Minutes of the

North Carolina State Board of Optometry

November 9 – 12, 2006

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 9 – 12, 2006 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 Rafferty, President, David Anderson, Secretary/Treasurer, Joel Banks, William Hendrix and Mr. Roger Mitchell and Ms. Mary Richardson, Members of the Board.  Also present was Dr. John Robinson, the Executive Director.  Ms. Becky Payne was present during the entire meeting representing Mr. Thaddeus Swank and the American Academy of Ophthalmology.  Present briefly to answer any questions the Board might have concerning the fluroscein angiography course that would be presented over the next three days was. Dr. Kristin Anderson, Director of the Department of Continuing Education at the Southern College of Optometry.


The President called the meeting to order at 9:00 A.M. following which he asked Dr. Banks to offer the opening prayer.


Approval of Minutes.  On a motion by Dr. Hendrix and seconded by Dr. Anderson the minutes of the meeting of the August 18 -19, 2006 were unanimously approved.


Report of the President   Dr. Rafferty’s report was brief. On a motion by Dr. Anderson seconded by Dr. Banks the report of the President was unanimously accepted.


Report of the Secretary-Treasurer.   Dr. Anderson reviewed the Budget Report for the period covering the period July 1 – November 3, 2006.  Following review of the Report and the answering of questions by Dr. Anderson and the Executive Director, a motion was made by Dr. Hendrix seconded by Ms. Richardson and carried unanimously that the report of the Secretary-Treasurer be accepted.


Report of the Executive Director.    The 2007 license renewals did not go out as expected prior to this meeting due to corruption of thousands of continuing education records in the CPY system.   Mr. Dixon is working overtime to find and resolve the problems which could take as long as another week at the rate things are going.  An e-mail was received from him at the start of this meeting in which he stated  that thus far over 260,000 lines of code have been written just to hold the incomplete system ‘inherited from CPY Technologies’ together until it is time to transfer to a new system.  At every turn there were corrupted files requiring him to search them one by one in attempts to find all of them and to convert them into usable and transferable data.    Once the CPY system is found to be free of corrupted files the license renewals will go out.  When the renewals begin to come in the new system will be tested by entering ‘test batches’ of licensing data prior to a complete ‘dump’ of the data from the old (CPY) system.  Once the process is completed these programs that have required so much of Mr. Dixon’s time will be of no use to the Board.  The CPY System will be shut down and archived (as a precaution against the possibility information it contains could be needed).  Because the Board Staff is uncomfortable in mailing renewals until they are reasonably assured that the  source of the information being sent is not  from corrupted files, the renewals will be delayed in favor of the accuracy.  The delay could be from a week to ten days.


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 2007 FARB Forum is to be held in San Antonio, TX February 2 – 4, 2007.  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 21-25, 2007 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 Antonio or the Regional ARBO / SECO meetings in Atlanta in 2007.  With the exception of Dr. Hendrix, a Trustee of SECO and Dr. Rafferty, a Member of the Board of Directors of ARBO, who will attend the SECO meeting at the expense of the organizations they represent as part of their organizational responsibilities, Dr. Clark is the only Board Member indicating that they currently have plans to attend the Southern Council meeting.  Attendance by the Executive Director at either meeting 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 2007 Clinical/Practicum examinations.   Therefore, it is recommended 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. Anderson moved and Mr. Mitchell seconded a motion that carried unanimously that the report of the Executive Director be accepted and that those who wish 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. Anderson, 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 information  from the Board’s attorney Mr. Loper regarding potential litigation over the settlement agreement with the Medical Board.. 


In closed session, the Board received a report from Mr. Loper regarding the protection of its interests flowing from the settlement agreement with the Medical Board in the Injections Lawsuit and the potential for further litigation in this regard.   .  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.  No motions were made and no votes taken while the Board was in this closed session.


Advisory Board for the Controlled Substances Reporting System.  The Executive Director shared an email from John Womble, Program Consultant to the Controlled Substances Reporting System (CSRS) asking the Board of Optometry appoint a member to serve on the Advisory Board of the CSRS.  Following a brief discussion it was the unanimous decision that Dr. Rafferty be designated to serve on this Board and that Mr. Womble be so notified.


Preceptors and Others Awaiting Licensing.        There are increasing number of requests for persons who are either awaiting to take the Board examinations for the first time or for those who may have failed the examination and are awaiting the next opportunity to take it to work for a licensed optometrist.  The question that needs to be clearly addressed is the supervision that is required.  At this point   Dr. Rafferty turned the gavel over to Dr. Anderson to preside so he could discuss the issue.  Following discussion it was the consensus of the Board that direct supervision was required meaning that the licensed optometrist must be physically present at times the unlicensed optometrist is involved in the care of patients.  Since it was not clear which tasks required direct supervision versus those that did not, Dr. Rafferty moved and Dr. Clark seconded a motion that the Board develop policy that details the responsibility of a supervising optometrist in any instance a non licensed optometrist is seeing patients for which they (the supervising optometrist) are responsible.  The motion carried unanimously.


Dr. Rafferty then appointed Dr. Banks to work with the Executive Director in drafting a policy statement for consideration by the Board at its next meeting.



Report of the Examination Review Committee.   Dr. Rafferty reported on behalf of the Examination Review Committee.  He met 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 no evidence was discovered that would support changes in any of the scores , and therefore it was recommended that the results of the examinations stand as reported.  On a motion by Dr. Anderson 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.   Based upon the number of applications received and the number that are in the hands of potential registrants the number of applicants taking the Winter 2007 examinations will be less than thirty, thus requiring a maximum of  six sessions over a period of two days.  It is recommended that the Board and Clinical Examiners arrive in Raleigh on Friday afternoon, February 16  and plan their departures for mid-afternoon on Sunday, February 17, 2007.   It is likely that the number will not exceed twenty five applicants allowing the examinations to end no later than 3 P.M. on Sunday.  On a motion by Dr. Banks, seconded by Dr. Anderson and carried unanimously the following were approved as Clinical Examiners for the Winter 2007 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 made the decision that the Board and Clinical Examiners are to be at the McKimmon Center on Friday, February 16th no latter than 3 o’clock P.M. to review scoring and to set up the examination stations.  The examinations will begin at 7 A.M. on Saturday, February 17 and conclude on Sunday, February 18, 2007..


The President asked 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 12, 2007 if they are to be considered for “observer” status.  Upon approval invitations to attend the winter 2007 examinations as an observer will be extended depending upon time and space availability.


New Business.  Dr. Rafferty opined that there was a need for the Board to revisit the continuing education requirements and the approval of courses.  To this end he appointed himself along with the Executive Director and the Administrative Secretary to bring recommendations to the Board for changing Board Policy in order to effect changes that bring more meaning to the requirement.


Dr. Clark asked that the Board consider the reinstitution of the requirement of Part III of the National Boards prior to admission to Board’s Clinical/Practicum Examinations.  Dr. Rafferty then appointed Dr. Clark to bring a formal recommendation to the Board at its next meeting.



There being no further business, on a motion by Dr. Banks, seconded by Dr. Anderson and carried unanimously, the meeting was recessed at 12:30 P.M. on November 9, 2006.  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 2007 Clinical/Practicum  Examinations will a be at the Jane McKimmon Center in Raleigh, NC beginning at 3:00 P.M. on Friday, February 16, 2007.  Adjournment will be no later than 5:00 P.M. on Sunday, February 18, 2007.



                                                                                                Approved 02/16/07

                                                                                                Raleigh, North Carolina