Hi All:
This presents the optometrists point of view about a bill being introduced in Tennessee. Comments?
Senate Bill 855 (Jackson)
House Bill 1116 (Shepard)
This bill is modeled after a law passed in Texas in 1999, which is referred to as the, "Optometrists' Bill of Rights."
Historically, retail stores such as Sears and Wal-Mart and optical stores such as Lenscrafters and Cole Vision have leased space to optometrists, with the intent of selling eyeglasses, frames, and other optical goods to the optometrists' patients. These leases often contain provisions which compromise the professionalism of optometrists who work in these settings.
T.C.A. §63-8-l 13(c)(6) makes it illegal for an optometrist to "practice or offer to practice optometry in, or in conjunction with, any retail store or other commercial establishment where merchandise is displayed or offered for sale." Although this provision has been in the Law since 1967, it was not enforced until the mid-1990's, when the Board of Optometry took disciplinary action against a Davidson County optometrist who was practicing in a Lenscrafters store in Rivergate Mall. The Board's action led to a series of court cases interpreting of the Optometry Law.
In December 2000, the Tennessee Supreme Court held that the prohibition in T.C.A. §63-8-l 13(c)(6) applies to all types of retail stores, including those stores like Lenscrafters that sell only optical goods. Lenscrafters, Inc. v. Sundquist, 33 S.W. 2d 772 (Tenn. 2000). In January 2003 the U.S. District Court in Nashville upheld the constitutionality of T.C.A. §63-8-l 13(c)(6) and observed that the words "in conjunction with" in the statute have a broader meaning than the word "in". Lenscrafters. Inc. v. Wadley, No.3:98-0150 (M.D. Tenn.).
Senate Bill 855/House Bill 1116 helps to clarify the meaning of "in conjunction with” by
setting forth in section 2 a list of provisions and practices which may not exist in the relationship between an optometrist and a manufacturer, wholesaler, or retailer of ophthalmic materials because they represent an attempt to control the professional judgment or manner of practice of the optometrist. This bill is also needed to protect the privacy of patient records and information, as required by the federal HIPAA.
If this bill is passed, an optometrist will still be allowed to lease space from a manufacturer, wholesaler, or retailer of ophthalmic materials, so long as the space is physically separate from the place of business of the manufacturer, wholesaler, or retailer of ophthalmic materials and so long as the lease or other agreement does not contain any provision which violates section 2 of the bill.
Section 2( e )-(g) contains provisions which allow the Board, the Attorney General, or individual optometrists to go to court to seek enforcement of the bill.
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