| Greensheet – August 1999
- Table of Contents -
NOTICE: This will be the last newsletter you will receive produced by IAB. Your next issue will be a publication of the Association of Regulatory Boards of Optometry (see following story). As all of the activities taking place at the recent Annual Meeting were conducted under the aegis of the IAB, please note that the acronyms IAB and ARBO will be used interchangeably throughout the Greensheet depending on references to the past, present or future. END OF AN ERA – IAB ENDS, ARBO BEGINS> -- IAB Changes Name to "Association of Regulatory Boards of Optometry" In a momentous development that saw short but passionate arguments from both sides during debut, the International Association of Boards of Examiners in Optometry (IAB) amended its Bylaws at the June 20-22 Annual Meeting, held in San Antonio, Texas, to become the Association of Regulatory Boards of Optometry (ARBO). This is the second name change the organization has undergone in its 80-year history, having amended its original 1919 name of International Board of Boards (IBB) to International Association of Boards of Examiners in Optometry (IAB) in the late 1920’s. The proposal, placed before the House of Delegates on the first morning of business as part of a Bylaws change, was debated for only a brief period before delegates urged IAB President Dr. Steve Eyler to call for a vote. The two-thirds majority vote needed to adopt the change was captured in a close 27-to-9 split (each of the 38 attending boards are permitted one vote). The decision to change the name owed as much to the work of the IAB Board in promoting and supporting the change priorto the conference, as it did the emotional appeal of traditionalists in the House to retain the existing name. Newly appointed President Dr. James Hartzell, in an interview held shortly after the conclusion of the Annual Meeting, described this historic change "as a significant move forward in forging and strengthening our identity." When asked ‘why now?’, he went on to add, "establishing a new, strong identity for IAB has become critical as the success of our programs, and especially of programs that are planned, will raise the awareness of IAB in the minds of the optometric public as never before. This is simply the most compelling moment to make such a far-reaching change." At the conclusion of the successful vote, President Dr. Steve Eyler informed the House that work had already begun on developing a new logo for ARBO, and that the new look will be incorporated into an "awareness" campaign scheduled to roll out later in the year. The meeting, held over three days, brought together 71 representatives from 38 boards of optometry, as well as other invited speakers and guests. Total attendance at the Annual Meeting was 95 individuals representing 46 various organizations. The three-day meeting opened on Sunday, June 20 with two unique workshops. The morning session saw the repeat of the popular National Board Workshop, presented by the staff of the National Board of Examiners in Optometry. This interactive presentation allowed the delegates to gain a first hand look at the workings behind the organization that administers the primary licensing exam for optometrists in the U.S. The NB Workshop gave attendees a chance to question NB staff on the ‘mechanics’ of exam construction and testing techniques while also engaging in lengthy discussions on the future of the "National Boards" (including a review of the merging of Part III components, VRICS and Patient Management Problem (PMP’s) tests). Capping the session was a report on the survey on the proposal (which has now been shelved) to investigate the integration of Parts I and II into a single exam. Executive Director Norman E. Wallis, Ph.D., O.D., and NB Director of Psychometrics and Research Leon J. Gross, Ph.D., represented the National Board at this workshop. The Sunday afternoon session began with an update report on the continuing development of the Federal anti-fraud and abuse initiative called the Health Care Integrity and Protection Data Bank (HIP-DB). Special guest speaker Cynthia Grubbs, RN, JD, a senior public health policy analyst with DHHS, Division of Quality Assurance, gave attendees a status report on the progress of HIP-DB, and answered questions on state board involvement in the databank. Dale Atkinson, JD, IAB’s legal counsel, also participated in the session and shared his thoughts on the possible ramifications to state boards that participate in the data bank, and consequences if they don’t. Robert Nyre, O.D., Chair of the IAB’s Information & Data Services Committee, facilitated the session and fielded attendee questions on compliance with HIP-DB reporting requirements, and the role of IAB in disciplinary data collection efforts. Dr. Nyre concluded the first afternoon session by reviewing the progress of the National Optometric Data Bank (NODB), and discussed with workshop attendees the benefits of sharing licensee