The Alabama Senate Health Committee last week narrowly voted to give a favorable report to a bill that would allow Alabama optometrists to expand their scope of practice to include seven procedures that are currently performed exclusively by ophthalmologists.
Senate Bill 66 is sponsored by State Senator Tom Whatley (R-Auburn).
Whatley said that he has eye issues and has been treated by both ophthalmologists and optometrists over the years. This bill would improve access to care for people in rural Alabama.
Ophthalmologists are doctors who have been to medical school and have chosen to specialize in eyes. Optometrists are doctors who have to optometry school to study treating conditions of the eye.
The Chairman of the Senate Health Committee is Senator Jim McClendon, R-Springville. McClendon is an optometrist and is a cosponsor of the legislation.
The bill would expand the scope of practice of optometrists to perform: injections, excluding injections into the posterior chamber of the eye to treat any macular or retinal disease; incision and removal of a chalazion; removal and biopsy of skin lesions involving the lid and adnexa; laser capsulotomy; laser trabeculoplasty; laser peripheral iridotomy; and corneal crosslinking.
Ophthalmologists like Dr. Chris Girkin Chair of the Department of Ophthalmology at the University of Alabama oppose the bill.
Optometrists support expanding their scope of practice to include these procedures, which currently are only performed by the ophthalmologists. The ophthalmologists and the Alabama Medical Association oppose expanding the scope of practice of the optometrists. These medical doctors say their objection are relayed to patient safety not a turf war between professions.
A similar bill was defeated in the legislature last year. That bill, also sponsored by Sen. Whatley, would have expanded the scope of practice for the optometrists to make those seven procedures. That bill also would have allowed optometrists to perform LASIK surgeries and make injections into the posterior chamber of the eye to treat conditions, such as diabetic retinopathy and macular degeneration. LASIK “laser-assisted in situ keratomileusis” is the most commonly performed laser eye surgery to treat myopia (nearsightedness), hyperopia (farsightedness) and astigmatism.
Chairman McClendon said that the optometrists have dropped the LASIK surgeries and the injections into the posterior chamber of the eye. McClendon said that the optometrists have offered to compromise and the ophthalmologists have refused to accept any expansion of the current scope of practice for optometrists.
Whatley said that SB66 would expand healthcare options for Alabamians particularly rural Alabamians. There are ophthalmologists in just 24 Alabama counties while 57 counties are served by optometrists.
Dr. Brendan Wyatt said, “I am a board-certified ophthalmologist and Vice president of the Association of Ophthalmologists. I practice in Dallas County.”
Dr. Wyatt said that SB66 would be, “Giving non-surgeons the ability to perform surgery on our poorest most vulnerable citizens.”
Wyatt disputed that there was an “Access to care problem. That is not true.”
Wyatt said that the optometrists said that the information provided by the optometrists, “Shows Autauga County as not having an ophthalmologist. I pay $2000 a month for a satellite office there.”
Wyatt said that another ophthalmologist has a satellite office in Marengo County. “You guys have been fed false information. We did our own research using Medicare billing data. Over 91 percent of our population is within a 30 minute drive to an ophthalmologist and 98 percent are within an hour drive to an ophthalmologist.
Wyatt took, “Issue with this being safe and no harm will be done. These lasers cause controlled explosions in your eyeball.” “I implore you to do the right thing and kill this bill.”
McClendon said that optometrists are being trained how to do all of these procedures in optometrist school and that Alaska, Kentucky, Arkansas, Louisiana, and Oklahoma all already allow optometrists to perform these procedures.
Senator Cam Ward, R-Alabaster, said, “I want to make sure that we don’t do something that ham string us going forward.”
Dr. Josh Driver is an optometrist and the immediate past president of the Alabama Optometric Association.
Dr. Driver said that passing SB66, “Would improve access to care for thousands of Alabamians.”
“This bill would address some of the open ended questions in the bill last year,” Driver said. “These are seven in office procedures that do not require anesthesia.” All of them are being taught in optometry school. UAB is graduating optometrists and they are leaving our state for states where they can better practice their profession. This is about improving access to optometry care for all of Alabamians not just those who live in a major city.
Dr. Chris Girkin is the Chair of the Department of Ophthalmology at the University of Alabama.
Girkin said that he is currently researching model of providing access to care for rural Alabama more effectively through other models including telehealth that can be done without increasing the scope of practice of optometrists.
