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Thread: Any optometry practice act defines opticianry?

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    OptiBoardaholic CNG's Avatar
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    Any optometry practice act defines opticianry?

    Several years ago I heard this comment from an ophthalmologist. He stated that we complain that we only have 22 states that have some license requirement when in reality more than 2/3 of the US population lives in a licensed opticianry state. He also mentioned that in many of the remaining non licensed states have provision build into the optometric practice acts. How can that be possible? Which states have opticianry reg built into the optometric practice acts?

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    None. Opticianry is not regulated in those 27 states. It is true that 60+% of the population lives in those 22 licensed states, and for us to advance that must happen, despite what many here will now loudly decree as incorrect. We have lagged significantly behind other health-related professions for far too long, but it is not the fault of ODs, nor corporate providers. It is the fault of the "leadership" of Opticianry decades ago. Myopia comes in many forms.

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    OptiBoardaholic CNG's Avatar
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    Warren I think this is crazy... I just got an e mail from a Wisconsin friend It is true! I just check this online. Wisconsin Optometry Practice act does defines opticians.

    (2) DISPENSING OPTICIANS. A dispensing optician is one who
    practices optical dispensing. The practice of optical dispensing
    comprises the taking of necessary facial measurements and the
    processing, fitting and adjusting of mountings, frames, lenses and
    kindred products in the filling of prescriptions of duly licensed
    physicians or optometrists for ophthalmic lenses. Duplications,
    replacements or reproductions not requiring optometric service
    may be done without prescription. Nothing herein contained shall
    change the responsibility of physician to patient, or optometrist to

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    Master OptiBoarder optical24/7's Avatar
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    From the Texas Optometry Act;

    (3) "Dispensing optician" or "ophthalmic dispenser" means a person who:
    (A) is not an optometrist, therapeutic optometrist, or licensed physician; and
    (B) sells or delivers to the consumer ophthalmic devices, including fabricated and finished spectacle lenses, frames, and contact lenses, prescribed by an optometrist, therapeutic optometrist, or licensed physician....


    Also, here in Texas an independent optician's premises and records can be searched by the Optometry Board UNLESS he/she is in the Voluntary Registration Program with the state which is run by the Board of Health. If a complaint comes in, the Optometry Board cannot investigate, it goes to the Board of Health. Just one reason I've recommended independent opticians here (in Texas) to get State Registered.

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    Master OptiBoarder rbaker's Avatar
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    Decades ago the feeble attempts at licensing were much stronger than they are today, and with the exceptions of just a few of you opticianry has become a joke. With just a few exceptions, we seem to be more content with arguing about refraction, third party payees, the bogus ABO exams and whether we are ancilliary medical personnel or retail salesmen than addressing the real issues of certifying the skills of the individual. Both the "professional" organizations and the state regulatory bodies have failed to upgrade the opticianry field and, in fact, over the past years actually dumbed down the craft. It is clear that the solution will not be found at the State House or the ABO.

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    Master OptiBoarder OptiBoard Silver Supporter Barry Santini's Avatar
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    Watch out here. Never forget that eyewear as a medical device is classed at the bottom of the lowest risk class. It would only take a small nudge to move it out of being being classed as a medical device all together. And if the Fed gov or the states don't take a clear position on regulating eyeglasses in interstate commerce terms soon, I fear that they might just get declassed by the growth of online dispensing.

    B

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    I stand corrected.......thank you! I did not fully read the post. The word define was what I missed. Any one can "define" Opticianry, but no one really regulates it in those states any more than they would Joe Blow at the corner store selling convenience items. Unfortunately we have stood by for a long time, and allowed ourselves to be defined by others. It is a shame, but even in most licensed states, regulation is generally lax. As evidence, we often see posts here related to offices with no license on premises part of the time they are open.

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    What's up? drk's Avatar
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    +1 to Barry.

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    Master OptiBoarder OptiBoard Silver Supporter Java99's Avatar
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    Quote Originally Posted by optical24/7 View Post
    From the Texas Optometry Act;

    (3) "Dispensing optician" or "ophthalmic dispenser" means a person who:
    (A) is not an optometrist, therapeutic optometrist, or licensed physician; and
    (B) sells or delivers to the consumer ophthalmic devices, including fabricated and finished spectacle lenses, frames, and contact lenses, prescribed by an optometrist, therapeutic optometrist, or licensed physician....


