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Minutes for HB2223 - Committee on Health and Human Services

Short Title

Modifying certain provisions of the optometry law relating to scope of practice, definitions and credentialing requirements.

Minutes Content for Wed, Mar 12, 2025

Carly Choi provided an overview of HB2223.

Todd Fleischer, Executive Director, Kansas Optometric Association (KOA), provided testimony in support of HB2223 (Attachment 1). A history of KOA was provided. Optometrists are an integral part of the health care team. The current scope of practice in Kansas is more restrictive than an increasing number of states. Guardrails have been placed in the bill. Letters of support are included in the testimony.

Mr. Fleischer responded to questions from the committee.

Dr. Shane Kannarr, Private Citizen, provided testimony in support of HB2223 (Attachment 2). The bill allows optometrists to provide in-office procedures including removing lesions and injectable medications. The bill would also allow three laser procedures. There is an access issue with ophthalmology for patients. Points were provided related to safely providing the services. Regarding if optometrists are well-educated, trained and certified to perform the listed procedures, the answer is 'yes'.

Dr. Kannarr responded to questions form the committee.

Dr. Nate Lighthizer, Dean, Oklahoma College of Optometry, Northeastern State University, provided testimony in support of HB2223 (Attachment 3). The education and training required to become an optometrist was reviewed. The three laser procedures are all procedures optometrists are well equipped and trained to handle and perform. Optometrists in Oklahoma have safely performed eyelid lesion removal and in-office laser procedures since 1998. The four levels of training for laser procedures were presented.

Dr. Lighthizer responded to questions from the committee.

Derek Bryant, Private Citizen, provided testimony in support of HB2223 (Attachment 4). As a native Kansan, it is his hope to return to Kansas to provide his patients with the highest level of care that he is trained to provide. Based on a survey, about half if students are interested in practicing in rural areas. Scope of practice is a significant issue in determining if they will return to Kansas.

William Wilk, Senior Director of Government Affairs, Kansas Chamber, provided testimony in support of HB2223 (Attachment 5). The bill would allow optometrists to perform procedures they are trained to do in optometry school. Unfortunately our state statutes for optometrists has not kept up with advances in education and medical technologies. Twelve other states allow optometrists to perform these services for their patients.

The following provided written only proponent testimony

Dr. Jackson Shetlar, Private Citizen (Attachment 6)

Dr. Dawn Bircher, President, Kansas State Board of Examiners in Optometry (Attachment 7)

Dr. Natalie Nibert, Private Citizen (Attachment 8)

Dr. Jason Rogers, Private Citizen (Attachment 9)

Dr. Wayne Gilmore, Diplomate, American Board of Optometry (Attachment 10)

Dr. Carter Morrison, Private Citizen (Attachment 11)

Cori Dorrell, Private Citizen (Attachment 12)

Krista Postai, CEO, Community Health Center of Southeast Kansas (Attachment 13)

Blake Benson, President, Pittsburg Area Chamber of Commerce (Attachment 14)

Senator Bill Clifford, District 39, provided testimony in opposition to HB2223 (Attachment 15). As an ophthalmologist, the focus has always been on the patient. Having attended medical school, ophthalmology school, doing surgical residencies, and 30 years of practice, Dr. Clifford stated that there are more factors related to the eye that may not be seen by an optometrist. Examples of issues not seen or created by an optometrist were presented to the committee. It was noted that ophthalmologists must have 50 hours of continuing education each year and are recertified every 10 years.

Senator Clifford responded to questions from the committee.

Dr. Mary Champion, President, Kansas Society of Eye Physicians and Surgeons,provided testimony in opposition to HB2223 (Attachment 16). The bill removes from the optometry practice act a prohibition on surgery and injections. All laser, surgery and injections involve risk. It is concerning when procedures are minimized concerning potential cancer that when cut could spread the cancer. The bill permits the removal of skin lesions 'without know malignancy' which cannot be determined until it is tested after removal. This is not an access to an ophthalmologist issue. Kansans deserves to have qualified surgeons performing eye surgery, lasers and procedures done on them.

Dr. Champion responded to questions from the committee.

Dr. Zach Unruh, Private Citizen, provided testimony in opposition to HB2223 (Attachment 17). Dr. Unruh provided a comparison between the education and training of an Ophthalmology School and an Optometry School. The largest difference lies in the mindset and approach to healthcare as a proceduralist versus a primary care provider.

Dr. Unruh responded to questions from the committee.

Rachelle Colombo, Executive Director, Kansas Medical Society (KMS), provided testimony in opposition to HB2223 (Attachment 18). The last time the optometric practice act was amended in 2010, both sides came together and agreed on changes before being brought before the legislature. That did not occur here. KMS believes those who practice medicine and surgery must be trained, licensed, and regulated at the highest level. Providers seeking to expand their scope of practice must be subject to uniform requirements for licensure and carry medical professional liability coverage.

Susan Gile, Executive Director, Kansas State Board of Healing Arts, provided neutral testimony on HB2223 (Attachment 19). While neutral the Board of Healing Arts has questions and concerns related to removing of topical when discussing prescriptive authority, the definition of medical devices, and the use of lasers, which is a medical procedure and is practicing medicine and surgery.

Ms. Giles responded to questions from the committee.

The hearing was closed.

The meeting was adjourned at 3:25 PM.