Minutes of the
North Carolina State Board of Optometry
March 30 – 31, 2007
Wallace, North Carolina
The North Carolina State Board of Examiners in Optometry met in Wallace, North Carolina on Friday and Saturday, March 30 - 31, 2007, to determine the results of the Winter 2007 Clinical/Practicum Examinations and for other purposes. Present were Drs. William Rafferty, President, David Anderson, Secretary/Treasurer, Joel Banks, Michael Clark, William Hendrix, and Mr. Roger Mitchell and Ms. Mary Richardson, Members of the Board. Attending as a representative of the American Academy of Ophthalmology was Mr. Thaddeus W. Swank, Director – Patient Initiatives. Mr. Swank sat thru the entire meeting except for those portions that were closed in accordance with the provisions of NCGS 143-318.1(a)(3). Also present were Dr. John Robinson, the Board’s Executive Director, Janice Peterson, RN, the Administrative Secretary, Mrs. Sara Roberts, the Administrative Assistant and Mr. John Dixon, the Board’s software programmer and data systems manager (Saturday morning only). Mr. Johnny Loper, the Board’s attorney, joined the meeting while in closed session at the time certain hour of 10:30 AM on Saturday March 31, 2007 by conference telephone to update the Board on current litigation.
The President called the meeting to order at 5:18 P.M. on Friday evening and opened the meeting with prayer.
Approval of Minutes On a motion by Dr. Clark, seconded by Mr. Mitchell the minutes of the February 16 - 18 , 2007 meeting were unanimously approved.
The Report of the President The President led a brief discussion of the Board’s current CE requirement and encouraged the Board to consider to ‘stiffen’ its requirements by strict enforcement of the standards agreed to by both the pharmaceutical industry and institutions of higher learning in accepting grants to provide programs of continuing education such education to be ‘commercial’ free and the promotion of the sponsor’s products prohibited. He also suggested that the Board consider the raising of the number of hours of continuing education required with emphasis on increasing the number of hours of certified hours. In closing he urged each Member of the Board to become Cope Reviewers for ARBO’s Cope Committee. On a motion by Dr. Banks and seconded by Mr. Mitchell the report of the President was unanimously accepted.
The Report of the Secretary-Treasurer The Secretary-Treasurer presented the Budget Report for the period covering July 1, 2006 through March 30, 2007. Dr’s Anderson and Robinson along with Ms. Peterson answered questions by Members of the Board after which Dr. Banks moved and Mr. Mitchell seconded a motion that the financial report as presented by the Secretary-Treasurer be accepted. The motion carried unanimously.
Report of the Executive Director The Executive Director’s report was brief in light of the short period of time that had elapsed since his report in February. Instead of his detailing the progress made in the conversion of the Board’s data systems that the Board’s data system manager and soft ware programmer would be reporting to the Board on Saturday. On a motion by Dr. Anderson seconded by Ms. Richardson the report of the Executive Director was unanimously accepted.
Review of Complaints. The Executive Director presented updated information on complaints previously reported to the Board.
Revocation of Licenses. On a motion by Mr. Mitchell seconded by Dr. Banks and carried unanimously the following licenses were revoked for non-payment of the 2006 renewal fees:
Daniel T. Brown, O.D. #1476
Brett W. Donaldson, O.D. #1847
Kent A. Haefs, O.D. #1903
Christi Paige Marrow, O.D. #1621
Ralph W. Maynard, Jr., O.D. #0784
Board Policy On The Ordering Of Imaging The Executive Director reviewed a draft of a document on the ordering of imaging procedures by North Carolina licensed optometrists. After discussion and the answering of questions on a motion by Dr. Anderson seconded by Dr. Clark the Board voted unanimously to adopt the proposed policy statement on the ordering of imaging by North Carolina licensed optometrists and ordered that it be posted on the web under ‘Board Policy’ statements. (copy attached)
Executive Session At 6:15 P.M. on a motion by Dr. Hendrix seconded by Dr. Banks and carried unanimously, the Board went into Executive Session in accordance with NCGS 143-318.11(a)(3) to conduct the initial review of the results of the Winter 2006 Clinical/Practicum Examination. At 6:35 the Board returned to open session.
Requirement of Part III of the NBEO. Dr. Clark moved and Dr. Anderson seconded a motion that the Board reinstitute the requirement that applicants to take the North Carolina licensing examinations be required to submit evidence of having taken and passed Part III of the NBEO in addition to Parts I and II. Following brief discussion the question was called. The motion failed.
Mode of Practice/Board Rule on Prescribing of Controlled Substances. The Executive Director reviewed a draft of a proposed amendment to the Board’s rules that addresses the prescribing of controlled substances by optometrists. The proposal parallels a similar rule recently filed with the Administrative Rules Commission by the Board of Medicine. Following discussion Dr. Banks moved and Dr. Anderson seconded a motion to instruct the Executive Director to have Mr. Loper prepare and submit to the Administrative Rules Commission an amendment to the Board’s current rules under “Prescriptions” to address the prescribing of controlled substances by North Carolina optometrists who are properly registered with the Drug Enforcement Administration. The motion carried unanimously.