    Also, here in Texas an independent optician's premises and records can be searched by the Optometry Board UNLESS he/she is in the Voluntary Registration Program with the state which is run by the Board of Health. If a complaint comes in, the Optometry Board cannot investigate, it goes to the Board of Health. Just one reason I've recommended independent opticians here (in Texas) to get State Registered.
    This is exactly why I am registered. I know at least 2 other independent opticians who are not and I cannot imagine why they are don't see the value here.

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    OptiBoardaholic CNG's Avatar
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    Barry why on earth do you think that they will be declassified if a prescription is needed for them...maybe in Canada but here in the USA people still need an Rx. If that ever happens then there will be no reason for a refraction to be regulated or even part of the eye exam. The point of this thread is that optometry has defined opticians in many states not only Texas and Wisconsin but it looks like it has in Oregon and possibly many other states. Also the point is that Opticianry is regulated where close to 70% of the US population lives and where is not it looks like optometry has done exactly that by defining Opticians within their practice acts.

    I personally think that if 70% of the population has a regulated professional and in states that already have definitions as to what an optician is then maybe we should for go licensing in all the unlicensed states and move towards a more independent opticianry practices in states that have already legislation that regulates opticians. You are a 100% right in that we really do not need refraction but the ability to tweak refractions.


    CNG

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    Quote Originally Posted by CNG View Post

    we really do not need refraction but the ability to tweak refractions.
    how big of a change is a "tweak"?

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    Master OptiBoarder OptiBoard Silver Supporter Java99's Avatar
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    Quote Originally Posted by CNG View Post
    Barry why on earth do you think that they will be declassified if a prescription is needed for them...maybe in Canada but here in the USA people still need an Rx. If that ever happens then there will be no reason for a refraction to be regulated or even part of the eye exam. The point of this thread is that optometry has defined opticians in many states not only Texas and Wisconsin but it looks like it has in Oregon and possibly many other states. Also the point is that Opticianry is regulated where close to 70% of the US population lives and where is not it looks like optometry has done exactly that by defining Opticians within their practice acts.

    I personally think that if 70% of the population has a regulated professional and in states that already have definitions as to what an optician is then maybe we should for go licensing in all the unlicensed states and move towards a more independent opticianry practices in states that have already legislation that regulates opticians. You are a 100% right in that we really do not need refraction but the ability to tweak refractions.

    CNG
    That ability already exists in the form of a 5 minute conversation with the prescribing doc.

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    OptiBoardaholic CNG's Avatar
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    Coming from an Ophthalmology practice and having had performed refractions for 20 plus years and a graduate of a formal Ophthalmic Technology Program I can tell you that in my role as an optician it would be beneficial for my patients to allow an independent opticians to tweak the refraction either plus or minus about half a diopter, Perform a better balance of the prescription or even go as far as changing the Rx by modifying the cylinder in a spehrical equivalent form or cyl reduction.

    See if your office has lousy refractions (outside doctors of course ;)) Do you really want me to send you the patient back with a charge for the remake on what you will prescribe? or do you want me to trouble shoot were you messed up? If you messed up in prescribing too much add and the patient is unhappy with the reading distance (too close) or worse you gave to much minus at distance and now he cannot read at near comfortably except holding the paper way way out. or maybe you screwed the cyl and now the reading look bigger in the top or bottom do you really want me to send back to you or solved here without any problems and on my ticket. Someone has to pay for the remakes and quite frankly it should be the prescriber if he does not allow me to trouble shoot the Rx.

    CNG

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    Quote Originally Posted by CNG View Post

    Someone has to pay for the remakes and quite frankly it should be the prescriber if he does not allow me to trouble shoot the Rx.

    CNG
    Does that actually happen? There is no way in hell I am eating the cost a a remake on a script that was taken elsewhere

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    Master OptiBoarder OptiBoard Silver Supporter Java99's Avatar
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    Does a pharmacist trouble shoot medication dosages?

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    ABOM Wes's Avatar
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    Quote Originally Posted by DrHass View Post
    Does that actually happen? There is no way in hell I am eating the cost a a remake on a script that was taken elsewhere
    And if it was filled correctly, but you just had a bad day? Where is your responsibility in this? Where is the patient's? Why should the dispenser be held accountable for everyone's errors?
    Wesley S. Scott, MBA, MIS, ABOM, NCLE-AC, LDO - SC & GA

    “As our circle of knowledge expands, so does the circumference of darkness surrounding it.” -Albert Einstein

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    Quote Originally Posted by Wes View Post
    And if it was filled correctly, but you just had a bad day? Where is your responsibility in this? Where is the patient's? Why should the dispenser be held accountable for everyone's errors?
    In these cases are you actually getting the prescribing doctor to pay your lab bill? I really doubt it.

