Minutes
North Carolina State Board of Examiners in Optometry
June 1-5, 2005
Myrtle Beach, South Carolina
The North Carolina State Board of Examiners in Optometry met at the Embassy Suites Hotel at Kingston Plantation in Myrtle Beach, South Carolina, June 2-5, 2005 for the purposes of approving the applicants to take the Summer 2005 Clinical/Practicum examinations, to finalize the examination schedule based upon the number of approved applicants, to review and adopt the budget for the fiscal year beginning July 1, 2005 and ending June 30, 2006, to review complaints, to monitor continuing education during the Annual Spring Congress of the North Carolina State Optometric Society, and for other purposes. Present were Dr Joel Banks, President, Ms. Trudy Mitchell, Secretary/Treasurer, Drs. David Anderson, David Baxter, William Hendrix, William Rafferty and Ms. Mary Richardson, Members of the Board. Also present was Dr. John Robinson, the Board’s Executive Director. Present on Thursday at the 10 A.M. time certain as posted on the agenda was the Board’s attorney, Mr. Johnny Loper, who joined the meeting by way of conference telephone. On Thursday, June 2, 2005 the meeting was called to order by the President at 9:20 A.M. who opened the meeting with prayer.
The President welcomed the newest Members of the Board, Dr. William Hendrix and Ms. Mary Richardson. Dr. Hendrix was appointed by Governor Easley to replace Dr. Scott Edwards whose term had expired. Ms. Richardson was appointed by the Governor to fill the unexpired term of her late husband, Jim Richardson.
On a motion by Ms. Mitchell seconded by Dr. Anderson, the Minutes of the March 19 - 20, 2005 Meeting were unanimously approved.
Report of the President Dr. Banks quickly reviewed the events surrounding the testimony on behalf of the Board of Optometry before the North Carolina Board of Medicine in that Board’s hearings relative to a request for a Declaratory Ruling made by the North Carolina Medical Society and the North Carolina Society of Eye Physicians and Surgeons. A copy of that testimony was previously made available to the Members of the Board.
Report of the Secretary Treasurer. The Secretary-Treasurer presented the Budget Report that covered the period 07/01/04 through 05/31/05. With a month remaining in the fiscal year, Ms. Mitchell noted that few of the line items in the budget exceeded the amounts budgeted. Most notable was the line item titled “legal; investigative” which is a direct result of the current litigation with the Medical Board. On a motion by Dr. Hendrix seconded by Dr. Anderson and carried unanimously the Report of the Secretary-Treasurer was accepted.
Report of the Executive Director. There are 33 applicants for the Summer 2005 examinations. That number will require that the Board be in Raleigh for a minimum of four days, three days at the examination site using half of the first day for set up and a Board Meeting. The dates previously approved and currently posted are Friday, July 29, 2005 through Wednesday, August 3, 2005. There continues to be a problem at the McKimmon Center as a result of their staff reorganization and their having booked other meetings that overlap our schedule. As late as yesterday we confirmed that the space required for the Summer examinations will be available beginning Saturday morning, July 30th. It is the recommendation of Staff that the Board and Clinical Examiners arrive in Raleigh on Friday afternoon and for the Board to conduct its first meeting on Friday evening. On Saturday, July 30th the Board and the Clinical Examiners will meet at the McKimmon Center in time to set up the examination stations and conduct the first two examination sessions of the seven that will be required. On Sunday, July 31st three sessions will be conducted and on Monday, August 1st the final two of the seven sessions required will take place. The examinations should be concluded no later than 2 PM giving the Board the opportunity to meet should any unfinished or new business remain on the agenda.
In reporting on the current status of the Board’s data systems it was the opinion of the Executive Director that the progress made thus far in the development of the windows based data management system is at best very disappointing. This has been a work in progress over a period of years, not months. After many delays, the Board was assured that the new system would be operational by March 1, 2004 in time for the renewal of 2004 licenses. This did not happen. Following several meetings and telephone conference calls with Members of the Board and Staff we were told by the representatives of CPY Technologies that without fail in March of 2005 the system would be ready and that license renewal information could be entered in the new operating system. Because of this reassurance the Board Staff began entering the data upon receipt of the 2005 license renewal forms into the new system beginning the first of March of this year. From the first day nothing has worked right and delays were the order of the day. Continuing education courses could not be entered until sometime in late April or early May. Because of this problem Staff began entering the information in both the old and the new system to avoid vital information being lost. Duplicate entry of data and improper functioning of the new system not only proved to be costly in terms of Staff time and resources but also caused a great deal of frustration.
On a motion by Dr. Baxter seconded by Ms. Mitchell and carried unanimously the report of the Executive Director was accepted and the schedule for the Summer Clinical/Practicum Examinations that was recommended was approved.
In discussions following the Executive Director’s report, Dr. Baxter confirmed that on a recent visit to the Board office with Mr. Patterson present that the system, in his opinion, was far from operating in a satisfactory manner and that the Staff was correct in their view that the situation must be remedied and a fully workable system in place in the very near future, else there would be major problems in the renewing of licenses for 2006.
