Legislative Updates

Fall 2004 AAO New Mexico Councilor’s Report

The Council
The Council is an advisory board to the Board of Trustees of the Academy.

Concerns and ideas of the membership filter up to the Board and management of the Academy through the Council which provides recommendations for board action.

Council Advisory Recommendations (CARS) must be approved by a state society prior to presentation and discussion at the spring Council Meeting. These CARS, if approved by the Council, will then be presented to the Board of Trustees of the Academy for further action.

Highlights of the Council meetings are reported back to the leaders and members of the state societies.

The fall meeting of the Council was held in conjunction with the annual AAO Meeting in New Orleans, LA, October 22-26, 2004.
The Council is composed of two groups: one that represents state societies and another that represents subspecialties and specialized interests. Currently, there are approximately 100 councilors.

Governmental Activities

Optometric Surgery Bill in Oklahoma
The Oklahoma Board of Optometry rejected Medicine’s concerns about patient safety and formally adopted rules greatly expanding optometry’s scope of practice. These include many ocular surgeries now only being performed by ophthalmologists
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Governor Brad Henry has promised to reject this dangerous surgery regulation. He has 45 days (~11/20/2004) to either approve or disapprove these emergency rules.

The Academy continues to work hard in Oklahoma to educate the public regarding this new legislation which is detrimental to patient safety.

Your contributions to the Scope of Surgery Fund will help with this fight and others
Scope of Surgery Fund

Other State Surgical Bills
Ophthalmology scored nine state legislative and regulatory scope-of-practice victories this year in Puerto Rico, New York, Massachusetts, Florida, Alaska, Mississippi, Maryland, Louisiana, and Tennessee.

Most significant was the Puerto Rico Ophthalmological Society’s defeat of a bill that would have allowed the broadest optometric scope of practice in the U.S. This bill allowed optometric surgical privileges and prescribing authority for all systemic drugs.

Success attributed to state ophthalmological society leadership, an increase in contributions to state society political action committees, support by the Academy’s Surgical Scope Fund, an upsurge in the involvement of young ophthalmologists in the state political process, and ophthalmologists taking the time to educate state legislators about the importance of preserving safe eye surgery.

Quality Eye Care Project for States (QECPS)

1. In addition, during this time period, the Academy and state societies in Arizona, Montana, Texas, and Washington worked with legislators to pass legislation clarifying that optometrists are not authorized to perform laser surgery.

2. QECPS Fund available from Academy to pass this type of proactive legislation.

3. We will inform John Anderson and Randy Marshall (our lobbyists) regarding the availability of this fund.

Veteran’s Affairs Directive

1. VA Optometrists may perform lasers at VA facilities if they are licensed in a state that allows them to do lasers (e.g. Oklahoma), and if they are under supervision by an ophthalmologist.

2. 13 members of Congress cosigned a letter October 1 to VA Secretary Anthony J. Principi expressing doubt over the scope and direction of the directive on therapeutic laser procedures. “Supervising a procedure is not at all the same as performing the procedure,” the letter states, and non-surgeons performing surgery could “jeopardize patient safety and the quality of care to our veterans.”

3. The Academy is vehemently opposed to the directive and is working to educate veterans across the country on how the new directive will affect them. Ask veterans that you know to write their congresspeople (at http://www.vetscoalition.org/) and the Veterans Affairs.

4. Veterans Eye Treatment Safety (VETS) Act of 2003 (HR 3473) - only licensed medical doctors and licensed doctors of osteopathy may perform eye surgery at Department of Veterans Affairs facilities or under contract with the Department of Veterans Affairs. Congressional support for bill continues to build. Go to http://capwiz.com/aao/home/ to send a letter to your congressperson.