David B. and Janis Hubbard - Page 3

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          using a manual refractor.  To perform subjective refractions,               
          petitioner would have his patients sit in an examination chair              
          behind a manual refractor, view various charts through lenses in            
          the manual refractor, and answer a series of questions that                 
          petitioner would ask them.  Subjective refractions of patients              
          would take approximately 5 to 10 minutes each.                              
               On disabled patients, however, petitioner occasionally was             
          not able to perform subjective refractions.  For example, some              
          mentally handicapped patients and hearing impaired patients were            
          unable to understand and answer questions asked during subjective           
          refractions, and some physically disabled patients could not be             
          moved from their wheelchairs into petitioner’s examination chair            
          behind the manual refractor.                                                
               Although petitioner and hearing impaired patients could                
          write notes to each other during subjective refractions, it was             
          difficult for hearing impaired patients to look through the                 
          manual refractor while reading notes from and writing notes to              
          petitioner, thereby affecting the accuracy of the subjective                
          refractions.                                                                
               Prior to 1997, as a result of the above difficulties in                
          diagnosis, petitioner was not able to treat a number of disabled            
          patients, and petitioner referred those disabled patients to                
          other optometrists located in distant communities.  In 1996, due            
          to petitioner’s inability to treat them, approximately 30                   






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