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Thread: Status of Opticianry in FL

  1. #1
    OptiBoard Apprentice
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    OK, all you Floridians! Bush is in... (sorta). LOL
    What's the latest on de-regulation?

  2. #2

    Idea

    This is the latest reply that I rec'd on Jan. 3, 2001 from the Office of the Governor.
    My scanner is on the blink, so I had to type the text in, so any misspellings are mine.

    It reads as follows:

    Thank you for the comments regarding deregulation of opticianry in the state of Florida.

    Each year, as provided for by state policy, a legislative budget request is prepared by the
    Department of Health to address financial issues relating to the regulation of health care
    practitioners. As part of my announced streamlining initiative, this year the Department
    took a more deliberative look at opportunities to reduce the cost of the licensure component
    of the Division of Medical Quality Assurance (MQA). The legislature has mandated that there
    should be a clear public protection purpose associated with the regulation of a profession.

    The Fiscal year 2001-2002 Legislative Budget Request for MQA contains several recommendations
    to streamline health care practitioner regulation so that it may function more cost-effectively
    while continuing to offer quality services and protect the public. Florida's health care
    practitioner regulation program is a complaint-driven system, which relies heavily on the
    number of complaints received from the consumers and other sources as a determinant of the
    need for and extent of regulation. With specific regard to opticianry, the Department of
    Health is recommending deregulation of this profession. An evaluation of the small number of
    complaints received against opticians reveals there have been no concerns about quality of
    care expressed in recent years by consumers.

    The legislature will need to determine, based on available objective data, whether there is
    sufficient public protection puprose associated with the regulation of this profession to
    justify the expense of that regulation. However, complaints against opticians that involve
    allegations of unfair or fraudulent business practices may be filed through the Division of
    Consumer Services in the Department of Agriculture, which coordinates with the Office of
    the Attorney General when prosecution is warranted. This avenue would still be available for
    consumers in the event the legislature determines that licensure regulation is not justifiable.

    Thank you for taking the time to express your opinions about this issue.

    Sincerely,

    Jeb Bush

    I don't know, but it sounds as if someones mind is made up.
    Maybe we should go on a complaint campain to up the number of complaints! :)

    Just Me

  3. #3
    Master OptiBoarder OptiBoard Gold Supporter Judy Canty's Avatar
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    Redhot Jumper

    Isn't it also possible that there are few complaints because the profession is regulated? Their logic escapes me on this one. Perhaps we need to canvass the consumer protection agencies in unregulated states for complaints as an argument in support of regulation.

  4. #4
    Optical Curmudgeon EyeManFla's Avatar
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    Congratulations, you got the same BS letter that Jeb's office sends to everybody. However, since I have had a number of dealings with the Gov.'s office over the last year, I can tell you that they are driving towards deregulation. Remember, Republicans love deregulation.
    I have learned to agree to disagree with my fellows in Florida on this issue...ok, well at least I have agreed.
    I have no problem with licensing, but until they fix the system, they might just as well scrap it. What must be understood is that it is all driven by revenue and in the minds of the powers that be in Tallahassee, a deregulated optical industry is good for everyone.

  5. #5
    Master OptiBoarder OptiBoard Gold Supporter Judy Canty's Avatar
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    Blue Jumper

    Isn't that what they said about the airline industry, the phone company and the power companies? Talk about a flat learning curve...!

  6. #6
    sub specie aeternitatis Pete Hanlin's Avatar
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    I, too, received the same form letter (and I heard on the news this morning that Jeb has tapped a new "chief government cutter" to the staff).

    Actually, I think I agree with EyeMan (if I understand him to say that deregulation of Opticianry is probably not such a terrible idea). If the idea to scrap regulation was coming from the ODs, I might have to question the legitimacy of the request. However, this is coming from the Department of Health- and it does makes some sense.

    For example, the regulations currently covering Opticianry pertain pretty much entirely to "fairness in business practices" issues. So, if a consumer gets ripped off by an Optician, s/he can go to the Attorney General for recourse. There aren't alot of stipulations concerning professional ability in the law as it currently is. Sure, "gross negligence" is punishable- but how many cases of "gross negligence" have been reported?

    By the way, deregulation tends to work out well in most instances. The power crises in California notwithstanding, deregulation often allows businesses to better compete for consumer dollars by removing obstacles that are often in place solely to protect certain groups of workers or the existence of governmental agencies.

    Pete "then again, I'm a Republican" Hanlin

  7. #7
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    I'm RIGHT with ya on this one, Guys!!
    De-reg just may be the answer!!!

