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Minutes for HB2223 - Committee on Public Health and Welfare
Short Title
Modifying certain provisions of the optometry law relating to scope of practice, definitions and credentialing requirements.
Minutes Content for Mon, Mar 24, 2025
Chairperson Gossage opened the hearing on HB2223. Jenna Moyer, Assistant Revisor, Kansas Office of Revisor of Statutes (ROS) presented the Revisor's Memorandum brief on the bill. She explained various sections and subsections of the bill that specified what would and would not be covered in the bill and other changes and additions. (Attachment 1)
Oral Proponents:
Todd Fleischer, Executive Director, Kansas Optometric Association, presented historical information stating optometrists have been licensed to provide care to Kansas patients for more than 100 years. As advancements in treatment options, training and education occurred, optometrists have gradually increased the level of care they can provide, however there have been no significant changes for over 20 years. Mr. Fleischer also included in his testimony letters from 10 Kansans in support of HB2223. (Attachment 2)
Shane Kannarr, OD, Managing Member, Kannarr Eye Care Optometrist, in Pittsburg, Girard, and Ft. Scott, Kansas, provided testimony supporting passage of the bill. He related that it will modernize the profession and allow Doctors of Optometry in Kansas to perform procedures in which they have been educated, trained, and certified. (Attachment 3
William Wilk, Sr. Director of Government Affairs, Kansas Chamber, advocated passage of HB2223, promoting the reform of Kansas healthcare statutes and keeping pace with the advancements of medical technology, while not sacrificing Kansans' safety. (Attachment 4)
Dr. Nathan Lighthizer, O.D., F.A.A.O., Professor and Dean at Northeastern Southern University (NSU) Oklahoma College of Optometry, appeared virtually on Webex. He told members that just like any other aspect of medicine, education and training have evolved in optometry school over the years as the technology has evolved and new procedures advanced. He posed that we could all agree that training is better in 2025 than it was in 1980. As optometry changed, the education and training also changed, and courses were offered to become skilled and certified in the new procedures. (Attachment 5)
The Proponents answered questions from Senators Clifford, Thompson, Holscher, and Chairperson Gossage. The Chairperson then pointed members' attention to the written-only proponent testimony.
Written-Only Proponent Testimony (bundled into one PDF file in alphabetical order by last name): (Attachment 6)
Dawn Bircher, OD, President, Kansas State Board of Examiners in Optometry
Derek Bryant, Current Student at Oklahoma College of Optometry, and President of the American Optometric Student Association
Cori Dorrell, 4th year student at Northeastern State University Oklahoma College of Optometry
Wayne Gilmore, OD, Eyecare Associates of Parsons, Kansas
Kendra Lowell, OD, Blue Rivers Eyecare, Marysville, Kansas
Carter Morrison, OD, third-generation optometrist from Colby, KS, now practicing in Glenwood Springs, Colorado
Dr. Natalie Nibert, OD, F.A.A.O., formerly from Wichita, KS, now practicing in Kansas City, Kansas
Elizabeth Patton, State Director, Americans for Prosperity Kansas
Krista Postai, CEO, Community Health Center of Southeast Kansas
Jason Rogers, OD, Drs. Hawks, Besler, Rogers & Stoppel Optometrists, Overland Park and Gardner, Kansas
Jackson Shetlar, OD, practicing in Salina, Kansas
Oral Opponents:
Rachelle Colombo, Executive Director, Kansas Medical Society, testified that optometrists would be authorized to perform several surgical procedures and treatments currently reserved for those trained and licensed as medical doctors (MDs) and doctors of osteopathy (DOs), which she said represents a significant expansion of current law. (Attachment 7)
Brad Smoot, Legislative Counsel, Kansas Society of Eye Physicians & Surgeons, spoke against HB2223, telling the members that the Legislature has been advised that 12 other states have enacted the proposed expansion procedures, when actually, no more than four states go as far as this bill. Mr. Smoot also stated that nothing in the bill requires the oversight Board to have any knowledge or experience of these new surgical procedures, and the proponents may also want to add a standard of care. (Attachment 8)
The Opponents answered questions from Senators Thompson, Holscher, and Clifford. The Chairperson then pointed members' attention to the written-only opponent testimony.
Written-Only Opponents included (Bundled alphabetically by last name): (Attachment 9)
James Blagg, Eye surgery patient, Oklahoma
Mary Champion, MD, President of the Kansas Society of Eye Physicians & Surgeons
Dasa Gangabhar, MD, MHL (Masters in Healthcare Leadership), retired ophthalmologist and corneal transplant surgeon, Wichita and many rural parts of Kansas
Stephen McLeod, MD, Chief Executive Officer, and Michael Repka MD, MBA, President, American Academy of Ophthalmology
Zach Unruh, MD, Optometry Grad University of Houston College of Optometry, University of Kansas School of Medicine (GRAD 2021), 4-year residency in Ophthalmology at Texas at Baylor Scott and White health system; beginning 2-year fellowship in vitreo-retinal surgery in Columbus, Ohio his summer.
Oral Neutral Testimony:
Susan Gile, Executive Director, Kansas State Board off Healing Arts, related that the statutory mission of the Board is patient protection. She told members that the Board is neutral on the passage of HB2223, but has some questions and concerns about the bill on which they need more clarification prior to passage. (Attachment 10)
Ms. Gile answered a question from Senator Pettey.
Chairperson Gossage explained that a potential amendment to the bill had been offered and asked Ms. Moyer to distribute copies to the members and audience, so they could study it prior to taking final action on the bill that is now scheduled for tomorrow, March 25, 2025. (Attachment 11)
No other proponent, opponent, or neutral testimony having been submitted, Chairperson Gossage closed the hearing on HB2223.
Closing announcements included conference committee meetings with House Health and Human Services at 9:30 today in 142-South; and additionally, a conference committee meeting with House Child Welfare and Foster Care on HB2075 today at 1:30 in 142-South. Final Action on HB2223 is anticipated for tomorrow, 3-25-25, at 8:30 am.
The meeting adjourned at 9:18 am. The next scheduled meeting is tomorrow, March 25, 2025, at 8:30 am in Room 142-South of the Capitol.
