September 7 –
8, 2007
Wallace, North
Carolina
The North
Carolina State Board of Examiners in Optometry met at the Board’s office in
Wallace, North Carolina, on Friday and Saturday, September 7 – 8, 2007 to
determine the results of the Summer 2007 Clinical/Practicum Examinations and
for other purposes. Present were Drs. David Anderson, President, William Hendrix, Secretary/Treasurer,
Joel Banks, Michael Clark, William Rafferty and Mr. Roger Mitchell, Members of
the Board. Mrs. Mary Richardson was absent due to a conflict between the
dates of this meeting and the ribbon cutting ceremonies dedicating the Jim
Richardson YMCA in Charlotte, named in honor of her late husband and a former
Member of this Board. Also present were Dr. John Robinson, the Executive
Director, Janice Peterson, R.N., the Administrative Secretary, and Mrs. Sara
Roberts, the Administrative Assistant. Mr.
John Dixon, the Board’s software consultant and Data Systems Manager was
present on Saturday. Mr. Thaddeus Swank,
Director of Patient Initiatives, Washington Office of the American Academy of
Ophthalmology, was present at both the Friday and Saturday sessions except for
those portions closed for the purpose of
reviewing and scoring the Summer 2007 Clinical/Practicum Examinations and when in
closed session during meetings between the Members of the Board and their
special counsel. Present on Saturday
morning to conduct a “voir dire” of
the Board to determine whether any Board Member should or must recuse himself
or herself from sitting in any of the upcoming disciplinary hearings was the
Board’s attorney, Mr. Johnny Loper.
Present as special counsel to meet with and to advise the Board Members on
Saturday morning prior to and during the “voir
dire” was Mr. James A. Wilson.
Present and participating in the “voir
dire” representing M. Scott Edwards,
OD was Mr. Stephen T. Smith.
The meeting
was called to order by the President who asked Dr. Banks to offer an opening
prayer.
Before
proceeding the President read subparagraph (e) of Section 138A-15 of the NCGS, a copy of which was placed in each
Board Member’s meeting notebook.
Approval of
Minutes. On a motion by Mr. Mitchell, seconded
by Dr. Hendrix and carried unanimously, the Minutes of the July 26 – 30, 2007
meeting were approved.
Report of the President Dr. Anderson stated that he did
not have a report since the time between the Board’s meetings was so
short. He reminded the Members that the
agenda was rather long and that it was impossible to determine how long it
would take to finish. He asked that the
Board Members carefully review each candidate’s results for consistency and
accuracy in scoring before the final results are determined. It was his intention to take the time
necessary to accomplish this goal and to finish the other business on the
agenda. On a motion made by Dr.
Rafferty, seconded by Mr. Mitchell, and carried unanimously the report of the
President was accepted.
Report of the
Secretary/Treasurer When asked by the
Secretary/Treasurer Dr. Anderson reviewed the Budget Report covering the period
July 1 – August 31, 2007. Following brief
discussion, a motion to accept the Budget Report was made by Dr. Banks,
seconded by Mr. Mitchell and carried unanimously.
Report of the Executive Director The Executive Director’s report was brief. He explained the reason for Mr. Jim Wilson’s
being present on Saturday as the “Board’s Special Counsel”. While not on the agenda the Board will meet
in closed session \ at 8 a.m. on Saturday morning with Mr. Wilson who will
review with them how the session on Saturday ( the “voir dire”) will be
conducted with Mr. Loper acting in a role other than counsel for the Board and
his role (Mr. Wilson’s) as special counsel to the Board. He reviewed briefly
several complaints that had been made against optometrists since its last
meeting. While still under
investigation one of these complaints required the Probable Cause Committee to
move quickly to get a Consent Order in place that prevents the licensee from
engaging in practice until such time that there is a resolution of the
patient(s)’s complaints in the Courts
of Mecklenburg County and the time that the Board can conduct its own
hearings. An Interim Consent Order was
negotiated between Counsel for Christopher Reynolds, OD and the Members of the Board’s
Probable Cause Committee. A copy of that Order is before you for approval.
On a motion by
Dr. Banks, seconded by Dr. Hendrix and carried unanimously the report of the
Executive Director was accepted.
Approval of Interim
Consent Order On a motion by Dr. Clark, seconded by
Mr. Mitchell the Interim Consent Order in the matter of Christopher Reynolds,
OD was approved unanimously.
Review of the
Scoring of the Summer 2007 Clinical/Practicum Examinations. On a motion by Dr. Clark, seconded by Dr. Hendrix and carried
unanimously the Board went into closed session in accordance with the
provisions of NCGS 143-318.11(a)(1), NCGS
93b-8(c) and NCGS 93b-8(d) to review the scoring of the Summer 2007
Clinical/Practicum Examinations. After
a thorough review of the scoring of each applicant’s examination in closed
session, the Board returned to open session.
