*Recessed & Continued on January 1,
2003 via Conference
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 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 presentto 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 McKimmonCenter
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
Finally, he submitted a reporton 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
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
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
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. AmirKhoshnevis,
Stephen Merkle and Matthew Vizithum.Invitations to attend the Winter
2003 examinations as observers will be extended depending upon time and space
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
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 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
potentiallitigation and receive his advicein 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
The President turned the meeting over to Mr. Loper who reviewedthe
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 Boardauthorize 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
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
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
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 on Sunday, February 2,