Dr. Anderson then moved and Ms. Mitchell seconded a motion that Mr. Patterson and Mr. Considine, dba CPY Technologies, be put on notice that unless the conversion of the Board’s operating system from d-base to windows-based has been completed and is working to the satisfaction of Dr. Baxter, the Board’s representative to oversee this project, Dr. Robinson, the Executive Director and Ms. Janice Peterson, the Administrative Secretary, by July 29, 2005, the Board will consider its option to terminate the services of CPY Technologies and Mssrs. Patterson and Considine and to look elsewhere for persons and/or firms who can complete the work and be responsible for the design and maintenance of the hardware and software necessary for the proper operation of the Board’s data systems; and further, that Mssrs. Patterson and Considine be requested to meet with the Board in Raleigh during the time of its meeting for the Summer 2005 Clinical/Practicum Examinations in order for the Board to make a determination at that time as to the satisfactory operational status of all of its data systems as well as its relationship with CPY Technologies and Mssr. Patterson and Considine in the development and management of these systems in the future. The motion carried unanimously.
Review of Complaints. The Executive Director reported that there were probable cause investigations some months back involving two different licensees that were concluded and Consent Orders entered by the Board. It is found necessary to once again conduct probable cause investigations involving these licensees based upon information that has been received by the Board. It is recommended that the same Board Members who were involved in the previous investigations be appointed to serve to serve on the Probable Cause Committee investigating the licensees in question.
Dr. Banks appointed Dr. Baxter to serve with the Executive Director and Mr. Loper on the first Committee and Dr. Rafferty to serve with the Executive Director and Mr. Loper on the other Committee.
Report of Probable Cause Committee.- The Executive Director reported on behalf of the Probable Cause Committee in the matter of Patrick Conn, OD. Dr. Conn met without Counsel with the Committee which consisted of Drs. Rafferty and Robinson and Mr. Loper at the offices of Womble, Carlyle, Sandridge and Rice in Raleigh. Based upon an agreement reached between the parties Mr. Loper drafted a Consent Order which was reviewed and signed by Dr. Conn on May 29, 2005. By signing the Order Dr. Conn agreed to surrender his license to practice optometry and to enter a treatment program for alcoholism. The Order, a copy of which is in the meeting notebook, stipulates that Dr. Conn’s license to practice optometry be revoked. Further, it stipulates that on or after January 1, 2006 Dr. Conn can make application to the Board for reinstatement of his license based upon a number of terms and conditions including, but not limited to, reimbursement of the Board for its legal and investigative expenses, random testing for drugs or alcohol, enrollment in a treatment program that provides professional counseling for alcohol and substance abuse, and a probationary period of not less than five years following the Board’s agreeing to reinstate his license. The Order now awaits action by this Board. On a motion by Dr. Anderson, seconded by Dr. Hendrix and carried unanimously the Consent Order dated May 29, 2005 in the matter of Dr. Patrick Conn was approved and ordered signed by the President of the Board.
Revocation of Licenses for Non-Payment of Renewal Fees On a motion by Dr. Anderson seconded by Dr. Hendrix the following licenses were revoked in accordance with the provisions of Article 6 of Chapter 90 of the North Carolina General Statutes for nonpayment of the 2004 license renewal fees.
Bryan M. Rogoff, O.D.
Eugene R. Harpe, O.D.
Robert L. Hartsell, O.D.
Paula Johnson, O.D.
Franklin B. McGuire, O.D.
Gerald G. Melore, O.D.
Mark J. Poole, O.D.
Oswald M. Sowers, O.D.
Anthony C. Terrence, O.D.
Michael G. Turner, O.D.
Albert D. Woods, O.D.
Closed Session. At precisely 10 A.M. Mr. Loper joined the meeting by way of a conference telephone hookup. On a motion by Dr. Baxter and seconded by Ms. Mitchell, the Board voted unanimously to go into closed session pursuant to B.S. 143-318.11(a)(3) to receive a report from Mr. Loper regarding the lawsuit with the Medical Board on the issue of whether optometrists may perform certain types of injections. Mr. Loper updated the Board on the procedural status of the lawsuit and with his assessment of the likely procedure and timelines on the two appeals now pending at the Court of Appeals: the first appeal concerns the trial court’s denial of the request of the North Carolina Medical Society and the North Carolina Society of Eye Physicians and Surgeons to intervene in the Board’s lawsuit against the Medical Board; the second concerns the trial court’s granting a preliminary injunction in connection with the Medical Board’s consideration of a Request for a Declaratory Ruling from the North Carolina Medical Society and the North Carolina Society of Eye Physicians and Surgeons on the same issue before the trial court in the injections lawsuit. After responding to the Board’s questions and inquiries, on a motion of Dr. Anderson, seconded by Ms. Richardson, the Board voted to return to open session. No action or vote was taken in this closed session.
