The Journal of the Arkansas Medical Society Med Journal Aug 2019 Final 2 | Page 4
WHAT HAVE WE DONE FOR YOU LATELY?
The Eyes Have It – The Fight is On
DAVID WROTEN
EXECUTIVE VICE PRESIDENT
I
t makes me proud to see a
group of physicians stand up
for what’s right. I’ll be even more
proud if you stand with them! Many would argue
that eyesight, of all the senses, may be the most
precious. No offense if you believe otherwise. One
thing we should all agree on is that eye surgery
should be performed by the most well-trained and
experienced professional. That would be, of course,
an ophthalmologist, right?
Not if Act 579 of 2019 goes into effect. Act
579, pushed forward by the state’s optometrists,
would legislate that optometrists – without attend-
ing medical school or a surgical residency – could
use lasers, needles, and scalpels. Thankfully, our
state’s ophthalmologists, through the Arkansas
Ophthalmological Society (AOS), are standing up
and saying enough is enough.
Hopefully, by the time you read this, a
signature-gathering campaign will have gathered
enough signatures (approximately 54,000) to
put Act 579 on the ballot for the 2020 election. If
polling done during the 2019 legislative session
is any indication, the voters of Arkansas will, in
effect, veto Act 579. A rarely used provision in the
Arkansas Constitution allows the public to submit
a referendum on enacted legislation if you can
gather enough signatures prior to the effective date
of the Act (July 23rd). If successful in gathering the
signatures, the Act cannot go into effect unless
approved by the people of Arkansas.
The last time the referendum process was
used was 1994, and the soft drink bottling industry
used it in an unsuccessful attempt to overturn
legislation creating the “soft drink tax.” This tax,
to this day, provides critical funding for Arkansas’s
Medicaid program.
I won’t use this space (at least not this month)
to give you the details and background on just how
this bad legislation (Act 579) became law. Suffice
it to say that our Legislature was overwhelmed
by optometrists who outnumber ophthalmologists
four to one and are involved in every local election.
The General Assembly passed Act 579 in spite of
overwhelming public opposition.
That’s a very important point. The public
strongly believes that only physicians who have
been residency-trained in eye surgery should be
allowed to operate on our eyes. Only three states
– Oklahoma, Kentucky, and Louisiana – allow op-
tometrists to do these procedures, and in each of
those cases, the battle was won through the leg-
islative process and not because the public want-
ed it. And for the record, no one should downplay
the important role that optometrists play in vision
health. But … and this is a big but, they are not
eye surgeons.
During every legislative session, AMS faces a
barrage of scope-of-practice bills. Most of those
involve APRNs and/or CRNAs. They all argue, with
sketchy evidence or proof, that their bills will
increase access to care and that they are well-
trained to do what they want to do. But never has
the issue been more clear-cut than who can per-
form surgery! This is an issue for your profession,
not just for ophthalmologists.
This will be expensive. The signature-gather-
ing campaign must be completed in less than five
weeks. The AOS, its individual members, and its
national organization have stepped up strong and
raised enough to cover the $700,000 price tag.
Once they gather the signatures and get the refer-
endum on the ballot, “Katy bar the door” because
you are now looking at a financial cost with seven
digits to the left of the decimal sign. The optom-
etrists aren’t going to just sit back. They can be
expected to put up a monumental fight.
The implications of winning this battle are
monumental and far-reaching. Most importantly,
it is the right thing to do. Standing up to protect
the safety of medical practice, and in this case
surgical procedures, is an obligation of the pro-
fession that each of you hold so dear.
When the time comes, I hope you will stand
with our state’s ophthalmologists and help over-
turn this unwise legislation.
28 • THE JOURNAL OF THE ARKANSAS MEDICAL SOCIETY
David Wroten
Executive Vice President
Penny Henderson
Executive Assistant
Journal Advertising
Nicole Richards
Managing Editor
Jeremy Henderson
Art Director
EDITORIAL BOARD
Appathurai Balamurugan, MD, DrPH, MPH
Family & Preventative Medicine/Public Health
Tim Paden, MD
Family Medicine
Sandra Johnson, MD
Dermatology
Issam Makhoul, MD
Oncology
Naveen Patil, MD, MHSA, MA, FIDSA
Internal Medicine/Infectious Disease
Benjamin Tharian, MD, MRCP, FACP, FRACP
Gastroenterologist/Hepatologist
Robert Zimmerman, MD
Urology
Tobias Vancil, MD
Internal Medicine
Darrell Over, MD
Family Medicine
EDITOR EMERITUS
Alfred Kahn Jr., MD (1916-2013)
ARKANSAS MEDICAL SOCIETY
2019-2020 OFFICERS
Dennis Yelvington, MD, Stuttgart
President
Lee Archer, MD, Little Rock
Immediate Past President
Chad Rodgers, MD, Little Rock
President Elect
Seth Barnes, MD, Hot Springs
Vice President
George Conner, MD, Forrest City
Secretary
Bradley Bibb, MD, Jonesboro
Treasurer
Danny Wilkerson, MD, Little Rock
Chairman of the Board of Trustees
VOLUME 116