11/10/2018
WHY OKLAHOMA SHOULD VOTE "NO" on SQ 793 on NOVEMBER 6"
I have been seeing so much somewhat misleading and deceptive attractive advertising trying to get those viewing the ads to vote yes on SQ793. It appears that they are relying on the fact that most voters don't actually read the words of a State Question until they actually see their ballot when voting and will decide based on just what they had heard advertised as opposed to understanding the "real meaning" of what they are voting on. Almost everyone would like "more free choices" and "affordability" on anything which is what these ads focus on. However, that is NOT really what SQ793 is about. Below is the actual wording of SQ793 as it will appear on the ballot. The key important words toward which everyone should focus are presented below in CAPITAL letters. After the SQ793 text below, I am presenting some comments about the wording and it's actual meaning for everyone to consider.
STATE QUESTION 793 READS: "This measure adds a new Section 3 to Article 20 of the Oklahoma CONSTITUTION. Under the new Section, NO LAW shall infringe on optometrists' or opticians' ability to practice within a RETAIL MERCANTILE ESTABLISHMENT, discriminate against optometrists or opticians based on the location of their practice, or require external entrances for optometric offices within retail mercantile establishments. NO LAW shall infringe on RETAIL MERCANTILE ESTABLISHMENTS' ability to sell PRESCRIPTION optical goods or SERVICES. The Section ALLOWS THE LEGISLATURE to restrict optometrists from performing surgeries within retail mercantile establishments, limit the number of locations at which an optometrist may practice, maintain optometric licensing requirements, require optometric offices to be in a separate room of a retail mercantile establishment, and impose health and safety standards. It DOES NOT PROHIBIT optometrists and opticians from AGREEING with RETAIL mercantile establishments TO LIMIT their practice. LAWS CONFLICTING WITH THIS SECTION ARE VOID. The Section defines "laws," "optometrist," "optician," "optical goods and services," and "retail mercantile establishment."
Shall the Proposal Be Approved?
[ ] FOR THE PROPOSAL - YES
[ ] AGAINST THE PROPOSAL - NO
COMMENTS:
1) The only reason that SQ793 was written in this way and will be on the ballot is because of an initiative petition on which WALMART was able to get enough signatures from their many customers in their many stores throughout Oklahoma by just telling them that signing it would get past the "politics" of eyecare and make eye exams and eyeglasses "cheaper". Most people likely signed with just that information without really knowing and "understanding" the real impact of SQ793. (By the way, WALMART is behind the "vote yes" ads even though they usually don't say so in the ads)
2) This would be changing the Oklahoma CONSTITUTION rather that "making or altering legislated law" so that it can NOT be ever changed or amended by the Oklahoma Legislature in the future without another statewide vote. Things in the CONSTITUTION trump all laws or rules by Oklahoma's Legislature or any Heath Profession Boards that monitor standards of practice and care of provided by state doctors to protect the public from unethical and potentially harmful modes of practice.
3) OKLAHOMA is the FIRST STATE where WALMART is attempting to totally bypass going through the elected State Legislature to change or negate our laws that don't fit into their business model or positively affect their ability to profit off the healthcare sector of the economy
4) Notice how it states that NO LAW shall infringe on the ability of an optometrist or optician to practice in a RETAIL establishment or infringe on a RETAIL establishment's ability to sell PRESCRIPTION optical goods and SERVICES. In other words, ALL of the current state public protection laws that require minimum levels of competency, examination, accuracy of prescription eyewear, etc. would be VOIDED and NOT APPLICABLE to optometrists, opticians or optical goods provided within a RETAIL MERCANTILE ESTABLISHMENT such as Walmart. The laws would ALL still be applicable to every other professional optometrist, optician and all optical goods OUTSIDE of RETAIL MERCANTILE stores.
It sure appears that this is an attempt to protect the RETAIL MERCANTILE ESTABLISHMENTS from having to worry about maintaining a certain level of expertise and quality of care to avoid potential litigation.
5) Since this is a vote to "change the Oklahoma CONSTITUTION", the State Legislature would no longer have the constitutional authority to vote on, change, pass and enforce future laws or rules that would apply to the quality or scope of vision eyecare or optical good quality provided by any RETAIL MERCANTILE ESTABLISHMENT in Oklahoma other than in the "specific areas stated" above in SQ793 that it ALLOWs THE LEGISLATURE to do..
6) It DOES NOT PROHIBIT optometrists from AGREEING with the RETAIL establishment to LIMIT their SCOPE of practice. There are certain "minimum" procedures in current Oklahoma law that are required to be a part of EVERY "eye examination" that often detect many other serious health problems including but not limited to Glaucoma, Macular Degeneration, Cancer, Diabetes, Tumors, etc. With this wording, those laws would NOT apply to the optometrists in the RETAIL MERCANTILE stores such as Walmart..
7) "LAWS CONFLICTING WITH THIS SECTION ARE VOID" pretty much covers it all to protect Walmart and other RETAIL establishments from having adhere to ANY OF THE LAWS that were passed after much debate within the Oklahoma Legislature over the last century. Those laws and regulations have served Oklahomans very well as we are currently at the top of the list of states in the country when looking at the quality of vision care, eye health care and optical goods provided. That will rapidly change if SQ793 passes.
PLEASE think about it ALL and hopefully you will decide to vote NO on SQ793 on November 6!
(PERSONAL NOTE: Thank you for reading all of this. As many of you know, this is my 40th year of practice - so I am very well established and the outcome of this vote will really not personally have a significant economic affect on my practice at this point in my life. My deep concern and time doing this is from the heart for my love of Oklahoma and my chosen profession. My sincere concern is for the very dedicated young professional doctors and future Oklahomans that the "high standards of care" we have seen in the past will continue to be provided and available to all future Oklahomans for many years to come. ---Donald J. Farris, O.D.)
(PLEASE SHARE THIS INFORMATION WITH TO YOUR FRIENDS, FAMILY AND CO-WORKERS - THANK YOU!)
https://youtu.be/A8wGqRCdMoc