John Wachter; The Notice of the Petition was published in Volume 41, No. 67, of the April 6, 2015, issue of the Florida Administrative Register. The Board reviewed the Petition at its meeting held on July 15, 2015. The Petitioner sought a ...
NOTICE IS HEREBY GIVEN that the Board of Optometry has issued an order disposing of the petition for declaratory statement filed by John Wachter on February 26, 2015. The following is a summary of the agency’s disposition of the petition:
The Notice of the Petition was published in Volume 41, No. 67, of the April 6, 2015, issue of the Florida Administrative Register. The Board reviewed the Petition at its meeting held on July 15, 2015. The Petitioner sought a declaratory statement as to if Petitioner, an optometrist, was to accept payment for co-managing a patient undergoing enhanced intra-ocular lens treatment and procedure was applicable under Section 456.054, FS. Based upon the facts set forth in the Petition the Board hereby finds as follows: Provided that the optometrist co-managers the patient and the standard of practice found in Section 463.015, FS, are met, the “kickback” provision of Section 4563.054, FS, is not triggered because the licensee is not providing remuneration or payment “as incentive or inducement to refer patients for past or future services or items.” Further, the Board is not offering an opinion as to the applicability of any other State or Federal statute or rule.