Having
reviewed the results of the Summer 2007 Clinical/Practicum Examinations in
closed session it was moved by Dr. Clark and seconded by Dr. Rafferty
that the following candidates be notified of their having achieved a passing
score on the Summer 2007 Clinical/Practicum Examinations and they be duly licensed
to practice the profession of optometry in the State of North Carolina and that
their names be entered in the Board Registry with license numbers assigned as
follows:
Kiarash
Bassiri, O.D. #2055
Sonnie
Alana Bryant, O.D. #2056
Candice
C. Cain, O.D. #2057
Darren Clinton Decker, O.D. #2058
Deval
Indra Desai, O.D. #2059
Phillip
Elston, O.D. #2060
Cara
Dian Hamm, O.D. #2061
David
John Hasson, Jr., O.D. #2062
Kate
Thompson Lanier, O.D. #2063
Anna
V. Leggett, O.D. #2064
Rebecca
S. Major, O.D. #2065
Nancie
Nguyen-Marynell, O.D. #2066
Haley
Southern Parker, O.D. #2067
Ryan
Kiritkumar Patel, O.D. #2068
Megan
Rae Price, O.D. #2069
Emily
Christine Pridgen, O.D. #2070
Julia
Anne Pridgen, O.D. #2071
Jennifer
McCall Shenk, O.D. #2072
Jeremy
Ross Shumaker, O.D. #2073
Natalie
J. Swanson, O.D. #2074
Lisa
Marie Traunero, O.D. #2075
Kelly
J. Zwiesdak, O.D. #2076
The motion carried unanimously
Dr. Anderson appointed Dr. Clark as a Member of the
Examination Review Committee to serve with the Executive Director to review the
results of any candidate failing the Summer 2007 Examinations who requests a
review.
Meeting with
Special Counsel.
At precisely 8 a.m. Saturday on a motion by Mr. Mitchell and seconded by
Dr. Banks and carried unanimously the Board went into closed session in
accordance with the provisions of NCGS 143-318.11(a)(3) to meet with its
special counsel, Mr. James Wilson, in order to gain a better understanding of
the purpose of the Board’s regular counsel, Mr. Loper, conducting a voir dire of the Board in preparation
for formal disciplinary hearings and for Mr. Wilson to answer questions any
Member might have about the process. No
vote was taken on any issue in the closed session.
The Board returned
to open session at 8:55 a.m. at which time it was adjourned to be reconvened in
the Chambers of the Wallace Town Council
At 9 a.m. the
meeting was reconvened in the Council’s Chambers and called to order by the President who turned it over to Mr. Loper to conduct a “voir dire” of the Board.
Mr. Loper,
acting in his capacity as investigator and prosecutor for the Board, asked a
series of questions intended to help the Board Members determine whether they
must or should recuse themselves from sitting in judgment in the matters of Dr.
Scott Edwards and Dr. James Black. Mr.
Loper reviewed his understanding of the issues and the bases upon which recusal
should occur. His reasons for
conducting such a voir dire were the
perceived personal relationships that some Board Members have developed with
Drs. Edwards and Black over the years.
If the Board were unable to seat a quorum for the hearing of either Dr.
Edwards or Dr. Black, such matter(s) would have to be tried before an
administrative law judge. Mr. Loper
desired to know at an early date if such would be the case, in part, in order
to allow defense counsel for Drs. Black and Edwards to conduct discovery and
motion practice, if needed, before the tribunal that would eventually decide
the case(s).
Mr. Loper
began the voir dire in Dr. Edwards’
case. Mr. Stephen Smith, counsel for
Dr. Edwards, also attended and participated in the voir dire. At the
conclusion of the voir dire the
meeting was turned back over to Dr. Anderson.
A copy of the transcript of this proceeding is maintained in the Board
office.
At precisely
9:52 a.m. on a motion by Dr. Rafferty, seconded by Dr. Clark and carried
unanimously the Board went into closed session in accordance with the
provisions of NCGS 143-318.11(a)(3) to meet with its special counsel, Mr.
Wilson, to discuss legal standards for Board Members and for the Board to
consider deciding whether a Board Member should be recused in Dr. Edwards’
case. No vote was taken on any issue in
the closed session.
At 10:24 a.m.,
on a motion made by Dr. Banks, seconded by Dr. Rafferty and carried unanimously
the Board came out of closed session.
Dr. Anderson then turned the meeting back over to Mr. Loper.
