Minutes of the

North Carolina State Board of Optometry

January 31 – February 2, 2003

Jane McKimmon Center

North Carolina State University

Raleigh, North Carolina



The North Carolina State Board of Examiners in Optometry met at the Jane McKimmon Center on the campus of North Carolina State University in Raleigh, North Carolina on Friday, January 31, 2003 through Sunday, February 2, 2003 to conduct the Board’s winter 2003 examinations and for other purposes.  Present were Drs.William Hendrix, President, Scott Edwards, Secretary-Treasurer, Joel Banks, David Baxter, William Rafferty and Ms. Trudy Mitchell and Mr. James Richardson, Members of the Board.  Also present were Dr. John Robinson, the Board’s Executive Director, Ms. Janice Peterson, the Administrative Secretary and Ms. Sara Roberts, the Administrative Assistant.  Also present on Friday afternoon was Mr. Johnny Loper, the Board’s Attorney.  Present as Clinical Examiners were Drs.  Bonnie Aiken, Tom Bull, Michael Clark, Robert Harding, David King, Don MacQueen, Sandra Moore, Robert Rosenstein, Yvonne Shook, and Robert Sullivan.


The President called the meeting of the Board to order at 3 o’clock P.M.


On a motion by Dr. Rafferty seconded by Dr. Baxter it was proposed that in accordance with the provisions of NCGS 143.318.11 (a) (3) the Board go into closed session with its attorney to discuss potential litigation, to have Mr. Loper review his discussions with Mr. Thom Mansfield from the Medical Board as authorized by the Board at its last meeting, and to seek Mr. Loper’s counsel as to how the Board should proceed at this point.  The motion carried unanimously.


The Board entered closed session with only Board members, Board staff and Mr. Loper present.  During such closed session, Mr. Loper discussed alternative means of litigating the issue of whether properly credentialed optometrists may perform certain procedures involving the use of injections and his conversations with Mr. Mansfield on such subject, and provided advice to the Board in this regard.  The Board determined to seek further advice from Mr. Loper after discussions with members of the State Optometric Society.


Following the end of the closed session, it was the consensus of the Board that the State Optometric Society, having had a continuing interest in the matters now subject to litigation, should be apprised of the current situation and given the opportunity to communicate to the Board their position on the interpretation of the scope of optometric practice as currently stated in the General Statutes of North Carolina.  To this end, the President called a special meeting of the Board on Thursday, February 13, 2003 at 3:00 P.M. in Raleigh at the Law Offices of Womble, Carlyle, Sandridge and Rice for the purpose of further discussion, having given the opportunity to be heard by that date to the leadership of the State Association.


Mr. Loper updated the members of the Board on billing issues involving denial of payment for certain procedures being billed by optometrists to Medicaid.  He has not yet received a response to his last letter to Ms. Paulette Jones wherein he asked for the details of how the Department arrived at their decisions as to who would and who would not be reimbursed for procedures that fell within the  scope of practice of both optometrists and ophthalmologists.  As details are forthcoming the Board will be kept informed.


On a motion by Dr. Baxter and seconded by Ms. Mitchell the minutes of the November 14 – 17, 2002 meeting  continued on January 2, 2003 were approved unanimously.


The President gave no formal report.


The Secretary-Treasurer presented the Budget Report for the period covering July 1, 2002 through January 27, 2003.  Following a brief discussion and the answering of questions by the Secretary/Treasurer and the Staff on a motion by Dr. Baxter, seconded by Mr. Richardson the report of the Secretary-Treasurer was accepted unanimously.


The Executive Director’s report, while brief, emphasized the need to remind every licensee of their responsibility to obtain a Branch Office License for each location in which they practice.  It appears that there are a number of offices where licensees are going as relief practitioners without obtaining a Branch Office License.  Since there are now a number of practices throughout the state that are open longer hours, including weekends and some holidays that require the hiring of relief practitioners, there is mounting evidence that some licensees are performing relief services without first obtaining the required license.   There is also the need to place special emphasis on the fact that the Board’s regulations require that the Branch Office License be displayed at the location for which it was issued.  Finally, Dr. Rafferty notified the office following the Asheville meeting that he has arranged his schedule to attend the Regional ARBO and SECO International Meeting February 18 – 23, 2003 in Atlanta along with the Drs. Hendrix and Robinson.


On a motion by Dr. Baxter and seconded by Dr. Banks, the report of the Executive Director was accepted unanimously.


The following licensees have not renewed their license for calendar year 2002.


            Paul T. Schrum, O.D.

            S. Scot Haire, O.D.

            Daniel T. Brown, O.D.

            Wallace, B. Guerrant, O.D.

            Barry Lebowitz, O.D.

            Ivan Lee, O.D.

            Charles Holtzclaw, O.D.


On a motion by Dr. Edwards and seconded by Mr. Richardson,  the Executive Director was directed to send each of the above licensees a certified letter at their last known address informing them that unless all fees, including penalties, for renewal of their 2002 license plus the renewal fee and penalty for the renewal of their 2003 license is received in the Board office postmarked no later than February 28, 2003,  their license to practice optometry in North Carolina will be permanently revoked in accordance with the provisions of Article 6 of Chapter 90 of the General Statutes of North Carolina.  The motion carried unanimously.


On a motion by Dr. Edwards, seconded by Mr. Richardson, and carried unanimously the honorarium for the Clinical Examiners for participating in the winter 2003 Examinations was approved for payment at the rate of $ 200.00 a day for the 3 days.


The following applicants, their applications having been approved, appeared for examination:


                                    Joyce N. Adeleke, O.D.

                                    Lila A. Cantrell, O.D.

                                    Perry J. Castellano, O.D.

                                    Tiffany L. Chase, O.D.

                                    Jana L. Crim, O.D.      

                                    Jay D. Crim, O.D.

                                    Rachel S. Dobbs, O.D.

                                    Eric C. Dudley, O.D.

                                    Terry W. Ellington, O.D.

                                    Patrick K. Fahey, O.D.

                                    Lisa Barnhart Fox, O.D.

                                    Stephanie L. Fox, O.D.

                                    Larry S. Golson, O.D.

                                    Lisa E. Graybeal, O.D.

                                    Stephen L. Haleo, O.D.

                                    Leanne A. Levitt, O.D.

                                    Kelly C. MacDonnell, O.D.

                                    Tracey L. MacIntyre, O.D.

                                    Dustan C. Martin, O.D.

                                    Patrick M. McLaren, O.D.

                                    Nima A. Naik, O.D.

                                    Craig M. Poole, O.D.


A special meeting of the Board will be held in Raleigh, NC on Thursday, February 13, 2003 at the Law Offices of Womble, Carlyle, Sandridge and Rice beginning at 3:00 P.M.


The next regularly scheduled meeting of the Board to review the results of the Winter 2003 Examinations and for other purposes will be held in the Board office in Wallace, NC beginning Friday Evening, March 14, 2003 at 4:00 P.M. and end at 5:00 P.M. on Saturday afternoon, March 15, 2003..