data with the IAB. Dr. Nyre enumerated the benefits of a databank that pooled licensee information, both demographic and disciplinary in nature. The second afternoon workshop was hosted by the State Board Executive Directors/Administrators Committee and began with a presentation from Jim Comer of Comer Communications, a motivational speaker who focused on educating attendees on methods of talking with the media and making public presentations. Committee chair Ms. Lois Ewald then facilitated discussions during the latter part of the afternoon on improving "customer" service, before inviting all meeting attendees to a Welcome Reception early in the evening. The IAB House of Delegates convened on Monday, June 21, and began two days of discussions and presentations that addressed the issues that currently impact licensing jurisdictions, and the laws and regulations that govern the scope of optometric practice. In addition to the business of the association, the House of Delegates considered or reviewed the following key issues: progress on the work of the Council on Optometric Practitioner Education (COPE); an update presentation on Telehealth; and reports from several allied organizations, including the Association for Schools and Colleges of Optometry (ASCO); the American Optometric Association (AOA) State Government Legislation Office; the AOA’s Licensure & Regulation Committee; and the American Optometric Student Association (AOSA). The summary report of the National Optometric Continuing Education Conference (NOCEC) and the topic of telehealth played big roles at this year’s Annual Meeting. Dr. Charles Harrill, Chair of the Contemporary Issues in Optometry Committee, and co-host of the conference held in April in Oak Brook, IL, presented the NOCEC summary report, with detailed comments on the conclusions reached by the report’s authors. Dr. Harrill noted that the IAB would be following up with participating organizations on the work areas identified with each group. Later that same day, in a follow-up presentation to last year’s telehealth report, the IAB Telehealth Committee hosted a panel discussion featuring Drs. Jerry Strickland (Dean, Univ. of Houston), Paul Peng (Asst. Clinical Professor, UC-Berkeley) and Russ Jones (President, Arizona State Board of Optometry), and Dale Atkinson, Esq., (IAB Legal Counsel). Dr. John Lewis, committee Chair, moderated an informative discussion that drew on several levels of the telehealth issue, from the private practitioner, to activities at the schools/colleges, to the views of state boards. Dr. Paul Peng, who is Director of the UC-Berkeley's China Optometric Resource Development Project, educated delegates on the potential of telehealth in optometry with remarkably detailed retinal and corneal images taken using widely available and fairly inexpensive equipment. Dale Atkinson provided a succinct overview of the potential legal minefield that could lay ahead for unwary boards, while Dr. Strickland presented details on the success of the UH School of Optometry work with inner-city populations. Dr. Russ Jones rounded out the panel discussion by expressing his opinions on the regulatory controls that are necessary for the successful adoption and administration of telehealth statutes. The IAB Board Directors also chose the Annual Meeting to present to the delegates the development of a new service – Opt-App. Delegates heard from Board Director Dr. Robert Sorrell and Executive Director James Vrac on the concept of a health care panel application processing service, designed to be entirely Internet-based, and intended to help standardize credential verification reporting for optometrists. Dr. Sorrell noted that the project will also create a resource for additional data verification for licensure applications during later stages of the project’s development. More extensive coverage of this topic will appear in the next issue of the Greensheet. The House of Delegates chose this occasion to recognize out-going IAB President Steven H. Eyler, O.D., who passed the gavel to incoming President, James W. Hartzell, O.D. Dr. Eyler, who remains on the IAB Board as immediate past president, was presented with a handsome wall plaque recognizing his contributions to the IAB and commemorating his service as President. Frank L. Salimeno, O.D., and Donovan L. Crouch, O.D., were elected as Vice-President and Secretary-Treasurer respectively for the 1999-2000 term. The House of Delegates also passed four resolutions which the Judicial Council has already reviewed and approved. The full text of all resolutions follows this synopsis:
