The American Optometric Society Lawsuit Against the American Board of Optometry

In 2010, the American Optometric Society filed a lawsuit against the American Board of Optometry (ABO). It is now pending in the United States District Court for the Central District of California before U.S.District Judge Howard Matz. 

In the lawsuit the AOS made two specific sets of allegations. In the first the AOS alleged that various advertisements and representations made by the ABO which suggested that ABO certification demonstrated competence beyond that required for licensure as an optometrist, were false and misleading. As a result, on September 2, 2011, Judge Matz issued a permanent injunction forever barring the ABO from making these statements, in any form of media.

In the second phase of the lawsuit the AOS contends the use by the ABO of the phrases “board certified” and “board certification” should be banned because they are misleading and confusing to the public. Optometric competence, the AOS alleges, is assured by licensure. Only competence as a specialist, which requires training and expertise beyond that required for licensure, is measured or assured by board certification. The AOS lawsuit alleges that the ABO’s use of those phrases confuses and misleads the public because it conveys the false impression that an ABO certified optometrist is a “specialist” that has extensive education and training beyond optometry school, beyond that required for licensure, and beyond that of other optometrists, because that’s what those terms have meant for decades in health care. 

“There is no mission more important to the AOS than supporting and defending the exceptional competency and quality of care provided by optometrists across the United States against statements that suggest we are anything less than highly trained experts in eye care, no matter the source of the statements,” said AOS President Pam Miller, OD, FAAO, JD “The AOS does not take prosecuting a lawsuit lightly, and the Board, but the actions of the ABO and its unwavering determination to make ABO certified doctors appear more qualified than other optometrists simply left us no choice.”

“The AOS believes that board certification is unwanted and unneeded in optometry,” says Dr. Miller, “but if the AOA is determined to continue its support of the ABO, it is essential to the credibility of our profession, and to prevent the ABO from being a divisive force within optometry, that the ABO be honest in describing what ABO certification means. We cannot stand by while the ABO demeans the qualifications of optometrists that choose not to become ABO certified. ABO certification does not require any amount of formal training, education, or competency beyond that of other optometrists, whom have already proven they have the training and skills required to provide exceptional care to their patients. The AOS is determined to defend optometric competence and credibility as a profession.”

If you would like to donate to our legal fund please click the link below.