Minutes of the

North Carolina State Board of Optometry

November 10 – 13, 2005

Grove Park Inn

Asheville, North Carolina





The North Carolina State Board of Examiners in Optometry met at the Grove Park Inn in Asheville, North Carolina on November 10 – 13, 2005 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, Dr. David Baxter, President, William Rafferty, Secretary/Treasurer, David Anderson, Joel Banks, William Hendrix and Ms. Trudy Mitchell and Ms. Mary Richardson, Members of the Board.  Also present was Dr. John Robinson, the Executive Director. 


The President called the meeting to order at 9:15 A.M. following which he offered the opening prayer.


On a motion by Dr. Anderson and seconded by Ms. Richardson the minutes of the meeting of the September 10 - 11, 2005 as corrected were unanimously approved.


On a motion by Ms. Richardson seconded by Dr. Rafferty the minutes of the special meeting held via conference telephone were unanimously approved.


Report of the President   Dr. Baxter’s report was brief and limited to informing the Members of the Board that he had in close communication with the Board office during the past three months.  He stated that the work being done to save and back up the Board’s data systems that were at risk of being lost during the period of conversion to a windows based system that had not gone well over the past year has been successful to this point in time...  Over the past ten weeks new programmers were engaged and they have enabled the Board’s staff to create and mail the 2006 license renewal forms with the their 2005 continuing education data to each of the licensees.  All of the software for the Board’s data systems will be rewritten and the Board’s web site redone.  Until these tasks are completed programs necessary for the operation of the scanner as part of our system(s) cannot be written and the scanning of documents resumed. On a motion by Ms. Mitchell seconded by Dr. Rafferty the report of the President was unanimously accepted.


Report of the Secretary-Treasurer.   Dr. Rafferty distributed copies of the Budget Report for the period covering the period July 1 – November 7, 2005.  Following review of the Report and the answering of questions by Dr. Rafferty and the Executive Director, a motion was made by Dr. Hendrix seconded by Ms. Mitchell and carried unanimously that the report of the Secretary-Treasurer be accepted.


Report of the Executive Director.    Despite the problems associated with the failure to complete the conversion of the Board’s data base to a windows system, license renewal notices for calendar year 2006 were sent out on time.  Responses began to arrive within days of the mailing and continue to come in at a rapid pace.  As reported by the President the majority of the staff’s time has been occupied with tasks related to the Board’s data systems in an effort to preserve critical files and in assuring that the 2006 license renewals could be timely and accurately generated for mailing by early November.  This has been accomplished thanks to their efforts and the programming skills of John Dixon who created temporary “bridges” that brought data over from the old system to what was supposed to be the “new” windows system.  Bartley Dixon, the web designer in his father’s firm, has begun work on a new web site which we hope to have ready in time for the redesigned license verification system when the new system comes on line in a window’s format in early 2006.  While much of the work has been done much more lies ahead before we are able to say “mission accomplished”.


The Regional Association of Regulatory Boards in Optometry (ARBO), the SECO International Educational Congress and the Annual FARB Forum are traditionally held during the month of February.  The 2006 FARB Forum is to be held in San Diego, CA February 3 – 5, 2006.  This meeting is most often attended by a lay Member, the Executive Director and at times by the Board Attorney.    SECO and the Regional Meeting of the Association of Regulatory Board’s in Optometry are scheduled to be held in Atlanta February 22-26, 2006 and are traditionally attended by the Executive Director and one or more of the Professional Members of the Board.  It is not clear at this time as to which, if any, Member of the Board has an interest in attending either the FARB meeting in San Diego or the Regional ARBO / SECO meetings in Atlanta in 2006.  With the exception of Dr. Hendrix who is a Trustee of SECO and Dr. Rafferty who is a Member of the Board of Directors of ARBO, who will be at SECO as part of their other organizational responsibilities, no other Board Member has indicated that they have specific plans at this time to attend either of these meetings.  Further, no plans to attend have been made by the Executive Director’s knowing that attendance at either is dependent upon a number of factors including, but not limited to, the work now in progress on the Board’s data systems and the scheduling of the Winter 2006 Clinical/Practicum examinations.  It is recommended, therefore, that registration for one or both of these meetings be approved by the President and that reimbursement for attendance at either is for the registration fee, travel, four hotel nights and five days meal expenses.  


