Approved 11/12/09

                                                                                     Asheville, NC



Minutes of the North Carolina State Board of Optometry                             September 3 - 4, 2009                                                          

Wallace, North Carolina



The North Carolina State Board of Examiners in Optometry met in Wallace, North Carolina, on Thursday and Friday, September 3-4, 2009 to determine the results of the Summer 2009 Clinical/Practicum Examinations and for other purposes.  Present were Dr.  Joel Banks, President and Mr. Roger Mitchell, Secretary/Treasurer, Drs. David Anderson, Michael Clark, William Hendrix, William Rafferty and Ms. Mary Richardson, Members of the Board.  Also present were Dr. John Robinson, the Executive Director, Janice Peterson, R.N., the Administrative Secretary, and Mrs. Sara Roberts, the Administrative Assistant.  Present on Friday by way of conference telephone was the Board’s attorney, Mr. Johnny Loper.


The meeting was called to order at 7:20 p.m. by the President, Dr. Joel Banks, who offered an opening prayer.


Before proceeding the President read the “Ethics and Conflict of Interest Reminder” prepared by the North Carolina State Ethics Commission, a copy of which was in each  Member’s meeting notebook.


Approval of Minutes. On a motion by Dr. Anderson, seconded by

Mr. Mitchell and carried unanimously, the Minutes of the July 30 – August 2, 2009 meeting were approved.



Report of the President   Dr. Banks had no formal report since the time between the Board’s meetings was so short.    He did ask that the Board Members carefully review each candidate’s results for consistency and accuracy in scoring before the final results were determined.  It was his intention to take the time necessary to accomplish this task and to finish the other business on the agenda.  On a motion made by Dr. Clark, seconded by Ms. Richardson, and carried unanimously the report of the President was accepted.


Report of the Secretary/Treasurer   Mr. Mitchell reviewed the Budget Report covering the period July 1 – August 31, 2009.  Following brief discussion of the Budget report he then directed their attention to the Annual Audit for fiscal year July 1, 2008 thru June 30, 3009 just completed by the Accounting Firm of Waters & Piver, PA.  He called attention to ‘Note 5 – Concentration of Credit Risks’ - on page 12 of the audit that noted that on June 30, 2009 the cash balance in the Bank of Four Oaks exceeded the amount of insured by the Federal Deposit Insurance Corporation (FDIC).  During the discussion that followed the Executive Director stated that this question was raised in a previous audit and based upon previous discussions with bank officials he opined that the Board’s funds in Four Oaks Bank were fully covered up to one million dollars.  He stated that he would contact the Bank and the Auditor after the Labor Day holiday to be certain he was correct in his opinion and notify the Board of his findings.*.  A motion to accept the report of the Secretary/Treasurer and the Annual Audit prepared by the Firm of Waters & Piver, CPA’s, PA  was made by Dr. Anderson, seconded by Dr. Rafferty and carried unanimously.


 Report of the Executive Director   The Executive Director’s report focused on the issue of “Board Certification” in the profession of optometry.   He reminded the Board that board certification had previously been an issue of controversy within the profession nationally and one that resulted in the Board’s adoption of a Policy Statement regarding the use of the term “Board Certified” by those tempted to use the term in attempts to set themselves apart from those similarly licensed to practice optometry in North Carolina.  Further, in August of 2008 the Board approved a position statement, “Board Certification as de-facto Re-licensure”.  At  its last meeting the Board approved a memorandum advising its licensees of the action of the House of Delegates of the American Optometric Association in June creating an “American Board of Optometry” (ABO), the effects if any of this action on current Board  policy and the Board’s intentions to monitor those issues related to board certification and to take corrective action when  necessary and make further announcements when and as it deems appropriate.  A draft of a letter from the Board’s attorney to the President of the American Optometric Association was reviewed at the last meeting of the Board where it was decided to delay sending it pending the mailing of the memorandum on board certification to the licensees.  A slightly modified draft of that letters is on the agenda for further consideration by the Board at this meeting.


Finally there  are two Board Rules that must be updated in order that they comport with:

1.                the current roster of accredited schools and colleges of optometry; and

2.                The new format of the National Board of Examiners in Optometry’s examinations effective January 2010.  

While undertaking the amending of Board Rules it was recommended that the Board consider amending its continuing education requirements to reflect today’s continuing education universal availability and to recognize the rapid advances in technology, new instruments and the numbers of new therapeutic drugs being developed and made available to the primary eye care practitioner.


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


Board Rules and Regulations. 


On a motion by Dr. Clark seconded by Ms. Richardson and carried unanimously the Board approved the updating of the listing of the accredited Schools and Colleges of Optometry in the Board Rules.


On a motion by Dr. Clark seconded by Mr. Mitchell and carried unanimously the  Board approved the amending of its Rules to comport with the new format and parts of the National Board examinations effective January 1, 2010, requiring the passage of all the parts of the National Boards by applicants effective with the entering class of 2010 and the graduating class of 2014 in order to be approved as an applicant to take the North Carolina Board’s Clinical/Practicum Examinations.  In amending its Rules in this regard it is the position of the Board that those individuals who were qualified for admission to its Clinical/Practicum examinations based upon their having taken and passed those parts of the National Board Examinations required for admission prior to the amending of its Rules to require passage of all the parts of the National Board examinations remain qualified for admission upon proper application to the Board.


Following further discussion of the amending of its Rules and Regulations it was decided that the leadership of the NC State Optometric Society should be consulted and engaged in discussions of the need and desirability of making substantive changes in the Board’s continuing education requirements.


