One month following the Florida House and Senate’s passing of SB230, a proposed bill that sought to potentially ban optometrists from referring to themselves as physicians, the legislation has been vetoed by the states’ governor.
Refresh me on this Florida bill first.
Senate Bill 230, filed in the Florida Senate in February, referred to the usage of health care practitioners’ (HCPs) titles and abbreviations in advertisements, communications, and personal identification.
The bill required for HCPs to disclose the type of license under which an individual practitioner is authorized to provide services along with their title and abbreviations specified by the bill when treating patients.
Further, it laid the groundwork for disciplinary action and license denials by a practitioner's regulatory board.
Click here for some background on optometry legislation.
What was the concern?
The American Optometry Association (AOA), a vocal advocate opposing the legislation since it was filed in the Florida Senate in February 2023, stated that while the bill did not refer to optometry specifically, “the proposed ban on the use of the term ‘physician’ in any capacity potentially conflicts with the recognition of physician status for optometrists under federal law utilized by Medicare.”
Further, the AOA argued that the title restrictions could set a precedent that might be used against doctors of optometry in regards to their qualifications (and access) to provide patient care, particularly for those specializing in certain areas within the field.
See here and here for more details.
What’s the legislation update?
The Florida House and Senate voted to pass the bill last month and sent it to Gov. Ron DeSantis to sign.
However, according to the Florida Senate records, the governor vetoed the bill on June 2, 2023.
See here for the official notification.
And what about the state’s optometric association?
The Florida Optometric Association (FOA)—which, along with AOA, has been mobilizing optometrists, optometry students, staff, and patients to fight the legislation—spoke to Glance via email, expressing the organization's Board of Trustees’ and Legislative Chair’s gratitude toward Gov. Ron DeSantis seeing that the bill “discriminated against the honorable profession of optometry and that the role optometrists play in the delivery of quality eye care for all Floridians will not be diminished or tarnished in any way,” the FOA stated.
“The FOA Board of Trustees wants to thank everyone across the state of Florida and around the country who took the time to write or call the governor's office asking for a VETO,” the organization wrote. “We also wish to thank the AOA and the AOA staff, every state association and the many individuals, entities and organizations for their ongoing support of Florida optometry."
And how has the AOA responded?
In a statement to Glance, AOA President Ronald L. Benner, OD, noted Gov. DeSantis’s veto as “a powerful message of support for and recognition of optometry’s essential and expanding role in health care.”
“The FOA fought and prevailed in a challenging battle and did so by remaining confident in the knowledge that truth, fairness and the needs of patients across the Sunshine State would prevail,” Dr. Benner stated. “I’m proud to say thank you to Gov. DeSantis, the FOA and colleagues from across the country who helped ensure that our profession was heard loud and clear.”
Any other notable legislation to be aware of?
In Connecticut, Raised SB-1016—which targeted concerns regarding health care providers’ (HCPs’) advertising and excluded optometrists—was introduced in February 2023.
It later failed a motion in March 2023.
Other legislation filed this year includes:
- Connecticut: Raised SB-899 (introduced Jan. 25, 2023)
- California: AB-765 (introduced Feb. 13, 2023)
- Massachusetts: Bill H.3606 (introduced March 9, 2023)
- Texas: HB 2324 (introduced March 9, 2023)
- Wisconsin: SB143 (introduced March 23, 2023)
- North Carolina: H576 (filed April 5, 2023)
*Disclaimer: The information provided in this article does not and is not intended to constitute legal advice; instead, all information, content, materials available herein are for general information purposes only.