Earlier this month, new legislation was passed in the West Virginia Legislature that updates the current practice of optometry to permit the use of therapeutic lasers.
First things first: Tell me about this legislation.
Introduced into the state’s Senate in February—prior to introduction into the House in March—Senate Bill (S.B.) 535 expands its “practice of optometry” definition.
The current verbiage:
- Refers to the profession as one that involves “examining, diagnosing, and treating of any visual defect or abnormal condition of the human eye or its appendages” within the specific scope established by state law.
Notably, that scope excluded the use of therapeutic lasers.
As such, the updated definition includes that original verbiage in addition to:
- “... and the performance of those procedures taught and trained through schools or colleges of optometry accredited by the Accreditation Council on Optometric Education [ACOE]” or an equivalent.
Speak more about this required training.
The following will be required of ODs:
- Graduation from an accredited school or college of optometry
- Passing of the Laser and Surgical Procedures Examination or other equivalent exam
- Administered by the National Board of Examiners in Optometry (NBEO)
Click here for the complete rundown on certification and training requirements.
And which procedures will be allowed?
The bill permits accredited ODs to use a therapeutic laser and perform specific laser procedures—pending they have been issued an “ophthalmic laser utilization certificate” by the National Board of Examiners in Optometry.
- See here for details on the criteria these ophthalmic lasers must have.
And at the moment: Only three Board-approved procedures will be permitted:
- Posterior capsulotomy
- Peripheral iridotomy
- Selective laser trabeculoplasty
Any chance more may be added in the future?
There’s a possibility. In fact, S.B. 535 noted that further ophthalmic laser procedures could be added if the Board determines they meet two key criteria, one of which involves FDA approval.
- See here for the second.
Nice! So when will this bill take effect?
While S.B. 535 was passed on May 1, it won’t become law until July 9.
But when it does: West Virginia will be the 14th U.S. state to permit ODs to perform some form of surgical procedures—just days after Montana becomes the 13th state (on July 1).
Let’s talk big picture.
National input: As the American Optometric Association (AOA) noted, S.B. 535 is not only a major victory for West Virginia-practicing ODs but also their patients, “especially those in rural and underserved areas.”
State input: Echoing similar sentiments, West Virginia Association of Optometric Physicians (WAOP) President Laura Suppa, OD, stated that the essential and timely care ODs will be permitted to provide—without patients needing to travel long distances or wait weeks for an appointment—is “a win for public health and for West Virginia.”
And how is scope expansion progressing across the country?
As we reported earlier this month, progress is slowly but surely being made—despite setbacks in some states (New Mexico, for instance).
Supporting this expansion: In a research paper published last month evaluating the impact of such scope reform in the 12 states currently permitting OD-performed laser procedures, investigators noted it has led to:
- An increase in the number of Medicare beneficiaries receiving laser procedures from ODs
- An “increase in competition and gradual incremental substitution” between optometrists and ophthalmologists in the market for YAG procedures
- Larger impacts in rural areas versus urban area—indicating more benefits for patient populations with severe access problems
Sounds promising. Lastly, how can I get involved in advocating for this expansion?
The AOA has established a few advocacy-based initiatives supporting scope advancements on a national and regional level.
Two notable efforts to highlight:
- The AOA State Government Relations Center (SGRC) Regional Advocacy Meetings
- The AOA Future Practice Initiative
- Learn about this operational advocacy partnership
See here for more legislative news.
*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.