Issue: November 2001
November 01, 2001
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Restrictive consultation language lifted from North Dakota law

Issue: November 2001
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BISMARCK, N.D. — Due in part to a grassroots effort by the North Dakota Optometric Association (NDOA), legislators here have deleted consultative language from Optometry’s Practice Act.

The bill, which was signed into law by Gov. John Hoeven on March 15, eliminated language requiring optometrists to consult with an ophthalmologist in treating glaucoma patients. “The impetus for this was the patient inconvenience,” said Mark Helgeson, OD, immediate past president of the NDOA. “As you can imagine, it is difficult for patients to wait for the optometrist to get the OK on a medication.”

Previous restrictions

The previous law stipulated that optometrists must consult an ophthalmologist within 72 hours after initiating glaucoma treatment. This consultation could be done by telephone, letter or fax.

In a survey of NDOA members, it was concluded that the law was more of a hindrance than a help. “It was found to be a burden,” Dr. Helgeson said. “Three days can go by fairly quickly when you are trying to track somebody down. People are busy and hard to reach.”

The NDOA fought for the change through a strong grassroots effort with area legislators, which was organized through a project called “Get Visible,” Dr. Helgeson said.

Optometrists in North Dakota are still required to refer any condition that fails to respond or is worsening.

A “thorn in the side”

Although the proposed amendment met with some opposition from ophthalmology, this resistance was not as fortified as it had been on previous issues.

According to Bruce Moen, OD, president of the NDOA, this could be attributed to the fact that ophthalmologists were also encumbered by the language. “I think it was a thorn in the side for both optometrists and ophthalmologists,” Dr. Moen said. “They would get these phone calls and faxes for the consultation, and there would be no renumeration,” he said. “They would then also have some degree of liability.”

Under the revised law, Dr. Moen said, ophthalmologists are relieved of this obligation. “Now we are assuming the liability ourselves,” he said. “So they don’t have to consult without a fee, and they don’t have to worry about the liability of some other eye care practitioner providing therapy that they’ve approved.”

In addition, Dr. Helgeson said, it has improved the working relationship between North Dakota’s 120 optometrists and 30 ophthalmologists.

“We have strong working relationships with ophthalmologists in this state,” Dr. Helgeson said. “A lot of cooperation takes place.”

For Your Information:
  • Mark Helgeson, OD, FAAO, is immediate past president of the North Dakota Optometric Association. He can be reached at 121 Briggs Ave. N., PO Box O, Park River, ND 58270; (701) 284-7330; fax: (701) 352-1376.
  • Bruce Moen, OD, is president of the North Dakota Optometric Association. He can be reached at Vista Optical, 2400 S.W. 10th, Minot, ND 58701; (701) 852-6836; fax: (701) 852-0971.