WHEREAS, Dr. Rinearson has performed an outstanding service during her four consecutive years on the Council on Optometric Education (COE) on behalf of the International Association of Boards of Examiners in Optometry; and WHEREAS, her service has been exemplified by sterling qualities of leadership which underlie her personal successes and those of the Council on Optometric Education; and WHEREAS, Dr. Rinearson has given outstanding service to the profession of optometry in various other capacities; and WHEREAS, the member boards of this Association wish formally to acknowledge Dr. Rinearson’s distinguished contributions to the Council on Optometric Education, the Association, and the profession; now, therefore, be it RESOLVED, that the International Association of Boards of Examiners in Optometry, at this 80th Annual Meeting, express its sincere thanks to Dr. Rinearson for her distinguished service and outstanding contributions. WHEREAS, The Council on Optometric Education has made an on-site visitation to three (3) schools and colleges of optometry and sixteen (16) residency programs; and WHEREAS, The Council has listed those schools and colleges as having achieved the accreditation classification of either Accredited or Conditionally Accredited; and WHEREAS, The Council has reported its activities and recommendations regarding accreditation to the IAB at it’s June 1999 Annual Meeting; now, therefore, be it RESOLVED, That the International Association of Boards of Examiners in Optometry, at this 80th Annual Meeting on June 22, 1999, accepts the report of the Council on Optometric Education of the American Optometric Association as submitted and recommends to its member boards that the "accredited" status bestowed by the Council on Optometric Education be accepted by the member boards of the IAB for accrediting purposes as may be required by state laws. WHEREAS, the International Association of Boards of Examiners in Optometry (IAB) recognizes that the collection, correlation, and dissemination of demographic and regulatory data on Optometry is a worthy project; and WHEREAS, mobility of licensure is an issue that requires interstate data exchange and verification; and WHEREAS, federal initiatives may require member states to develop and participate in complex reporting requirements; and WHEREAS, the National Optometric Data Bank (NODB) will provide a platform to support the states’ information and security needs while protecting the Optometric practitioners’ information security; now, therefore, be it RESOLVED, that the International Association of Boards of Examiners in Optometry endorses the National Optometric Data Bank Project (NODB 2000) to collect and maintain a safe and secure Optometric Data Bank. WHEREAS, The International Association of Boards of Examiners in Optometry has moved their administrative offices into an independent setting in the last year; and WHEREAS, The Executive Director has demonstrated exceptional leadership skills in association with this move; and WHEREAS, His willingness to work as long and as diligently as necessary to "get the job done"; and WHEREAS, He has demonstrated excellent communication skills in interacting with State Boards of Optometry and the IAB Board of Directors; and WHEREAS, He as shown genuine interest and talent in moving IAB forward into the next millennium; now, therefore, be it RESOLVED, that at this, ts eightieth meeting, the House of Delegates of the International Association of Boards of Examiners in Optometry wishes to express its sincerely appreciation to Mr. James Vrac for his dedication to the profession of Optometry. NATIONAL OPTOMETRIC CONTINUING EDUCATION CONFERENCE SUMMARY REPORT PRESENTED TO DELEGATES Dr. Charles Harrill, Chair of IAB’s Contemporary Issues in Optometry Committee, presented a summary report of the National Optometric Continuing Education Conference (NOCEC) to the House of Delegates on June 22. Dr. Harrill first annunciated IAB’s goal in calling the conference: to elicit the deliberate and critical assessment of the current status of continuing education (CE) as it pertains to the profession of optometry. Reporting on the high level of participation at the conference, Dr. Harrill described the conference "as a watershed event in addressing the future of continuing education", and presented an analysis of the four major conclusions developed by the report’s authors: Post-Doctoral, Accredited Learning Tracks Post-doctoral, accredited learning tracks that focus on the maintenance of general skills (or core competencies), offer a feasible option to state boards to influence the different areas of learning acquired by licensees. Learning tracks, coupled with a formalized outcomes assessment tool, may also provide a basis for the credible re-assessment of CE as a valid form of practitioner competency assurance, albeit this may not be measurable in the formative stages. Recommendations:
New forms of technology-driven CE delivery are emerging and signify a potentially radical impact in how CE is viewed by the profession. All parties – educators, CE providers, state boards, and practitioners – will be affected. However, to realize the potential of what is a vehicle for the delivery of CE (and not a change in the fundamental precepts of the learning experience), we must consider logistical solutions that expand the capabilities of how CE and the learning experience interrelate. Recommendations:
