Minutes of the

North Carolina State Board of Optometry

November 13 – 16, 2003

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 13 – 16, 2003 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. Scott Edwards, President, David Baxter, Secretary-Treasurer, Joel Banks, William Hendrix, William Rafferty, and Ms. Trudy Mitchell, members of the Board. Also present was Dr. John Robinson, the Executive Director. Also present except for the portion of the meeting that was held in closed session was Dr. David Anderson, serving as a consultant to the Board.

Dr. Edwards called the meeting to order at 9:35 A.M.

On a motion by Dr. Hendrix, seconded by Dr. Banks the minutes of the meetings of September 19-20, 2003 and October 6, 2003 were unanimously approved.

Report of the Secretary Treasurer. Dr. Baxter presented the Budget Report for the period July 1 – November 7, 2003. Upon a motion was made by Dr. Banks, seconded by Dr. Rafferty and carried unanimously that the report of the Secretary-Treasurer be accepted.

Report of the Executive Director. Dr. Robinson reported that the license renewal notices for calendar year 2004 were mailed in early November. He presented details of earlier meetings he had with Messrs. Patterson and Considine, Dr. Baxter and the Board Staff to discuss the issue of updating the Board’s current dbase operational system which has been used for nearly 20 years to a Windows based system. Messrs. Patterson and Considine will be prepared to demonstrate the new operational system to the Board by December 1, 2003. The conversion to the new system will take place on March 1, 2004.

Dr. Robinson made a report on behalf of the Probable Cause Committee in the matter of Dr. J. Cerny that included the recommendations of the Committee to conclude the matter in accordance with paragraph two of NCGS 90-121.2(a). The Committee was comprised of the Executive Director, Dr. Baxter and Mr Loper.

A copy of a memorandum from the office of Dr. Edward Paul to a prospective patient making an inquiry “MCS Therapy for Stargardt’s Disease” was reviewed. Dr. Paul operates a web site at www.mcstherapy.com and was contacted by the Board in the past regarding similar issues, and changes were made based upon the Board’s concern.

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 FARB Forum is to be held in Amelia Island, FL on February 6 – 8, 2004, and is most often attended by a lay Member and the Executive Director. Because of the proximity of the meeting to the Winter 2004 Clinical/Practicum examinations it appears unlikely that the Executive Director can attend this year. Ms. Mitchell has expressed interest in attending but must check her calendar first. Besides Dr. Hendrix and the Executive Director, it is not clear at this point whether any other Member of the Board has an interest in attending either FARB or the Regional ARBO / SECO Educational Congress in Atlanta in 2004.

On a motion by Ms. Mitchell, seconded Dr. Baxter and carried unanimously the report of the Executive Director was unanimously accepted.

Following discussion on the Report of the Probable Cause Committee, a motion was made by Dr. Baxter, seconded by Dr. Rafferty and carried unanimously that the report and the recommendations of the Committee to conclude the matter be accepted.

On a motion by Dr. Baxter, seconded by Dr. Rafferty and carried unanimously the President appointed a Committee to be composed of Dr. Banks and the Executive Director to conduct an investigation of Dr. Paul’s activities and claims of cures or amelioration of a number of ocular diseases and/or conditions through the use of micro current stimulation.

The President directed Members who later found that might like to attend either the FARB or the Regional ARBO / SECO meetings to get in touch with the Executive Director as soon as possible following this meeting as soon as possible in order to plan their registration and attendance.

At precisely the hour of 10:25 A.M. a motion was made by Dr. Baxter, seconded by Dr. Banks and carried unanimously that the Board go into closed session in accordance with the provisions of NCGS 143-318.11(a)(3) to discuss judicial matters with its attorney by way of a conference telephone call. The motion carried unanimously and the call to Mr. Loper was placed. Dr. Anderson then excused himself and left the meeting room.

During closed session, the Board received advice from Mr. Loper regarding the lawsuit filed on November 7, 2003, by the Optometry Board against the North Carolina Medical Board to resolve the issue of whether optometrists who have been credentialed by the Optometry Board to perform certain injections for the purpose of diagnosing or treating abnormal conditions of the eye would be in violation of the Medical Practice Act in performing such injections. Mr. Loper also answered certain questions from the Board relating to the lawsuit.

On a motion by Dr. Hendrix, seconded by Ms. Mitchell and carried unanimously the Board reconvened in open session. At 11:25 A.M. the call was ended.

On behalf of the Examination Review Committee, Dr. Banks reported that he and the

Executive Director met on November 5, 2003 with two candidates who had failed the Clinical/Practicum Examinations. A thorough review of the scoring including the notes made by the clinical examiners the Committee revealed no evidence that would lead the Committee to recommend changes in the final results as reported to the candidates.

On a motion by Dr. Banks seconded by Dr. Baxter the report of the Examination Review Committee was accepted and the results of the Clinical/Practicum Examinations as previously announced to the candidates stand as reported to the candidates. The motion carried unanimously.

The Board reviewed information from the Board’s investment counselor regarding reserve funds. Dr. Edwards directed Dr. Robinson to gather additional information that includes specific recommendations regarding which stocks and/or corporate bonds the investment counselor would recommend.

On a motion by Dr. Baxter, seconded by Dr. Banks and carried unanimously the following were approved as Clinical Examiners for the Winter 2004 Examinations: Drs. Bonnie Aiken, Thomas Bull, Kenneth Bumgarner, David King, Don MacQueen, Magda Metwalli, Sandra Moore, Brett Munn, Robert Rosenstein, , and Robert Sullivan. Backups include Drs. Michael Clark, Ania Hamp, Robert Harding, John Miller, Eric Oberdorf, and Kerry Sullivan

Names of individuals to serve as potential clinical examiners are to be submitted by Members of the Board to the Board office no later than January 21, 2004. Invitations to attend the Winter 2004 examinations as observers will be extended depending upon time and space availability.

On a motion by Dr. Baxter, seconded by Dr. Banks and carried unanimously the Board authorized the payment of Dr. Anderson’s travel expense, four hotel nights, five days meal expenses and five per-diems for his attendance as a consultant at this meeting.

There being no further business, on a motion by Dr. Banks, seconded by Dr. Baxter and carried unanimously, the meeting was recessed at 4:50 P.M. on November 13, 2003. 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 next meeting of the Board for the purpose of conducting the Winter 2004 Clinical Examinations will a be at the Jane McKimmon Center in Raleigh, NC beginning at 3:00 P.M. on Friday, February 13, 2004. Adjournment will be no later than 5:00 P.M. on Sunday, February 15, 2004.

Approved 03/24/04