Review of the Scoring of the Summer 2009 Clinical/Practicum Examinations.   On a motion by Dr. Clark, seconded by Ms, Richardson 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 2009 Clinical/Practicum Examinations.  


Determining the Results of the Summer 2009 Clinical/Practicum Examinations.  On returning to open session following review the scoring of the Summer 2009 Clinical/Practicum Examinations in closed session






Mr. Mitchell moved and Ms. Richardson seconded a motion that the follow applicants be determined to have achieved a passing score on the Summer 2009 Clinical/Practicum  Examinations and are hereby licensed to practice the profession of optometry in the State of North Carolina. Further, in accordance with Article 6 of Chapter 90 of  the General Statutes of North Carolina their names are to be entered in the Board Registry with license numbers assigned as follows:


Teresa Angeli                                   #2140

Walter Lee Ball, Jr.                         #2141

G. Frank Britton, III                       #2142

Meredith P. Canterbury                     #2143

Brandy Carroll                                 #2144

J. Rudi Christensen                           #2145

Steven M. Cress                               #2146

Nathan C. Davis                                #2147

Melanie J. Denton                                    #2148

Lori A. Farabaugh                               #2149

Gabrielle M. Fialka                              #2150

Kalene Fix                                         #2151

Meredith B. Godino                            #2152

Dennis M. Garcia                              #2153

Andrew M. Graves                                       #2154

Ashwynn S. Halbert                           #2155

Daniel L. Jones                                 #2156

Gail J. Long                                              #2157

April Kwong                                                #2158

Ryan M. LeBlanc                              #2159

Andrew R. May                                  #2160

Chad C. R. Morgan                           #2161

Hillary J. Multari                              #2162

Jessica R. O’Neil                               #2163

Haley A. Perry                                    #2164

Rachael A. Peterson                         #2165

Sean H. Pitale                                   #2166

Ritesh Poudyal                                #2167

Samira F. Qazi                                  #2168

Kara E. Ramsey                                #2169

James D. Reynolds                         #2170

Nikki L. Robertson                       #2171

Neil B. Sample                                #2172

Jill M. Scullion                              #2173

J. Scott Sikes                               #2174

Sean M. Skierczynski                            #2175

Jeffrey R. B. Tarr                              #2176

Nicole Lynch                                      #2177

Chad E. Tisdale                                 #2178

Kelly L. Virnig                                   #2179

Anthony J. Woolet                                      #2180

Bradley A. Wruble                                     #2181


The motion carried unanimously.


Meeting with the Board Attorney.  On a motion by Mr. Mitchell seconded by Ms. Richardson and carried unanimously the Board went into closed session in accordance with the provisions of NCGS 143-318.11(a)(3) prior to placing a call to Board Attorney Johnny Loper to receive information and advice regarding a petition for rulemaking before the North Carolina Medical Board.  At 10:30 AM Mr. Loper joined the meeting via a conference telephone call.  Mr. Loper described for the Board his investigation of the issues presented by the petition for rulemaking, his evaluation of those issues,  the letter he drafted to the Medical Board, and his recommendations going forward.  He answered questions from the Board and provided further explanation.  


On a motion by Ms. Richardson seconded by Dr. Anderson the Board returned to open session.


The Board’s Declining to Recognize Board Certification by the American Board of Optometry as ‘A Special or Advanced Credential in the Practice of Optometry’ in North Carolina. Following review and discussion of the actions taken by the House of Delegates of the American Optometric Association in June to create the American Board of Optometry (ABO) for the purpose of offering ‘board certification’ to those optometrists meeting its criteria and to address maintenance of competence (MOC) based upon ‘board certification’; and following further review of the current draft of the letter written by Mr. Loper as attorney for the Board  to the President of the American Optometric Association stating the Board’s position and its opinion of the action taken by the American Optometric Association in creating the American Board of Optometry (ABO) for the purposes of ‘credentialing’ optometrists as competent in the practice of optometry, an authority reserved by statute to the North Carolina State Board of Optometry, and without dissent by any Member of the Board Mr. Loper was instructed to send the letter ) via e-mail and USPS to Dr. Randolph Brooks at his address at the American Optometric Association in St. Louis, MO.  A copy of the letter is attached to these minutes


          Dr. Banks confirmed the appointment of Dr. Rafferty as a Member of the Examination Review Committee to serve with the Executive Director to review the results of any candidate failing the Summer 2009 Examinations who requests a review.  The review date will be on Wednesday, October 14, 2009 in the Board’s office in Wallace, NC.



The next regularly scheduled meeting of the Board will be at the Grove Park Inn in Asheville, NC beginning on Thursday, November 12, 2009 and ending no later than noon on Sunday, November 15, 2009.  In accordance with previous policy Dr. Banks stated that the Board Members should use Wednesday, November , 2009 as a travel day and that reimbursement for the meeting be for travel, 5 days per diem and subsistence and 4 hotel nights. 


There being no further business, on a motion by Mr. Mitchell seconded by Dr. Clark  the meeting was adjourned at 1:00 P.M. on Friday, September 4, 2009.





                                                            *A copy of a letter from Four Oaks Bank

 dated September 15, 2009 stating that the

 Board’s fund’s deposited with the Bank that

 exceed the amount insured by the FDIC are

 covered by the pooling method of collateralization           through the NC State Treasurer’s office is attached    to these minutes.



                                                                                    Approved 11/12/09

                                                                                                                Asheville, NC