This article is more than 5 years old. Information may no longer be current.
New Tennessee legislation allows partnerships between ODs, MDs
Click Here to Manage Email Alerts
NASHVILLE, Tenn. — A bill that will allow an optometrist and an ophthalmologist to enter into a partnership relationship was signed into law by Tennessee Gov. Don Sundquist May 8.
HB 2941 will allow an optometrist and an ophthalmologist to enter a partnership relationship, either in a professional limited liability corporation or a professional corporation.
“We have had many instances throughout our state where MDs and ODs work together, but they have been unable to share in the same corporation or professional limited liability corporation,” James Venable, OD, president of the Tennessee Optometric Association (TOA), told Primary Care Optometry News. “One has had to be employed by the other.”
The bill, which was proposed in January, encountered some opposition from ophthalmology, Dr. Venable said. “Their argument was that if a non-MD could be an owner, either in a PC or the professional LLC, then the non-MD could tell the MD how to practice medicine,” he said. “But the reality is, the board of licensure very clearly controls what a professional can or cannot do within the scope of his or her license. This bill simply addresses how an MD or an OD can set up the business side of the practice.
“It went through both the house and the senate without great difficulty,” Dr. Venable continued. “We didn’t see any reason why the governor wouldn’t sign it.”
Dr. Venable said he believes the legislation will bring a sense of equality to partnerships between ODs and MDs. “Now optometrists practicing in the same setting with ophthalmologists will no longer simply be employees in that practice,” he said. “They will have a 50/50 relationship and can have an equal voice.”
Injectables bill withdrawn
A bill that would modify the licensure of optometrists in this state to allow the use of injectable anesthetics has been temporarily withdrawn from state legislature.
“We intend to revisit the injectables legislation, but we want to do it at a time when we can sit down and negotiate with all parties who might have an interest in it,” said Dr. Venable. “We feel we can come to a resolution in that manner, as opposed to a full-fledged fight on the house floor.”
The “caption bill,” which was introduced in late January, would have modified existing legislation without significantly changing the current scope of practice, Dr. Venable said.
Strong therapeutic privileges
“In the state of Tennessee, optometrists have a very good therapeutic bill, probably one of the best in the nation,” he said. “We are authorized to administer any medication, be it oral, topical or injectable, for diseases of the eye and the adnexa as is rational to diagnosis and treatment.”
There is one exception, Dr. Venable said. “While about 30% of the optometrists in the state are certified to use injectables for things like chalazia, the legislation specifically excludes the use of an injectable anesthetic,” he said. “We were looking to remove that restriction so that the optometrist who is duly certified and licensed to use injectable medications could, in fact, use an anesthetic.”
Reasons for withdrawal
Dr. Venable said although the bill would have most likely drawn opposition from ophthalmology, it was not withdrawn in reaction to such objections. “It was a decision by the optometrists in our state,” he said. “We decided that we did not want to go to an all-out fight at this time.”
He added that another factor in the decision is the Tennessee legislature’s current immersion in issues involving the state budget, as well as estate and income taxes.
“It just would not have been appropriate to take up their time with this issue when they have such a full slate,” he said.
Dr. Venable pointed out that the new legislation would not significantly alter optometric privileges in Tennessee. “It will simply allow us to better manage certain conditions that we are already licensed to treat,” he said.
At the forefront of care
Because the state is home to one of the country’s premier colleges of optometry, Dr. Venable said Tennessee values its ability to train young optometrists to be at the forefront of patient care. “We want the scope of our laws to be such that the optometrists coming through the program at the Southern College of Optometry can be trained to the fullest extent, so that they can go to any state and practice,” he said.
In addition, Dr. Venable emphasized the most important reason for expanded privileges – an increased ability to help patients. “We want to make sure we are able to effectively treat the patients of Tennessee to the fullest benefit of our training,” he said, “and we want to prevent duplication of services.”
For Your Information:
- James Venable, OD, is the president of the Tennessee Optometric Association. He can be reached at Eye Health Partners of Middle Tennessee, Inc., 342 22nd Ave. North, Nashville, TN 37203; (615) 327-2035; fax: (615) 327-0438.