Minutes of the
North Carolina State Board of Optometry
November 11–14, 2010
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 11 – 14, 2010 to
conduct a formal hearing on the petition of James B. Black, O.D. for
restoration of his license to practice optometry, to hold 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. Michael
Clark, President, Dr. William Rafferty, Secretary/Treasurer and Drs. David
Anderson, Andrew Cook, Harold Herring and Mr. Roger Mitchell and Ms. Mary
Richardson, Members of the Board. Also
present was Dr. John Robinson, the Board’s Executive Director, Mr. Johnny
Loper, the Board’s attorney and Mr. James Wilson, Special Counsel to the Board. Present at the hearing on the petition for
restoration of his license at the time certain of 2:30 P.M. on Thursday was Dr.
James B. Black, his attorney, Mr. Alvin A. “Whit” Powell, and Taura J.
Hamilton, CSR, RPR whose services to record the hearing were arranged by the
Board.
The President called the meeting to order at 8:40 A.M.
after which he read the ‘ETHICS AWARENESS & CONFLICT OF INTEREST REMINDER’ as
required by the North Carolina State Ethics Commission (a copy of the statement was included in each Member’s
meeting notebook).
Approval of Minutes. On a motions by Mr. Mitchell seconded by Ms. Richardson and
carried unanimously the Minutes of the
regularly scheduled meeting on September 16-17, 2010, the special meeting on
October 19, 2010 and the special meeting on October 29, 2010 were approved.
Report of the President Dr.
Clark thanked the Members of the Board and its Staff for their support thus far
in his Presidency noting that these are turbulent times in the profession and
that the continued recognition of this Board as the final authority in the validation
of both the initial and the continued competency of its licensees is vital to
the concept of the various states’ authority to define professional scopes of
practice and to license and regulate
the various health professions serving its citizenry in this regard. While
he had no specific issues he wished to
address at this time there would be opportunities to do so during
the course of the meeting. He then asked for the continued support of every Member of the Board and commended them on
their willingness to serve the citizens of North Carolina as Members of the
State Board of Examiners in Optometry.
On a motion by Dr. Cook seconded by Dr. Herring and carried unanimously
the report of the President was accepted.
Report of the Secretary/Treasurer. Dr. Rafferty reviewed the
Budget Report of 07/01/10 through 11/08/10 noting that revenues showed an
expected increase over past years based
upon the fact that license renewals were mailed approximately three and a half
weeks prior to his report and that with the exception of the “legal &
investigative” expenses the expenses so far for the year compared to the
budgeted amounts were about where it was hopped they would be. Following the answering of questions and
clarifications by Dr. Rafferty and the Executive Director on a motion by Dr.
Anderson seconded by Ms. Richardson and carried unanimously the report of the
Secretary/Treasurer was accepted.
Report of the Executive Director. The 2011 license renewals
were mailed on October 18th this
year, three weeks in advance of this meeting in keeping with the goal we
set a year ago. Printing of all of the license
renewal forms, the branch office renewal forms, the continuing education
transcripts and the envelopes was accomplished without major ‘glitches’. Those that did occur were quickly remedied by
John Dixon who continues to ‘tweak’ the software when called upon to do so by
the Staff. I would now like to briefly go over some of the more
important issues that we have dealt with since our last meeting in order to update
you as a Board and to answer any questions you might have.
·
Amendments to the Board Rules and Regulation are now
before the Office of Administrative Hearings.
Copies of the amendments that include those changes recommended by the
Staff of the Administrative Hearings Office as published in the North Carolina Register are in your meeting
note books.
·
Governor Purdue’s “Rules Modification and Improvement Program”. Dr Anderson, Ms. Peterson and myself met
with Mr. Loper and Ms. Amanda Ray in their offices in Raleigh not long before
this meeting to review all of the Board’s Rules in an effort to identify rules
that were considered either out dated or no longer necessary or
appropriate. Upon completion of that effort
Ms. Ray reported the results to the Office of Administrative Hearings.
·
Complaints.
There has been an alarming increase in the number and type of complaints
we are getting regarding advertisements including, but not limited to web sites
that are thought to be false and/or misleading by those filing the
complaint (the complaints are coming
from other optometrists).
