Minutes of the Special Meeting

North Carolina State Board of Examiners in Optometry

Held via Conference Telephone at 1:00 P.M.

February 23, 2004

Following the roll call the meeting was called to order at 1:10 P.M. by the President. Present on the call were Drs. Scott Edwards, President, David Baxter, Secretary-Treasurer, David Anderson, Joel Banks, William Rafferty and Ms. Trudy Mitchell, Members of the Board. Also present were Dr. John Robinson, Executive Director, Ms. Janice Peterson, and Mr. Johnny Loper, the Board’s attorney.

Announcing that the purpose of the meeting was to receive advice from the Board’s attorney, Mr. Loper, concerning information coming into the Board’s possession that could have bearing on current litigation, the President asked for a motion that the Board go into closed session.

On a motion by Dr. Banks seconded by Dr. Baxter and carried unanimously the Board went into closed session in accordance with the provisions of NCGS 143-318.11(a) (3).

In closed session, the Board’s Executive Director informed the Board that he had been made aware of a published article written by a North Carolina optometrist in which a procedure involving the injection of fluorescein dye was described. The wording of the article was such that it appeared that the optometrist had performed the procedure himself. Discussion ensued concerning the effect, if any, that such information, if true, might have on the pending injections litigation, and the Board indicated its desire that the Board’s counsel contact the optometrist who authored the article to determine whether the optometrist had indeed performed the procedure in question himself..

On a motion by Dr. Anderson seconded by Dr. Baxter and carried unanimously the Board returned to open session.

On a motion by Dr. Anderson seconded by Dr. Baxter the Board voted to instruct the attorney to contact the optometrist to confirm whether he did in fact perform the procedure.

There being no further business, Dr. Rafferty moved and Dr. Banks seconded a motion that the meeting stand adjourned. The motion carried unanimously and the meeting was adjourned at 1:42 P.M.

Approved 03/24/04