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Optometry bill is amended to allow three laser procedures

By Erica Peterson

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February 22, 2010 · The Senate passed sixteen bills on Monday without much debate, but the controversial optometrist bill was on second reading and generated a lot of discussion.

The bill would give optometrists the ability to perform certain surgical procedures—but it’s opposed by ophthalmologists.

 

The Senate started talking about Senate Bill 230 during its 11 a.m. floor session, but ultimately moved the bill to the end of the list of bills on second reading and continued discussing it after lunch.

 

Sen. Ed Bowman (D-Hancock) amended the bill, and Sen. Jeff Kessler (D-Marshall) immediately stood to amend Bowman’s amendment.

 

Both senators wanted to change a portion of the bill that would allow optometrists to perform four types of laser surgery procedures: three for glaucoma, one for cataracts.

 

Sen. Evan Jenkins (D-Cabell) stood to oppose Kessler’s amendment, and explained what both men were trying to do.

 

“I just want to make sure everybody understands where we are on this,” he said. “The committee substitute as it is before us allows for optometrists to use four laser procedures.

 

“Through the discussion over this past weekend, last week the chair of Government Organization announced that he would be running an amendment today to take those four laser procedures, take three of them out and leave one. That’s what the amendment from the senator from Hancock does. What the amendment to the amendment does is add two lasers back in.”

 

Sen. Ron Stollings (D-Boone) also opposed Kessler’s amendment, and stood to talk about his own experience with glaucoma surgery in the hands of an ophthalmologist.

 

“I became very sweaty and nauseated and I had to stop,” he said. “I was glad I was in a place where this person had done many of them and recognized my problem. So these are not benign procedures, and treating glaucoma is not a simple task.”

 

Although no one spoke supporting Kessler’s amendment, when the senators stood to vote, the amendment passed.

 

Sen. Roman Prezioso (D-Marion) made an amendment of his own, which would eliminate the ability of optometrists to perform any laser surgeries.

 

“Ladies and gentlemen, make no mistake what I’m trying to do here,” he said. “I’m trying to eliminated all four laser surgeries.”


But Kessler pointed out that the Senate’s rules prohibit amending an amendment that’s already passed.

 

“As I see the amendment’s been presented, it would appear to be addressing the exact same section of the code that we just amended,” Kessler said. “My amendment to the amendment passed. I’m just wondering if it’s appropriate at this time to have further amendments to that section at this point.”

 

The bill will be up for passage on Tuesday, but senators will still be able to amend it.

 

Monday was the last day to introduce bills, and more than 50 were introduced in the Senate. But a bill addressing the billions of dollars of unfunded liabilities in West Virginia’s Other Post-Employment Benefits fund wasn’t among them.

 

Sen. Brooks McCabe (D-Kanawha) says his committee studying the issue had a hard time finding consensus among OPEB’s stakeholders.

 

“It continues to be a big issue,” McCabe said. “This is not any indication at all that we’re backing away from the issue. It’s just a matter of style and trying to do it in a way that’s sensitive to some of the stakeholders’ concerns, as well as keeping in place the Senate’s strong feelings about how we might proceed.”

 

Right now, OPEB is an almost $8 billion unfunded liability. This figure represents all the money West Virginia expects to have to pay for retirees’ health care for the next 40 years.

 

“My goal is that sometime this spring, early summer we can have a special session with an agreed-upon bill, so that we can come in and get it passed without a lot of contentious debate,” he said. “That we’ve worked out the details in advance and everyone would be comfortable with it. So we have a good bit of work ahead of us, but we’re clearly still working on it.”

 

McCabe says his committee will continue to meet until they reach a consensus.

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