·
The unauthorized sale/dispensing of contact lenses
by non-licensed businesses. The Board
received a letter from the President of the State Society asking the Board to
address the issue. After discussing the
matter with the President of the Board and with the Board’s attorney a letter
in response to the President of the Society has been drafted and is a part of
your notebook awaiting approval prior to its being sent. With the help of Mr. Loper forms have been
prepared for use by patients and their optometrist in reporting the illegal
sale and dispensing of contact lenses by non- licensed persons and/or
businesses where “patient harm” has resulted.
It is recommended that both the letter and the forms be made available
for quick and easy access by the public by providing links to both on the Board’s
web site.
·
The National Board of Examiners in Optometry (NBEO)
has announced that it is adding the testing of the use of “injections” to their
examinations beginning in 2011. The
Board notified all of the schools and colleges in July of 2006 that beginning
with the graduating class of 2010 applicants to take the North Carolina
licensing examination must provide evidence satisfactory to the Board that they
have received training in the use of injections in the practice of optometry as
a part of their optometry school’s curriculum.
It is recommended that letters going to applicants who are graduates in
2011 and who wish to apply to take the
Summer 2011 examinations be notified that they are required to take and pass
the injection examinations conducted by the NBEO if they are to be admitted to
the North Carolina clinical/practicum examinations.
·
As instructed at the Board’s September meeting following the discussion of the issue there
is a copy of the Board’s letter in your current meeting notebook in response to
the inquiry by Drs. Barker and Hollis that
was received just prior to that meeting that sets forth the Board’s Policy regarding
the use of “mobile eye clinics” (the letter was circulated to the Members of
the Board for comment prior to its being sent).
Dr. Clark, this concludes my report; however, as the
meeting progresses there may be additional items that need to be addressed. Following brief discussion and the answering
of a number of questions for the purpose of clarification, on a motion by Mr.
Mitchell seconded by Ms. Richardson and carried unanimously, the report of the
Executive Director was unanimously accepted.
Illegal Sale and/or Dispensing of Contact Lenses - Posting of
Board’s Letter and Patient’s Complaint Forms on the Board’s Web Site. As stated in the report
of the Executive Director a draft of a letter and forms for reporting injury or
harm as a result of wearing contact lenses that were sold or dispensed
illegally awaiting the Board’s action (approval) is in the meeting notebook in
response to the inquiry by the President of the North Carolina State Optometric
Society regarding the illegal sale and dispensing of contact lenses. On a motion by Dr. Cook seconded by Dr.
Anderson and carried unanimously the letter and forms were approved and the
Executive Director was instructed to post them on the Board’s web site for easy
access by both practitioners and patients.
The “Complaint Forms” are designed for use to file complaints with the
Board when reporting ‘patient harm’ resulting from the wearing of contact
lenses that were sold and/or dispensed ‘illegally’ by an unlicensed person(s)
or business. The Executive Director will hand deliver the letter and the forms
to the President and the Members of the Society’s Executive Council at their
meeting prior to the start of the Society’s Fall Educational Congress.
Memorandum to Licensees Regarding False and/or Misleading
Advertising. Recognizing
how long it has been since the last letter from the Board regarding this
subject was sent to its licensees, the numbers of practitioners that have been
licensed during the interim and the increasing numbers of complaints regarding
false and/or misleading advertisements, it was the consensus of the Board that
another letter to all licensees on this subject be drafted for approval by the
Board at its next meeting. Following discussion
and without objection the President directed the Executive Director to look at past
letters on the subject and to draft a new one keeping in mind the new modes of
advertising, particularly the increasing use of web sites.
The Regional Association of Regulatory Boards in Optometry (ARBO) Held
in Conjunction with the SECO
International Educational Congress SECO and the Regional Meeting of the Association of Regulatory
Board’s in Optometry are scheduled to be held in Atlanta March 2 - 6, 2011 and are
traditionally attended by the Executive Director and one or more of the
Professional Members of the Board. Dr. Cook will be attending the meeting as an
official of SECO. Following the polling
of the Board Members on a motion by Mr. Mitchell seconded by Dr. Anderson and
carried unanimously the Board approved the registration, travel, four hotel
nights and food expenses and five per diems for Drs. Clark and Rafferty to
attend this meeting. As is customary
the registration, travel, four hotel nights and food expenses for this meeting
were approved for the Executive Director should he be able to attend.