Post-course testing is generally accepted as the most viable measure available that can enhance the CE learning experience. However, in its present form it is inconsistent, erratic, and has no standardized format, thus detracting greatly from its potential effectiveness. At the very least, the development of a formalized structure for post-course testing is necessary to provide the basis for some form of quality control. Recommendations:
The profession needs to sponsor the development of an outcomes assessment that will address the issue of CE’s credibility as a form of practitioner competency assurance and help determine its future progress. Recommendations:
Two copies of the final report have been mailed to the contact representative of each IAB Member Board. If you wish your own copy, please contact Jim Vrac at the IAB office at jvrac@iabopt.org or call (301) 913-0641 and we will be happy to mail you a copy. IAB ELECTS LEADERSHIP FOR ARBO 1999-2000 At the IAB’s 80th Annual Meeting in San Antonio, Texas, James W. Hartzell, O.D., was elected President of the newly-named Association of Regulatory Boards of Optometry (ARBO) for the 1999-2000 term, and incumbents Drs. Linda Dejmek and Steve Eyler were re-elected. Dr. Hartzell was elected to the IAB Board of Directors in 1994, and is currently Secretary-Treasurer of the National Board of Examiners in Optometry (NBEO) and a past president of the Iowa Board of Optometry Examiners. Frank L. Salimeno, O.D., of Ogden, Utah, retains his position as Vice-President, while Donovan L. Crouch, O.D., of Storm Lake, Iowa, steps into the role of Secretary-Treasurer. Dr. Salimeno previously served on the Utah Optometrist Licensing Board, and Dr. Crouch has recently rotated off the Iowa Board of Optometry Examiners. In an interview held shortly after the IAB Annual Meeting concluded, Dr. Hartzell noted the beginning of a new administrative year for the newly-named ARBO and stated his primary goal, remarking, "above all else, I want to establish ARBO as a financially secure organization." Dr. Hartzell went on to state that his biggest challenges for the coming year will be, "staying focused on ARBO's two major priorities: 1. Ensure that COPE remains strong and continues to grow as it provides more services and becomes more valuable to CE providers, member boards, and to individual optometrists. 2. Devote whatever energy and resources that are necessary to make our new "Opt-App" practitioner application service successful." Dr. Hartzell, a 1969 graduate of the Illinois College of Optometry, is based in private practice in Des Moines, Iowa. After service with the Iowa Optometric Association, including President in 1979-80, he was appointed to the Iowa State Board of Examiners in Optometry in 1985, serving as chair in 1986. He is a member of the AOA, AAO, and was instrumental in the development and implementation of the AOA’s Professional Enhancement Program. Dr. Hartzell is actively involved in community affairs where he is serves on the Board of the Iowa Society to Prevent Blindness, and is also active with the United Way Campaign, St. Paul’s Episcopal Church, the Rotary Club of Des Moines, and the Des Moines Symphony Society, to name but a few. He is a U.S. Handball Association certified referee and was Masters Single champion of the Omaha Midwest Roundup Tournament in 1991. The IAB Board retains all incumbent members for the 1999-2000 year as Drs. Linda Dejmek and Steve Eyler (now Immediate Past President) were re-elected to office. Both are serving their second and final terms on the Board. The rest of the Board Directors are: Howard F. Flippin, O.D., of Searcy, Arkansas; Mary L. Freitag, O.D., of Greeley, Colorado; D.R. Gordon, O.D., of Clinton, Illinois; Russell W. Jones, O.D., of Flagstaff, Arizona; and Robert L. Sorrell, O.D., of Middletown, Ohio. DR. JAMES HARTZELL IS ELECTED ARBO PRESIDENT 1999-2000 In an interview held shortly after the IAB Annual Meeting concluded, Dr. Hartzell noted the beginning of a new administrative year for ARBO and stated his goals for the coming year. The full text of the interview follows: How did you get involved with the IAB/ARBO and/or your state board? My involvement with optometric regulation began with my appointment to the Iowa State Board of Examiners in Optometry. I have the privilege to serve as optometrist to Governor Terry Branstad and his family, and having been through the chairs of the Iowa Optometric Association in the 1970s, the Governor appointed me to my first of three three-year terms on the State Board in 1985. I was president of the Iowa Board of Examiners for eight of my nine years, and served during the period in which Iowa broadened its optometry law with DPA, TPA and Glaucoma amplifications. In each of those nine years I attended the IAB Annual Meetings as a Delegate from Iowa, and during which time I served on several annual meeting committees. From 1991 to 1993 I was a member