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Thread: State of Texas Eliminates Licensing and Regulation of Seven Occupations/Businesses

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    Redhot Jumper State of Texas Eliminates Licensing and Regulation of Seven Occupations/Businesses



    State of Texas Eliminates Licensing and Regulation of Seven Occupations/Businesses

    A new state law, Senate Bill 202, was recently passed by the Texas Legislature. The new law becomes effective September 1, 2015. State law will no longer require a license issued by the Department of State Health Services (DSHS) for the following businesses and occupations:

    • Rendering businesses
    • Contact lens dispensers
    • Opticians
    • Bedding
    • Tanning facilities
    • Personal emergency response providers
    • Bottled and vended water certificates of competency

    On and after July 1, 2015, DSHS will not issue new licenses or renew expiring licenses for these programs.
    To learn more about Senate Bill 202, please selecthttp://www.capitol.state.tx.us/Home.aspx and enter SB202 in the search field.
    DSHS will soon be notifying license holders and interested parties directly of this change in Texas law. If you have questions, please contact us via e-mail atoptician@dshs.state.tx.us.


    A new state law, Senate Bill 202, was recently passed by the Texas Legislature. The new law becomes effective September 1, 2015. State law will no longer require a license issued by the Department of State Health Services (DSHS) for the following businesses and occupations:

    • Rendering businesses
    • Contact lens dispensers
    • Opticians
    • Bedding
    • Tanning facilities
    • Personal emergency response providers
    • Bottled and vended water certificates of competency

    On and after July 1, 2015, DSHS will not issue new licenses or renew expiring licenses for these programs.
    To learn more about Senate Bill 202, please selecthttp://www.capitol.state.tx.us/Home.aspx and enter SB202 in the search field.
    DSHS will soon be notifying license holders and interested parties directly of this change in Texas law. If you have questions, please contact us via e-mail atoptician@dshs.state.tx.us.



    Elimination of Optician Registration Requirements Letter


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    Master OptiBoarder AngeHamm's Avatar
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    The law so nice it's posted twice.
    I'm Andrew Hamm and I approve this message.

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    Redhot Jumper data shows that occupational licensing of barbers and opticians increases the earning

    Occupational Licensing Gone Wild? Why Licensing Is Not Always the Answer

    Testimony before the Indiana Senate Commerce and Technology Committee
    Edward J. Timmons | Apr 16, 2015

    Chairman Buck, Representative Breaux, and distinguished members of the committee: thank you for inviting me to testify on the subject of occupational licensing and certifications in the state of Indiana.
    I am an associate professor of economics in the department of business administration at Saint Francis University. I wrote my doctoral dissertation on the effects of occupational licensing and have also published several papers on the subject. Most of my comments below are based on a recent study I co-authored for the Mercatus Center at George Mason University titled “Bringing the Effects of Occupational Licensing into Focus: Optician Licensing in the United States” (attached). As the state discusses voluntary certification and creation of a registry I hope my comments may help provide context for policy relating to various licensed and certified occupations in the state of Indiana.


    Occupational licensing has significantly expanded in both breadth and scope the last several decades, resulting in higher costs of entry for many occupations and also higher prices for consumers. In this testimony, I will focus on the following points:

    • Occupational licensing imposes substantial costs, while its benefits are unclear.
    • A careful examination of the data shows that occupational licensing of barbers and opticians increases the earnings of the professionals without any measurable benefit to consumers.
    • Occupational licensing is not always the optimal policy choice for regulation of a profession, from the standpoint of consumer protection. Certification might offer a lower cost and more effective regulatory alternative.

    Continue: ================>

    http://www.insideronline.org/summary.cfm?id=24348


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    O.D. Almost Retired
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    So a certain type of optician will move to texas to avoid regulation, and another type may move from texas to avoid the competition for the first type. Probably not a big net effect, except on the status of opticianry as a profession down there. To me, just another example of the silly wild west attitude of texas politics and yet another reason I'll never visit that state again.

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    What's up? drk's Avatar
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    1. Cutting government services is big in TX.
    2. I wouldn't doubt they were paid off for this.
    3. This sucks.

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    Master OptiBoarder optical24/7's Avatar
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    FWIW; There were fewer than 50 Opticians registered with the state. It was strictly voluntary. This is a perfect example of what I've said forever....If it's not mandated, folks won't comply, just like if driver's test and licensees were voluntary, who'd get one?

