The Oklahoman

SQ793 in 20/20

- BY DAVID DISHMAN Business Writer ddishman@oklahoman.com

State Question 793 could loosen restrictio­ns on optometric practices in retail stores, but many Oklahoma optometris­ts worry these changes could blur the lines of quality eye care in the state.

State Question 793 could loosen restrictio­ns on optometric practices in retail stores, but many Oklahoma optometris­ts worry these changes could blur the lines of quality eye care in the state.

The question contains language stating no law shall infringe on optometris­ts’ or opticians’ ability to practice within a retail mercantile establishm­ent or infringe on the retail mercantile establishm­ents’ ability to sell prescripti­on optical goods and services.

But two sentences included near the end of the state question lead some optometris­ts to believe a retailer could limit an optometris­t’s scope of practice.

Proponents for the measure contend this isn’t the case, but only a provision to restrict laser surgeries from being performed in retail establishm­ents.

“It does not prohibit optometris­ts and opticians from agreeing with retail mercantile establishm­ents to limit their practice,” the state question says. “Laws conflictin­g with this section are void.”

This limitation to an optometris­t’s practice worries optometris­t Dr. Blake Carlisle, who practices in Tulsa and teaches as an adjunct faculty member at Northeaste­rn State University Oklahoma’s College of Optometry. To what extent do the limits extend?

“If that weren’t there, this would be fine and you’d probably see no opposition from the profession,” Carlisle said. “That little bit of language right there, that scares us to death.”

That language is nothing more than a provision to allow retailers to limit laser surgeries from being performed in retail locations, according to Yes on 793 campaign spokesman Josh Harlow. But Carlisle and other optometris­ts are concerned the limits could be extended.

Few retailers currently operate any form of optometry services in Oklahoma because of a variety of restrictio­ns and limitation­s. For example, Oklahoma is known as a “two-door state,” which requires a second external entrance for optometric offices within retail mercantile establishm­ents.

Large national retailers like Walmart or Costco often have optometry practices in store in other states, but have largely refrained from placing them in Oklahoma stores.

These retailers are some of the largest donors to the Yes campaign, with Walmart donating $65,867 in the second quarter, Costco Wholesale Corp. providing $15,000, and Oklahomans for Consumer Freedom giving $50,000. Oklahomans for Consumer Freedom is an advocacy group that also supported State Question 792, an alcohol reform measure, that also was backed by Walmart.

Voters need to approve SQ 793 in order to bring optometry services to retail establishm­ents, according to Yes on 793 Chairman Tim Tippit.

“Those are very difficult or almost prohibited under current Oklahoma law. That’s why we have to have a state question change,” Tippit said.

The passage of State Question 793 could signal the end of the optometric drought in these stores, with Oklahomans gaining access to many of the same services available in every state surroundin­g Oklahoma. These services don’t sacrifice quality of care, according to the Yes campaign.

“All the members of the coalition, whether it’s Walmart or Costco ... or any of the companies are committed to providing the same full-service comprehens­ive exam that all Oklahomans are doing right now,” Tippit said. “We already do it, in fact. Walmart does it in 47 states.”

But the optometris­ts can’t get past those two sentences. Oklahoma Associatio­n of Optometric Physicians Presidente­lect Dr. Selina McGee shared the same concerns as Carlisle.

“That’s why I’m a ‘No’ on this question,” McGee said. “It’s because of those last two sentences. It’s not about where the care is delivered. It’s those last two sentences. If they really truly wanted to put a doctor in and have glasses, they could do that today without that language.”

Optometry offices in retail locations can be lucrative sources of revenue, a stream not currently tapped by many retailers within the state. Similarly, optometris­ts practicing in Oklahoma benefit from a lack of competitio­n from those retailers. However, while both sides debate the extent of the economic impact this decision will make, both also claim to be the best way forward in regard to care.

Yes on 793 Spokesman Josh Harlow said Oklahomans shouldn’t worry about the language, and focus on the expanded access to care.

“I think what is maybe lost in this is that the access that people will get from this,” Harlow said. “If this was truly about health care, and this was truly about consumer choice and this was truly about access, then why wouldn’t you vote yes for this?”

Carlisle said this access ultimately will come with a price greater than dollars and cents.

“It’s not the potential loss of revenue. It’s the erosion of our profession­al ability,” Carlisle said. “I think the risk is much greater than the potential for offering that cheaper service.”

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