Minutes of the

North Carolina State Board of Optometry

March 14 - 15, 2003

Wallace, North Carolina

The North Carolina State Board of Examiners in Optometry met in the Board office in Wallace, North Carolina on Friday, March 14 and Saturday March 16, 2003, to determine the results of the Winter 2003 Clinical/Practicum Examinations and for other purposes. Present were Drs. William Hendrix, President, Scott Edwards, Secretary/Treasurer, Joel Banks, David Baxter, William Rafferty, Mrs. Trudy Mitchell and Mr. James Richardson, Members of the Board. Also present were Dr. John Robinson, the Board’s Executive Director, Janice Peterson, RN, the Administrative Secretary, and Mrs. Sara Roberts, the Administrative Assistant.

The President called the meeting to order at 6:05 P.M. and called upon Mrs. Mitchell for the opening prayer.

On a motion by Dr. Baxter and seconded by Mrs. Mitchell the minutes of the January 31 - February 2, 2003 and the minutes of the February 13, 2003 meetings were unanimously approved.

The Budget Report for the period covering July 1, 2002 through March 14, 2003 was presented by the Secretary/Treasurer. A summery of major expenses was attached. Following the review of both income and expenses and the summary there were a few questions from Members of the Board.

On a motion by Mrs. Mitchell, seconded by Dr. Baxter the report of the Secretary/Treasurer was accepted.

The Executive Director brought to the Board attention a number of items, among which were:

(1) A request by one licensee as to eliminate the requirement for obtaining branch office licenses for nursing homes by those optometrists who choose to provide services at those locations.

(2) Global Systems Inc. (GSI) the company which has been providing ISDN and DSL service to the Board, went into bankruptcy. Their services were discontinued on very short notice during the last week of February. Fortunately, we were able to switch with minimal interruption to Sprint and Charter Communications. During the time of change we discovered problems with the networking of office computers and with our data base files. Two factors were responsible, the first being an Ethernet card that went bad in the server; and the second, a “worm” that had been placed on our system by someone “hacking” the web. Mr. Patterson solved the Ethernet card problem on Thursday evening. He and Mr. Considine will return on March 16th to address the remaining problems.

(3) Our consultants have advised that the main server that has been in use for over three years is in need of replacement. In keeping with the planned replacement schedule that we have followed, they plan to order and install a replacement server some time within the next three to six months, depending upon the availability of factory upgrades and pricing. The server in use now will be moved to the oldest workstation to replace the one currently in use. The Board’s placement policy has worked well for us in the past in that we have never been faced with the need to do extensive repairs or replacements that were not planned.

(4) There is a continuing need to address the examination format and scoring to assure currency of content and soundness of the scoring methodology. While no specific problems have been identified it should remain Board policy to timely review the process with the goal of eliminating deficits or problems prior to their casting doubt on the credibility of the process. Further, open dialogue between the Board and its clinical examiners should be encouraged and issues that are raised should be thoroughly and openly discussed.

Finally, I would suggest that the time has come that the practice of optometry in North Carolina has arrived at a level that the words, “optometry” or “practice of optometry” are no longer descriptive in all that today’s scope of optometric practice encompasses. Even by allowing the use of words and phrases such as “treatment and management of injuries and diseases of the eye” fall short. I would therefore recommend that the Board seriously consider endorsing the use of the term “ophthalmic medicine” by members of the profession; provided, however, that when using the term that it must be used in conjunction with the word or words, “optometrist” or “practice of optometry”. Optometry should always remain a part of our vocabulary.

On a motion by Dr. Banks seconded by Dr. Rafferty and carried unanimously the report of the Executive Director was accepted.

