Commerce Commission censures RANZCO

February 27, 2025 Drew Jones

New Zealand’s Commerce Commission has issued a compliance advice letter to the Royal Australian and New Zealand College of Ophthalmologists (RANZCO), following an investigation into concerns the College sought to restrict optometrists wishing to train to perform legally approved laser treatments.

 

Prompted by a complaint filed by the New Zealand Association of Optometrists (NZAO) mid-last year, the Commission’s investigation focused on a letter RANZCO sent to its members in April 2023. The letter counselled ophthalmologists against training hospital-based optometrists in Nd:YAG laser capsulotomies and laser peripheral iridotomies, despite these being legally approved scope extensions since May 2022.

 

The Commission’s concern was that in discouraging RANZCO’s members from training optometrists, the College’s letter had the potential to substantially lessen competition, said Vanessa Horne, general manager Competition, Fair Trading and Credit. “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,” she said.

 

Vanessa Horne

 

 

After the Commission raised its concerns with RANZCO, the College sent a clarifying letter to members stating it hadn’t intended to suggest ophthalmologists should refuse to participate in providing professional training for optometrists or that there was a risk of disciplinary action for those members who did.

 

In its February 2025 letter, the Commission said it had not reached a conclusion on whether RANZCO’s letter was or was not compliant with section 27 of the Commerce Act 1986, which only a court could determine. It acknowledged, however, that some ophthalmologists have now started taking steps to train hospital optometrists who meet the criteria and wished to expand their scope of practice to provide the scope-approved minor laser treatments.

 

The Optometrists and Dispensing Opticians Board (ODOB) welcomed the Commission’s ‘Compliance Advice Letter’ and RANZCO’s clarification letter, said Suzanne Halpin, ODOB chief executive and registrar. “Now that RANZCO has clarified its position, we expect this will reassure its members that they can provide training to optometrists without concern of retribution.” Given this, the ODOB anticipates an increase in optometrists participating in training programmes, she said, adding the ODOB had already received some applications for the specialist scope training.

 

 

Suzanne Halpin

 

 

Facilitating optometrists to work to the full extent of their professional capabilities, while encouraging collaboration with other healthcare providers, promotes more comprehensive, community-based care, said Halpin. “This not only enhances patients' access to eyecare and expands their choices but also helps alleviate some of the pressure on the healthcare system.” She also addressed patient safety concerns, which RANZCO cited in its April 2023 letter, pointing out once again that an optometrist’s eligibility for the specialist-scope training is subject to stringent requirements regarding their experience, the environment in which they practise and their supervision.

 

In its letter to RANZCO, the Commission said it did not intend to pursue any additional actions, but suggested RANZCO “keep the Act in mind when corresponding with members” while reserving the right to assess the matter further if new information is brought to its attention. Both RANZCO and RANZCO NZ said they had no comment to make on the matter.

 

The Commission’s letter is available at https://comcom.govt.nz/case-register.