West Virginia Gazette

Section: Perspective

22 March 2009

By: Phil Kabler

March Madness: Some of the most contentious bills over the years have dealt with health-care professions protecting their turf when it comes to authority to perform various procedures. Most recently , there was a tug-of-war among dentists, dental hygienists and dentist assistants over what procedures the latter two could perform without a dentist present.

This year, the fight is between ophthalmologists and optometrists over proposed legislation to allow optometrists (who receive four years of vocational training) to perform certain surgical procedures (primarily, laser surgery) currently restricted to ophthalmologists (who are physicians).

Depending on who you talk to, the disagreement literally got physical last week, following a House Health and Human Resources subcommittee meeting on the legislation (HB2978).

Following the meeting, there was an altercation in the East Wing hallway between Charleston ophthalmologist Dr Lawrence Minardi and Nelson Robinson, who lobbies for the state Optometric Association.

According to those siding with the ophthalmologists, Robinson shoved Minardi.

State Journal

Section: Government

By Walt Williams

Charleston – Eye-care specialists are at odds over a proposed law that would give the state’s optometrists more authority to prescribe medications and perhaps perform some minor surgeries.

The proposal has pitted the West Virginia’s optometrists against nearly the rest of the state’s medical community, which has lined up in opposition to the legislation. However, optometrists said they are seeking what already is available to their counterparts in a majority of states. The legislation’s opponents are mischaracterizing the bill by claiming it would give them the authority to perform eye surgery.

“This bill is not about optometrists doing surgery,” Bill Radcliff, a Huntington optometrist, said. “It’s about changing an antiquated (law) that tries to specifically outline what medication may be provided only now but in the future.”

The Charleston Gazette

August 11, 2009

By Phil Kabler

Kanawha Commission chief links most crime to drugs and alcohol

Kanawha County Commission President Kent Carper told legislators Monday the solution to adequately fund the state’s regional jail system is not complicated – but does require political courage.

“No one wants to admit, if you hold public office, that you raised a tax,” he told a legislative interim committee on regional jails and correctional facilities.

Kanawha County, along with other counties in the state, is seeing more and more of its operating budget go to pay costs for housing prisoners in state regional jails.

Since alcohol or drugs contribute to the incarceration of roughly four of every five inmates, Carper said it makes sense to raise taxes on alcohol, beer and wine to help fund the regional jails.

Revenue from the increased excise taxes on alcohol could go into a fund that currently helps counties offset about 10 percent of their costs for housing inmates in regional jails.

West Virginia Scope of Practice Expansion Bills Under Study

May 2009

Optometric Management (www.optometricmanagement.com)

Although identical House (H.B. 2978) and Senate (S.B. 570) optometric scope-of-practice expansion bills before the West Virginia legislature didn’t pass during the state’s last legislative session, the Legislative Interim committee will study the subject, as per House Concurrent Resolution 46 (visit ww.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/BILLS/hcr46%20intr.htm).

The House and Senate bills were designed to lift practice restrictions on the state’s licensed O.D.s, while allowing the state Board of Optometry to regulate practice in West Virginia. (Visit www.legis.state.wv.us/Bill_status/bills_text.cfm?billdoc=hb2978%20intr.htm&yr=2009&sesstype=RS&i=2978 to view the House bill, which again, is the same as the Senate Bill.)

“The current scope of practice law is antiquated, given the evolvement of medical technology, which has translated to new training at accredited optometry schools,” says Chad D. Robinson, executive director of the West Virginia Optometric Association (WVOA). “The bills seek to allow an optometrist licensed in West Virginia to practice what they have been taught in or properly trained in through an accredited school of optometry. In other words, if the optometrist is properly trained in a specific clinical practice, these bills say he should be able to perform that clinical practice in West Virginia.”

An example of a clinical practice in which several O.D.s have undergone training, though the current law doesn’t allow: Injectable drugs for age-related macular degeneration.

Mr. Robinson adds that West Virginia O.D.s believe that patients will receive better care and more access to eye care in the state with these restrictions lifted.

The Legislative Interim Committee, comprised of House and Senate members, meet monthly to study topics that have been decided at Session’s end.

If the committee can come up with a proposal, they’ll make these recommendations to the full body of the Legislature. This could be the agreed upon bill language. The 2010 legislative session begins in the second week of January.

“We will know more later this year,” says Mr. Robinson. “Our association is determined to work on this issue until it’s resolved.”