Approved 11/10/2005

Asheville, NC

Minutes of the Special Meeting

North Carolina State Board of Examiners in Optometry

Held via Conference Telephone

5:30 p.m., Monday, September 19, 2005

Following the roll call the meeting was called to order at 5:30 p.m. by the President. Present on the call were Drs. David Baxter, President, William Rafferty, Secretary-Treasurer, David Anderson, Joel Banks, William Hendrix and Mrs. Trudy Mitchell and Mrs. Mary Richardson, members of the Board. Also present was Dr. John Robinson, Executive Director, Mr. Johnny Loper, the Board’s attorney and Ms. Sarah Buthe, a member of Mr. Loper’s Law Firm.

Announcing that the purpose of the meeting was to receive advice from the Board’s attorney, Mr. Loper, on the statutory authority of the Board to issue temporary licenses or permits to practice optometry in North Carolina the President asked for a motion that the Board go into closed session.

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

In closed session, Mr. Loper reviewed the requirements for licensing optometrists to practice in the State of North Carolina as set forth in Article 6 of Chapter 90 of the General Statutes and Chapter 42 of the North Carolina Administrative Code. Following discussion and the answering of questions by Mr. Loper Dr. Hendrix moved and Dr. Anderson seconded a motion that carried unanimously that the Board return to open session.

The President asked Mr. Loper to write a letter to the Board advising the Board of its lack of authority under the provisions of NCGS Chapter 90 Article 6 and Chapter 42 of the NCAC to issue temporary licenses or permits to practice optometry in situations of emergency as currently exist along the Gulf Coast States of the United States.

Dr. Hendrix moved and Dr. Banks seconded a motion that the Board notify those parties making inquires concerning the possibilities of the Board’s issuing temporary licenses or permits to practice optometry in North Carolina that there is no statutory authority under the laws of this state that have been granted to the Board in this regard. The motion carried unanimously.

There being no further business, at 5:50 p.m. Dr. Banks moved and Dr. Rafferty seconded a motion that the meeting be adjourned.. The motion passed unanimously.

The next regularly scheduled meeting of the Board will be in Asheville, NC at the Grove Park Inn beginning at 9 A.M. on Thursday, November 11 and ending no later than noon on Sunday, November 13, 2005.

Attachments: Agenda & Mr. Loper’s letter dated September 19, 2005