legally correct but....

[HarryChiling]

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)

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?

why question information that was a given?

In ODs or Doctors offices es they don't even need that. The OD lobby would never tolerate such nonsense.

:( tolerate?

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.

:finger: I know you better than that, you consider yourself a professional, and so do I. I expect you to uphold the integrity of your profession.

shellrob, allanon, AutumN, k12311997, Craig

Luckily enough there are more people that would speak up for opticianry than against. If you look at the number of negative comments in this thead as compared to the positive comments and leave out the neutral. It's about 5 negative comments and 7 positive comments, when the fact is that the store did something wrong. This is the fracture between opticians that makes it so easy to divide and conquer. Grow some balls like ldyfish and actally stand up for your profession or at least support someone who has.

FLAME RETARDENT SUIT = ON

[Ed_Optician]

If I am not mistaken, in NY the spirit of the law is as follows
Every hour an optical dispensary is open a properly licensed "Ophthalmic Dispenser", "Optometrist", or Physician for a "Registered Apprentice Ophthalmic Dispenser" to fit or dispense eyewear. I dont believe it required over the shoulder supervision but at least be present on the premesis. An unregistered person could not perform the duties of an optician.
When I worked in NY I worked at several locations. ny registration certificate or a photocopy was posted no matter where I worked...a copy was in my breifcase to be put up if visiting a froiends office just to be legal

In order to protect our licenses, we must also police ourselves because the state cannot check on every business every day

Ed

[Snitgirl]

Hi Ed,

Good to see you!!

If I am not mistaken, in NY the spirit of the law is as follows
Every hour an optical dispensary is open a properly licensed "Ophthalmic Dispenser", "Optometrist", or Physician for a "Registered Apprentice Ophthalmic Dispenser" to fit or dispense eyewear. I dont believe it required over the shoulder supervision but at least be present on the premesis. An unregistered person could not perform the duties of an optician.
When I worked in NY I worked at several locations. ny registration certificate or a photocopy was posted no matter where I worked...a copy was in my breifcase to be put up if visiting a froiends office just to be legal

In order to protect our licenses, we must also police ourselves because the state cannot check on every business every day

Ed

[Ed_Optician]

In my opinion, any person performing the duties of an optician/ophthalmic dispenser should be carrying the license of the same. If a person is an apprentice optician, they should only be performing those duties while a fully licensed optician, OD or MD is present.
Technicians in the OD or MD office should also be lcensed/certified not just on the say so of the DR. The only persons who should not be licensed or certified are those who do not perform skilled optical tasks....answer phones, schedule appointments or bill insurance

Protect your license strengthen the professions. Do not permit unlicensed personel to do your job

[shellrob]

In my opinion, any person performing the duties of an optician/ophthalmic dispenser should be carrying the license of the same. If a person is an apprentice optician, they should only be performing those duties while a fully licensed optician, OD or MD is present.
Technicians in the OD or MD office should also be lcensed/certified not just on the say so of the DR. The only persons who should not be licensed or certified are those who do not perform skilled optical tasks....answer phones, schedule appointments or bill insurance

Protect your license strengthen the professions. Do not permit unlicensed personel to do your job

This is how it is supposed to work here. When I started out, I apprenticed under a Licensed Optician for 2 years before getting my own. So, if I was to work dipensing without my License Optician, it's not only on me but the Licensee as well. Now, the rules change when the owner is an OD or MD. I wish it weren't the case, but it is. I agree with Ed that they too should be Licensed. I work for an OD now and still keep my License. I feel privilaged to have it so I will never give it up no matter what job I have.

[chip anderson]

Harry my friend, as you know as presently constituted I concider a license, a tax and a back door method of unionization which I also highly oppose. Unless the license requirement were applied to all in the field as those working in O.D., M.D., Chain, etc. environments, it's just something to call oneself, like putting all the silly little letters our and other professions like to put after our names. The public doesn't really know what these are or probably doesn't care.
The public doesn't really know the difference between an optometrist and an ophthalmologist. Now days I am not sure that many O.D.'s and O.M.D."s understand the difference. A large part of the public doesn't really know what an ophthalmologist is. If they have an eye problem they just know they want an "eye doctor."
I suspect that very few of us know what all the various medical specialties are unless we are under the care of one of them.
Please don't respond with some trite thing like "It's our duty to educate, educate", educate, it ain't gonna happen. Many of those in our "profession" concider themselves to be salesmen, and they are probably right.