of the National Board of Examiners in Optometry Ocular Visual Biology--Ocular Disease/Trauma Examination Development Committee. In 1990 I was honored to chair a National Board Clinical Skills Examination Task Force, and was a member of the Treatment and Management of Ocular Disease Task Force in 1992. I was nominated by the IAB House of Delegates and elected in 1993 to the National Board as a Board Director, and the following June I was elected as a Director by the House of Delegates to the IAB Board of Directors. How has the IAB/ARBO changed over the years since you joined the Board? In my view, and in my 14 years association with IAB, numerous major changes have taken place, culminating in changing our name to the Association of Regulatory Boards of Optometry (ARBO) by action of the House of Delegates at our Annual Meeting just completed this June in San Antonio. The name ARBO more accurately describes our federation of regulatory boards, both now and for the foreseeable future. While eliminating the word "International" removes the misperception that IAB was the International association of regulatory boards, this action still doesn't preclude other countries from membership in ARBO. The word "Regulatory" replaced the word "Examiners" since regulation is projected to be the primary function of our member boards. The Council on Optometric Practitioner Education (COPE) began in 1995 as a concept to assist ARBO member boards with handling and processing time consuming and duplicative paper work associated with approving required licensee's continuing education. COPE is now accepted by fifty (50) member boards and by the profession's major CE providers (including the American Optometric Association, the Association of Schools and Colleges of Optometry, the American Academy of Optometry, and the large regional educational meetings around the country), as the profession’s national clearinghouse for approving continuing education for optometrists. The July 1, 1998 - June 30, 1999 fiscal year saw COPE process a record 1,304 courses, making for a total of 3,039 courses since its inception. Over the course of many years, ARBO has developed and maintained a National Optometric Data Base (NODB). Contained in this data base is a collection of all the currently available information on individual licensees in this country, supplied on a regular basis by the various regulatory state boards. This data base will now be used as the basis for a new ARBO program entitled "Opt-App" which was presented to, and accepted by, the House of Delegates at the Annual Meeting. Test marketed last spring, ARBO is embarking on a valuable new service which will assist optometrists with the tedious and repetitious task of filling out applications for managed care panel memberships. Marketing plans are being developed, and "Opt-App" is scheduled to be rolled out by the end of the year. Probably the single most significant change I have observed in ARBO is its leadership. Leaders at all levels in the ARBO volunteer structure are coming forward and are making a difference. There was a time when many individuals had to be coaxed and persuaded to serve as members of the volunteer structure. Times have changed. Much of what ARBO committees do is exciting and worthwhile. Current committee members have asked to be re-appointed, and as much as twenty percent of the 1999-2000 structure is infused with new members who want to be involved. In addition, ARBO has an enthusiastic and committed board of directors; people who are willing to take time from their practices and devote considerable personal effort to making ARBO become a major force in the optometric community, both nationally and internationally. What do you see as the primary role for IAB/ARBO? One of the reasons interest in ARBO is growing, is the organization’s recognition and attention to its primary purpose, that of assisting member boards in dealing with issues and topics of mutual interest and concern. In the last several years ARBO has addressed, in depth, contemporary issues such as telehealth, continued competency, licensure by endorsement, and continuing optometric education. This April ARBO hosted a National Optometric Continuing Education Conference which was attended by all of optometry's leaders in the field of continuing education (see separate article this issue). How can IAB/ARBO ensure that it stays relevant to its member boards? The Board of Directors has devoted a great deal of effort in recent years to developing a purposeful long range plan and an updated mission statement for ARBO. These plans weren't developed in a vacuum. They reflect ideas and input from our constituency: the member boards. Much of the reason for having an annual meeting and regional meetings each year is to listen to what member boards have to say and make note of what member board want us to do. This year every director has been assigned to liaise with a regional or national meeting. I think the current board of directors