    In the end, this will have zero net effect here.




    PS. I find it utterly hilarious a Californian disparaging any other states politics!

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    Bad address email on file jherman's Avatar
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    beat me to it G.
    I would like to thank my fellow Texans for convincing bill stacy the odd to not to come back.

    Good looking lens Judy!

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    Master OptiBoarder rbaker's Avatar
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    Quote Originally Posted by optical24/7 View Post
    PS. I find it utterly hilarious a Californian disparaging any other states politics!
    Hopefully the New State of Jefferson will soon come into being. The only licenses that will be required will be non resident fishing licenses.

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    O.D. Almost Retired
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    Having lived in Texas for a couple of years and Alabama for a year, I do much prefer life in California, not only for it's climate, it's beauty, its people, but how most Californians treat people of various race, religions, sexuality or even professions compared to some residents of some other states.

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    I think residents of most states give professionals enough rope to hang themselves, but that's just my opinion. Just because someone is called "Dr." or has a medical degree of some kind does not automatically result in respect. Respect is earned, not given. I've met plenty of doctors that I've never gone back to see a 2nd time, and many more that have my grateful patronage.

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    What's up? drk's Avatar
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    I just found out about it not being a true licensure, but merely a registration. So there's no big loss.

    Nonetheless, I would be horrified to have an Rx walk out of my office to be filled by someone that has absolutely no training or oversight on filling Rxs.

    What's the dang point of glasses or contacts being a prescription device if any schmuck can fill it? Unbelievable.

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    Quote Originally Posted by drk View Post
    I just found out about it not being a true licensure, but merely a registration. So there's no big loss.

    Nonetheless, I would be horrified to have an Rx walk out of my office to be filled by someone that has absolutely no training or oversight on filling Rxs.

    What's the dang point of glasses or contacts being a prescription device if any schmuck can fill it? Unbelievable.
    But isn't that what happens every day in the (what is it now? 34?) states that are essentially unregulated? It doesn't appear as if there has been an overwhelming number of people having problems with their eyewear in unregulated states, nor does there seem to be any great push towards regulating the unregulated, quite the opposite in fact. Remember, this is all from the "smaller government" folks (I don't want this to be a political statement). Smaller government = less regulations.

    I know we've had this discussion before Doc. This started with the breakup of the dispenser/doctor relationship by the FTC. I totally agree with you about the seeming double-talk differentiation between a prescribed medical device and dispenser. But I've yet to hear about a patient who has died because their cylinder is 5 degrees off, or their sphere power is .25 diopters strong.

    Where does the line get drawn between regulations and patient care?

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    What's up? drk's Avatar
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    Great questions, Mike.

    I guess on my Rx pads, if I were in an unregulated state, I would write: "Hey, it's just my advice for your glasses. Do whatever you want. Really. Have it your way."

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    You know doggone well if I lived in Ohio, I'd drive all day long just to have you make my glasses!

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    Master OptiBoarder rbaker's Avatar
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    Quote Originally Posted by drk View Post
    I just found out about it not being a true licensure, but merely a registration. So there's no big loss.

    Nonetheless, I would be horrified to have an Rx walk out of my office to

    What's the dang point of glasses or contacts being a prescription device if any schmuck can fill it? Unbelievable.
    Licensing, as it exists today is no guarantee that you Rx will not be filled by someone that has absolutely no training or oversight on filling Rx's.

    Yes, even in licensed States any schmuck can fill it particularly in the office of an OD or merchant MD!

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    Quote Originally Posted by MikeAurelius View Post
    But isn't that what happens every day in the (what is it now? 34?) states that are essentially unregulated? It doesn't appear as if there has been an overwhelming number of people having problems with their eyewear in unregulated states, nor does there seem to be any great push towards regulating the unregulated, quite the opposite in fact. Remember, this is all from the "smaller government" folks (I don't want this to be a political statement). Smaller government = less regulations.

    I know we've had this discussion before Doc. This started with the breakup of the dispenser/doctor relationship by the FTC. I totally agree with you about the seeming double-talk differentiation between a prescribed medical device and dispenser. But I've yet to hear about a patient who has died because their cylinder is 5 degrees off, or their sphere power is .25 diopters strong.

