Minutes of

North Carolina State Board of Optometry

July 31 August 3, 2003

Jane McKimmon Center

Raleigh, North Carolina



The North Carolina State Board of Optometry met in Raleigh, North Carolina Thursday, July 31 through Sunday, August 3, 2003 to conduct the Summer 2003 Clinical/Practicum Examinations at the Jane McKimmon Center on the Campus of North Carolina State University and for other purposes. Present were Drs. Scott Edwards, President, Joel Banks, William Hendrix, William Rafferty and Ms. Trudy Mitchell, Members of the Board. Absent due to illness were Dr. David Baxter, Secretary-Treasurer and Mr. Jim Richardson. Present as Staff were John D. Robinson, OD, Executive Director, Janice Peterson, RN, Administrative Secretary and Ms. Sara Roberts, Administrative Assistant. Mr. Johnny Loper, the Boards Attorney was present on Friday afternoon to meet with the Board following the end of Fridays examination sessions to discuss with the Board in closed session potential litigation.


Present at the Examinations as Clinical Examiners were Drs., Kenny Bumgarner, Tom Bull, Michael Clark, David King, Don MacQueen, Magda Metwalli, Sandra Moore, Robert Rosenstein, Yvonne Shook and Kerry Sullivan. Present on Saturday as an observer was Dr. Ania Hamp. Also present was Dr. David Anderson, nominee for appointment by the Governor to the North Carolina State Board of Optometry.


On Thursday evening Dr. Rafferty spent an hour with the Board and Clinical Examiners in the review of the scoring methodology for the procedures station and the revised examination format.


On Friday evening at 6 P.M. following the first day of examinations the President called the meeting of the Board to order.


On a motion by Dr. Hendrix, seconded by Dr. Rafferty and carried unanimously the Board went in Closed Session in accordance with the provisions of the Administrative Procedures Act, specifically G.S. 143-318.11(a)(3), to discuss matters of litigation with its Attorney.


Closed Session. In closed session, Mr. Loper discussed with the Board various possibilities for resolving the longstanding issue with the Medical Board concerning whether optometrists may use certain injections to diagnose and treat conditions of the eye and its adnexa; discussed with the Board the merits of joining in an amicus brief to be filed in support of the Dental Boards position in the Watkins case; and discussed with the Board the potential disciplinary and legal implications of the lawsuit filed against an optometrist.


After Mr. Loper provided his analysis of these matters and responded to questions from the Board Members on matters of legal positions and legal advice, the Board voted to return to open session.


Upon returning to Open Session at 6:50 P.M., on a motion made by Dr. Hendrix and seconded by Dr. Banks, the Board voted unanimously to authorize its legal counsel to draft certain documents for consideration by the Board as a method of resolving prior discussions with representatives of the North Carolina Medical Board over the issue of whether optometrists may perform certain types of injections.


On a motion by Ms. Mitchell and seconded by Dr. Hendrix the Board voted unanimously to authorize its legal counsel to file an amicus brief as requested by the North Carolina Dental Board in a matter of Watkins v. North Carolina State Board of Dental Examiners that is currently on appeal to the North Carolina State Supreme Court.


Review of Complaints. The Executive Director briefly outlined a self-filed complaint by a licensee who has had a mal practice lawsuit filed against him. He recommended that the Board begin an investigation that could lead to a probable cause hearing in the matter. On a motion by Dr. Hendrix, seconded by Dr. Banks and carried unanimously the Executive Director was instructed to begin an investigation and that he, the Boards attorney and Dr. William Rafferty serve as the Boards Probable Cause Committee in the matter.


On a motion by Dr. Banks seconded by Dr. Hendrix and carried unanimously the minutes of the June 5 8, 2003 as corrected were approved.


On a motion by Ms. Mitchell seconded by Dr. Hendrix and carried unanimously the minutes of the Annual Meeting held on June 12, 2003, by conference telephone as corrected were approved.


Clinical Examiners Honorarium. On a motion by Ms. Mitchell seconded by Dr. Hendrix 4 days honorarium, travel and meal expenses for the Clinical Examiners were unanimously approved.