has the confidence and trust of our members to listen and be responsive to their needs. What are your main goals for your year as President? Above all else, I want to establish ARBO as a financially secure organization. Until recently, ARBO has relied almost exclusively on revenues derived from an agreement with the National Board of Examiners in Optometry. The National Board, whose board of directors is composed of representatives from ARBO, ASCO and one public member, recognizes the need to support ARBO...and does. But ARBO has needed additional sources of income so as not to be financially vulnerable. While COPE was never intended to be a "for profit" entity, it is intended to be revenue neutral. COPE has operated every year on a deficit budget. So has ARBO's Information & Data Services Committee. This year, with COPE being on sound financial footing, with projected revenues from the new ARBO "Opt-App" program, and with a newly adopted investment policy, ARBO stands to be as financially secure as it has ever been. And more importantly, the future looks bright! What do you think your biggest challenge will be? Staying focused on ARBO's two major priorities: 1. Ensure that COPE remains strong and continues to grow as it provides more services and becomes more valuable to CE providers, member boards, and to individual optometrists. 2. Devote whatever energy and resources that are necessary to make our new "Opt-App" practitioner application service successful. How would you like to be remembered after your term is over? When things don't go as planned, the president ultimately has to take the heat (the buck stops there). On the other hand, for a president to take credit for an organization's successes is foolish. ARBO's success will only result from a team effort, and I'm a team player. I would like to be remembered as a member of a group of dedicated volunteers who improved ARBO's viability and elevated its stature. Tell the members a little about yourself. What do you do to relax? The major elements in my life are my faith, my home and family, optometry (practice and volunteerism), and handball--with minors in any kind of fix-it projects, photography, golf and travel. Every day is a blessing, and I am thankful for each day, and what I have, and what I can give back. While things like winning a handball tournament are a real highlight, simple things give me the most enjoyment and relaxation: like taking my wife, Debby, out to dinner/lunch, doing things with the kids, going to the YMCA. And, as I get older, I have to admit that as much as I have always enjoyed going to the office in the morning, I am now looking forward to a little more time off. Is there anything you’d like to say to the members? My feelings about ARBO now mirror my feelings back in the 1980s when we in Iowa went through the process of expanding its scope of practice. Looking back, I was glad to have been there during such a historic time and to have played an active part in changing our profession. I know, too, that when I reflect someday on my days with IAB/ARBO, I'll be glad I was there and contributed to ARBO's coming into its own. I'm looking forward to working with everyone to take ARBO to the next level. Visit the newly redesigned COPE web-site at http://www.arbo.org/cope/Archive/copehome.htm! Our new changes include the ability to:
COPE has received over 3,039 courses since it’s inception on January 1, 1995; has granted the COPE Qualified Administrator designation to over 150 organizations/individuals; and approved over 750 programs. Watch for more details in the next issue of the Greensheet on changes to COPE that will go into effect during the latter part of 1999! COUNSEL'S CORNER Past Conviction … Present Restriction Regulatory boards which actively protect the public by enforcing the profession through the practice act and pursuant to authority granted from the legislature will encounter the necessity to discipline a licensee. Final disciplinary actions will either be negotiated informally and agreed upon between the parties or contested in a formal hearing following the state administrative procedures act. Irrespective of the procedures utilized in determining the eventual sanction, it is imperative that regulatory boards include reinstatement rights within the final order. Reinstatement rights, including the remedial measures which must be undertaken by the disciplined licensee, will provide both the licensee and future board members with the parameters under which one’s license may be reinstated. Obviously, should a licensee’s right to practice be removed permanently, assuming the regulatory board maintains such authority, such should also be stated within the final order. Illustrating issues which may arise during a reinstatement petition is the following recent opinion. A physician, within an ophthalmology practice, was accused of forging prescriptions in the name of his then patients. Eventually, these allegations resulted in a criminal