Minutes of the
North Carolina State Board of Optometry
February 13- 15, 2009
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 Friday, February 13 through Sunday, February 15, 2009 to
conduct the Board’s Winter 2009 examinations and for other purposes. Present were Dr. Joel Banks, President, Dr. William
Hendrix, Secretary-Treasurer, and Drs. David Anderson, 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 Friday was Mr. Johnny Loper, the Board’s Attorney. Present
as Clinical Examiners were Drs. Tom Bull, Kenneth Bumgarner, Ania Hamp, David
King, Magda Metwalli, John Miller, Sandra
Moore, Brett Munn,, Robert Rosenstein,
and Matthew Vizithum.
Before calling the meeting to order 4:20 P. M. the
President read from the ‘conflict of interest statement’ as required by the
State Board of Ethics following which offered an opening prayer. He then called the meeting to order and
announced that Mr. Loper had asked that he be allowed to go first on the agenda
because of another commitment he had across town at 6 PM.
On a motion by Mr. Mitchell seconded by Dr. Clark and carried
unanimously the Board went into closed session in accordance with the
provisions of NCGS 143-318.11(a)(3) to receive privileged analysis and advice
from the Board’s attorney, Mr. Loper, regarding a potential matter which may
result in a declaratory ruling being issued by the Board..
Mr. Loper briefed the Board about the general nature of the
matter and how he proposed to handle the matter going forward in terms of
procedure. He responded to questions
from the Board in this regard.
On a motion by Dr. Anderson seconded by Dr. Clark and
carried unanimously the Board returned to open session. No motions were made and no action was taken
while in closed session. The matter
discussed in closed session did not require any action by the Board other than
the appointment of a Board member to serve with the Board’s Executive Director
and Mr. Loper as the committee to investigate and make a preliminary
recommendation to the Board on the matter.
In open session the President appointed himself to act in that capacity.
Approval of Minutes. On a motion by Mr. Mitchell, seconded by Ms.
Richardson, the minutes of the meeting held November 6 – 9, 2008 in Asheville
as corrected were unanimously approved.
Report of the President. Dr.
Banks stated that he had no report to give at this time.
Report of the Secretary/Treasurer. The
Secretary/Treasurer reviewed the Budget Report dated 07/01/08 thru 02/11/09. There are two items to be considered
relative to the ‘waiver’ of license renewal fees for those licensees who are
called to active duty as National Guardsmen or Reservist and the refunding of
the renewal fee of a licensee who died the first week in January 2009 who had
paid the 2009 renewal fee in December, 2008.
There being no questions, on a motion by Dr. Anderson seconded by Mr. Mitchell
and carried unanimously the report of the Secretary/Treasurer was accepted.
Report of the Executive Director. The Executive Director called the Board’s
attention to the report of the Data Systems Manager and Software Developer, Mr.
John Dixon. The history of the conversion of the Board’s data management
software from a combination ‘d’base’ – ‘off the shelf windows’ program to a
windows program is well know by the current Members of the Board. The time and costs required to bring us to
the point as stated by Mr. Dixon in his report far exceeded what was
anticipated at the beginning of this project.
Following discussion by the Board it was the consensus that the Board
accept Mr. Dixon’s word that the project was now complete and ready for
whatever testing determined to be necessary for proper operation by the Board
Staff. Further, that upon testing and operation over a one
year period should any problems with the system be encountered those problems
would be ‘fixed’ without further charge to the Board by Mr. Dixon for the time
required to fix the problems. Finally,
the costs of programming additional functions for the new system such as ‘on
line access to continuing education records’, ‘on line license renewal’ and an
‘examination data base containing case scenarios with attachments such as
photographs, charts, data printouts, etc.’ will be quoted to the Board for
their approval prior to beginning the work by Mr. Dixon who will also set
deadlines for completion of such projects.
Current Board Policy concerning “Board Certification as
‘de-facto’ Re-Licensure” was brought to the Boards attention in light of
the increasing publicity given the subject of ‘Board Certification’ on a
national level. A copy of the Policy Statement
is in the meeting notebook. Following discussion, it was determined that
the policy adopted on 08/23/08 speaks for itself and requires no further action
by the Board.
A proposed ‘Statement” on behalf of the Board meant to give
guidance to perspective applicants for licensure and to the schools and
colleges of optometry from which they graduate initially prepared by Dr. Clark
that has undergone a number of revisions is in the meeting notebook for the
Board’s consideration and adoption at this meeting.
The 100th Anniversary of the North Carolina
State Optometric Society is being celebrated at the Society’s Spring Meeting in
Myrtle Beach. The Board’s
Administrative Secretary and its Administrative Assistant have been invited by
the Society to take part in this event.
A copy of the invitation is in the meeting notebook.