The President had no formal report. .


In the absence of the Secretary/Treasurer the President and the Executive Director presented the Budget Reports for the periods 07/01/02 through 06/30/03 and 07/01/03 through 08/1/03. The exact amount that the income exceeds the expenses during the fiscal year just ended must await the receipt of the annual audit; however, it appears that it will exceed the amount of the deficit incurred during fiscal year 2001 - 2002. Following the answering of questions and a brief discussion, there was a motion by Dr. Banks seconded by Ms. Mitchell that the financial report be accepted. The motion carried unanimously.


The President asked that the Executive Director have a complete analysis as is possible of the Boards investment accounts at the next meeting of the Board. It was pointed out that the Annual Audit now in progress should be completed by that time and that the Boards current financial position including investments will be stated therein.


The report of the Executive Director. The Board was updated on the progress of several investigations that are currently underway. In the Board office the part time employee has completed scanning all of the licensing files and is now starting to scan the complaint and disciplinary files. The Board has had a request from the President of the North Carolina State Optometric Society to issue a Declaratory Ruling as to the appropriateness of optometrists utilizing certain CPT Codes that do not appear in the AGREEMENT as currently written between the Medical and Optometry Boards (and other parties) for the purpose of billing optometric services in the areas of vision training, developmental vision and rehabilitative optometry. However, in communication with the representatives of the State Optometric Society there has not been sufficient information submitted for the Boards Staff and Attorney to proceed to fashion a Ruling. On a motion by Dr. Rafferty seconded by Ms. Mitchell the report of the Executive Director was unanimously accepted.


The President asked Dr. Banks to work with the Executive Director and representatives of the State Society to a draft a proposed ruling determining those CPT Codes that can be properly used by optometrists to bill for optometric services relating to vision training, developmental vision and optometric services provided in the rehabilitation of brain injured patients to be presented to the Board as soon as possible for its review and subsequent approval.


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


Perry Joseph Castellano, O.D.

Gurpreet Kaur Chadha, O.D.

Tiffany Layne Chase, O.D.

Lori Couch, O.D.

Gail Cox, O.D.

Devon Charles Dvorzsak, O.D.

Terry W. Ellington, O.D.

Patrick Fahey, O.D.

Lisa B. Fox, O.D.

Kent A. Haefs, O.D.

Steven Haleo, O.D.

Jamie Hanna, O.D.

James Harris, O.D.

Jason Lawrence Hendrix, O.D.

Samuel Ryan Hobbs, O.D.

Kevin Paul Hoye, O.D.

Jonathan F. Jackson, O.D.

Stephanie Carol Johnson, O.D.

William Kastern, O.D.

Jung Eun Kim, O.D.

Frances Clare Kramer, O.D.

David Jerome Kulesia, O.D.

Megan Harrold Latham, O.D.

Tiffany Le, O.D.

Erica Snyder Morris, O.D.

Robert Willilam Morris, O.D.

Jennifer L. Harrelson Murphy, O.D.

Nima A. Naik, O.D.

Zachary Stephen Nobles, O.D.

Adrienne Nowicki, O.D.

Nilpa Patel, O.D.

Hiten Prajapati, O.D.

Dustin Lee Reece, O.D.

Rosanna Richards-Delatour, O.D.

James H. Singletary, O.D.

Balpreet Sohi, O.D.

Stephanie Leigh Tompkins, O.D.

Lisa Carol Whitman, O.D.

Crystal Whittington, O.C.

Katherine S. Whittington, O.D.

Susan Yee, O.D.



The following individual failed to appear for examination:


Karen Weber-Mullican, O.D.

Examination Review. In the event that there are candidates who wish to review their examination scores following the receipt of the results of the Summer 2003 Examinations, the President appointed Dr. Banks to represent the Board along with the Executive Director in conducting the review(s).


At the end of the last session of the Summer 2003 Examinations on Sunday afternoon, August 3, 2003, the meeting was adjourned at 5:40 P.M.


The next meeting of the Board will be in Wallace, North Carolina on September 19 - 21, 2003