OO is given maximum fine but not struck off

A Kensington optometrist has been found guilty of serious professional misconduct and fined the maximum charge of £1,600 by a GOC disciplinary committee.

Between September 16 2001 and September 23 2002, Sam Silver was accused of issuing a GOS3 voucher to nine patients with no spherical elements and cylindrical elements of no more than -0.25 dioptres.

Silver, who admitted the charges, said he supplied the patients with clear vision plano lenses to correct their vision by 'masking'. 'If patients told me they saw an improvement in their vision when wearing the lenses I saw no reason not to prescribe them,' he said.

GOC representative Nick Leale argued that plano lenses did not correct vision and were for cosmetic purposes only. At last week's hearing he also accused Silver of claiming around £30 per voucher.

'Issuing NHS optical vouchers where they were not required is in clear breach of regulations,' he said.

Daniel Stilitz, representing Silver, said that his client had acted in good faith and accepted he had made an error of judgement, but the committee still ruled against him.

Its chairman, Heather Wilcox, said: 'Scarce public funds have been expended without reasonable benefit. While you have probably not harmed your patients, the prescriptions cannot be justified and are totally unacceptable.

'Had there been evidence of more widespread practice we would certainly have erased your name from the Register. As things are our judgement has been finely balanced.

'The evidence of your good character, your own evidence that you have changed your approach, and your admission that you were in error, have all combined to persuade us that we should not go that far.