Approved 02/01/03

                                                                                                            Raleigh, NC

 

Minutes of the

North Carolina State Board of Optometry

November 14 – 17, 2002*

Grove Park Inn

Asheville, North Carolina

 

*Recessed & Continued on January 1, 2003 via Conference Telephone Call

 

The North Carolina State Board of Examiners in Optometry met at the Grove Park Inn in Asheville, North Carolina on November 14 – 17, 2002 to conduct its regularly scheduled Fall meeting, to monitor the Educational Program at the Fall Educational Congress of the North Carolina State Optometric Society, and for other purposes.  Present were, Drs William Hendrix, President, Scott Edwards, Secretary-Treasurer, Joel Banks, David Baxter, William Rafferty, Ms. Trudy Mitchell and Mr. James Richardson, members of the Board.  Also present was Dr. John Robinson, the Executive Director.  Mr. Johnny Loper, Board Attorney, who had been previously scheduled to be present, was unable to attend.

 

The President called the meeting to order at 8:55 A.M. following which he called upon Ms. Mitchell for the opening prayer.

 

On a motion by Mr. Richardson and seconded by Dr. Banks the minutes of the meeting of September 6 – 8, 2002 were unanimously approved.

 

While the President made no formal report, he did read the letter dated September 23, 2002 from Walter J. Pories, M.D., President of the Medical Board addressed to him as President of the Board of Optometry.  Discussion of the ramifications of the notice by the Medical Board that it may take legal action in the event that optometrists perform acts that constitute (in their view) the practice of medicine, was postponed until Mr. Loper could be present  to advise the Board as to a response, if any, to this communication.

 

The Secretary-Treasurer presented the Budget Report for the period covering the period July 1 – November 12, 2002.  Following a review of the Report and the answering of several questions by Dr. Edwards, a motion was made by Dr. Baxter, seconded by Ms. Mitchell and carried unanimously that the report of the Secretary-Treasurer be accepted.

 

The Executive Director’s report was brief and centered upon the increased activity in the

 

Board office at the time license renewals are sent out.  Each year gets busier due to the increase in the number of licensees, the number of continuing education records that have to be reconciled, and the last minute rush of applicants to take the Winter Examinations.

 

Based upon the number of applications that have been received and the number of requests for applications that have been requested, the Board can expect somewhere in the neighborhood of twenty-five applicants to take the Winter 2003 Examinations.  If this number is correct, it will require a minimum of two days at the McKimmon Center to complete the process.

 

In reviewing the Board’s reimbursement policies with the Board’s accountant, it has been suggested by Mr. Waters that to minimize confusion now and in the future, the Board should consider changing its current policy of mileage reimbursement to simply state that the Board will allow reimbursement for travel by automobile at the rate that is consistent with that allowed by the United States Internal Revenue Service. 

 

Finally, he submitted a report on behalf of the Probable Cause Committee on the current status of the earlier Board Order in the matter of E. Glenn Likens, O.D. and a letter dated November 5, 2002 to Dr. Likens in which a meeting between he and the Executive Director was reviewed and where certain recommendations being proposed by the Executive Director to the Board were stated.  The terms and conditions set forth in this letter had been agreed to by Dr. Likens as witnessed by his signature below the signature of the Executive Director.

 

On a motion by Mr. Richardson, seconded Ms. Mitchell and carried unanimously the report of the Executive Director was unanimously accepted. 

 

On a motion by Dr. Rafferty, seconded by Mr. Richardson and carried unanimously the Board approved the following travel reimbursement policy: that beginning with this meeting and at meetings held in the future, the mileage reimbursement for travel by automobile for both Members of the Board, Staff and Clinical Examiners shall be that mileage reimbursement rate consistent with that allowed by the United States Revenue Service.

 

On a motion by Dr. Edwards and seconded by Dr. Baxter, the terms and conditions of the modifications in the Order of E. Glenn Likens, O.D. as recommended by the Probable Cause Committee and set forth in the letter to Dr. Likens dated November 5, 2002 from the Executive Director were unanimously approved.

 

Dr. Rafferty reported on behalf of the Examination Review Committee.  He and the

Executive Director met on October 23, 2002 with three candidates who had failed the Clinical/Practicum Examinations.  The recommendations of the Committee were forward to the President in letters dated October 30, 2002 in which the Committee stated that in a thorough review of the scoring and of the notes made by the clinical examiners, no evidence was discovered that would lead the Committee to recommend any change in the final results as reported to the candidates.

Dr. Banks moved and Dr. Baxter seconded a motion that the report of the Examination Review Committee be accepted; and further that the results of the Clinical/Practicum Examinations as previously announced to the candidates stand.  The motion carried unanimously.   

