Dear ECPs,

We are facing unprecedented and the most challenging times we have ever experienced as the entire world is engulfed in the COVID-19 pandemic. 

Optometry offices are closed and retail optical stores are closed or working on limited hours. All professional associations and educational groups, including AOE, are cancelling their annual conventions and educational meetings. Never in the history of Canada or even in the worst of recessions has the optical industry had to be shut down or unemployed. We are in this together and this crisis will bring us closer and we will emerge more united and stronger. We will use our AOE database and communications arm to keep you informed and educated.

We are Health Care Providers. We have the best prognosis for fast recovery. Let us be positive and see how we can share ideas and positive thoughts to get through this crisis. Together we will bounce back. We will serve our patients/clients with more vigour and confidence. We will emerge more knowledgeable.

Y. Ali Khan, RO, CEO - The Academy of Ophthalmic Education
A MESSAGE FROM THE COLLEGE OF OPTICIANS OF ONTARIO
Dear Registrant,

We have heard from a number of you this week with concerns for your personal safety and the safety of your patients. We are writing to provide you with an important update on the circumstances surrounding the COVID-19 virus.

Ministry of Health Directive
This morning, the Ministry of Health (MOH) issued a directive that requires all health care providers in Ontario to immediately cease all non-essential and elective services, or reduce them to minimal levels, until further notice. Allowable exceptions can be made for time sensitive circumstances to avert or avoid negative patient outcomes or to avert or avoid a situation that would have a direct impact on the safety of patients. Click here for the full directive.

What Does this Mean for Me?
As you know, earlier this week, the College of Opticians recommended that opticians suspend all non-essential in-person care. The MOH has now issued a directive to cease non-essential services, and accordingly this is no longer simply a recommendation. It is imperative that registrants follow this directive without delay.

What About Remote Practice?
The directive does not address whether it is allowable for health professionals to continue to offer non-essential services via remote or virtual practice, and therefore we are not providing any guidance on remote practice at this time. We will continue to update you as more information becomes available.

What is an Essential Service?
Under the MOH directive, opticians may continue to provide essential services only. What constitutes an essential service will be up to each optician’s individual judgment. The College will continue to develop its FAQs to provide further guidance on what constitutes an essential service.

What if My Employer is Still Telling Me to Report for Work?
If you work for someone else and are concerned that your workplace is not following the MOH’s directive, it is imperative that you let your employer know that you are required to comply. You may have to make important decisions if you have been asked to perform duties that you do not believe comply with the directive. As opticians, your obligations as a health professional must come first.

Recommendations to Dispensary Operators
If you are a dispensary owner, it is important that you recognize that this is not “business as usual,” and take steps to implement the MOH’s directive immediately. We recognize that there are professional, legal and economic consequences to these actions, and recommend that all dispensary owners inform themselves of their legal obligations as employers. Some cities (including the City of Toronto) have issued strong recommendations to close any non-essential retail services.

If your dispensary has ceased operations temporarily during this period, click here for some suggested content to create a sign for your dispensary. We recommend that you post a notice to patients informing them how they can access their practitioner for urgent matters.

For updates and answers to other frequently asked questions regarding the COVID-19 virus, please click here .
AOE Online now has almost 70 hours of COPE-approved courses for Optometrists and 49 hours of courses approved by the College of Opticians of Ontario and NACOR for Opticians and we are adding new courses every few months. Our online education is a great way to keep your CE requirements updated and your time occupied while you are at home in isolation. As a special bonus during this crisis, we have doubled the amount of free courses available on our website to 4.

Visit aoece.online to learn more and to sign up for FREE (no credit card required)
WHAT TO DO DURING YOUR DOWN TIME
Our faculty member, Dr. Justin Manning, OD, has some great constructive advise about how you can effectively use your down time during this outbreak and what you should know about COVID-19. Click on Dr. Manning's articles below. His advise is worth its weight in gold.
KEEPING YOUR DISPENSARY CLEAN
After your patients try on frames, antibacterial soap is effective in cleaning the frames. For an effective disinfection protocol, it is recommended following the CDC guidelines for the disinfection of surfaces. For disinfection, diluted household bleach solutions, alcohol solutions with at least 70% alcohol and most common EPA-registered household disinfectants should be effective. Diluted household bleach solutions can be used if appropriate for the frame material.

Cleaning refers to the removal of germs, dirt and impurities from surfaces. Cleaning does not kill germs, but by removing them, it lowers their numbers and the risk of spreading infection.

Disinfecting refers to using chemicals to kill germs on surfaces. This process does not necessarily clean dirty surfaces or remove germs, but by killing germs on a surface after cleaning, it can further lower the risk of spreading infection.

Take every step possible to ensure the health and safety of your patients.
OCULAR EMERGENCIES REFERRALS
Clarity Eye Institute, a big group of Ophthalmologists, has offered to triage ocular emergencies, which is a great service to our patients. Click here for further information.
WE NEED THE INDUSTRY'S SUPPORT
We need to reach out and open up the dialogue with the optical industry's suppliers now so that we can start planning on how to support each other. Since everyone is going to have cash flow problems, I request that the frame and lens suppliers work with all ECPs to see how we can negotiate graduated or extended payment terms for the products we have in stock in our dispensaries. It is very easy to shut down suppliers and close accounts but if ECPs are allowed to stay afloat, the wholesale Industry will benefit several folds. We should support each other. Our commitment to the Industry should be to honour our commitments and pledges.
ADVISE ON RENT DEFERRALS
The banks and federal and provincial governments are doing their part. We should open up dialogue with our landlords for special terms and exempt us from any lease default due to non payment of rent.

A Message from a Community Lawyer:
Many of my clients have been asking me if they can suspend rent payments if and when they are required to shut down due to COVID-19. This could be possible if your lease permits this. If it doesn't, the common law sets a high threshold for relief of rent payments by invoking the doctrine of "frustration" (i.e. the contract has been frustrated and, therefore, you cannot perform the terms of the contract and the contract must be treated as terminated). Below is a summary of your options. Note this email is not intended as legal advice, but just for your information. 
 
It is likely that you have a "Force Majeure" clause that will excuse you from the performance of any term under the lease, except for the "prompt payment of Minimum Rent, Additional Rent or other payments." This means that even if COVID-19 qualifies as a "Force Majeure," you still have to pay rent. If this is the case, I suggest the below options: 
  1. Speak with your insurer. If you have business interruption insurance, this should and typically does cover rent payments. Understand what will happen to premium payments, however, if that's the case and you plan to use your insurer. Note that the insurance company may have excluded some circumstances from the policy and this may be one. 
  2. Speak with your landlord and negotiate a moratorium on rent. Many landlords may be reasonable and permit a moratorium even if you have the above clause is in your lease. It is my experience that landlords will be interested in ensuring that your business survives so that you can pay future rent. If you do not have the "rent exclusion" outlined above then you can certainly invoke the Force Majeure clause. Regardless, I strongly suggest that you address this as soon as possible and that any agreements are made in writing as an amendment to the lease. 
Stay in touch with the Academy of Ophthalmic Education
35-35 West Pearce Street, Richmond Hill, Ontario L4B 3A9
T. 905-731-6022 | E. info@aoece.com