Kenneth W. Lawson, O.D.,; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 123, of the June 27, 2017, Florida Administrative Register. The Petitioner sought the Board’s opinion on whether the following activities ...

 

DEPARTMENT OF HEALTH

Board of Optometry

NOTICE IS HEREBY GIVEN that the Board of Optometry has issued an order disposing of the petition for declaratory statement filed by Kenneth W. Lawson, O.D., on June 21, 2017. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published June 27, 2017 in Volume 40, No. 123 of the Florida Administrative Register. The Petitioner sought the Board’s opinion on whether the following activities would be deemed to be in violation of cited optometry statutes and rule: (a) becoming an owner of a vision care network company co-owned by laypersons; and (b) contracting with a vision care network company not owned by a licensed optometrist to render optometry covered services to members of HMOs contracted with the network. The Board considered the Petition at its meeting held on July 19, 2017, in Lake Buena Vista, Florida. The Board’s Order was filed on August 4, 2017. The Petition filed in this cause is in substantial compliance with the provisions of Section 120.565, F.S., and Rule 28-105.0022, F.A.C. Based upon the facts contained in the Petition and the testimony of Petitioner, the Board has determined that the operation of a vision care network company does not constitute the practice of optometry, and there is no prohibition on a licensed optometrist taking an ownership interest in a vision care network company co-owned with persons not licensed to practice optometry.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Dr. Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, FL 32399-3255, [phone], [e-mail].