Dr. Girkin warned that if this bill passes then every optometrist will add a laser to their practice and up to 20 percent of their patients could be negatively impacted.
Dr. Rob Pate, an optometrist, told the Alabama Political Reporter that medical doctors spend time learning to birth babies and do all of the things that they do before deciding what they want to specialize in. We spend all of our education studying the eye and conditions of the eye.
McClendon said that there are quite a few scope of practice bill that are ready to come forward soon. All of these bills were killed last year by the Alabama Medical Association who doesn’t want to compromise on anything.
The legislature limits the scope of practice of optometrists, nurse practitioners, pharmacists, chiropractors, nurse midwives, lay mid-wives , etc. Many of these professions want expanded scopes of practice.
Whatley made a motion to give a favorable report to the bill. There were several ayes. McClendon did not ask for nays and said the ayes have it. This meeting is adjourned.
Sen. Tim Melson, R-Florence, said that he wanted it on the record that he is opposed to this.
Sen. Larry Stutts, R-Sheffield, said that Robert’s rules of Order were violated in the vote.
SB66 now can be considered by the full Alabama Senate.
Former State Sen. David Burkette pleads guilty, avoids jail
Former State Sen. David Burkette will avoid jail time and be sentenced to a 30-day suspended sentence as part of a plea deal reached on Monday.
Burkette, who pleaded guilty to one count of violating the Fair Campaign Practices Act, will also have to pay a $3,000 fine and serve 12 months of probation as part of the deal. He was sentenced in Montgomery Circuit Court on Monday after being charged two weeks ago with failing to deposit more than $3,600 in contributions into campaign accounts — a misdemeanor.
He also resigned his seat in the Alabama Senate as part of the plea deal.
“I’m just happy to still be here,” Burkette told the court following his sentencing, according to multiple media reports.
The former senator suffered a stroke in 2018 and has been confined to a wheelchair since. His current health status played a role in his sentence considerations.
The charges against Burkette stem from a series of complaints filed against him with the Alabama Ethics Commission — all of them related to various issues during his time on the Montgomery City Council. The charge for which he pleaded guilty occurred in 2015.
The Ethics Commission referred numerous charges to the Alabama attorney general’s office, according to sources familiar with the investigation of Burkette, but the attorney general’s office elected to charge Burkette with only the misdemeanor as part of the deal that saw him resign.
“Candidates for public office at the state, county and municipal levels must comply with the State’s Fair Campaign Practices Act,” said Attorney General Steve Marshall. “Personally profiting from campaign funds erodes public confidence in the system and will not be tolerated.”
Former state senator arrested on charges of violating campaign finance laws
David Burkette has been officially arrested. The former state senator from Montgomery, who resigned on Tuesday as part of a plea deal with the Alabama Attorney General’s Office, was formally charged on Thursday with a single misdemeanor count of violating the Fair Campaign Practices Act.
According to a press release from the AG’s office, Burkette’s charge stems from him depositing campaign donations into his personal account instead of into his campaign accounts, as required by the FCPA. The alleged crimes occurred in 2015 and 2016 when Burkette was serving on the Montgomery City Council.
“The complaint alleged that, in 2015 and 2016 while running for the Montgomery City Council, Burkette intentionally failed to deposit $3,625.00 in campaign contributions into his campaign checking account, and instead, deposited or cashed those contributions into or against his personal bank account,” the AG’s release stated.
The single misdemeanor charge is surprising given the lengthy list of allegations against Burkette submitted to the Alabama Ethics Commission. APR obtained a copy of the original report, which was submitted in October 2018.
In addition to more than $40,000 in allegedly improperly spent council discretionary funds that were flagged by auditors for the city of Montgomery, Burkette was also accused of inappropriately donating tens of thousands more to suspect charities and two sororities, including his wife’s.
The Ethics Commission referred Burkette’s case to the AG’s Office in October 2019.
Pro-Growth Conference kicks off with Doug Jones, discussions on COVID impact and a living wage
What happens if you just give impoverished citizens $500 per month — no strings attached? Good things, it turns out. The people use that income to buy food, medicine and basic necessities for life. They take a day off work if they’re sick and actually get treatment. They quit a second, hourly-wage job that they are overqualified for and instead work towards obtaining a better, higher-paying primary job.
These are things that the city of Stockton, California, has learned in its year-long living wage program.
