NYSOA Fall 2022 Prospectus

Prospectus

& UPDATES

from the

By David N. Ciccone, OD

Well, summer has come to a close and I hope everyone is enjoying this gorgeous fall. Since our last update the NYSOA has several things to share with the membership.

The Orals course design has been approved by the Education Department and its administration is in the final stages of being laid out. There will be several opportunities for live, hybrid (both live and synchronous virtual) and exclusively virtual to address your scheduling needs. The first sessions look to be in early- to mid-February and the next in mid-April to early May, most likely in conjunction with IVC. If necessary, a third round may be given in early 3rd quarter of 2023. The tests will be administered in relatively close proximity to the courses, most likely by SUNYO. These will be given in both a live and remote format. Remember, the earliest anyone will be able to prescribe is October 24, 2023, so there is lots of time to get this done.

Speaking of IVC, we should be announcing location, dates and agenda in the next couple of weeks.

The Board of Optometry, with significant guidance from the NYSOA, has submitted to the Department of Health a list

President

of lab tests, which conforms to the Wadsworth Center test catalogue, which may be written for by optometrists in New York. We anticipate that this will be approved shortly and will eliminate ambiguity with both labs, and insurers when we order these tests. A comprehensive list can be found at http:// www.op.nysed.gov/prof/optom/optomapprovedtests.htm.

There have been some issues with getting timely information from the NYSOA office over the last several months. This has been addressed by the Board and will be monitored closely. All general inquiries should be sent to Breanne at 518 4497300 or info@nysoa.org. Please contact Mr. Tom Cote at tcote@nysoa.org or myself at dcicconeod@gmail.com with any ongoing concerns.

This is an exciting time for Optometry in New York. The next year is going to fly by so stay tuned for more information as it becomes available. Remember, the NYSOA is THE source for the latest in the profession. Best regards, David N. Ciccone, OD President – New York State Optometric Association

Legal Update

By Katherine B. Herlihy | Whiteman Osterman & Hanna LLP, NYSOA Legal Counsel

Laboratory Tests

NYSOA has worked with the State Education Department (SED) and Department of Health (DOH) for the past year to seek clarification that licensed clinical laboratories are permitted to accept orders for lab work from (and return results to) licensed optometrists. In October, SED posted a list of laboratory tests that may be ordered by optometrists licensed in New York State (list available here). SED further clarified that the tests must be relevant to and inform the diagnosis and treatment of conditions and diseases of the eye that are within the scope of practice of optometry, and further, that in cases where such test results indicate a systemic disease or condition that is beyond the scope of practice of optometry, the optometrist must make a referral to an appropriate physician and facilitate transfer of the test results to the extent feasible. At SED and DOH’s request last year, NYSOA helped to prepare a list of tests that optometrists order related to conditions of the eye.

DOH maintains guidance and a regulation outlining the licensed professions from whom clinical laboratories may accept orders for lab work and optometrists are currently not included in either the regulation or the guidance document. The final step in this process is for DOH to update its list of professions from whom a clinical laboratory may accept lab orders to include optometrists. We understand that DOH has been provided with SED’s list of laboratory tests, and is undergoing the process of updating the list of professions from whom clinical laboratories may accept laboratory

orders. NYSOA members will be updated when that revised list is posted on DOH’s website.

New York City Salary Transparency

New York City-based NYSOA members may be interested in a new law taking effect on November 1, 2022 that requires employers advertising jobs in New York City to include a good faith salary range for every job, promotion, and transfer opportunity advertised. Any employer with four or more employees (or one or more domestic workers) is coved by this requirement (note, that as long as one of the employees works in New York City, the workplace is covered). To comply with this law, employers must state the minimum and maximum salary they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. If the employer does not intend to offer a salary range, the minimum and maximum salary may be identical. Covered advertisements include, but are not limited to, postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements. Failure to state the minimum and maximum annual salary or hourly wage in an advertisement constitutes an unlawful discriminatory practice. For more information, please see the NYC Commission on Human Rights’ Factsheet.

A separate, statewide salary transparency law was also passed by both houses of State Legislature this session, and awaits action by the Governor.

New York State’s Elections Are Upon Us!

