Minutes of the

Minutes of the

North Carolina State Board of Optometry

February 14- 17, 2008

Jane McKimmon Center

North Carolina State University

Raleigh, North Carolina

The North Carolina State Board of Examiners in Optometry met at the Jane McKimmon Center on the campus of North Carolina State University in Raleigh, North Carolina on Thursday, February 14 through Sunday, February 17, 2008 to conduct the Board’s Winter 2008 examinations and for other purposes. Present were Dr. David Anderson, President, Dr. William Hendrix, Secretary-Treasurer, and Drs. Joel Banks, Michael Clark, William Rafferty and Mr. Roger Mitchell and Ms. Mary Richardson, Members of the Board. Also present were Dr. John Robinson, the Board’s Executive Director, Ms. Janice Peterson, the Administrative Secretary, and Ms. Sara Roberts, the Administrative Assistant. Present on Thursday afternoon for the report of the Probable Cause Committee was Mr. Johnny Loper, the Board’s Attorney. Present as Clinical Examiners on Thursday afternoon for review of case preparations and scoring were Drs. Jill Bryant, Tom Bull, David King, Magda Metwalli, Sandra Moore, and Yvonne Shook. Arriving later in the evening were Drs. Brett Munn, John Miller, Robert Rosenstein, and Matthew Vizithum. Present on Saturday to participate in the examinations were Drs. David Baxter, past Board Member and Timothy Hennie, Clinical Examiner.

Beginning at 3:30 P.M. on Thursday afternoon, Members of the Board, Clinical Examiners and Staff met at the McKimmon Center to set up the examination stations and to review the examination format and scoring. Promptly at 4:30 P. M. the President called the meeting of the Board to order.

Approval of Minutes. On a motion by Dr. Hendrix, seconded by Dr. Banks, the minutes of the meeting held November 8 – 11, 2007 in Asheville as they appeared in the meeting notebook were unanimously approved.

Report of the President. Dr. Anderson reviewed his meeting with the Continuing Education Committee of the North Carolina State Optometric Society in Pinehurst on Saturday, February 9^th to pursue initiatives aimed at improving the Continuing Education programs sponsored by the Society and in seeking more effective means of controlling the influence of companies who provide financial support for the various continuing education programs over the ‘commercialization’ of the intended purpose of the continuing requirements through the promotion of the product or products they manufacture and which they would urge optometrists to prescribe.

In addressing the Board’s initiatives and its ongoing efforts to improve the preparing and presentation of the case scenarios to the candidates taking the Board’s Clinical/Practicum examinations, he expressed his appreciation to those clinical examiners who undertook the effort in preparing their cases for the first time using the new format designed for use on their own computers. Initial inquiries of the Clinical Examiners indicated that this first time ‘trial’ has been successful. He further emphasized that this was just a beginning and a work in progress and that he looked forward to working with his follow Board Members and the Clinical Examiners as this project moves forward.

On a motion by Dr. Clark, seconded by Dr. Hendrix and carried unanimously the report of the President was accepted.

Report of the Secretary/Treasurer. The Secretary/Treasurer reviewed the Budget Report dated 07/01/07 thru 02/12/08. There being no questions, on a motion by Mr. Mitchell seconded by Ms. Richardson and carried unanimously the report of the Secretary/Treasurer was accepted.

Report of the Executive Director. The President called upon the Executive Director for his report. The Executive Director began by asking the Board to consider seeking long term commitments from future Clinical Examiners to participate in the bi-yearly Clinical/Practicum Examinations. The pool of examiners is not as deep at this time as we would like. As has happened in the past (though rarely) one of the examiners dropped out in January shortly after the candidates’ schedules had been drawn up and the examiners’ cases selected and shipped to them. The office was required to find a replacement examiner and have their cases forwarded to them by the examiner who dropped out. Fortunately, we were able to secure a commitment from a former examiner to fill this vacancy within a few days time.

Summarizing the events of the past two and a half months since our last meeting:

· We learned of a “North Carolina State Board Candidate Study Guide” prepared by and/or on behalf of students who come to take the North Carolina State Board Examinations. Like many of the attempts by some to find easier ways to pass examinations, it appears that the time taken to go through the 75 odd pages of this guide would be better spent studying the current clinically relevant publications, copies of which students either have or have access to.

· There are tabs in your notebooks that I will not take time to review but which you are urged to read carefully as time permits. The first concerns the National Commission on Board Certification, a new attempt to arrive at a program of ‘National Certification’ of competency of optometrists. Included is a statement of Board Policy adopted in February of 2000 when the issue was being pursued on a national level at that time, a letter to the Chairman of that Commission from then President of this Board, Michael Haines, OD, a letter back to him for John McCall, OD and a letter from Mr. Loper to Dr. McCall. Then there is a letter to the current Commission published in the AOA’s Journel this month from Mark Vogel, OD from Patchogue, NY articulating many of the problems and issues that must be considered before any final decision is made by the current Commission before making any recommendations to the profession at large.

· We were made aware of a solicitation being made by a company out of South Carolina for NC optometrists to see patients in nursing homes that have been ‘lined up’ by the company stating that their compensation could reach as much as a thousand dollars a day with the company doing all of the billing and administrative services. It appears that this type of operation is in violation of the Optometry Laws of North Carolina and the Rules and Regulations of the Board. Further investigation is called for in this matter.

