Minutes of the

North Carolina State Board of Optometry

November 10 – 14, 2004

Grove Park Inn

Asheville, North Carolina

The North Carolina State Board of Examiners in Optometry met at the Grove Park Inn in Asheville, North Carolina on November 10 – 14, 2004 to conduct its regularly scheduled Fall meeting, to monitor the Educational Program at the Fall Educational Congress of the North Carolina State Optometric Society, and for other purposes. Present were, Dr. Joel Banks, President, Ms. Trudy Mitchell, Secretary-Treasurer, and Drs. David Anderson, David Baxter, Scott Edwards and William Rafferty, Members of the Board. Also present was Dr. John Robinson, the Executive Director.

The President called the meeting to order at 9:05 A.M. following which he prayed the opening prayer.

On a motion by Ms. Mitchell and seconded by Dr. Anderson the minutes of the meeting of August 27 – 28, 2004 as corrected were unanimously approved.

The President made no formal report.

Report of the Secretary-Treasurer The Secretary-Treasurer distributed copies of the Budget Report for the period covering the period July 1 – November 9, 2004. Copies of the “INDEPENDENT AUDITORS’ REPORT AND FINANCIAL STATEMENTS for YEAR ENDING JUNE 30, 2004” were also distributed. Following review of the Budget Report, the Auditors’ Report and the answering of questions by Ms. Mitchell and the Executive Director, a motion was made by Dr. Baxter seconded by Dr. Anderson and carried unanimously that the report of the Secretary-Treasurer and the Independent Auditors’ Report as submitted to the Governor and Council of State be accepted.

There was a brief discussion of the Board’s investment accounts at Legg Mason. It was the consensus of the Board that Mr. Bridgers be asked to create a report that reflects the earnings of the Board’s Mutual Fund accounts over the first six month period of the investments, July 1 through December 31, 2004. The Executive Director was requested to contact Mr. Bridgers to inform him of the Board’s request in this regard.

Report of the Executive Director. License renewal notices for calendar year 2005 were sent to over a thousand North Carolina licensed optometrists during the last week in October. Responses began to arrive within days of the mailing and continue to come in at a rapid rate as was the case last year.

Mssrs. Ernie and Chris Patterson have installed their first “working” version of a windows based system that is to replace our current dbase system. The software program is being “fine tuned” and is in the final testing phase. Conversion of entire data base from a d-base operating system to windows is to take place on March 1, 2005.

The Regional Association of Regulatory Boards in Optometry (ARBO), the SECO International Educational Congress and the Annual FARB Forum are traditionally held during the month of February. The 2005 FARB Forum is to be held in Scottsdale, AZ February 4 – 6, 2005. This meeting is most often attended by a lay Member, the Executive Director and at times by the Board Attorney. SECO and the Regional Meeting of the Association of Regulatory Board’s in Optometry are traditionally attended by the Executive Director and one or more of the Professional Members of the Board. It is not clear at this time as to which, if any, Member of the Board has an interest in attending either the FARB meeting in Scottsdale or the Regional ARBO / SECO meetings in Atlanta in 2005. The Executive Director’s attendance at either of the meetings is dependent upon the scheduling of the Winter 2005 Clinical/Practicum examinations. Therefore, it is recommended that reimbursement for attendance by any representative(s) of the Board at either of these meetings be for travel, four hotel nights and five days meal expenses.

The history of the recent legislation passed by the North Carolina Legislature authorizing funds to begin a study of the feasibility of establishing a school of optometry at the University of North Carolina at Pembroke was thoroughly discussed as well as the reaction of a number of interested parties to the possibility of the establishment of a new school. The Executive Director was among some twenty-five optometrists and officers of the State Society who attended a reception in October at UNC Pembroke hosted by the University for the purpose of informing the profession of the planning that has taken place to date and the school’s plan to begin a detailed study of the feasibility of establishing a doctoral program in optometry at this University.

Dr. Baxter moved and Dr. Anderson seconded a motion that the report of the Executive Director be accepted and that those who wished to attend either the FARB or the SECO/ARBO meetings notify the Executive Director. The motion carried unanimously.

Following the report of the Executive Director, Ms. Mitchell stated that if her schedule permitted she would like to attend the FARB meeting. Dr. Edwards moved and Dr. Baxter seconded a motion that Ms. Mitchell and the Executive Director be authorized to attend the FARB meeting. Dr. Rafferty expressed interest in attending the SECO/ARBO. Dr. Edwards moved and Ms. Mitchell seconded a motion that Dr. Rafferty and the Executive Director be authorized to attend the SECO/ARBO meetings. The President directed that other individuals who were interested and could arrange their schedule to attend either the FARB in Scottsdale, AZ and/or the Regional ARBO / SECO International Educational Congress in Atlanta contact the Executive Director as soon as possible following this meeting so that their registrations for these meetings may be arranged.

At precisely the hour of 10:00 A.M. a motion was made by Dr. Baxter, seconded by Dr. Rafferty and carried unanimously that the Board go into closed session in accordance with the provisions of NCGS 143-318.11(a)(3) to discuss matters related to ongoing litigation with its attorney by way of a conference telephone call. The motion carried unanimously and the call to Mr. Loper was placed.

During closed session, the Board received advice from Mr. Loper regarding the lawsuit filed on November 7, 2003, by the Optometry Board against the North Carolina Medical Board to resolve the issue of whether optometrists who have been credentialed by the Optometry Board to perform certain injections for the purpose of diagnosing or treating abnormal conditions of the eye would be in violation of the Medical Practice Act in performing such injections. Mr. Loper also answered certain questions from the Board relating to the lawsuit.

At 10:45 A.M. the call was ended. On a motion by Dr. Rafferty seconded by Dr. Baxter and carried unanimously, the Board reconvened in open session.

Dr. Rafferty reported on behalf of the Examination Review Committee. He and the

Executive Director met on October 20, 2004 with a candidate who had failed the Clinical/Practicum Examinations. The scoring of the examination including the notes made by the clinical examiners was reviewed with the candidate. Satisfied with the review of their results by the Committee, the candidate expressed the desire to make application to retake the examination at its next administration, the Winter Examination in 2005. No further action was required of the Board.

Winter 2005 Examinations On a motion by Dr. Baxter, seconded by Dr. Banks and carried unanimously the following were approved as Clinical Examiners for the Winter 2005 Examinations: Drs. Thomas Bull, Kenneth Bumgarner, Ania Hamp, David King, Don MacQueen, Magda Metwalli, Sandra Moore, Brett Munn, Eric Oberdorf, Robert Rosenstein,;and as backups, Drs. Michael Clark, Robert Harding, John Miller, Robert Sullivan and Matt Vizithum.

The President directed that the names of any individual recommended to come as an observer at the Winter 2005 Examinations are to be submitted by Members of the Board to the Board office no later than January 21, 2005. Invitations to attend the Winter 2005 examinations as observers will be extended depending upon time and space availability.

There being no further business, on a motion by Dr. Baxter, seconded by Dr. Anderson and carried unanimously, the meeting was recessed at 4:50 P.M. on November 11, 2004. The remainder of the time in Asheville was devoted to monitoring the continuing education programs of the North Carolina State Optometric Society and the orientation program sponsored by the Society for the new licensees.

The next meeting of the Board for the purpose of conducing the Winter 2005 Clinical Examinations will a be at the Jane McKimmon Center in Raleigh, NC beginning at 2:00 P.M. on Friday, February 11, 2005. Adjournment will be no later than 5:00 P.M. on Sunday, February 13, 2005.

Approved 02/11/05

Raleigh, NC