD.

[Vicki]

What gets me going is when I hear about some of my competitors who can't take a base curve on a pair of glasses or the ones who send their patients out with the common phrase "you'll get used to it" when their customers complain about not being able to see out of their new glasses. Had a gentlemen a few weeks ago who was told that he'd get used to his new RX but after looking at the glasses, they were made 90* off axis!
Why do we pay our renewal fees each year and attend our CE Hours when this goes on? I will still continue to do so and enjoy learning all I can about this ever-changing field but it does make me feel hopeless sometimes about this field.

[chip anderson]

Sometimes it's very easy to be critical of competitors. I found (and was very guilty of this when I was younger) many opticians attempt to make themselves look better by knocking the competition. The fact that they make mistakes, doesn't mean that you can do it right.

For myself, there probably isn't a mistake I haven't made, some more than once. And I don't often have ten fingers that don't have a screwdriver hole in them.

[stephanie]

Well said Chip!!!!!!! I know I have made my share of mistakes, but before I would ever say "you'll get used to it" I check them. Even though they go through a final inspection;an error may have been missed. If the error is my fault I will definately tell the pt it was my fault. I will not ever blame my competitors for an error. I think it is very unprofessional to say "oooohhh look what they did"!!
Steph

[Roy Brumley]

Impersonate an Ophthalmologist = Go to jail!
Impersonate an Optometrist = Go to jail!
Impersonate an Optician = Oh, just call yourself a frame stylist

Until there are laws that stop the impersonation of our profession it will go on forever

Roy

[CCGREEN]

Oh so so true.....could not of been said better. But we really need to be treated with the same respect as the OD and MD

Impersonate an Ophthalmologist = Go to jail!
Impersonate an Optometrist = Go to jail!
Impersonate an Optician = Oh, just call yourself a frame stylist

Until there are laws that stop the impersonation of our profession it will go on forever

Roy

[optical24/7]

New record. 10 year old thread!!

:cheers::cheers::cheers:

[varmint]

Funny in 10 years nothings changed, at least not for the better.

Reporters twist things to look like what they want, but heres the result of a local investigation by a local TV channel.

http://www2.abc15.com/dpp/news/local...yeglass-stores

[kat]

Here in AZ every independent optician practice must have a licensed optician, if it is a Dr owned practice, no experience nessesary for optical, if it is a chain, you need enough licensed opticians to cover youir minimum open hours (usually need 2.5 people). You have to have at least 32 hours of licensed coverage per 40 hours of business. Very hard to police it. We do have a board that you can be brought into if you have broken the rules. I guess (lucky for me I can just guess!!) that at that point you can defend yourself. I do know that if you have an optical Establishment License, you MUST put on your yearly renewal who the Licensed Optician is.
This is a very touchy subject, as those of us that take pride in our education, knowledge, and skill have to defend our right for more money from our bosses (if we have them), explain the benifit to the Doc that doesn't think they need us, and the public that thinks that the internet is a great place to get glasses. :angry:

[Uilleann]

I'm wondering exactly how that "0.5" optician is selected......on, no wait, I got it. There ARE after all far too many "half-opticians" out there in our beloved field aren't there. ;) :hammer::shiner:

[Mactire]

I think it's a common proble. At least we have the same problem in Holland.
I'm currently a 3rd year student, I know the basics and already do quite a lot refractions. But I want a quilified optician in the store to redirect my questions to. Or have them check my measurement if I have any doubts.

Corrently we have only one(!) qualified optician available. The days that he's away some n00b (yes I dare say it) with a two hour training has to check my refractions.
It's just plain insulting!

In my opinion a qualified optician has to be in store when measurements are done at all times. Both for the ones still learning and most of all, we owe it to the patients.
I've seen to much patients seen send away with "you'll have to get used to it' by complete idiots thinking they know everything!