Regulations allowing optometrists to use lasers pass; opponents may sue for violation of Open Meetings Act

Though ophthalmologists and the Kentucky Medical Association strongly objected, a legislative committee passed regulations Tuesday that will allow optometrists to perform some eye surgeries using lasers. In answer, opponents says "they might file legal action against the Kentucky Board of Optometric Examiners, which drafted the regulations, for failing to comply with the state's Open Meetings Act," reports Beth Musgrave of the Lexington Herald-Leader.

The regulations, authorized by Senate Bill 110 in this year's General Assembly, now go to another legislative panel for final approval. The bill has been cause for controversy, in large part because it passed through the legislature in a swift 12 days. Oklahoma is the only other state that gives similar operating privileges to optometrists.

Ophtalmologists said Tuesday the optometric board "used a task force appointed by the state optometric association, a trade group, to develop the regulations, and those meetings were held in secret with no public input," Musgrave reports. Legislators and optometrists disagreed, saying public comment was allowed at an open meeting in July, and the regulations were altered after task force members took the comments into consideration.

Dr. Woodford Van Meter, president of the Kentucky Academy of Eye Physicians and Surgeons, said patient safety is at risk of optometrists are allowed to perform the procedures, in part because the bill states they only have to receive 32 hours of training and show they can do the procedure once before they can use lasers. By contrast, Van Meter said ophthalmologists have 17,000 hours of surgical training and perform surgeries hundreds of times before being allowed to do them on their own.

If the regulations pass, optometrists may be allowed to perform the surgeries by year's end. (Read more)

Optometrists, ophthalmologists renew battle over optometrists' ability to perform medical procedures

Ophthalmologists renewed their fight yesterday against new rules "that would allow optometrists to perform more complex procedures that critics say will endanger patients," Mike Wynn of The Courier-Journal reports. The Kentucky Board of Optometric Examiners held the hearing on regulations that would implement a law passed quickly by the General Assembly after a years-long lobbying effort by optometrists and their trade group's executive director, Darlene Eakin, left. (C-J photo by Pam Spaulding)

The law allows optometrists to do limited laser treatments, "injections of medicine and removal of benign lesions from eyelids," Wynn writes. The only other state that allows them to do so is Oklahoma, but critics say no problems have been reported in that state and have noted that only 41 Kentucky counties have ophthalmologists.

Ophthalmologists "charged that the rules are not stringent enough to ensure optometrists — who are not medically licensed — can perform the treatments without causing harm," Wynn writes. The rules would require optometrists who want to expand their practice to take classes on more than 20 medical topics, pass tests, get clinical experience and "demonstrate competency to a board-approved expert," Wynn notes. "Lexington ophthalmologist Ken Weaver said wording in the draft resembles 'vague ideas,' rather than medical standards, and could allow an optometrist to perform eye surgeries after a 16-hour course from an unqualified instructor." (Read more)