Minutes of the                                                                          

North Carolina State Board of Optometry                               

November 6 – 9, 2008

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 6 – 9, 2008 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, Drs. Joel Banks, President, William Hendrix, Secretary/Treasurer, David Anderson, Michael Clark William Rafferty and Mr. Roger Mitchell and Ms. Mary Richardson, Members of the Board.  Also present was Dr. John Robinson, the Executive Director.  Mr. Byron Nelson, a political consultant from Winston Salem representing the American Academy of Ophthalmology  and the North Carolina Society of Eye Physicians and Surgeons (SEPS)  was present during the entire meeting except those portions closed  pursuant to NCGS 143-318.11(3) and 143-318(a)(1).  Present at the time certain meeting at 10 A.M. via conference telephone was Mr. Johnny Loper, the Board’s attorney.  Present to discuss issues in light of current budgetary  concerns relating to the numbers and the admission of qualified students from North Carolina to the contract  spaces allotted  to their respective institutions by the North  Carolina Educational Authority  were: James M. Caldwell, OD, EdM, Assistant Dean of Academic Affairs and Director of Admissions at  the  Pennsylvania College of  Optometry at Salus University;  Gerald Simon, OD, Associate Clinical Professor and Director of Student Affairs and Ms. Connie S. Wright, Program Manager, Student Admissions  and Records at the University of  Alabama School of Optometry; and Richard W. Phillips,  OD, President and Kristin Anderson,  OD, Vice President, Institutional Advancement, Southern College of Optometry.                                                                   .

 

The President called the meeting to order at 8:35 AM and offered the opening prayer after which he called the Board Member’s attention to the Ethics  and Conflict of Interest statements as requested by the North Carolina Board of Ethics (copies furnished to each Member of the Board)

 

Approval of Minutes.  On a motion by Mr. Mitchell and seconded by Dr. Hendrix the minutes of the meeting of the August 22 – 23, 2008 were unanimously approved.

 

Report of the President   Dr. Banks’ report  was brief.  He  spent time going over what he thought was among the  important tasks before the Board at this time, the  revamping of the system and the manner in which the case scenarios are constructed as a means of more uniform presentation of case scenarios, examiner training in scoring and the building of an expanded data base of case scenarios for use in the future.  Dr. Rafferty as the Chairman of the Committee will continue in his role as Chairman and will have his report ready by  our next meeting.  On a motion  by Dr. Clark that was  seconded by  Mr. Mitchell the report of the President was carried unanimously. 

 

Report of the Secretary/Treasurer.  Dr. Hendrix called everyone’s attention to the Budget Report covering the period July 1, 2008 through October 31, 2008, copies of which were in the meeting notebook.  The most significant difference noted in this report and the report given at this meeting last year is in the income line.  There is a significant increase in income reflected in this report due to the fact that license renewals went out a full week earlier this year and nearly three weeks earlier than two years ago.  At the same time the response rate this year was somewhat faster resulting in the income line improving over that of a  year ago.   Following a brief discussion and the answering of questions by Dr. Hendrix and the Executive Director, Dr. Anderson moved and Mr. Mitchell seconded a motion that the report of the Secretary/Treasurer be accepted.  The motion carried unanimously.

 

Report of the Executive Director.    The 2009 license renewals did go out prior to the deadline set a year ago.  As  expected the telephone began to ring with licensee’s inquiring about their continuing education hours.  As was the case last year the greatest source of ‘missing credits’ was the result’ of the  failure of the Southern Council once again to report the continuing education hours taken at SECO directly to this Board as had been the case over many years.  Further, there is some question this year as to whether or not SECO  is reporting hours to  ARBO’s OE Tracker, instead leaving it the  responsibility of the individual registrant to report their hours directly to the entity(ies) of their own choosing.

 

In discussing annual renewals of licenses and ways to make the process  more efficient, less time consuming  and easier to manage from an administrative standpoint while at the same time making it more convenient for the licensee we anticipate adding an option that will  allow our licensees who would like to do so the option to renew their license on line.  This will require the acceptance credit cards, something we do not have the ability to do now.  To off set the expense that would be incurred the Board would impose  a ‘convenience fee’ to cover those  costs.  It not only would  be faster but would also include a transaction trail that would track the deposits and the licensee(s) making the payment.  Monthly statements of the transactions would become a part of the Board’s financial records and would eliminate the Board staff’s need to fill out deposit slips that  can run  pages long minimizing the possibility  of  mathematical errors. We also plan to build into the data base the ability of the licensees to access their own continuing education records.  This will save staff a lot of  time on the telephone reporting CE  hours, especially at the busiest time of year when license renewals go out. 

 

Mr. Dixon’s report dated November 4th is a part of your meeting note book.  I will be happy to answer any questions you have when you have had time to review it.

