The North Carolina State Board of Optometry met in
Present for the station set-up and orientation on Saturday morning were the following Clinical Examiners: Drs. Tom Bull, Kenny Bumgarner, Ania Hamp, Don MacQueen, Maggie Metwalli, John Miller, Sandra Moore, Eric Oberdorf, Robert Rosenstein, and Matthew Vizithum.
At its first meeting on Friday evening, the President called the meeting of the Board to order at Dr. Banks was asked to open the meeting with prayer.
On a motion by Dr. Hendrix, seconded by Dr. Anderson and carried unanimously, the Board went into Closed Session in accordance with the provisions of the Administrative Procedures Act, specifically G.S. 143-318.11(a)(3), to receive a report and advice from Mr. Loper regarding the injections lawsuit, and particularly the mediation that occurred on July 27 regarding the two appeals filed by the Medical Board. Mr. Loper described to the Board the events of the July 27th mediation that led to the Memo of Settlement being executed by representatives of the Optometry Board and Medical Board. After briefing the Board and responding to the Board’s questions and inquiries with regard to the status of the litigation, the mediation, the pros and cons of the Memo of Settlement, and related issues, Mr. Loper requested that the Board, as provided in paragraph 8 of the Memo of Settlement, consider the memo and then either approve or disapprove of the Memo of Settlement. The President called for a show of hands of those Members favoring the approval of the terms of the Memo of Settlement so as to determine whether further information or advice from Mr. Loper was needed in closed session before a formal vote would be taken. There being no further questions of the attorney and there appearing a unanimous agreement among the Members of the Board to approve the Memo of Settlement, the President called for a motion to return to open session. The motion to return to open session was made by Dr. Hendrix, seconded by Dr. Anderson and carried unanimously.
Approval of the Memo of Settlement: On a motion by Dr. Banks and seconded by Dr. Anderson, the Board voted unanimously to (1) approve the terms of the Memo of Settlement; (2) instruct the Board’s attorney to so inform the attorneys for the Medical Board; (3) instruct the Board’s attorney to work with the attorneys for the Medical Board to prepare a final settlement agreement; and (4) authorize the President to execute the final settlement agreement when it is determined by the Board attorney and Board representatives who attended the mediation to be in conformity with the agreement reached at mediation.
Review of Complaints: The Executive Director reported that no new complaints had been received since the last meeting of the Board.
Approval of Minutes:
On a motion by Dr. Anderson, seconded by Ms. Mitchell and carried
unanimously, the Minutes of the Meeting held in
Clinical Examiners Honorarium: On a motion by Dr. Hendrix, seconded by Dr. Rafferty and carried unanimously, four days honorarium, travel and meal expenses for the Clinical Examiners were approved.
Report of the President: The President had no formal report.
Report of the Secretary/Treasurer: Dr. Rafferty presented the Budget Reports for
Report of the Executive Director: The Executive Director advised the Board that upon approval of the terms of the Memo of Settlement of the lawsuit by the Medical Board it would be advisable for this Board to quickly advise every North Carolina licensed optometrist of the Settlement and that certification by the Board to perform the procedures set forth in the Agreement to be drawn by the attorneys in accordance with the terms of the Memo of Settlement would be forthcoming over the next several months. Further, that until the licensee has met all the requirements established by the Board to be certified in any given procedure that is the subject of the Agreement and the licensee has fully met said requirements and has been certified in accordance with such requirements, no optometrist is to perform any procedure which has been the subject of this litigation. On a motion by Ms. Mitchell, seconded by Ms. Richardson and carried unanimously, the report of the Executive Director was accepted.
Meeting with Mssrs. Patterson and
Considine dba CPY Technolgoies: At the request of the Board, Mr. Patterson
and Mr. Considine met with the Board on Saturday morning to explain the delay
in conversion of the Board’s data system to a “windows operating system”. A system that was promised to be complete in
order to begin entering data on
The following individuals, their applications having been approved, appeared for examination:
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 2005 Examinations, the President appointed Dr. Anderson to represent the Board along with the Executive Director in conducting the review(s).
The next meeting of the Board will be held in