  8. #8
    Master OptiBoarder OptiBoard Gold Supporter Judy Canty's Avatar
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    Redhot Jumper

    Pete,
    Take a look at the airline industry. We are about to have it controlled by 2 major carriers, American and United. They, in turn, can be held hostage by employee groups and the oil industry. Who loses? The consumer. After all, if you gotta fly, and the pilots or mechanics or flight attendants decide on a work slow-down or fuel prices skyrocket, where do you go?
    The problem with deregulation is that once you give up the ability to regulate an industry or profession, it's difficult, if not impossible, to re-regulate.
    Look very carefully at the genie before you let it out of the bottle.

  9. #9
    Bad address email on file stephanie's Avatar
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    Redhot Jumper

    Ok now this is only my two cents worth and not worth a whole lot more,but then when has anybody known me to keep my mouth shut just because someone might not like what I have to say. Anyway, I do NOT disbelieve in schooling or the education of opticians. With that said I also feel that just because you live in a licensed state doesn't make you better off. Not for you, your employer, or your patients. I know licensed opticians who don't know a thing about optical and went to school. Does a make for a better optician because they are licensed?? I don't think so. I know lots of people who have a drivers license who can't drive. I have spoken to quite a few opticians who live in unlicensed states who make a great deal more money than I do. The licensed opticians here don't make much more than I do without my license. That makes me stop and think gee that is all I have to look forward to for all my hard work and effort. That isn't even really a good pay off. I might end up with what my husband makes working in a factory!! I think all the licensed states really do is take your money. I personally as a pt wouldn't care if an unlicensed optician waited on me as long as he/she were qualified. Deregulation would save us a lot of money on licensure renewals and may even make us some more money. It is all political anyway. Never thought when I got in this business that I was actually really getting into politics!!
    Steph

  10. #10
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    Wow. I am absolutely amazed to see that some of you agree with deregulation. Over time, deregulation an only erode the quality of care and open the profession (if you'd still call it that) to unethical practices. No offense to you knowledgeable, unlicensed opticians. I agree that current requirements for qualifying for and obtaining a license need to be changed. But, eliminating our professional status will not move us in that direction.

    I just don't get it. Almost every day at my job, I help a patient with serious vision problems. I often fix problems that others didn't (or couldn't). Don't you? And what happens x years from now when we all retire? Opticianry schools don't exist, apprentices are left to study on their own, suddenly the training programs offered by the chains are looking good. Sell sell sell.

    No wonder we're losing it. We don't believe in ourselves. I should have gone to optometry school.

    Mystified
    cj

  11. #11
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    cj:
    You are right when you say that most Opticians don't believe in themselves. And if you're young enough and smart enough, you really should investigate Optometry school, although the chains have eaten pretty far into Optometry. The independents are doing well mainly in rural areas.
    When I got into this 40 years ago, it was a given that some day you would eventually either go out on your own, or be paid well enough not to. Eventually I did, but got several raises by threatening to open up across the street. Now, a threat like that would be laughable.
    Except in some very high income ares, where you could open up a boutique or specialty shop, it would be pretty hard to open up on your own these days.
    But if you decide to stick with this, there is a future, it's just not in independent Opticianry anymore. We're still hashing over the same stuff we were hashing over when I arrived in 1961, only by this time, there isn't even any movement. We haven't learned from our mistakes and are now in denial. Since meaningful educational opportunities for Opticians are few and far between, I would suggest that you take some of those Ophthalmic Technician programs that are being offered in quite a few areas, at medical schools, community colleges and some private institutions. Investigate the OAA 100 hour refraction course for starters. Also, there are some good contact lens corses around. Baylor College of Medicine in Houston used to have good one. I guess they still do.
    See, the best jobs now are working for an MD. If you are a Certified Technician AND an Optician AND a Contact Lens Specialist, you're pretty valuable. And we know more than we think we do about basic Ophthalmology, but we do need the college credits if we are going to be mobile. The only other good jobs are in becoming district managers with some of the chains, but it's a high pressure, high drop out environment, sort of like an advertising executive. In that case, you need marketing, advertising, accounting, computer and management courses, with a degree. I don't like the way those guys operate, but the chains don't even pay them half of the blood and sweat they take out of them, and most of them make pretty good money.
    Good luck. Stick with it. But take lots of courses from academic institutions...even if it's English Lit. And GET A DEGREE!!! IN SOMETHING!!
    Old Bob

    ------------------
    There IS life after optical business!!!