The Board reconvened on Saturday morning, March 31, 2007 at 8:30 AM
Report of the Board’s Software Consultant and Data Systems Manager. At 9:30 AM Mr. John Dixon reported that the Board Software Project was moving forward; however, as reported previously because of many factors outlined to the Board in earlier reports progress has been much slower than originally projected. The project proved to be much larger and more complex compared to early estimates. The current system in use (CPY’s failed efforts) was found to be less complete and unfinished than thought in the beginning leading to the under estimation of time that would be required to rewrite the Board's Software Program. To date about 95% of the coding has been completed and debuged. The remaining 5% will take an estimated 30 days of programming to complete, giving the system its basic required function. We are now in the testing phase of completed modules which is expected to take several more months. Currently the new system is composed of approximately 560,000 lines of code that have been documented and partially printed & bound.
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Closed Session At precisely the hour of 10:30 AM on Saturday on a motion by Dr. Anderson, seconded by Dr. Banks and carried unanimously the Board went into closed session in accordance with the provisions of GS 143-318.11(a)(3) to discuss litigation. Upon entering closed session, the board contacted its attorney Johnny Loper by phone. Mr. Loper discussed two disciplinary matters currently pending before the Board. Mr. Loper discussed generally the issue of bias and generally outlined the procedure for determining whether, by virtue of a close personal or professional relationship between the Board member and the licensee subject to discipline, a Board member may or should recuse himself/herself from the process of determining whether and to what extent a licensee should be disciplined. Mr. Loper made general inquiries about situations the Board members felt might warrant consideration as bias, and answered questions from the Board on the foregoing subjects. At 10:50 AM the Board returned to open session. No action or vote was taken in the closed session.
Probable Cause Committee. With the Board’s awareness that two licensees in recent weeks entered pleas of guilty to separate felony counts, one in Wake County Superior Court and the other in federal court, the President appointed a Probable Cause Committee to investigate and conduct any preliminary settlement negotiations hearings in those matters. Appointed to the committee were the Board Attorney and the Executive Director.
Preceptorships and Unlicensed Practitioners. Dr. Banks reported briefly on his review of the Board Rules addressing Preceptorships. Practice by unlicensed practitioners awaiting licensure is not addressed specifically in either the Law or in the Rules and Regulations of the Board. It is his goal to work with the Executive Director to develop an official policy to serve as a guide to both licensees and those non-licensed optometrists who are awaiting licensure as to the requirements of proper supervision of the non-licensed practitioner by the licensee and the responsibilities of the licensee in this regard.
Review Of The Scoring Of The Winter 2007 Clinical/Practicum Examinations
On a motion by Dr. Banks seconded by Mr. Mitchell and carried unanimously the
Board went into closed session in accordance with the provisions of GS 143-318(a)(3) to review the scoring of the Winter 2007 Clinical/Practicum Examinations. After a thorough review of the scoring of each applicant’s examination in closed session the Board returned to open session.
Having reviewed the results of the Winter 2007 Examinations in closed session, it was moved by Dr. Hendrix and seconded by Dr. Anderson that the following candidates be notified of their having achieved a passing score on the Winter 2007 Clinical/Practicum Examinations and that they be duly licensed to practice the profession of optometry in North Carolina and that their names be entered in the Board Registry with license numbers assigned as follows:
Irina Sheludchenko Feiner, O.D. #2047
Markitta S. Jemerson-Dixon, O.D. #2048
Sara Elizabeth Jones, O.D. #2049
Charles M. Knudson, O.D. #2050
Nisha Panjwani, O.D. #2051
Jennifer Mauney Smith, O.D. #2052
Matthew Waner, O.D. #2053
Bruce D. Weaver, O.D. #2054
The motion carried unanimously.
Examination Review Committee The President appointed Dr. Clark as a Member of the Examination Review Committee to serve with the Executive Director to review the results of any candidate failing the Winter 2007 Examinations requesting such review.
The next regularly scheduled meeting will be at the Kingston Plantation and Resort in Myrtle Beach, S.C. starting at 9 A.M. on Thursday, May 31, 2007 and ending no later than 2:00 P.M. on Sunday, June 3, 2007. On a motion by Dr. Hendrix seconded by Dr. Rafferty and carried unanimously registration, travel, 4 hotel nights and 5 days meal expenses were approved for the Members of the Board and the Executive Director. Board Members are entitled to 5 days per diem for their attendance.
The Annual Meeting for the purpose of electing officers for fiscal year July 1, 2007 through June 30, 2008 will be held by way of conference telephone at 5:30 PM on Thursday, June 14, 2007.
There being no further business at 12:15 A.M. Dr. Banks moved and Dr. Anderson seconded a motion that the meeting be adjourned. The motion carried unanimously.
Approved 05/31/07