 

Finally, there is a letter in your notebook from Dr. Boyd Honeycutt, the Carrier Medical Director at CIGNA Government Services, relative to reimbursement by Medicare of optometrists for performing the procedure, Visual Evoked Response  (CPT Code 95930).  This letter was written in  response to a letter from the Board’s attorney,  Mr. Loper, to CIGNA regarding denial of payment to optometrists for this procedure by Medicare.  Non-payment was brought  to the attention of the Board by the makers of the instrument  used to perform the procedure who stated that other Medicare carriers over the country were paying for the procedure.  Further investigation will be undertaken prior to further communications with Dr. Honeycutt.

 

Dr. Banks, this concludes my report.  On a motion by Dr. Hendrix seconded by Dr. Clark and carried unanimously, the report of the Executive Director was unanimously accepted.

 

The Regional Association of Regulatory Boards in Optometry (ARBO) held during the SECO International Educational Congress and the Annual FARB Forum are traditionally held during the month of February.  The 2009 FARB Forum is to be held in Tampa, Florida January 23 – 25, 2009.    SECO and the Regional Meeting of the Association of Regulatory Board’s in Optometry are scheduled to be held in Atlanta February 4 - 8, 2009 and 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 Tampa or the Regional ARBO / SECO meetings in Atlanta in 2009.  Dr. Rafferty, a Member of the Board of Directors of ARBO,  will be in Atlanta attending an ARBO Board of Directors meeting and the Regional ARBO meeting with his expenses paid by that organization.   Dr. Clark indicated he might attend the Southern Council meeting.  Attendance by the Executive Director at either of the meetings, while possible, is doubtful  because the many activities going on in the office requiring his attention.   Following a brief discussion it was left to the President to approve attendance of a Board  Member at either of these meetings.  Intentions to register the meeting(s) should be made known to the Board office no later than January 1, 2009 stating their plans to attend..  Reimbursement for expenses at either meeting will be for a maximum of five per-diems plus the appropriate registration fee, travel, up to four hotel nights and five days meal expenses.  

 

Report of the Probable Cause Committee.   Dr. Anderson reported for the Probable Cause Committee in the matter of Glenn S. Matheny.  A copy of the Consent Order recommended by the  Committee and agreed to by Dr. Matheny was in the meeting notebook.  After reviewing the Order and the answering of questions by Drs. Anderson and the Executive Director Mr. Mitchell moved and Dr. Rafferty seconded a motion that carried unanimously that the Order be approved and that the President be authorized to sign it on behalf of the Board.

 

 

Time  Certain Meeting with Mr. Loper. At precisely the hour of 10:00 A.M. a motion was made by Mr. Mitchell and seconded by Dr. Anderson to go into closed session  in accordance with the provisions of NCGS 143-318.11(a)(3) to receive information  from the Board’s attorney Mr. Loper regarding current litigation. The motion carried unanimously.

 

In closed session Mr.  Loper informed the Board of certain  discussions that  have occurred by representatives of the Optometric Society with the officers  of SEPS and the NC Medical Society regarding litigation between the Board and the NC Medical Board over the injections issue and  the potential consequences of such discussions for the Board.

 

After Mr. Loper responded to various questions from the Board Members (none of which related to the substance of the matters to be decided by  the Board),  on a motion by Ms. Richardson, seconded by Dr. Clark and carried unanimously the Board voted to return to open session.  No motions were made and no votes taken while the Board was in this closed session.

 

Scenario Construction Committee Update.  Dr. Rafferty reported that he had experienced difficulty in getting those Clinical Examiners who agreed to work on the project  together to finalize the work done to this point in time.  He reported that Dr. David King has agreed that he would work with him over the Christmas holidays to finalize the committee’s recommendations and that their report would  ready for  presentation to the Board at its meeting in February. Following a short discussion and the answering of questions by Dr. Rafferty, on a motion by Mr. Mitchell that was seconded by Dr. Clark, the ‘interim report’ of the Chairman of the Scenario Construction Committee was unanimously accepted.

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Report of the Examination Review Committee.   Dr. Clark reported on behalf of the Examination Review Committee.  He and the Executive Director met in the Board office with nine candidates who had failed the Summer 2008 Clinical/Practicum Examinations.   The scoring of the examinations (including the notes made by the clinical examiners) was reviewed with each candidate.  Upon review of their results with each of the candidates no evidence was discovered to support changes in any of their scores: therefore it is recommended that the results of the examinations stand as reported.  On a motion by Mr. Mitchell seconded by Ms. Richardson and carried unanimously the Board in accepting the report of the Committee determined that the examination results as reported to the candidates would stand. 