  12. #12
    sub specie aeternitatis Pete Hanlin's Avatar
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    I've attached the contents of the latest deregulation update from the POF (it has numbers to call). Additionally, however, I'd like to clarify a few things.

    • About 1.5 years ago, there was a rather lengthy discussion concerning the merits of formal education requirements for Opticianry. Although I was apprenticed and enjoy apprenticing new entrants into our field, I am now convinced that Opticianry does need a formal education standard if it is to progress (as Optometry has done).
    • Deregulation in Florida would- without a doubt- set back the cause of professional Opticianry. Although my salary is unaffected by my licensure status, I have observed that Opticians in Florida do command higher salaries than in the unlicensed state I was previously in (PA).
    • What has not been shown to me is how deregulation of Opticianry would harm the public. Unfortunately, if we are honest with ourselves, I believe we must come to the conclusion that regulation of Opticianry in Florida protects the interests of Opticians more than the interests of patients.
    • I believe in defending regulation- IF we commit to strengthening it after it has been preserved. If our position is that only licensed personnel should handle the dispensing of eyewear, than that should hold true in the Optometry office as well as in the independant Optician's office. The apprenticeship program should be terminated, and all licensed Opticians should be required to attend two years of school.
    • With the advent of on-line and distance-learning education, there is no reason all entrants into the field can't get a formal education.


    Pete
    <FONT COLOR=#FF0000>ATTACHMENT: Deregulation Update!</FONT>
    POF Membership and Key Contact Team Update

    Nancy Stewart, POF Lobbyist

    January 10, 2001

    Now that we have a U. S. President and the world has refocused its attention on other matters, the Florida Legislature will get
    down to the work of our state. Regular interim committee meetings will begin in January and the Governor’s budget will be
    presented no later than January 20. This date is important to us because we then know weather the Governor has included the
    funding for the Board of Opticianry or if he zeroed it as proposed by the Department of Health.

    Every two years there is a new Legislature. In the 27 years that I have been involved in the legislative process, I have not seen so
    many changes all at once. It will be exciting and challenging to meet the demands of so many new people. Much has been said
    about the numbers of new House members (more than half are newly elected), but no one can really anticipate the ramifications.
    The House members have been hard at work with comprehensive training sessions in spite of the demands of the electoral college
    special session. There is only one Senate freshman without previous legislative experience.

    Committee memberships have just been announced. I have listed below the committee members for the area which should have
    the jurisdiction over our subject matter. The POF office can provide further information about these committee members if
    necessary, but I would encourage you to review the following list and make a point of meeting the legislators living in your area.
    When they get to Tallahassee, legislators become overwhelmed very quickly. Contact, now, at home, from you a constituent, will
    make an impression. I have prepared "talking points" to assist you when you meet with your local lawmaker, they are attached
    below. Call and make an appointment today – It’s easier than you think and it will make a big difference.

    Please always remember: YOU are the very best source of information about what opticians do and how you do it. Now
    is the time for educating your legislator about the importance of the role you play in protecting the public’s health and VISION!



    Senate Committee on Health, Aging and Long-Term Care:
    • Senator Burt Saunders (Chair) Naples, Cape Coral 941-417-6220
    • Senator Mandy Dawson (Vice) Ft. Lauderdale 954-467-4317
    • Senator Ginny Brown-Waite Brooksville 352-544-2344
    • Senator Skip Campbell Tamarac 954-346-2813
    • Senator Charlie Clary Destin 850-833-9159
    • Senator Anna Cowin Leesburg 352-315-9335
    • Senator Ron Klein Delray Beach 561-274-4777
    • Senator Durrell Peaden Crestview 850-689-0556
    • Senator Ken Pruitt Port St. Lucie 561-335-8000
    • Senator Ron Silver North Miami 305-893-0488
    • Senator Debbie Wasserman-Schultz Weston 954-424-6956

    House Committee on Health Regulation:
    • Rep. Frank Farkas (Chair) St. Petersburg 727-893-9855
    • Rep. Eleanor Sobel Hollywood 954-965-3795
    • Rep. JD Alexander Winter Haven 941-298-7677
    • Rep. Heather Fiorentino New Port Richey 727-816-1307
    • Rep. Mike Haridopolos Melbourne 321-242-8995
    • Rep. Gayle Harrell Port St. Lucie 561-283-1179
    • Rep. Randy Johnson Winter Garden 407-877-0122
    • Rep. Marco Rubio Miami 305-442-6939Rep. Stacy Ritter Tamarac 954-718-0077
    • Rep. Gary Siplin Orlando 407-481-0078
    • Rep. Roger Wishner Plantation 954-321-9855

    Deregulation Talking Points
    Issue: Dept. of Health proposal to deregulate Opticians

    How: Dept. of Health requested $0.00 funding for the state Board of Opticianry

    Outcome: There would be NO state regulation of persons dispensing an optical prescription!