    Where does the line get drawn between regulations and patient care?
    I agree with you Mike and patient care is the biggest loser here.
    With deregulation comes the erosion of proper dispensing, and it then becomes a lab problem when a dispenser can't measure of a height or PD correctly the first time, as it becomes a "warrantee" issue. Practices may also end up losing money as labs have to fix mistakes made by practices with basic measurements such as Uncut Blank sizes, and end up grinding lenses for orders where stock lenses have been charged for.
    Never been a fan of deregulation.....
    It’s so simple to be wise. Just think of something stupid to say and then don’t say it.

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    Quote Originally Posted by rbaker View Post
    Licensing, as it exists today is no guarantee that you Rx will not be filled by someone that has absolutely no training or oversight on filling Rx's.

    Yes, even in licensed States any schmuck can fill it particularly in the office of an OD or merchant MD!
    don't forget about those working for chain stores that get ahead by doing awesome numbers

    easiest way to boost numbers is to dispense stuff that doesn't pass

    I'm not saying all chain employees do this, but if you're an optician/lab tech in a chain store,
    and upper management is giving you a hard time on redo's, what else can you do

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    Redhot Jumper Application fees range from as low as $70 in Vermont to as much as $850 in Florida.

    In the states that require optician licensing, requirements vary with little rhyme or reason. Application fees range from as low as $70 in Vermont to as much as $850 in Florida. California requires no education for licensure, but bordering state Nevada requires 1,128 days of education. North Carolina and Vermont require prospective applicants to pass one exam, yet Connecticut requires successful passage of four exams.
    For an individual with low to moderate income these costs are not insignificant. A recent study by the Institute for Justice rightly ranks opticians in the top 10 of 102 low- and moderate-income occupations for most burdensome licensing requirements.
    We empirically estimate the effects that occupational licensing laws have had on the earnings of opticians, and our results suggest that each additional exam (or each additional 100 days of education required) result in opticians earning 2-3 percent more than unlicensed opticians. Presumably, by making it harder for aspiring opticians to enter the profession, licensed opticians are able to restrict the supply of practitioners. Thinking back to Economics 101, it is not difficult to make the prediction that the earnings of professionals should increase.

    source: =====>
    http://www.insideronline.org/summary.cfm?id=24348

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    Quote Originally Posted by jherman View Post
    beat me to it G.
    I would like to thank my fellow Texans for convincing bill stacy the odd to not to come back.

    Good looking lens Judy!
    Yes! Please don't California my Texas!

  20. #20
    OptiBoard Professional OptiBoard Silver Supporter eryn's Avatar
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    This type of registration was a joke anyway. Not required by anyone and just voluntary..... this changes nothing for the Opticians of Texas or the way business is done.
    ~ Erin
    ABOC

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    Quote Originally Posted by rbaker View Post
    Licensing, as it exists today is no guarantee that you Rx will not be filled by someone that has absolutely no training or oversight on filling Rx's.

    Yes, even in licensed States any schmuck can fill it particularly in the office of an OD or merchant MD!
    I get your point, but:
    1. At least 1/2 of ODs probably know enough about optics to be able to oversee their opticals. (Probably used to be 90%.)
    2. At least 1/2 of OMDs probably know enough to know they don't know enough and have a licensed optician oversee their opticals.

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    Master OptiBoarder rbaker's Avatar
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    Quote Originally Posted by drk View Post
    I just found out about it not being a true licensure, but merely a registration. So there's no big loss.
    Most States require pharmacists', for example, to be Registered not Licensed. It's just a name game to lift ones business out of the mud and into the light. Here are some additional thoughts for your consideration:

