Minutes of

North Carolina State Board of Optometry

July 30-August 3, 2009

Jane McKimmon Center

Raleigh, North Carolina




The North Carolina State Board of Optometry met in Raleigh, North Carolina, Thursday, July 30 through Monday, August  3, 2009 at the Jane McKimmon Center on the Campus of North Carolina State University to conduct the Summer 2009 Clinical/Practicum Examinations, to hear reports from the officers and staff, to review complaints and for other purposes.  Present were Dr. Joel Banks, President, Mr. Roger Mitchell, Secretary/Treasurer, Drs. David Anderson, Michael Clark, William Rafferty, William Hendrix  and Ms. Mary Richardson, Members of the Board.  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 Board’s Attorney, was present on Thursday and again during lunch on Sunday to meet with the Board in closed session to discuss litigation and policy matters pursuant to GS 143-318.11(a)(3).  Present as Clinical Examiners were: Drs. Jill Bryant, Kenneth Bumgarner, Jamie Casper, Ania Hamp,  Dave King,  Magda Metwalli, John Miller, Sandra Moore, Brett Munn, and Robert Rosenstein. Present as an observer for a full day of the examinations was Dr. Scott Gordon.  Dr. Christopher Lievens from Southern College of Optometry also observed the examinations for a full day on Sunday. 


At 4:15 p.m. Dr. Banks called the Board meeting to order and offered an opening prayer.  In accordance with the State Government Ethics Act, he read the North Carolina State Ethics Commission “Ethics Awareness & Conflict of Interest Reminder”.


APPROVAL OF MINUTES.  On a motion by Dr. Anderson seconded by Dr. Clark and carried unanimously, the Minutes of the Meeting held in Myrtle Beach, June 11-14, 2009 were approved.


On a motion by Dr. Rafferty, seconded by Dr. Anderson and carried unanimously, the minutes of the Annual Meeting held at noon on June 11, 2009 were approved.


REPORT OF THE PRESIDENT.  Dr. Banks had no formal report; however, he did take the opportunity to thank the Members of the Board for their trust and faith in his leadership abilities by electing him to serve a second term as President for the 2009 - 2010 fiscal year.   



REPORT OF THE SECRETARY/TREASURER.  Mr. Mitchell presented the Budget Report for the period 07/01/09 through 07/31/09.     Upon a review of the Report by Members of the Board and the answering of questions, a motion was made by Mrs. Richardson, seconded by Dr. Anderson and carried unanimously to accept the report of the Secretary/Treasurer. 


REPORT OF THE EXECUTIVE DIRECTOR.  There are a number of issues that were brought to the Board’s attention that will require action in the immediate future.  They include:


Dr. Banks, I have nothing further to report at this time.        


On a motion by Dr. Clark, seconded by Dr. Anderson and carried unanimously the report of the Executive Director was accepted.


On a motion by Dr. Clark, seconded by Mr. Mitchell and carried unanimously the Board authorized Dr. Anderson, at his discretion, to seek the services of an ‘outside’ expert in the ‘writing’ and use of software for data management similar to that being written for the Board to review and make a professional appraisal of the work done to date in the writing of the Board’s new software and the programs that have been created to meet the Board’s data management needs, including but not limited to, the renewal of licenses, issuing and tracking branch offices, management of continuing education courses and credits earned by licensees and tracking and renewal of licenses for professional corporations, said expert or consultant to work with the cooperation of the Board’s Executive Director, Administrative Secretary and Mr. Dixon.


REVIEW OF COMPLAINTS:  There was discussion regarding a complaint that had been filed relative to a yellow page ad for an optometrist in this state and the implication in the advertisement that the practice offered “retinal laser surgery” and “cataract surgery”.  Appropriate letters of concern and the violations in question pointed out to the respective licensees will be forthcoming from the Board attorney.



CLOSED SESSION.  On a motion by Mr. Mitchell, seconded by Dr. Anderson and carried unanimously, the Board went into Closed Session to receive information and advice from the Board’s attorney and to  discuss matters of litigation pursuant to GS 143-318.11(a)(3).


 In closed session, the Board received a report from Mr. Loper regarding (1) the results of research performed by Mr. Loper’s firm concerning possible responses to a petition for rulemaking filed with the North Carolina Medical board by the North Carolina Medical Society and others seeking to have the Medical Board regulate the use of the term “doctor” under certain circumstances and the possible effect of such a rule, if enacted, on health care providers not licensed by the Medical Board; and (2_ the results of research performed by Mr. Loper’s firm  regarding possible response to the American Optometric Association regarding its establishment of the American Board of Optometry for the purpose of “board certifying” optometrists and the benefits of informing the Board’s licensees of the Board’s position in this regard.  Mr. Loper responded to the Board’s questions and outlined possible response to both of these issues.


On motion by Dr. Clark, seconded by Dr. Rafferty and carried unanimously the Board  voted to return to open session. No vote or other action was taken by the Board in the closed session.


MEMORANDUM REGARDING BOARD CERTIFICATION.  On a motion by Dr. Clark, seconded by Dr. Anderson and carried unanimously, the Board approved a memorandum to be sent to all licensees concerning the Board’s position regarding Board Certification and the approval by the House of Delegates of the American Optometric Association of a program on Board Certification under the governance of a to-be created American Board of Optometry. A copy of the memorandum is attached.


RESPONSE TO THE PETITION TO MEDICAL BOARD BY THE MEDICAL SOCIETY AND OTHERS REGARDING RULEMAKING GOVERNING THE USE OF THE TERM DOCTOR.  On a motion by Dr. Anderson, seconded by Mr. Mitchell and carried unanimously, the Board authorized Mr. Loper to draft a response on behalf of the Board of Optometry to the Medical Board prior to their taking any action on the petition for rule making received from the Medical Society stating its concern with the proposed rule submitted to the Medical Board by the North Carolina Medical Society and others that would have the Medical Board undertake the responsibility of regulating the use of the term “Doctor” by anyone other than physicians licensed by that  Board notwithstanding the fact that there are other health care practitioners providing medical services under the laws of this state who have a “Doctorate Degree” recognized by the state that have been granted by Institutions of Higher Learning.




CLINICAL EXAMINERS HONORARIUM.   On a motion by Dr. Clark seconded by Mrs. Richardson and carried unanimously the Board approved that five days honorarium be paid to each of the Clinical Examiners, as well as all travel and meal expenses as required for each of them.


NEW BUSINESS              There was no new business


OLD BUSINESS.     Board members were reminded that the ethics law requires that all public servants and their immediate staff attend a refresher presentation at least every two years after attending a Basic session.  New members have six months from the date of appointment to attend a Basic ethics education session.  The State Ethics Commission website posts a calendar of scheduled presentations.



EXAMINATION OF THE CANDIDATES.  Fifty-one candidates whose applications had been approved appeared for examination.  The first session began at 7:45 a.m. on Friday  July 31, 2009 and the last session ended at 2:10 p.m. on Monday August, 3, 2009. 


Their being no further business on a motion by Dr. Clark, seconded by Dr. Rafferty  and carried unanimously the meeting was adjourned at 2:30 p.m. on Monday, August 3, 2009.


The next meeting of the Board to determine the results of the Summer 2009 Clinical/Practicum Examinations and to consider other matters that might come before the Board will be held at the Board Office in Wallace beginning at 6:30 p.m. on Thursday , September 3, 2009 and conclude no later than 4 p.m. on Friday, September 4, 2009.




                                                                                                Approved 09/04/09

                                                                                                Wallace, NC