By James Walsh, Partner, NYSOA Legislative Counsel

All eyes are on the 2022 General Election, which will determine the holder of every statewide office, including Governor, Lieutenant Governor, Attorney General and State Comptroller. In addition, one New York U.S. Senate seat, all 26 seats in the U.S. House of Representatives, and all 63 State Senate and 150 State Assembly seats are up for election on Tuesday, November 8th.

The fight for control of the U.S. Senate and U.S. House of Representatives is well chronicled. The elections for state offices, however, is less well-known, although there has been a recent focus on the race for Governor, where polls show a tightening of the race between incumbent Governor Kathy Hochul and her Republican challenger, Congressman Lee Zeldin (and, collaterally, their Lieutenant Governor running mates – Antonio Delgado (D) and Alison Esposito (R)). While incumbent Attorney General Tish James and State Comptroller Thomas DiNapoli are viewed as being favored over their Republican challengers, Michael Henry and Paul Rodriguez, respectively, the ultimate outcome will be determined by the voters in less than two weeks.

In the state legislative races, it is not expected that the Democrats will lose their current majorities, but given the “sour” mood of the electorate, many pundits believe that those majorities will lose some seats to the Republicans. Democrats in the Senate currently hold a 43 to 20 advantage, while Assembly Democrats have an even more comfortable 106 to 43 (plus 1 Independent who caucuses with the Democrats) advantage. And, while Democrats are preeminent in voter registration (6.1 million voters to 2.7 million Republican voters and 2.8 million unaffiliated voters), many state legislative

districts are more balanced in terms registrations compared to these statewide totals, and where candidates stand on local issues often determine who prevails. This is not to dismiss the issues prevalent throughout the nation, from public safety to abortion to the economy, nor the trend that the “party in power” (this year, the Democrats, who hold the Presidency and control of Congress) often suffers during midterm elections, but local races do not always follow the Red Wave or Blue Wave seen nationally – and are simply more unpredictable (one pundit referred to them, by analogy, as “riptides”).

The silver lining, as it relates to organized optometry, is that the delivery of healthcare in New York has increasingly become nonpartisan. Primary eye care is vital throughout the state, and is of particular challenge in both urban and rural areas – often seen as the Blue and Red divide in politics. As we saw during the Legislature consideration of the bill (now law) to authorize optometrists to prescribe and use certain oral medications in 2021, legislators understood that their constituents need access to better healthcare, in order to improve health outcomes, ultimately drive down healthcare costs, and improve quality of life. This continues to be the central theme for the NYSOA on behalf of Doctors of Optometry and we expect that this need for improved healthcare will resonate no matter which political party controls the levers of government. Still, we look forward to working with the statewide elected officials and the State Legislature in 2023, and we will know who that will be very soon.

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MEMBER BENEFITS

WHY JOIN NYSOA?

Membership with the New York State Optometric Association (NYSOA) becomes a combined membership with the American Optometric Association (AOA) and a Local Society. Members of the NYSOA are entitled to a wide variety of benefits and resources, some of which include:

ADVOCACY INSURANCE & BUYING

Legislative advocacy at the state and federal levels – giving you the ability to stay current on legislative issues and contact your representatives regarding matters affecting the profession.

Access legal assistance and other resources for working with insurers, getting answers to practice questions, and defending the rights of optometrists to practice full-scope optometry.

Comprehensive malpractice liability insurance policies at competitive rates.

Access to Healthy Eyes Advantage, the ECP’s next-generation marketplace, and AOA MORE, optometry’s Qualified Clinical Data Registry.

EDUCATION & NEWS

Access to the NYSOA member website and job posts.

Networking opportunities and access to a listserve to connect with other members and ask questions.

JOBS & NETWORKING OPPORTUNITY

Continuing education courses to fulfill state licensing requirements.

Subscription to the association’s digital newsletter, Prospectus, featuring current professional topics and issues.

E-mail reminders of upcoming meetings, events and legislative alerts.

JOIN TODAY AT

Complimentary practice listings on the Think About Your Eyes doctor locator.

Business Partner opportunities and information on practice management.

Contact us at: nysoa2020@gmail.com or 518-449-7300