Winter 2011 Clinical/Practicum Examinations. Based upon the number of applications held over from the Summer
2010 examinations and the remaining applications on file at the time of this
meeting, it appears that the number of
applicants taking the Winter 2011 examinations will be no more than twenty. There
is a possibility – though remote - that there could be less than ten applicants
by the time of the deadline for filing applications meaning there would not be
an examination (for the first time ever). Assuming that the number will not exceed twenty, no more than four
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 18, 2011 for
orientation and examination stations set-up. Three sessions will be conducted on
Saturday the 19th, and if required the remaining ones on Sunday, February
20th. In the unlikely event
that the number of applicants exceeds 20 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 candidates with the Board Members and Clinical Examiners arriving at the
McKimmon Center at 4 P.M. on Friday, February 18, 2011 with
departures no later than 3 P.M. on Sunday afternoon, February 20, 2011. On a
motion by Dr. Cook seconded by Dr. Anderson and carried unanimously the
Executive Director was authorized to select the Clinical Examiners from those who were at the Summer 2010 Examinations
and if necessary from those who have served previously as Examiners. Should it become necessary he may select one
or more Examiners from those individuals who have appeared as observers at a
previous examination. Preference is to be given to Drs. Lee McPherson and James
Williams. Finally, following brief
discussions the Executive Director was authorized to proceed with plans for a
two day examination schedule with arrivals by the Board and the Clinical
Examiners at the McKimmon Center in Raleigh on Friday, February 18th
, 2011 at 4:00 P.M.
Meeting To Determine the Winter 2011 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. A
polling of the Board Members resulted in the week-end of March 25 - 26, 2011 being designated as the
dates for Board to meet to determine the results of the Winter 2011
Clinical/Practicum Examinations. Members were requested to review their calendars upon returning
home in order to avoid conflicts with these dates.
Date To Review Examination Results. The date established for those applicants
who might not be successful in passing the Winter 2011 examinations to review
their results with representatives of the Board is will be Wednesday, April 20,
2011. The President will appoint the Board Member on the Examination Review
Committee at the time of the start of the Winter 2011 Examinations.
At 11:50 A.M. the meeting was recessed until the
time certain of 2:30 P.M. when the Board will conduct a Public Hearing on the
Petition of Dr. James B. Black for the restoration of his license to practice
optometry.
Public Hearing. Precisely at the hour of 2:30 P.M. the President of the North
Carolina State Board of Examiners in Optometry, Dr. Michael Clark, called to
order a “specially called meeting”, the
purpose of which was a “Public Hearing” on the request of James B. Black, O.D.,
for restoration of his license to practice optometry. All Members of the Board were present, as was Dr. Black. Also present was Dr. John Robinson, the
Board’s Executive Director. The Board’s
attorney, Mr. Johnny Loper, represented the Board. Alvin W. “Whit” Powell represented Dr. Black. James A. Wilson served as special counsel to
the Board and hearing advisor to the Board’s President.
The meeting having been called to order, the Board
President, Dr. Michael Clark reminded the Members of the Board of their
responsibility to read and follow “Ethics
and Conflict of Interest Reminder” prepared by the North Carolina State
Ethics Commission, a copy of which was in each Member’s possession. The only business before the Board was Dr.
Black’s hearing, which was conducted pursuant to section 90-121.4 and Article
3A of Chapter 150B of the General Statutes.
A verbatim transcript of the proceedings was prepared by Taura J.
Hamilton, CSR, RPR whose services had been engaged by the Board for that
purpose.
At the conclusion of the formal hearing the Board
went into closed session for the purpose of deciding the matter. On
returning to open session the Board made public its decision to restore
Dr. Black’s license contingent upon certain terms and conditions, said terms
and conditions to be set forth in an Order to be entered establishing the
Board’s decision in this matter. A copy
of the Order shall be a part of these minutes (a copy of the Order is on file
with the Board).
Dr. Clark recessed the meeting at 4:20 P.M. on November 11, 2010. The time remaining in Asheville was devoted
to attending and participating in the orientation sessions for the new
licensees and in monitoring the continuing education program at the Fall
Educational Congress of the North Carolina State Optometric Society. Adjournment was at noon on Sunday, November
14, 2010.
The next meeting of the Board to conduct the Winter
2011 Clinical/Practicum Examinations and for other purposes will be in Raleigh,
N.C. at the Jane McKimmon Center beginning at 4:00 P.M. on Friday, February 18,
2011. Adjournment will depend on the number
of applicants but is anticipated to be no later than 3:00 P.M. on Sunday, February
20, 2011.
Approved 02/18/2011
Raleigh, NC