Dr. Banks moved and Ms. Richardson seconded a motion that carried unanimously that the report of the Executive Director be accepted and that those who wished to attend either the FARB or the SECO/ARBO meetings notify the Executive Director in ample time to arrange registration and economical air travel for the meeting.   The motion carried unanimously.



At precisely the hour of 10:00 A.M. a motion was made by Dr. Banks, seconded by Dr. Hendrix and carried unanimously that the Board go into closed session in accordance with the provisions of NCGS 143-318.11(a)(3) to receive a report from the Board’s attorney Mr. Loper regarding a Petition for Judicial Review brought by SEPS and others, by which SEPS sought superior court review of the North Carolina Medical Board’s denial of Petitioners’ request for a declaratory ruling on the same matters that had been at issue in the Injections Lawsuit. 


In closed session, the Board received a report from Mr. Loper on the reasons for the filing of the petition, the likely course of that litigation, the Medical Board’s likely response, and whether the Optometry Board could intervene in the case to protect its interests flowing from the settlement agreement with the Medical Board in the Injections Lawsuit.  After his answering various questions from the Board Members, on a motion by Dr. Hendrix, seconded by Dr. Banks and carried unanimously the Board voted to return to open session.


In open session on a motion by Dr. Anderson, seconded by Dr. Banks, the Board voted unanimously to authorize Mr. Loper and his firm to finalize research on  the issue of whether the Optometry Board could intervene in the Judicial action, and, assuming such research would support intervention, to prepare the necessary documents to seek intervention. 






Report of the Examination Review Committee   Dr. Anderson reported on behalf of the Examination Review Committee.  He and the Executive Director met on October 12, 2005 in the Board office with three candidates who had failed the Clinical/Practicum Examinations.   The scoring of the examinations including the notes made by the clinical examiners was reviewed with each candidate.  After going over the scoring and the notes of the clinical examiners with each of the candidates the Committee could find no evidence that would support changes in any of the scores, and therefore recommends that the results of the examinations stand as reported.  On a motion by Ms. Mitchell seconded by Ms. Richardson and carried unanimously the Board accepted the report of the Committee and determined that the examination results as reported to the candidates would stand. 


Winter 2006 Clinical/Practicum Examinations.   On a motion by Dr. Anderson, seconded by Dr. Banks and carried unanimously the following were approved as Clinical Examiners for the Winter 2006 Examinations: Drs. Thomas Bull, Kenneth Bumgarner, Ania Hamp, Don MacQueen, Magda Metwalli, John Miller, Sandra Moore,  Eric Oberdorf, Robert Rosenstein and Matthew Vizithum; and to approve as backups, Drs.  David King, Brett Munn,Yvonne Shook, Robert Sullivan and Kevin Bell.


The President announced that the Board and Clinical Examiners are expected to be at the McKimmon Center on Friday, February 10th no latter than 3 o’clock P.M. to review scoring and the revised schedule of the candidates moving thru the 5 examination stations,  to set up the examination stations and for other purposes.


The President directed that Board Members wishing to recommend individuals to come as an observer at the winter 2006 Examinations submit the name(s) to the Board office no later than January 11, 2006 if they are to be considered for “observer” status.  Upon approval invitations to attend the winter 2006 examinations as an observer will be extended depending upon time and space availability.


There being no further business, on a motion by Dr. Banks, seconded by Dr. Anderson and carried unanimously, the meeting was recessed at 4:00 P.M. on November 10, 2005.  The remainder of the time in Asheville was devoted to monitoring the continuing education programs of the North Carolina State Optometric Society and to participate in the orientation program sponsored by the Society for the new licensees.


The next meeting of the Board for the purpose of conducting the Winter 2006 Clinical/Practicum  Examinations will a be at the Jane McKimmon Center in Raleigh, NC beginning at 3:00 P.M. on Friday, February 17, 2006.  Adjournment will be no later than 5:00 P.M. on Sunday, February 19, 2006.


                                                                                    Approved  02/17/06

                                                                                                                Raleigh, North Carolina