The saga over who is qualified to handle eye surgery in the state of Arkansas saw another legal filing submitted on Monday.
Arkansans for Healthy Eyes, a lobbying arm for optometrists in the state, filled a petition for a rehearing with the Arkansas Supreme Court, according to a report from Talk Business Arkansas.
Two weeks ago, the state’s high court ruled Secretary of State John Thurston’s office must count signatures collected by a group, Safe Surgery Arkansas, wanting to repeal the state law that expanded optometrists’ scope of practice.
Safe Surgery Arkansas, is a lobbying group representing ophthalmologists in the state.
Act 579, passed by the General Assembly earlier this year, allows optometrists to perform limited eye surgeries. Ophthalmologists are trained medical doctors, while optometrists are not. Safe Surgery Arkansas is seeking to overturn Act 579 through a ballot initiative next year.
The court issued a decision two weeks ago, in response to Act 376, which outlines the state’s referendum process. The court said the emergency clause of Act 376 is invalid. However, the court applied Act 376 as an immediately effective statute in a case last May, specifically citing the emergency clause, according to the Arkansans for Healthy Eyes.
Vicki Farmer, the chairman of Arkansans for Healthy Eyes, says the group believes the court’s decision was inconsistent with recent precedent. Farmer adds the group feels the ruling actually creates a lot of confusion around the referendum process, especially where Act 579 is concerned.
The group wants the court to take another look at the law, and the impact of this decision, says Farmer.
Act 579 allows optometrists to perform several procedures that previously only ophthalmologists could perform, including injections around the eye, the removal of lesions from the eyelids and certain laser eye surgeries. The law’s supporters say optometrists are already trained to perform the procedures but were being forced to refer patients elsewhere. It has drawn heavy opposition from ophthalmologists who say the change puts patients at risk.
Citing Act 376, the secretary of state’s office in August said most of the signatures submitted for the Safe Surgery Arkansas’ referendum weren’t counted, since canvassers didn’t file required paperwork. But the court ruled that the requirement wasn’t in effect at the time the signatures were gathered.
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