Minutes of the

North Carolina State Board of Optometry                                                        

March 24, 2004                                                                                              

Raleigh, North Carolina                                                                                  


The North Carolina State Board of Examiners in Optometry met in Conference Room A in the offices of Womble, Carlyle, Sandridge and Rice in Raleigh, North Carolina on Wednesday, March 24, 2004, to determine the results of the Winter 2004 Clinical/Practicum Examinations and for other purposes.  Present were Drs. Scott Edwards, President, David Baxter, Secretary-Treasurer, David Anderson, Joel Banks, William Rafferty and Mrs. Trudy Mitchell, Members of the Board.  Also present were Dr. John Robinson, the Board’s Executive Director, Janice Peterson, RN, the Administrative Secretary, and Mrs. Sara Roberts, the Administrative Assistant.  Mr. Johnny Loper, the Board’s attorney, joined the meeting while in closed session to update the Board on current litigation.


The President called the meeting to order at 9:20 A.M. and called upon Mrs. Mitchell for the opening prayer.


Approval of Minutes


On a motion by Ms. Mitchell, seconded by Dr. Baxter the minutes of the November 13 – 16, 2003 meeting as corrected were unanimously approved.


On a motion by Ms. Mitchell, seconded by Dr. Banks the minutes of the February 13 – 15, 2004 meeting as corrected were unanimously approved.


On a motion by Ms. Mitchell, seconded by Dr. Anderson the minutes of the February 23, 2004 meeting were unanimously approved.


The Report Of The Secretary-Treasurer.  The Budget Report for the period covering July 1, 2003 through March 22, 2004 was presented by the Secretary/Treasurer.  A summary of major expenses was attached.  There was a brief discussion of the Board’s current investment policy; however, no action was taken.  


On a motion by Dr. Banks, seconded by Dr. Anderson, the report of the Secretary/Treasurer was accepted.


The President assigned Dr. Anderson to work with Dr. Baxter and Dr. Robinson to review the current investment policy, and for the three of them to meet with Mr. Charles Bridges of Legg Mason to review and recommend options for investments, keeping in mind the need of sufficient reserves for operations and legal expenses, and to report their recommendations at the June 2004 meeting.


Report Of The Executive Director.  The Executive Director presented a memorandum dated March 23, 2004 to the Board from Mr. Ernie Patterson concerning the status of the work being done by his company, CPY Technologies, to convert the Board’s data management system that has been in use since the early 1980’s to a windows operating system. 


Drafts of memoranda relating to the Board policies in the approval of continuing education courses and the promotion of one’s practice of optometry by using terms indicating that the practitioner was “Board Certified” were distributed.  Both matters have been subjects of earlier communications to licensees from the Board.  In June of 1996 and again in November of 1996 the Board warned that the use of the term Board Certified or similar terms implying “certification” would subject individuals so using to discipline by the Board


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


The President assigned Dr. Rafferty to work with the Executive Director to finalize statements to be submitted to the Board at its meeting in June for consideration for adoption as “Policy Statements” on the subjects of Board Certification and Continuing Education Course Approval.


Board Policy On The Release of Spectacle And Contact Lens Prescriptions.  Dr. Banks presented the recommendations for change in the Board’s Policy Statement on the release of spectacle and contact lens prescriptions based upon the recently enacted legislation by the United States Congress.  Following discussion, Dr. Banks moved and Dr. Baxter seconded a motion that the revised Policy Statement be adopted.  The motion carried unanimously.


Closed Session   At 9:30 A.M. on a motion by Dr. Baxter, seconded by Dr. Anderson and carried unanimously the Board went into closed session in accordance with the provisions of  GS 143-318.11(a)(3) in order to receive counsel and advice from its attorney with regard to pending litigation.  In such closed session, the Board received a report from Mr. Loper on the status of litigation with the North Carolina Medical Board, an update on the recent argument of the Medical Board’s motion to dismiss that litigation, and potential strategies for such litigation.  Mr. Loper responded to various questions from the Board members regarding the litigation and related issues.  No vote was taken in the closed session.


At 10:15 A.M. on a motion by Ms. Mitchell, seconded by Dr. Banks and carried unanimously the Board went back into open session.


Review Of  The Scoring Of The Winter 2004 Clinical/Practicum Examinations*

Following a review of the scoring of each applicant on the Winter 2004 Examinations it was moved by Dr. Rafferty, seconded by Dr. Baxter and carried unanimously that the following individuals were successful in passing the Examinations, that they be so notified and that their names be entered into the Board Registry with their license numbers as follows:


Sharon Kiefer Barentine, O.D.  #1927             

            Kathleen Brown-Juliano, O.D.  #1928             

            Bonnie Pan Chen, O.D.                        #1929             

            Lori Walker Couch, O.D.                     #1930             

            Gail Louise Cox, O.D.              #1931             

            Lisa Barnhart Fox, O.D.                       #1932             

            Jamie Jones Hanna, O.D.                      #1933             

            James Edward Harris, O.D.                  #1934             

            Amanda Beth Hendrix, O.D.                 #1935             

            Jason Robert Price, O.D.                      #1936             

            Philip Michael Roels, O.D.                    #1937             

            Maria Beth Smith, O.D.                        #1938             

            Giovanni Venittelli, O.D.                       #1939      



and that the following individuals were not successful in passing and that they be so notified:


            Angela Holland Bergin, O.D.

            Patrick Kevin Fahey, O.D.

            Denis Paul Finney, O.D.

            Steven Leon Haleo, O.D.

            Stacy Renell Humberson, O.D.

            Adrienne Pritchard Nowicki, O.D.

            W. Bruce Pope, O.D.

            Hiten Prahlad Prajapati, O.D.

            Eva Shiau, O.D.


Revocation Of Licensees For Non-renewal.


Amy Armstrong, O.D.    As a licensee who is not practicing in the state, Dr. Armstrong acknowledged the Board’s letter in which she was notified that her license was to be revoked for non-payment of the 2003 renewal fee.  In a written response to the Board she opined that she could have her license moved to an inactive status, and that at such time as she might want to make it active she could pay renewal fees plus penalties back to the date it became inactive.  Since there is an apparent misconception on Dr. Armstrong’s part, the Executive Director was instructed to correct her in this regard, and to notify her that unless the appropriate renewal fees plus penalties are received in the Board office within ten (10) days of the receipt of the notice, her license would be considered revoked in accordance with the provisions of Article 6 of Chapter 90 of the General Statutes of North Carolina.                  


The next regularly scheduled meeting will be in Myrtle Beach, S.C. starting at 9 A.M. on Thursday, June 3, 2004 and ending no later than 2:00 P.M. on Sunday, June 6, 2004.


There being no further business at 2:35 P.M. Dr. Baxter moved and Dr. Anderson seconded a motion that the meeting be adjourned.  The motion carried unanimously.


*In the absence of any member of the public being present during the meeting it was not necessary for the Board to go into closed session to review the examination scoring.