Approval of Applicants. On a motion by Ms. Mitchell, seconded by Dr. Baxter and carried unanimously the applications of the following individuals recommended to the Board by the Executive Director as having applied in a timely manner be approved conditioned upon the fact that all documents required by the Board be received prior to their admission to the Summer 2005 Examinations:
[LIST]
Board Office Lease. The current lease on the Board office dated May 7, 2002 that was renewable for two additional one year terms is in its final year which expires on June 30, 2005. A new lease has been prepared by the State Property Office and approved by its Director. Except for the annual rent which was increased by approximately 5 % the terms are identical to the terms of the current lease and is for one year beginning July 1, 2005 and ending June 30, 2006. Like the current lease it provides the option of renewal for two additional one year terms .Copies are in the Meeting Note Book. On a motion by Ms. Mitchell seconded by Ms. Richardson and carried unanimously the new lease for Fiscal Year 2005-2006 with options to renew for two additional one year terms was unanimously approved.
Budget Proposal. Ms. Mitchell presented the proposed Budget for Fiscal Year 200-2006 prepared by the Executive Director. Action on the Budget was postponed until after the Executive Session.
Executive Session. On a motion by Dr. Baxter seconded by Dr. Anderson and carried unanimously the Board went into Executive Session at 11:00 A.M. Thursday morning, June 2, 2004 to discuss Staff performance and salaries. In reconvening the meeting at 11:20 A.M. the President announced that in Executive Session the Board unanimously agreed that the performance of the Board Staff over the past year had been exemplary and that all of the Members of the Board were deeply appreciative of their dedication and professionalism in the performance of their duties; further, that the Members of the Board were unanimous in their opinion that a 5 % increase in the salaries of the Board Staff as presented in the proposed budget for fiscal year 2005-2006 was in order. On a motion by Dr. Anderson seconded by Dr. Baxter the Board returned to open session. No action or vote was taken in closed session.
Adoption of the Budget. Following the Executive Session, the Secretary-Treasurer presented the Budget for fiscal year 2005-2006 which included an increase of 5 % in the salaries of the Executive Director, the Administrative Secretary and the Administrative Assistant.
Prior to voting on the adoption of the Budget Dr. Baxter moved and Dr. Rafferty seconded a motion that the Board approve a 10% contribution (included in the Budget as presented) based upon salaries for fiscal year 2005-2006 to the SEP accounts of the Executive Director, Administrative Secretary and the Administrative Assistant. The motion carried unanimously
On a motion by Dr. Hendrix seconded by Dr. Baxter and carried unanimously the Budget for fiscal year 2005-2006 as presented by the Secretary/Treasurer was adopted.
Report of the Examination Review Committee. Dr. Banks reported on behalf of the Examination Review Committee consisting of himself and the Executive Director. Three applicants who had failed the Winter 2005 Examinations appeared as scheduled in the Board office. The Committee found no compelling reason why it should recommend to the Board that any of the scores in question be changed. Dr. Banks then moved and Dr. Baxter seconded a motion that carried unanimously that the examination scores as reported to the candidates requesting a review of scoring are correct and that a letter so stating be sent to them.
Annual Audit. A proposal for performing the Annual Audit by the Accounting Firm of Waters and Piver was presented. On a motion by Dr. Baxter seconded by Ms. Mitchell and carried unanimously the proposal by Mr. Waters on behalf of his firm was accepted.
Clinical Examiners. There was a brief discussion concerning persons to serve as Clinical Examiners for the Summer 2005 Examinations. . On a motion by Ms. Mitchell seconded by Dr. Anderson and carried unanimously the following are to be asked to serve:
Drs. Kenny Bumgarner, Thomas Bull, Ania Hamp, David King, Don MacQueen, Maggie Metwalli, Sandra Moore, Bret Munn, Eric Oberdorf, and Robert Rosenstein. In the even that any of those listed cannot serve then Alternate Examiners are to be selected from the list of those Examiners who have served in the past:
NBEO/ARBO/AOA Meeting. Drs. Rafferty, Hendrix and Robinson are to attend the Annual Meeting of the Association of Regulatory Boards in Optometry and the American Optometric Association in Dallas, TX June 18 -22, 2005. On a motion by Ms. Mitchell seconded by Dr. Baxter the registration fees, travel, 4 hotel nights, 5 days meal and 5 days per diem were authorized for the Board Members for the NBEO/ARBO meetings and that the Executive Director be reimbursed for his registration, travel, hotel and meal expenses for these meetings. The motion carried unanimously.
Prior to adjournment Dr. Rafferty announced his plans to run for one of the open positions on the Board of Directors of the Association of Regulatory Boards in Optometry. He was assured of the support of his fellow Board Members who wished him success in this endeavor.
Annual Meeting. The Annual Meeting to elect officers was set for Wednesday, June 15, 2005 at 12:30 PM by way of a conference telephone call.
There being no further business the Board officially adjourned at noon on Sunday, June 5, 2005. The next meeting will be the Annual Meeting of the Board to elect officers for the coming year beginning July 1, 2005 and will be held by way of a conference telephone call on Wednesday afternoon, June 15, 2005 at 12:30 P.M.
Approved 07/29/05