· The office has received a number of calls about the ‘next’ course to be offered for those not yet credentialed to perform injections. The CE Chairman of the NCSOS has been contacted along with the Society office about offering the course either in Myrtle Beach this summer or in Asheville in the fall. A mailing will be going out shortly to determine the interest in the course.

· Given that it will not be financially feasible in the near future to continue to bring the course to North Carolina, the Board will need to determine alternative ways for those not certified to become credentialed. We understand that there are courses available that would qualify; however, it would require travel out of state, possibly to one of the schools or colleges of optometry.

Finally, as we left the Board office on our way here today I asked Mr. Dixon if he had a written report. His response was that the new system would be ready for testing by the Administrative Secretary and the Administrative Assistant upon their return to the Board office on Monday, February 18th. I look forward to this being the case, that no problems are encountered between now and Monday morning and that the testing of the new system goes off without major problems.

Mr. President this concludes my report.

On motion by Dr. Banks seconded by Mr. Mitchell and carried unanimously, the report of the Executive Director was accepted.

Report of the Probable Cause Committee. Dr. Anderson reported on behalf of the Probable Cause in the matter of James B. Black, OD. He called the Board Members’ attention to a Consent Order (a copy of which has been e-mailed to them late Wednesday afternoon) agreed to and signed by Dr. Black and his attorney that had been hand delivered to the Board’s attorney yesterday afternoon. It now awaits action by the Board.

Closed Session. On a motion by Dr. Hendrix, seconded by Dr. Banks and carried unanimously the Board went into closed session in accordance with N.C.G.S. 143-318.11(a)(3) to discuss the Consent Order agreed to by Dr. Black and his attorney and recommended by the Probable Cause Committee to the Board for approval.

In closed session, Mr. Loper explained to the Board the procedure and events leading to the drafting of and presentation of the proposed Consent Order to Mr. Powell, Dr. Black’s attorney, and his reasons for recommending that the Board accept and approve the Consent Order. Mr. Loper responded to questions posed by the Board concerning the Order and possible alternatives if the Order were not accepted by the Board. No vote was taken in the closed session.

On a motion by Mr. Mitchell, seconded by Dr. Clark and carried unanimously the Board returned to open session.

Approval of Consent Order. On a motion by Ms. Richardson, seconded by Mr. Mitchell and carried unanimously the Consent Order in the matter of James B. Black, OD was approved. A copy of the Order is attached to these minutes.

Clinical Examiner’s Honorarium. On a motion by Dr. Banks, seconded by Dr. Hendrix, and carried unanimously the Board authorized payment of the hotel, travel and meal expenses for the Clinical Examiners and that each of them be given an honorarium in the amount of $200.00 a day for a maximum of 4 days for the time spent at the examination site. For appearing on Saturday at the request of the Board 2 days per diem @ $ 200 is authorized for Drs. David Baxter (former Board Member) and Dr. Timothy Hennie as a Clinical Examiner.

Association of Regulatory Boards and AOA Meetings in Seattle in June, 2008. Drs. Rafferty and Hendrix have indicated they would be attending the ARBO meeting in Seattle. Dr. Rafferty’s expenses including honorarium will be paid by ARBO as a Member of its Board of Directors. Expenses authorized for Dr. Hendrix to attend the ARBO meeting are for registration, travel and a maximum of four hotel nights, five days subsistence and five days per diem. Expenses authorized for the Executive Director to attend the ARBO and AOA meetings are for travel, hotel, subsistence and the required registration fees. On a motion by Mr. Mitchell seconded by Ms. Richardson and carried unanimously the travel, hotel, subsistence and per diems as stated above for these individuals to attend the meetings to be held in Seattle, WA in June were unanimously approved.

SECO 2008. The President appointed Dr. Michael Clark to represent the Board in Atlanta at the SECO Annual Continuing Education Congress and at the Southeastern Regional Meeting of ARBO being held in conjunction with that Congress later this month. The Executive Director will not be attending either of these meetings due to issues requiring his presence in the Board office.

Closed Session. On a motion by Mr. Mitchell, seconded by Dr. Clark and carried unanimously the Board went into closed session pursuant to N.C.G.S. section 143.318.11(a)(1) to discuss and clarify certain questions the Board had with regard to the Dr. Black Consent Order and a possible consent order in the matter of Dr. Scott Edwards. Following a brief exchange of information between the Members of the Board and the Executive Director and the asking and answering of questions, Dr. Banks moved and Ms. Richardson seconded a motion that carried unanimously to return to open session.

The first examination session began promptly as scheduled on Friday morning, February 15^th at 7:45 A.M. Forty candidates, their applications having been previously approved, appeared for examination over the three day period. The last session ended at 2:10 P.M. on Sunday, February, 17 2008

There being no further business on a motion by Dr. Clark, seconded by Dr. Banks and carried unanimously the meeting was adjourned at 3 o’clock P.M. on Sunday, February 17, 2008.

The next regularly scheduled meeting of the Board to review the results of the Winter 2008 Examinations and for other purposes will be held at the offices of the Board in Wallace, North Carolina beginning on Friday, March 28, 2008 ending no later than 5:00 PM on Saturday March 29, 2008.

The Examination Review Committee is scheduled to meet in the Board office on Tuesday, April 29, 2008 to review the Winter 2008 examination results with any candidate making a request in writing to the Board to review their results.

Approved 03/28/08

Wallace, NC