felony conviction in 1986 of conspiracy to distribute Schedule II narcotics in violation of federal law. As a result of this criminal conviction, the physician’s license to practice medicine in Ohio was revoked. In 1990, the physician (applicant) applied to have his medical license reinstated. Following a hearing, the board denied the application for lack of authority to reinstate a medical license following its revocation. This board decision was eventually overturned by the appellate court which remanded the matter back to the board stating that the board may reinstate an applicant’s license to practice medicine following revocation if the board’s order does not indicate that the revocation is permanent. Bouquett v. Ohio State Medical Board, 598 N.E.2d 762 (Ohio App.Ct. 1991)) Thereafter, in June 1992, the applicant filed a second application for reinstatement of his license to practice medicine. In February 1993, the board notified the applicant that it intended to deny his application. The applicant requested a hearing on his application which was held before a hearing officer for the board. At the hearing, the applicant testified that he tried to put the conviction behind him after serving five months in prison. He also stated that he satisfied his community service requirements and was ready to "move on with his life." However, the applicant also continued to deny he committed the acts for which he was charged and convicted. He also denied having conspired to write prescriptions for other than legitimate patient needs. The applicant basically only admitted that he allowed himself to become involved in a situation where he was "open to accusations." The board adopted the hearing officer’s recommendation without exception and denied the application for reinstatement. Thereafter, the applicant timely appealed the board’s order which was affirmed before the Ohio Common Pleas Court. The applicant appealed the matter to the Ohio Court of Appeals. On appeal, the applicant made numerous arguments assigning error to the actions of the board. In one of his arguments, the applicant contended that because the board relied solely upon his 1986 criminal conviction as the basis for its refusal to reinstate his license, the board’s order was not supported by substantial, reliable and probative evidence. In rejecting this argument, the court of appeals cited Ohio law which provides that the board may refuse to reinstate an applicant based upon a judicial finding of guilt of a violation of any federal or state law regulating the possession, distribution or use of any drug. However, the applicant contended that the board was required to find "new" grounds in order to support its decision to deny reinstatement rather than base its decision upon the original act which led to revocation. The appellate court rejected this argument stating that no authority in support of this contention existed. Specifically, the court of appeals cited Ohio law for the proposition that even absent new evidence, the board’s statutory authority allowed it to consider the applicant’s admitted drug conviction as grounds for denying licensure reinstatement. The court continued stating that even if additional support was required for the board to refuse reinstatement, the applicant’s continued denial of wrongdoing provided additional justification to support the board’s ultimate determination. The appellate court also rejected the applicant’s constitutional arguments under equal protection and due process grounds generally stating that the applicant was provided with appropriate notice, formal hearing and the opportunity to present evidence before a fair and impartial tribunal. Accordingly, the appropriate constitutional protections had been afforded and no assignment of error existed. In general, the court stated that a state may act pursuant to its police powers to regulate or prohibit a business or profession so long as its actions are necessary for public welfare. While this applicant’s right to engage in a chosen profession is protected, it is not absolute. Because the regulation of the practice of medicine is necessary to protect the public health and safety, the order of the board refusing to reinstate the applicant’s license was upheld by the court of appeals. Boards of optometry are encouraged to understand the procedures to follow in considering an application for reinstatement. Boards must also understand the requisite burden of proof and whether it is necessary to cite the grounds for denying reinstatement. It is also necessary to determine whether the authority exists by the board to "permanently" revoke one’s license without any reinstatement rights. Finally, and perhaps most importantly, optometry boards are encouraged to specify the reinstatement rights, if any, within the original disciplinary order to set the record for future consideration of the particular disciplined licensee. Bouquett v. Ohio State Medical Board, 704 N.E.2d 583 (Ohio
App.Ct. 1997) |