Optometrist as an employee?

[Texas Ranger]

There is something I really don't understand (well, a lot of things, really) but as an independent optical shop, here in Texas, it's against the law for me to "employ" an OD. Well, all the time, I hear of OD's "going to work" for Walmart,etc. A new Sam' just opened up; and they're looking to "hire" an OD, lane's already set up,etc. My naivete says "i'm and optical retailer, they're an optical retailer; I can't employ an OD, and they can!" Whazzup??? splain me the loophole allows this contradition. Al.

[Darris Chambless]

Hello Al,

I just happen to know the answer to your question :-) The chains are "contracting" not hiring these OD's so that (on paper) they are still independant of the corporations. But (and here is the big news) The Texas Two Door law has been repealed as of Sept.1, 1999. In fact all of section 5 in the Texas Optometry Act has been repealed and replced by section 5.22 which is the authority to form certain jointly owned entities between OD and MD. Keep in mind that a contract has to be mutually beneficial therefore you do have some control over the OD and how they practice.

Hope this helps,

Darris "Did you download Odigo yet?" Chambless

[David Wilson]

Hi Guys,
I found it interesting reading about Al's problem and the thread posted by Jim about expiry dates on prescriptions. We have had the same debates (endlessly) in Australia and I'm sure if you were to read optometry and opticianry journals decades ago in both countries you would have seen the same arguments. In New South Wales (the state with Sydney as its capital) the optometric act is about to be changed and it seems that, among the changes, will be the right for 'non-optometrists' to employ optometrists and form partnerships. Optometrists will also, I believe, be allowed to incorporate. At present they can only be sole traders or partnerships. And, yes, the major companies here and many small opticianry businesses have used the method Darris outlined to overcome the legal restrictions on employing optometrists. The one problem with this system, though, is that if they are not your employee then their record cards are not your property either, with the result that they can take their cards and their clients and open up down the street.
An amendment to the previous act some years ago eliminated the old double door requirement.
We too have noted expiry dates on spectacle prescriptions and the legal advice was that if its there it is a legal part of the prescription (whatever you might think about it).
Regards
David

[EyeManFla]

We had a situation in Florida where the Independant OD were "working" for a big chain. The chain, which was advertising "Free Eye Exams" was actually charging $39.00 for the exam.BUT, alot of the Doctors were made to sign contracts werer they only got paid $20.00 per eye exam.
They ended up getting busted by the state for setting Doctors' fees in violation of State laws........