 

On a motion by Dr. Baxter, seconded by Dr. Edwards and carried unanimously the following were approved as Clinical Examiners for the Winter 2003 Examinations: Drs. Bonnie Aiken, Thomas Bull, Michael Clark,  David King, Don MacQueen, Sandra Moore, Brett Munn, Robert Rosenstein, Yvonne Shook, and Robert Sullivan, and as backups, Drs. Kenneth Bumgarner, Robert Harding, John Miller,  and Kerry Sullivan

 

The following names were submitted as potential clinical examiners: Drs. Amir Khoshnevis, Stephen Merkle and Matthew Vizithum.  Invitations to attend the Winter 2003 examinations as observers will be extended depending upon time and space availability.

 

The Regional Association of Regulatory Boards in Optometry (ARBO) and SECO International Congress in Atlanta and the Annual FARB Forum, all of which are traditionally held during the month of February, were discussed briefly.  While the exact dates and place of the FARB Forum was not known, it appeared that there was little likelihood that either the Executive Director or any Board Member could attend this year.

 

Besides Dr. Hendrix and the Executive Director, it was not clear as to whether any other Member of the Board had an interest in attending the Regional ARBO/Southern Council Meeting in Atlanta.  As a Trustee of the Southern Council, Dr. Hendrix has a responsibility to attend its meetings.

 

On a motion by Dr. Banks, seconded by Mr. Richardson and carried unanimously the Executive Director and Dr. Hendrix were authorized to attend the Southern Council Meeting and the Regional Meeting of the Association of Regulatory Boards in Optometry in Atlanta.  Dr. Hendrix’s travel and hotel expenses will be paid by the Southern Council. The number of days authorized for this meeting is 5 days per-diem for Dr. Hendrix and travel, meals and 4 hotel nights for the Executive Director. 

 

If at the time of the January Meeting, there are other Board Members who might consider attending the Regional ARBO/Southern Council Meetings, authorization for their attendance will be considered at that time.

 

There being no further business, on a motion by Dr. Baxter, seconded by Dr. Banks and carried unanimously, the meeting was recessed at 5:20 P.M. on November 14, 2002, to be reconvened at such time as Mr. Loper could be present to advise the Board on a course of action following its notification of the possibility of litigation by the Board of Medical Examiners.  The remainder of the time in Asheville was devoted to monitoring the continuing education programs of the North Carolina State Optometric Society and the orientation program sponsored by the Society for the new licensees.

 

 The November 2002 Meeting of the North Carolina State Board of Optometry will be reconvened at such time and place where Mr. Loper can be available.

 

 

                                    Thursday, January 2, 2003 

 

 

The November 2002 meeting recessed on November 14. 2002 was reconvened at 5:00 P.M. on Thursday, January 02, 2003 by way of a conference telephone call. Dr. William Hendrix, President asked the Executive Director to call the roll.  Present were: Drs. William Hendrix, President, Scott Edwards, Secretary-Treasurer, Joel Banks, David Baxter, William Rafferty, Ms. Trudy Mitchell and Mr. James Richardson, Members of the Board.  Also present were Mr. Johnny Loper, Board Attorney, Dr. John D. Robinson, Executive Director, Ms. Janice Peterson, Administrative Secretary, and Ms. Sara Roberts, Administrative Assistant.

 

Mr. Richardson moved and Ms. Mitchell seconded a motion that in accordance with NCGS 143-318.11 (a) (3) the Board go into closed session with its attorney to discuss potential litigation and receive his advice in light of the letter received by the President of the Optometry Board from the President of the Medical Board just prior to the convening of our meeting in Asheville in November.  The motion carried unanimously.

 

The President turned the meeting over to Mr. Loper who reviewed the events of the past 5 years in discussions and negotiations with the Medical Board, the actions of the Medical Board’s Policy Committee on December 11, 2002, the options available to this Board in pursuing a successful resolution of the issues in dispute and in the answering of questions posed by the Members of the Board.

 

Having given each Member of the Board and the Staff an opportunity to offer their perspectives on the issues at hand and suggestions as to how best to proceed, the President asked if there were any motions that any Member of the Board might like to offer.

 

In closed session Dr. Baxter made the following motion:  That the Board authorize its attorney to enter into discussions with the Medical Board’s attorney to determine if our two Boards can agree on how best to resolve the issue of whether optometrists may lawfully perform certain types of injections.  The motion carried unanimously.

 

The meeting was then declared back in open session.

 

When asked if there were any further business there was none.

 

Under good and welfare Mr. Richardson updated the Board on his recent surgery and his return home New Year’s Eve.  He expressed his and his family’s appreciation to each and everyone for their wishes and prayers for a speedy recovery.

 

There being no further business the President called for a motion to adjourn.  On a motion by Mr. Richardson, seconded by Ms. Mitchell and carried unanimously the meeting was adjourned at 5:55 P.M.

 

The next meeting of the Board for the purpose of conducing the Winter 2003 Clinical Examinations will a be at the Jane McKimmon Center in Raleigh, NC beginning at 3:00 P.M. on Friday, January 31, 2003.  Adjournment will be no later than 5:00 P.M. on Sunday, February 2, 2003.

 

 

 

                                                                                     Approved 02/01/03

                                                                                     Raleigh, NC