Thursday, February 13, 2025

ComCom issues compliance advice to ophthalmologists college

The Commerce Commission today issued a compliance advice letter to the Royal Australian and New Zealand College of Ophthalmologists (RANZCO), following an investigation into concerns the professional body had sought to restrict optometrists from receiving the training required to perform certain surgical procedures.

The investigation focussed on a letter issued by RANZCO to its member ophthalmologists counselling them against facilitating optometrists to perform two types of laser eye surgery, despite a legal change in optometrists’ scope of practice in 2022. The change in the scope of practice enables optometrists to perform specific surgical ophthalmic procedures, provided they have been trained to perform these procedures by an ophthalmologist, the Commission said in a statement.

General Manager Competition, Fair Trading and Credit, Vanessa Horne said that while the Commission hadn’t reached a final view on whether the conduct amounted to a breach of the Commerce Act, RANZCO’s actions were potentially problematic. 

“In this case, we were concerned that RANZCO’s letter discouraged its members from training optometrists to perform these surgical procedures, with the potential to substantially lessen competition,” she said.

“It also had the potential to negatively impact patients waiting for these surgeries and cause Te Whatu Ora and private insurers to pay more for them.

“Trade associations, professional bodies and their members should be aware they could be held liable under the Commerce Act for any anti-competitive recommendations made by the trade association or professional body.

“Under the Act, recommendations are deemed to be an arrangement between a professional body and its members, unless members expressly disassociate from them or can show that they were not aware of them. Recommendations could raise competition concerns if they affect areas where members of an association compete – either against one another or with other suppliers.”

As a result of initial concerns raised by the Commission, RANZCO sent a clarifying letter to its members stating it hadn’t intended to suggest that ophthalmologists should refuse to participate in programmes to provide professional training for optometrists, or that there was a potential risk of disciplinary action for member ophthalmologists who did.

Ms Horne said the clarified position brought the Commission’s investigation to a close.

“We’re pleased to see RANZCO clarify its position, ensuring Kiwi patients don’t miss out on the benefits of competition. As this case demonstrates, it’s important for trade bodies, professional associations and membership organisations to ensure they familiarise themselves with the Commerce Act to avoid falling foul of the law,” she said.

The letter is available to read on the Commission’s case register.

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