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    ABOM Wes's Avatar
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    A population must be well educated to govern itself. If it does not educate succeeding generations, it will fail. This can be seen across professions, cities, and nations.

    Is opticianry an allied health care profession? Opticianry (on average, taken from the national perspective) is so far behind every other profession in regards to its skill level and educational requirements that it should currently be considered a trade. From the trades perspective, opticianry often still falls short when determining acceptable minimum standards.

    The masses of opticians are not educated well enough to maintain good self governance. This should be obvious to anyone looking at the problem. Of course, the cure is anathema to those most needing it.
    Wesley S. Scott, MBA, MIS, ABOM, NCLE-AC, LDO - SC & GA

    “As our circle of knowledge expands, so does the circumference of darkness surrounding it.” -Albert Einstein

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    ABOM Wes's Avatar
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    Quote Originally Posted by DrHass View Post
    In these cases are you actually getting the prescribing doctor to pay your lab bill? I really doubt it.
    That doesn't answer the question of where the responsibility lies when (if?) the Doctor makes a mistake on the refraction (of course this never happens, but hypothetically).
    Wesley S. Scott, MBA, MIS, ABOM, NCLE-AC, LDO - SC & GA

    “As our circle of knowledge expands, so does the circumference of darkness surrounding it.” -Albert Einstein

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    Master OptiBoarder OptiBoard Silver Supporter Java99's Avatar
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    Quote Originally Posted by Wes View Post
    That doesn't answer the question of where the responsibility lies when (if?) the Doctor makes a mistake on the refraction (of course this never happens, but hypothetically).
    And that's why some opticals will refuse rxes from certain doctors with histories of bad rxes. Because it's not our fault the doc or the tech can't refract, and we're tired of paying the bill for their consistent mistakes. Granted, this is rare.

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    Quote Originally Posted by Java99 View Post
    And that's why some opticals will refuse rxes from certain doctors with histories of bad rxes. Because it's not our fault the doc or the tech can't refract, and we're tired of paying the bill for their consistent mistakes. Granted, this is rare.
    Maybe that's why they call it "practice"?

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    Quote Originally Posted by DrHass View Post
    In these cases are you actually getting the prescribing doctor to pay your lab bill? I really doubt it.
    My standard warranty phrasing:
    Prescription eyewear is custom made to your order. We will not accept returns/redos unless the prescription was manufactured incorrectly, in which case we will re-make the prescription as originally written. If we were given an incorrect prescription, you will pay full price for replacement lenses, no discount provided. Please discuss the issue with the prescribing office as we do not discount redos.
    It happens a couple of times per year, in fact I've got one in the lab right now where the office had written down the wrong seg height on a progressive. They have to eat it. If more labs would stand up against no charge or discounted redos, then perhaps labs wouldn't have to pass on such discounts to the rest of their customer base as increased charges.

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    Quote Originally Posted by Wes View Post
    That doesn't answer the question of where the responsibility lies when (if?) the Doctor makes a mistake on the refraction (of course this never happens, but hypothetically).


    If I made the mistake and the patient purchased his eye wear from my optical then I will assume the cost of the remake AS THE DISPENSER. It's part of the cost of business. A dispensing optician with his own shop is not immune to the cost of remakes.

    I understand where you are coming from, it's never fun to pay for someone else's mistake, but it's the nature of this business

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    OptiBoardaholic CNG's Avatar
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    Eyeglasses are not medications under any schedules... that is the dumbest comparison I have ever seen. Sorry if this offends you... but get with reality. Yes we as dispensers are assumed that we should cover the Dr. end when they mess up (or their tech). Labs are no longer being so nice..as to remakes unless you pay an exorbitant charge for lenses. Refraction is a simple procedure. You guys can say all you want about refraction but is not brain surgery (although it probably could lead to it) because it is boring.

    CNG

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    Master OptiBoarder OptiBoard Silver Supporter Java99's Avatar
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    Quote Originally Posted by CNG View Post
    Eyeglasses are not medications under any schedules... that is the dumbest comparison I have ever seen. Sorry if this offends you... but get with reality. Yes we as dispensers are assumed that we should cover the Dr. end when they mess up (or their tech). Labs are no longer being so nice..as to remakes unless you pay an exorbitant charge for lenses. Refraction is a simple procedure. You guys can say all you want about refraction but is not brain surgery (although it probably could lead to it) because it is boring.
    CNG
    And refraction is the domain of the OD/OMD/tech. If you want to do more than what's in the scope of practice for an optician, go to optometry school. Or get the law changed. But until then we are dispensers, not prescribers.

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