    If you’re confused about all thecredentials available to you and what they mean to your career or profession,you’re not alone. The “alphabet soup” of letters after healthcare and designprofessionals’ names has grown in recent years and the distinctions between onecredential and another are often blurred and can be confusing.A credential identifies an individual whois committed to his/her profession and provides a tangible recognition ofhis/her knowledge and/or experience. Common terms and definitions are listedbelow.
    Credential: An umbrellaterm used for many types of programs such as licensure, certification,accreditation, and certificates. A credential is an attestation ofqualification, competence, or authority issued to an individual by a thirdparty with a relevant or de facto authority or assumed competence to doso.
    Credentialing: The processused to establish the qualifications of professionals, organizational members,or organizations and to assess their background and legitimacy to meetpredetermined and standardized criteria. Individuals, organizations, processes,services, or products may be credentialed.
    Licensure: A process bywhich a governmental agency grants time-limited permission to an individual toengage in a given occupation after verifying that he or she has metpredetermined and standardized criteria (usually education, experience, andexamination).
    · The goal of licensure is to ensure that thelicensees have the minimal degree of competency necessary to ensure that publichealth, safety, and/or welfare are protected.
    · To become licensed, one usually has to meeteligibility requirements and pass an assessment that covers a broad range ofknowledge and skills, usually at the entry level.
    · There are usually ongoing requirements thatneed to be met to maintain the license (CEUs, retests, physical exams, etc.).
    · Typically, they are granted at the statelevel; if the individual works in multiple jurisdictions, then they must belicensed in each jurisdiction. Licensing requirements vary from jurisdiction tojurisdiction.
    · Professional associations do not grantlicensure but can play a role in licensure activities, such as advocating forthe license and collaborating with agencies responsible for the development andadministration of licensing.
    In most cases, the terms “licensure” and“registration” are used interchangeably. An example of this credential would bea registered pharmacist or licensed optician.
    Certification: A voluntary process bywhich a nongovernmental agency grants a time-limited recognition to anindividual after verifying that he or she has met predetermined andstandardized criteria.
    · To become certified, an individual mustmeet eligibility requirements and pass an assessment.
    · Certification is voluntary and theindividual does not need to be certified in order to engage in a givenoccupation. Certification has traditionally been an association activity inwhich a group of professionals determines the need to publicly state its standardsthrough assessment of competence, quality, or specialized knowledge.
    · The certification assessment may cover abroad area of knowledge and skills at entry, specialty, or advanced levels.
    · Certificants usually have ongoingrequirements, such as continuing education or retesting, to maintain thecertification.
    · A certificate program should not beconfused with certification.
    Certificate: A voluntary process bywhich a person or organization acquires a document serving as evidence, or aswritten testimony, of status, qualifications, privileges, or the truth ofsomething.
    · Generally issued by an institution notauthorized to grant diplomas, or to a student not qualifying for a diploma.
    · A one-time recognition that does not expireor have ongoing requirements.
    · Unlike certification or accreditation acertificate belongs to the individual and not the organization.
    Accreditation: A voluntary process bywhich a nongovernmental entity grants a time-limited recognition or credentialsto an organization after verifying that predetermined and standardized criteriaare met.
    · Accreditation is voluntary; however,sometimes it becomes so important that it can be considered quasi-mandatory.
    · The focus of an accreditation’s assessmentis on safe and effective processes and outcomes.
    · Accreditation usually has ongoingrequirements (such as applications or site visits) that need to be met tomaintain the accreditation.


  23. #23
    Master OptiBoarder optical24/7's Avatar
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    Quote Originally Posted by eryn View Post
    This type of registration was a joke anyway. Not required by anyone and just voluntary..... this changes nothing for the Opticians of Texas or the way business is done.
    It wasn't meant to be a joke. We looked at it as a stepping stone to obtaining mandatory licensure. A lot of work went into getting us even voluntary. It also required more than many licensed states to maintain ( ABOC + 10 hr's ABO approved CE's every 2 years, 20 if you were dual registered (CL and spectacle).


    Many of us had hoped Opticians in our state would realize that if they helped by participation, we may be able to gain mandatory licensure. Some of us have spent thousands of our own dollars and countless hours at the state capitol pursuing just that. We had zero support from any of our National Opticians organizations ( thanks a lot for that! ) But opticians, on a whole, are a lazy bunch. To many that use that title, this is only a job, not a career, just a pay check. They no more want to further their knowledge base than learn fire walking.


    Now then, there are some extremely talented Opticians in our state that I would put up against the highest standards and knowledge base of anywhere, but they are the minority. As far as I'm concerned, at this point, I give up on the rest of those folks and will gladly throw them under the bus when a client comes in with glasses made shoddily by them. Good luck Texas Opticians! You're on your own....

  24. #24
    What's up? drk's Avatar
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    Texas Optician's Guild.

    Or,

    Lone Star Optician's Guild.

  25. #25
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    Quote Originally Posted by drk View Post
    I guess on my Rx pads, if I were in an unregulated state, I would write: "Hey, it's just my advice for your glasses. Do whatever you want. Really. Have it your way."
    You should change your name to Dr. BK (Burger King)

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