 

Winter 2009 Clinical/Practicum Examinations.   Based upon the number of applications received and the number that are in the hands of potential registrants at the time of this meeting the number of applicants taking the Winter 2009 examinations will be less than twenty-five.  Assuming that the number will not exceed twenty-five no more  than five sessions over a period of two days will be required.  Therefore, it is recommended that the Board and Clinical Examiners arrive in Raleigh on Friday afternoon February 13, 2009  for orientation and examination stations set-up. Three sessions will be conducted on Saturday, February 14th and if present projections hold true there will be no more than two  sessions on Sunday, February 15th.  In the very unlikely event that the number of applicants exceeded 25 it would  be possible to do three sessions  on Sunday.  Until we have information otherwise the Board office is looking at a schedule that will accommodate up to twenty-five candidates with the Board Members and Clinical Examiners arriving at the McKimmon Center at 3 P.M. on Friday, February 13,  2009 with departures no  later than 3 P.M. on Sunday afternoon, February 15, 2009. On a motion by Dr. Clark, seconded by Dr. Anderson and carried unanimously the Executive Director was authorized to select the Clinical Examiners from  those who were at the Summer Examinations and if necessary from those who have served before as back-ups.  Should it become necessary he may select one or more examiners from those who appeared as observers at the Summer 2008.

 

Meeting To Determine Examination Results.  A date for the Board to meet to determine the results of the Winter examination must be established prior the end of the February meeting.  It is recommended that the date be the week-end of March 20 – 22, 2009.   Members of the Board are requested to review their calendars for possible conflicts in order that a date be firmed up.  Likewise, a date must be established by the time the Winter examinations start for those applicants who might not be successful to review their results with representatives of the Board.  It is recommended that this be done no later than the third week in May so that the recommendations of the Committee can be submitted to the Board at its meeting in June. The President asked that Dr. Rafferty be prepared to act as the Board Member  on the Examination Review Committee and that he consult with the Executive Director as to the most convenient time for him to meet in the Board office during the first half of May 2009 to  conduct the review session.

 

On a motion by Dr. Hendrix, seconded by Dr. Clark and carried unanimously, the meeting was recessed at 12:00 P.M. on November 6, 2008 in order to meet with representatives of the three schools  of optometry for group luncheon set up in the meeting room next door.  During an informal luncheon meeting there was a general discussion between the Members of the Board and the Representatives of the Schools and Colleges of Optometry holding ‘contract spaces’ funded by the North Carolina State Education Assistance Authority and the College Foundation of North Carolina for students  enrolled in their optometry degree programs.  It was the Board’s concern that the schools be aware of the budgetary problems facing the State Legislature and that vacancies in the slots available  in any  of  the schools might well  result in that slot being lost for the foreseeable future.  While there was a time when slots that went unused in one institution could be transferred to another one participating in the program, this is no longer the case.  Further, under the current policies of those administering the funds, once a slot is lost those funds will be transferred to another program within the University System.  The end result is the loss of the total number of positions that were previously  allotted within the overall program that were available  to North Carolina residents wishing to pursue a career in optometry.   

 

At 2:00 P.M. the Board and the faculty representatives of the Schools and Colleges of Optometry who have been retained to serve as consultants to the Board reconvened in the Eisenhower Room.  On a motion by Dr. Anderson seconded by Mr. Mitchell  and carried unanimously the  Board went into closed session in accordance with the provisions of NCGS  143-318.11(1) and 93B-8(d) to  discuss the scoring and content of the  North Carolina Board’s Clinical/Practicum Examination and student performance on these examinations.  Over a period of nearly two hours there was an exchange of information and detailed discussion of the format, content and scoring of the examination and  what was expected in the way of performance from applicants taking the examination in order to become licensed to practice optometry in North Carolina. When the discussions  ended on a motion by Mr.  Mitchell that was seconded by Ms. Richardson and carried unanimously the Board returned to open session.

 

Without objection from any Member of the Board,  the  President  invited the consultants to  carry back and invitation to their institutions that those who would like the opportunity to do so to send a representative to observe the examinations, informing them that there was a schedule of future examinations posted on the Board’s web site at www.ncoptometry.org.   There was the caveat, however, ‘that the Board office be  notified a minimum of 30 days in advance so that a schedule for each observer(s) could be designed in order to avoid their being in a station during the time one of their own students was being examined (this to avoid undue pressure on the applicant because of  the presence of one of his or her school’s faculty in the examination station)’.

 

Consultants Honorarium. On a motion by Dr. Hendrix seconded by Dr. Clark and carried unanimously the Board authorized an honorarium in the amount of $ 200 for each of the school representatives acting as consultants to the Board in the review of the format, content and scoring of its Clinical/Practicum Examinations. 

 

There being no further business, the President thanked the representatives of the three schools of optometry for their willingness to take part in the afternoon portion of its meeting then recessed the Board until the meeting with the new licensees and the presentation of their licenses later in the Fall Educational Congress of the North Carolina State Optometric Society.  The remainder of the time in Asheville was spent monitoring the continuing education programs, and in the absence of other business adjournment will be at noon on Sunday, November 9, 2009

 

The next meeting of the Board for the purpose of conducting the Winter 2009 Clinical/Practicum  Examinations and for other purposes will be at the Jane McKimmon Center in Raleigh, NC beginning at 3:00 P.M. on Friday, February 13, 2009.  Adjournment will depend on the number of applicants but will be no later than 6:30 P.M. on Sunday, February 15, 2009.

 

 

 

                                                                                                Approved 02/13/09

                                                                                                                                 Raleigh, North Carolina