A dispensing optometrist working in the Sutton Coldfield branch of Asda who allegedly fitted 14 patients with contact lenses while not qualified to do so is now facing a new disciplinary probe.
As reported in Optician, in January, (News, January 18) a hearing for David Agyeman was adjourned after a witness for the GOC was unable to attend.
During the hearing the GOC's fitness to practise panel heard that Agyeman carried out the fittings while working in the Minworth, Sutton Coldfield, branch of Asda between July 6, 2005 and August 31, 2005.
It emerged that on September 6, 2005, when the question of his qualification status was raised, Agyeman - who was employed through an agency - left. He subsequently claimed that because supervising optometrists were present on the premises, he was allowed to fit lenses.
At the latest hearing, held in London last week, following advice, the disciplinary committee halted the hearing and ordered that the case should be re-opened. It ruled that there should be a further legal requirement to establish who has to prove what in the case.
During the recent hearing, the argument over who has to prove what was also raised. The Council argued that it was Agyeman's responsibility to prove that the level of supervision was satisfactory and not their responsibility to show that it was not. The question of whether he was guilty or not of the allegation hinges on the supervision question.
The hearing will reconvene on June 30 for legal argument over who has to prove what.