The program, while limited in size — only 125 people — has proven to be a larger success than city officials had hoped, and it has opened their eyes to a new, more proactive style of governance, Stockton Mayor Michael Tubbs told Alabama elected officials.
Tubbs was the featured speaker on Tuesday at the first day of the Pro-Growth Policy Conference, a three-day forum for Alabama elected leaders with guest speakers from around the country offering tips and best practices.
The first day of the conference began with an opening talk from Sen. Doug Jones, who pressed the need for Medicaid expansion and how expansion has aided other red states. Jones also highlighted the need for broadband expansion and talked about a bill he has in the Senate that would create a broadband main office and dish out about $20 million in money for affordable access.
“Now (with COVID), we know how needed it really is,” Jones said. “We see the homework gap that we have. We know there’s a need for more telemedicine. My bill would consolidate in one office all of the monies for broadband … and provide affordable access.”
Jones said the current COVID pandemic has highlighted just how badly we need better access to broadband in Alabama, and a major area of concern right now is healthcare.
Highlighting that point, Brandon Garrett, the chief operating officer of the National Minority Quality Forum, and Dr. LaTasha Lee, the vice-president of social and clinical research, demonstrated the many ways in which inequality in health care and health care options is harming impoverished communities.
A number of factors play into that inequality, but a lack of access to updated means of communication and tools is one of the biggest.
“(Dr. Martin Luther King Jr.) said that, ‘Of all the forms of inequality, injustice in health care is the most shocking and inhumane because it results in physical death,’” Lee said. “That’s what we’re seeing currently with COVID-19 and sickle cell disease. These two diseases are affecting the minority community and causing death, and they make a great argument that such health care disparities really are a social justice issue.”
Correcting such issues was one of the goals of Stockton’s living wage experiment. Now, Tubbs said, a working person can afford to stay home or get tested if they’re feeling symptomatic, whereas before that person — scared of missing a paycheck or losing the job altogether — might come to work with the virus and infect an entire workplace.
That alone, Tubbs said, has restored dignity to a number of residents.
“This is not easy, especially with budgets the way they are,” Tubbs said. “But I don’t know how we continue to live with the status quo as it is.
“I think part of being a leader, as we are, is having the courage to do something about what we’re seeing. We have to be able to do that.”
The Pro-Growth Policy Conference will run both Wednesday and Thursday, 10 a.m. until 2 p.m. Wednesday’s round of conferences will focus on state grants, economic development around the state and what the 2021 legislative session might look like.
On Thursday, the event will wrap up with talks by the Equal Justice Initiative’s Bryan Stevenson and Alabama Congresswoman Terri Sewell.
Russell Bedsole wins Republican runoff in HD49
As of press time, it appears that Russell Bedsole has won a narrow victory over Mimi Penhale in the special Republican primary runoff election in Alabama House District 49.
At press time, Bedsole had a 166-vote lead in unofficial results on the secretary of state’s website.
“We won,” Bedsole declared on social media.
Bedsole is an Alabaster city councilman and a Shelby County Sheriff’s Department captain.
“Sadly, tonight did not turn out in my favor. Despite the loss, I feel like God truly used this opportunity to help me grow in my walk with Him, and gave me the opportunity to increase my testimony,” Penhale said. “I feel so incredibly blessed by the people I have met on this campaign and the experiences I have had. I am disappointed in the outcome, but what an honor it is to have the confidence of 1,183 people across House District 49! Thank you!!”
Russell Bedsole had 1,249 votes, or 51.36 percent, to Mimi Penhale’s 1,183, or 48.64 percent, to win the House District 49 Republican primary runoff.
There were just 2,432 votes cast in the special primary runoff election. Shelby County was the decisive factor in the election. Bedsole won Shelby County with 762 votes, or 71.42 percent, to Penale’s 305 votes.
Penhale carried Chilton and Bibb Counties, but could not overcome Bedsole’s strong performance in Shelby County.
The provisional ballots will be counted on Sept. 8, 2020, and certification of votes will occur on Sept. 16, 2020.
Bedsole will face Democratic nominee Sheryl Patton in the special general election on Tuesday, Nov. 17, 2020.
The vacancy in House District 49 was created when State Rep. April Weaver announced her resignation to accept a presidential appointment as a regional director in the Department of Health and Human Services.
In a statement, the Alabama Republican Party thanked “each of the candidates that qualified for offering themselves up for service in the Alabama State House of Representatives.”