Chip, FCLSA, FOAA, etc.

[shellrob]

Chip, although I believe you to be very intelligent, I sometimes think you are in the wrong field. You don't have a lot of positive things to say on the subject.

[chip anderson]

Shell: I like what I do, I used to love what I did. But I don't like the politics in the field. And after years of being in the field, having young doctors who still had thier idealism swear they would never dispense or fill thier own Rx's change thier mind in just a few years of practice. Seen many things that are added to patient's charges strickly because: "We've gottan show a profit on this new gadget, or because the insureance will pay for it." Plus a lot of other changes in the industry (and I admit there have been some good ones), the industry changing from skilled talents to sales, I have become quite jaded...
For this I appologise, and take heart, I am getting old, having back and sugar problems so I probably won't trouble the industry too much longer.

Chip

[Leo Hadley Jr]

ldyflsh,

You should be applauded for sticking to your guns. It takes a lot of courage to do what you have done. I am sure you will be working again before this thread dies.

I would like to say from my experience that, you may want to let it lie and distance yourself from the situation. There are many employers out there that may be afraid to hire you now. I am not saying they are dishonest, they just tend to not want anyone stirring the pot regardless of what was right.

I think you did the right thing, I just would hate to see you be held back in the future because of it.
:cheers:

[Fezz]

I applaud, respect and admire your integrity and conviction. You have done a very honorable thing. You acted upon your beliefs, stood by them, and are a better person for it. Bravo!

If more Opticians would stand up for themselves, respect our knowledge and hard work, we would all be in a much better place.

Thank You.

[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.

Obviously we aren't getting the same answers, and in my experience that's par when dealing with the state. I'm lic. and in my office we do everything by law. There are some that abuse using non-lic. to avoid paying the salaries, and some that I think don't do by choice, so to speak, but more to be able to stay in business. They try not to but when vacations, sick days etc. arise they can't help it. They can't afford additional lic opticians, I do feel for those places.

[Dannyboy]

I congratulate this optician for the integrity and dedication. I personally belief that in order to fit and dispense eyewear it should be done by a licensed individual, no exception. NY in relation to Florida now seems stricter as their opticianry law seems to apply to OD owned establishments. Here in Florida Ophthalmologists and Optometrists have their own laws and thus the opticianry laws do not apply so they get a free pass at unlicensed optical dispensing.

Do not get discourage. I believe you should consider to practice your profession independently.

Good Luck

Dannyboy:cheers:

[stephanie]

I think you did the right thing as well. It goes on constantly here in TN. When we call the board all the board does is send US out a complaint form to fill out and send back before they make a decision to investigate....hmm...with that being said...why in the world would they not break the law if they know how much is involved to investigate? Wouldn't you always speed if you knew there were never any cops and then if someone reported you to the cops THEY would have to prove you were speeding before someone would come give you a ticket. Now, every couple of years our license is on the line and we go for sunset review. I feel allowing these places to work people unlicensed in a state that requires licensed coverage cheapens our profession. Someone has to take a stand once in a while.

[Dannyboy]

If one is not licensed one does not drive a car. If you are a cab driver an move to another state without the proper license you are not eligible to drive. In most states if you are unlicensed individual you cannot function as a licensed optician if you work for a chain. The fact is that most licensed states including Florida give a free pass to those individuals that work under the licensed of an Ophthalmologists, Optometrists and in many cases for licensed opticians. You cannot be called optician as the title is protected and cannot go into business for yourself. Let me explain as far as Florida goes:

1. You must be a licensed Optician to practice Optcianry in a chain.
2. You must be a licensed optician if you work for yourself.
3. You must have an optician at all times if you work for an Optician or a chain.
4. An OD cannot supervise a licensed Optical establishment such as a chain or one owned by an Optician or a corporation.
5. If you work for an MD or OD you can do "Opticianry" but you cannot call yourself an Optician.

Florida is not as easy to become licensed as one might think. They do no have reciprocity of any kind and everybody gets tested by ABO, NCLE. State written and state practical. They do not care if you pass and do not belief in making things easier. There is a shortage of opticians and I believe that it will get worse as more mega chains open more stores. The state board does sanction illegal acts and they do investigate consumer complains. They are not here to help the optician in any shape or form other than to make sure you are practicing within reason and are not harming the public. Frankly they are scary......

Dannyboy