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Judge denies injunction in AOS lawsuit against ABO
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A federal court judge ruled in favor of the American Board of Optometry in the false advertising lawsuit filed by the American Optometric Society, according to an ABO press release.
According to an AOS press release, the Honorable Judge A. Howard Matz “failed to rule that the use of the term ‘board certification’ would mislead or harm the public, because he felt it could not be shown that a consumer of eye care services would be harmed by assuming an ABO-certified OD was more qualified or better trained than a non-certified OD.”
The ruling was decided at the close of the plaintiff’s case, and the ABO was not required to put on a defense, according to the ABO.
This final ruling did not affect the earlier injunction issued by the court that prohibits the ABO from claiming its program represents competence beyond that required for licensure, according to the AOS.
“This is a historic moment for optometry,” Paul C. Ajamian, OD, ABO, chairman of the board, said in an ABO press release. “The judge’s ruling will allow the profession to move forward and reunite.”
“Judge Matz did not address whether or not the ABO is a legitimate board certification program,” Pamela Miller, OD, JD, president of AOS, said in an AOS press release. “While an injunction would have been preferable, there is still no evidence that a misleading general board certification program in optometry is necessary or will be required by third party payers of the government’s Medicare and Medicaid programs.”
American Optometric Association President Ronald Hopping, OD, MPH, issued a statement that the ruling is seen “as support for the five forward-thinking professional organizations (Association of Schools and Colleges of Optometry, American Academy of Optometry, American Optometric Student Association, National Board of Examiners in Optometry and AOA) that saw the need for board certification for our profession and who designed and recommended the board certification program to the ABO.”
Hopping asked for help in healing the profession and moving it forward. – by Cheryl DiPietro