Mr. Loper
again conducted a voir dire of the
Board, for the same purposes and in the same manner as described above, this
time in Dr. Black’s case. As previously
had been indicated to the Board, Dr. Black did not desire to be represented by
counsel at the voir dire, and no
attorney appeared for him to participate in the voir dire proceeding. A
copy of the transcript of this proceeding is maintained in the Board office.
In the matter
of M. Scott Edwards, OD those answering in the affirmative that they could sit
on the disciplinary panel were Drs. Hendrix, Banks and Mr. Mitchell. Drs. Clark and Rafferty responded that they
needed more time to think before answering. Dr. Anderson chose to recuse himself. After brief discussion and without objection the President
allowed Drs. Clark and Rafferty until Wednesday, September 19th to
notify the Executive Director of their decision on recusal.
In the matter
of James B. Black, OD all of the Board Members present answered in the
affirmative that they could sit on the disciplinary panel.
At precisely
11:04 a.m. on a motion by Dr. Rafferty and seconded by Dr. Clark and carried
unanimously the Board went into closed session in accordance with the
provisions of G.S. 143-318.11(a)(3) to consult with its special counsel further
regarding legal standards for Board
Members and the Board to consider in deciding whether the Board Members yet to
decide should be recused in Dr. Edwards’ case. No vote was taken on any issue
in the closed session.
At 11:25 a.m.,
on a motion made by Dr. Banks and seconded by Mr. Mitchell, the Board came out
of closed session at which time the meeting was adjourned by the President to
be resumed at the Board’s office.
Report of the Board’s Data Systems
Manager Mr. John Dixon updated the
Board on re-writing the Board’s
licensing data management system and distributed an updated chart showing the status of the 44 modules
he has been working on that have either been completed or that are in the
testing stage. He assured the Board
that the completion and testing of all of the modules in the new system would
be ready for use in preparing the 2008 license renewal notices to go out either
the last week of October or the first week in November. After
a short discussion and the answering of questions from Members of the Board,
Dr. Hendrix moved, and Dr. Rafferty seconded a motion to accept Mr. Dixon’s
report.
Continuing Education Forms. Dr. Rafferty reviewed several forms recommended
as ‘universal forms’ for use by all vendors of continuing education when
submitting courses to the Board for approval for credit toward the annual
continuing education requirement for
license renewal. After brief
discussion and without objection the Board approved the use of the forms as
recommended by Dr. Rafferty.
Computer Data Base of C/P Examination
Case Scenarios. At 12:20 on a motion by Dr. Clark seconded by Dr. Hendrix the
Board went into Executive Session in accordance with the provisions of NCGS
143-318.11(a)(1), NCGS 93b-8(c) and NCGS 93b-8(d) to further discuss the
preparation and scoring of the scenario stations for its future examinations. Dr. Rafferty distributed examples of case
scenarios printed on computer generated forms created by his committee. The goal of the committee that this form is
the prototype upon which case scenarios will be prepared in the future. Computer programs will be designed and written which will allow the preparation of
case scenarios by the Board’s Clinical Examiners to be entered into the
examination data base. The result will
be that over time the Board will have a ‘library’ of cases sufficiently large
that the work load of future clinical examiners will be lessened and that the
time used in preparing cases today can be better utilized in ‘tweaking’ cases
already in the data base, in adding more cases and in updating clinical
knowledge through use of new diagnostic technologies, new therapeutic drugs to
the end that the every presentation is based upon current knowledge and
practice.
Letter from Johnny L. Dawkens requesting
the Board to investigate the collection and use of patient’s Social Security
Numbers by optometrists and possible violations of the Identity Theft Protection Act of 2005 by such optometrists in so doing. Dr. Anderson forwarded a letter to the Board
dated September 3, 2007 that he had received as President of the Board from Mr.
Johnny Dawkens who identified himself by signing the letter as a
“Broker/Partner of Ebenconcepts, Inc”
and also as President of the NC Association of Health Underwriters. After considerable discussion it appeared to
be a consensus of the Members of the Board present that a ruling or opinion by
the Board at this time on the issue Mr. Dawkens raised was not within the
authority of the Board to determine. A
copy of the Board’s letter of response to Mr. Dawkins detailing these
discussions is attached to these minutes.
The next
regularly scheduled meeting of the Board will be at the Grove Park Inn in
Asheville, NC beginning on Thursday, November 8, 2007 and ending no later than
noon on Sunday, November 11, 2007. In
accordance with previous policy Dr. Anderson stated that the Board Members should
use Wednesday, November 7, 2007 as a travel day and that reimbursement for the
meeting be for travel, 5 days per diem and subsistence and 4 hotel nights.
In the absence
of further business on a motion by Dr. Banks seconded by Mr. Mitchell the
meeting was adjourned at 1:10 P.M. on Saturday, September 8, 2007.
Approved
11/08/07
Asheville, North Carolina