The West Virginia State Medical Association and the West Virginia Academy of Eye Physicians & Surgeons have filed a lawsuit asking the state court to enjoin a new rule, supported by the West Virginia Board of Optometry and signed in March by the state's governor, that allows optometrists to perform some eyelid procedures and surgeries, according to an Oct. 20 report from the American Medical Association. The suit also seeks an immediate injunction to halt the practice.
The plaintiffs claim the board exceeded its rulemaking authority in allowing the optometrists to perform the procedures.
Specifically, it claims the board did not apply to the state’s Joint Standing Committee on Government Organization about the rule change, provide that committee with a statement from 10 West Virginia residents who are members of the optometry profession and support the rule change, and establish whether eyelid procedures and surgeries are taught at 50% of all accredited optometry schools, as West Virginia law requires.
Arkansas, Colorado, Kentucky, Louisiana, New Mexico, Oklahoma, Tennessee, Virginia and Washington currently have laws that allow optometrists perform surgery.