    Request: Please OPPOSE the deregulation of Opticians!!

    Argument:
    • --This apparent reduction in state government does NOT save the taxpayer one cent. The state Board of Opticianry is completely
      funded by license fees. This board is self-supporting.
    • --Opticians fill doctor prescriptions for corrective eyewear. Florida patients and consumers should be able to rely on the accuracy
      of their eyeglasses and contact lenses.
    • --State regulation of opticians protects the health and safety of patients and consumers. There are sanctions and discipline if an
      optician violates his practice act.
    • --Opticians have been licensed in Florida for 50 years. This strict regulation has resulted in few complaints against opticians. A lack of complaints proves that regulation protects consumers, not that it is unnecessary.
    • --The Florida Society of Ophthalmology and the Florida Optometric Association support continued licensure of opticians.
    • --Exposing your eyesight to unqualified, unskilled, and inexperienced persons puts your vision at risk.

    <FONT COLOR=#FF0000>PLEASE OPPOSE DEREGULATION OF OPTICIAN</FONT>

    Mark A. Miller
    Executive Director
    markm@pof.org

  13. #13
    Optical Educator
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    Hello Everyone,

    Ditto, Ditto. I honestly believe that we are going to come out of this stronger. This threat may turn more opinions on mandating an AS (or AAS) (Associate in Science or Associate in Applied Science) for opticianry.

    Our distance education program is moving along. THERE IS STILL TIME TO SIGN UP FOR A CLASS OR TWO THIS JANUARY!! Please email me at lpierce@hcc.cc.fl.us for more information in regard to starting up opticianry courses online.

    Mermaid (and other Florida apprentices):
    You can receive 90 hours toward your apprenticeship time for each credit! A three credit course which will help you do your job better will also knock off 270 hours of apprentice time!

    Anyway, I got the dumb form letter from Bush as well. My guess is that he hasn't really looked at the issue, and when he sees the large response from our group he will remove this from the list.

    Stephanie: There are no costs to society to keep up regulated. Our licensing fees more than pay for the administrative expenses. Yes, the licensed opticians must pay the fees, but they are typically paid higher in a licensed state. The increase in salary more than justifies their licensure fees.

    Laurie

  14. #14
    Snook Fishin' Optician Specs's Avatar
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    We must support Florida remaining a licensed state. What other credible health care profession is not licensed. Granted there are problems with the licensed program but that is not an excuse to scrap it. How about fixing it. If you take a stretch of highway and notice that most people drive the proper speed there, is that a good reason to remove the speed limit signs and make it legal to drive at any speed? I don't think so. Perhaps we don't have a gross amount of consumer complaints because the laws are working to keep us in line. If you don't think you're getting paid what you deserve now, just wait till there are no licenses.
    Its also nice to think every person would fill Rx's perfectly whether there are consequences or not, but its not so. Consumer protection laws will not protect the consumer from unscrupulous people who would compromise ethics.However, fear of losing your license will keep you in line.

  15. #15
    sub specie aeternitatis Pete Hanlin's Avatar
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    Specs,
    Like I said, I do believe that Professional Opticianry would be set back if our field is deregulated. I just hope that we come out of this realizing how ineffective the current regulation is.

    In other words, don't be upset with the DOH or the Governor's Office for wanting to deregulate us- the way we are currently regulated, it probably wouldn't make much difference if we were deregulated! Therefore, the DOH proposal makes some sense (though I still haven't figured out how deregulating a self-sufficient profession is supposed to save money...).

    So, let's keep ourselves regulated (sounds like a Metamucel commercial), but then let's put some real teeth into the regulation.

    Pete "Catch 22" Hanlin

  16. #16
    Optical Curmudgeon EyeManFla's Avatar
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    The bottom line is that more and more places are going WITHOUT LDO becasue they know the DOH and the DPR will do NOTHING about!
    It's all about REVENUE and LDOs do NOT generate revenue! If more LDOs were in the position of OWNERSHIP, which the state will listen to, then the current licensing mess could be avoided. It's really simple...
    Money talks and BS walks........
    And you better believe that THAT is what they are looking at in Tallahassee!

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