The Annual meeting of the Association of Regulatory Boards
in Optometry is to be held in Washington, DC June 20-23, 2009 followed by the
Annual Meeting of the American Optometric Association’s House of Delegates June
24-28. The issue of most interest to
this Board that will be ‘Board Certification’.
Action on this issue is an agenda item at both meetings. As in past years I will attend both
meetings. This year it is recommended
that the Board’s Administrative Secretary attend the ARBO with the idea that in
time she will be attending these meetings on a annual basis.
Dr. Rafferty
informed me just prior to this meeting that unlike previous years the ARBO
Board of Directors will not be meeting in Atlanta at the time of SECO in March;
however, he will be present there
on Thursday preceding the SECO meeting which starts on Friday as an ARBO
representative on a Joint Committee with his travel , hotel, meals and per-diem expense for that meeting
paid by ARBO . I have also been
informed that Dr. Clark no longer has plans to attend SECO and will not be
representing the Board at the Regional ARBO meeting on Saturday. It
is recommended that Dr. Rafferty remain in Atlanta following his meeting
on Thursday to represent the Board at the Regional ARBO meeting and that he receive the appropriate
per-diems and reimbursement for his registration fee, hotel and meal expense
for the days he will be required to stay beyond his ARBO committee
meeting. His travel will have been paid
by ARBO.
Finally, it is necessary that the Board do the following:
1)
Approve the travel and related expenses of the Clinical
Examiners and the amount of their honorarium; and
2)
Set the date of the next meeting of the Board to determine
the
examination results;
3)
Announce to the applicants the date on which
representatives of the Board will meet with those who failed to pass the
examination who wish to review their results.
4)
Approve the recommendation to refund the license renewal
fee of Dr. James Rowland, now deceased.
5)
Adopt a policy consistent with the Resolution passed by the
North Carolina Council of State in regard to the waiving of licensing renewal
fees for those Guardsmen and Reservist called to Active Duty.
6)
Approve the registration, per-diem, hotel and meal expenses
for Dr. Rafferty to attend the SECO and
Regional ARBO meeting in Atlanta in
during the first week in March.
Dr. Banks, that concludes my report. On a motion by Mr. Mitchell seconded by Dr.
Anderson and carried unanimously the report of the Executive Director was
accepted.
On a motion by Dr. Hendrix seconded by Mr. Mitchell and
carried unanimously the Board approved the refunding of the license renewal fee
paid for Dr. James Rowland.
On a motion by Mr. Mitchell seconded by Dr. Hendrix and
carried unanimously the license renewal fee of National Guardsmen and/or
Reservists called to active duty are to be waived upon receipt by the Board of
their official orders to report, said waiver to be consistent with the
Resolution passed unanimously by the North Council of State on September 9, 2008.
On a motion by Dr. Clark
seconded by Mr. Mitchell and carried unanimously the Board approved the registration, hotel and meal expenses and 3 days per-diem for Dr. Rafferty’s attendance at the SECO and
Regional ARBO meetings in Atlanta in March.
On a motion by Dr. Hendrix seconded by Ms. Richardson and
carried unanimously the Board approved the travel, hotel and meal expenses for both Ms. Peterson and Ms.
Roberts to attend Board Meeting and the Spring Meeting of the North Carolina
Optometric Society in Myrtle Beach at the time of their 100th
Anniversary Celebration.
On a motion by Dr. Hendrix seconded by Dr. Anderson and
carried unanimously the Board approved an honorarium in the amount of $ 600 for
each of the Clinical Examiners in addition to their hotel, meal and travel
expenses.
Applicant’s Guide to the North Carolina Board’s
Examination. The document was reviewed by the Board and following the making
of several minor changes a motion was made by Dr. Clark seconded by Dr.
Rafferty and carried unanimously that the ‘Applicant’s Guide’ be approved and
that it be circulated to the proper Administrators at the Schools and Colleges
of Optometry, the American Optometric Students Association and to all future
applicants to the North Carolina Optometry Board’s Clinical/Practicum
Examinations.
The first examination session began promptly as scheduled
on Saturday morning, February 14th at 7:45 A.M. Nineteen candidates,
their applications having been previously approved, appeared for examination
over the two day period. The last
session ended at 11:00 A.M. on Sunday, February, 15 2009
There being no further business on a motion by Dr. Clark,
seconded by Dr. Banks and carried unanimously the meeting was adjourned at
11:30 o’clock A.M. on Sunday, February
15, 2009.
The next regularly scheduled meeting of the Board to review
the results of the Winter 2009 Examinations and for other purposes will be held
at the offices of the Board in Wallace, North Carolina beginning at 9:30 A on Sunday,
March 29, 2009 ending no later than 5:00 PM that same day.
The Examination Review Committee is scheduled to meet in
the Board office on Wednesday, May 20,
2009 to review the Winter 2009 examination results with any candidate making a
request in writing to the Board to review their results.
Approved 03/29/09
Wallace, NC