Seanad debates
Tuesday, 25 February 2003
Opticians (Amendment) Bill 2002: Committee and Remaining Stages.
Touching the cornea of the eye is important. The Minister said at the beginning of the Second Stage debate that, at present, opticians are not really allowed even to take a speck of dust out of the eye. Any medical practitioner is also extraordinarily sensitive about going near the eye because one can get into dire trouble so rapidly. I can only believe that this is the reason for the request to have this drug encompassed within the new regulations. Suppose there is a corneal tear, which can happen when a tonometer is being used. What is the legal liability of the optician, the to-be optometrist? After obtaining a copy of the Minister's regulations – a master stroke, as they were produced last Friday and I was obliged to explain them at a meeting of the IHCA on Sunday – I looked through the National Treasury Management Agency (Delegation of Functions) Order 2003, which is about extending enterprise liability to the National Treasury Agency. In it, the definition of "clinical claim" is given as "a claim connected with the provision of, or failure to provide, a professional medical service". It goes on to describe "professional medical services" as:
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