Following lengthy discussions concerning the requirement of obtaining branch office certificates for nursing home practices that included a review of the relevant Laws and Regulations, the consensus of the Members of the Board was that the Statutes and the Rules and Regulations that currently address this matter are adequate and in no need of modification or further interpretation by the Board. The Staff was directed that this and future inquiries on the subject be referred to GS 90-118.2, Subsection .0202 of Subchapter 42B of Chapter 42 of the NCAC and to the memorandum dated May 5, 2000 from the Board to all licensees.

Dr. Rafferty announced in Atlanta at the regional meeting of ARBO that he would become a candidate for election to that organization’s Board of Directors. There are two vacancies to be filled and he was one of several others in attendance at this meeting announcing their intention to run. .

On a motion by Dr. Edwards seconded by Dr. Baxter and carried unanimously, the Executive Director with the help of Dr. Hendrix was instructed to draft a resolution on behalf of the Board in support of Dr. Rafferty’s candidacy for circulation to the Member Boards of ARBO.

There was a brief update and discussion of potential litigation. Since no action was required by the Board none was taken.*

Dr. Baxter presented the proposed consent order in the matter of Drs. Barker and Harrold that had been sent earlier to each Member of the Board. Follow brief discussions and the answering of questions by individual Members, Dr. Baxter moved and Dr. Edwards seconded a motion that the Board approve the proposed Consent Order as presented and that President Hendrix and Mr. Loper sign it on behalf of the Board. The motion carried unanimously.

Review of the scoring of the Winter 2003 Clinical/Practicum Examinations*

Following a review of each applicant’s scores on the Winter 2003 Examinations it was moved by Dr. Baxter and seconded by Mrs. Mitchell and carried unanimously that those names that appear below were successful in passing the Examinations, that they be so informed and that their names be entered into the Board Registry with the license numbers as follows:

Joyce N. Adeleke, O.D. 1885

Jana L. Crim, O.D. 1886

Jay D. Crim, O.D. 1887

Rachel S. Dobbs, O.D. 1888

Eric C. Dudley, O.D. 1889

Larry S. Golson, O.D. 1890

Lisa E. Graybeal, O.D. 1891

Leanne A. Levitt, O.D. 1892

Kelly C. MacDonnell, O.D. 1893

Tracy L. MacIntyre, O.D. 1894

Dustan C. Martin, O.D. 1895

Patrick M. McLaren, O.D. 1896

Craig M. Poole, O.D. 1897

On a motion by Dr. Banks and seconded by Mrs. Mitchell and carried unanimously it was determined that the following candidates failed the Winter 2003 Examinations and that they be so notified:

Lila A. Cantrell, O.D.

Perry J. Castellano, O.D.

Tiffany L. Chase, O.D.

Terry W. Ellington, O.D.

Patrick K. Fahey, O.D.

Lisa Barnhart Fox, O.D.

Stephanie L. Fox, O.D.

Steven L. Haleo, O.D.

Nima A. Naik, O.D.

Revocation of licensees for non-renewal.

The following licenses were revoked in accordance with Article 6 of Chapter 90 of the General Statutes of North Carolina for non-payment of license renewal fees:

Charles Holtzclaw, O.D. 0708

Ivan Lee, O.D. 1683

Paul Schrum, O.D. 0780

There will be a specially called meeting to be held in Raleigh as soon as possible between now and the meeting previously scheduled for Myrtle Beach in June. Board Members and the attorney are to check their appointment schedules and notify the Executive Director, who will co-ordinate with the President a suitable scheduling of the exact time and date that the meeting will be held. A public meeting notice will be posted immediately upon the Board Members being notified. The next regularly scheduled meeting will be in Myrtle Beach, S.C. starting at 9 A.M. on Thursday, June 5, 2003 and ending no later than 2:00 P.M. on Sunday, June 8, 2003.

There being no further business at 12:35 P.M. on Saturday, Dr. Baxter moved and Dr. Banks seconded a motion that the meeting be adjourned. The motion carried unanimously.

In the absence of any member of the public being present during the meeting it was not necessary for the Board to go into closed session.

Approved

06/05/03