Minutes of the North Carolina State Board of Optometry
February 10-12, 2017
Jane McKimmon Center -North Carolina State University
Raleigh, North Carolina
The North Carolina State Board of Examiners in Optometry met at the Jane McKimmon Center on the campus of North Carolina State University in Raleigh, North Carolina on Friday, February 10 through Sunday, February 12, 2017 to conduct the Board’s Winter 2017 examinations and for other purposes. Present were Dr. Michael Johnson, President; Dr. Andy Cook, Secretary-Treasurer; Drs. Scott Philippe, Jerry Ellington, Michael Haines, Mrs. Susan Watson, and Mr. James Raynor, Members of the Board; Dr. William Rafferty, Executive Director; Mr. Johnny Loper, Board Attorney; Mrs. Janice Peterson, Executive Administrator; and Mrs. Samantha Hardison, Administrative Coordinator. Also present were Dr. Brett Foley of Alpine Testing Solutions, Dr. Jill Bryant, President of the N. C. Optometric Society; Dr. Jamie Casper, Past President of the NCOS; and Ms. Adrianne Drollette, Executive Director of the NCOS. Present as Clinical Examiners were Drs. Kenny Bumgarner, Michael Carstens, Jamie Casper, Ania Hamp, David King, Lee McPherson, Brett Munn, John Miller, Sandra Schrader-Moore, and Samantha Ward.
Meeting of the Board.
At 10:06 A.M. the President called the meeting of the Board to order after which he read from the ‘conflict of interest statement’, as required by the State Board of Ethics. The meeting was then turned over to Mr. Johnny Loper, the Board attorney.
Mr. Loper conducted a training session for the Board and Board staff. The subject matter of that training consisted of instruction by Mr. Loper on the topics required by G.S. 93B-5:
1. The Administrative Procedures Act;
2. The Public Records Act;
3. The Open Meetings Act;
4. The State Tort Claims Act and The Defense of State Employees Law;
5. The State Government Ethics Act; and,
Mr. Loper also provided a briefing on the background and holdings of the North Carolina Dental Board vs. Federal Trade Commission case from the United States Supreme Court, and the possible implications of that decision on Board business such as licensing, discipline, contacts and communications with non-optometrists regarding the unlawful practice of optometry, and similar issues. The session lasted over two hours and was interactive, with Mr. Loper responding to questions and providing clarification in response to inquiries from Board members and Board staff.
Mr. Loper provided Board and Board staff with a detailed outline of his presentation (updated from his last training session for the Board and staff held on August 29, 2015) for reference.
Approval of Minutes.
On a motion by Dr. Cook, seconded by Dr. Philippe, and carried unanimously the Minutes of the November 10-13, 2016 meeting in Asheville were approved.
Report of the President.
Dr. Johnson mentioned that he, Mr. Loper (Board Attorney) and Dr. Rafferty (Executive Director) met with parties interested in discussing reasons for the declining applicant pool to take the NC Clinical Exam. He described the meeting as productive and beneficial in that useful information and dialog was exchanged by all parties. He mentioned that we would continue this dialog in the future.
Dr. Johnson stated he would comment on items as the Board moved through its agenda. On a motion by Dr. Ellington seconded by Dr. Cook, the report of the President was unanimously accepted.
Report of the Secretary/Treasurer.
Dr. Cook reviewed the Budget Report dated 07/01/16 thru 02/06/17.
He announced that the personal vehicle travel reimbursement, related to official Board business was adjusted to $0.535 per mile for 2017. This adjustment was consistent with federal guidelines.
After addressing specific questions from members of the Board by the Secretary /Treasurer and the Board staff, on a motion by Mr. Raynor, seconded by Dr. Philippe, the motion carried unanimously to accept the report of the Secretary/Treasurer.
Report of the Executive Director.
Dr. Rafferty thanked the Board and other staff for their kind thoughts and sentiments regarding the recent passing of his mother.
Dr. Rafferty echoed Dr. Johnson’s comments about the meeting held in Raleigh with parties concerned about the declining applicant pool to take the North Carolina Clinical Exam. Many reasons were exchanged including not having a North Carolina Optometry School and termination of NC subsidized contracts for decreased tuition for NC residents to attend schools outside of the state. It was also suggested that several other states’ scopes of practice now approach or exceed North Carolina’s scope of practice, and this was felt to be a limiting factor in attracting recent graduates to our state.
Dr. Rafferty also mentioned he was getting more and more questions regarding Internet sale of contact lenses and issues surrounding telemedicine.
Dr. Rafferty then introduced Dr. Brett Foley from Alpine Testing Solutions and that he was here to observe our examination. Dr. Foley further introduced himself as a psychometrician and explained the role of psychometrics in the exam development and delivery process. Dr. Rafferty explained the plan was to convene the Examination Development Committee in April 2017 and have Dr. Foley involved in process as future changes are made to the examination. A motion was made to approve the Examination Development Committee meeting in the Spring 2017 including participation of Dr, Foley, Mr. Lowe, Board staff, two clinical examiners and a Board Member Liaison. The motion was made by Dr. Philippe, seconded by Dr. Cook and passed unanimously.
Dr. Rafferty also discussed, that on a recommendation of the Board’s counsel (Mr. Loper), instead of developing a “Policy on Reinstatement of a Revoked Licence”, the Board should consider propagating this as a “Rule” as it was substantive to the Board’s responsibility of public protection. A motion was made by Dr. Philippi, seconded by Dr. Cook to direct Dr. Rafferty to work with Mr. Loper to make this an initiative for 2017. The motion passed unanimously.
A motion was then made by Dr. Haines, seconded by Mr. Raynor and passed unanimously to accept the report of the Executive Director.
Meeting with NC Optometric Society
Dr. Jill Bryant, President; Dr. Jamie Casper, Past President and Ms. Adrianne Drollette, Executive Director
The Society is invited to each meeting of the Board to discuss issues of common interest to both groups. The primary discussion again centered around State and District continuing education Programs and the Board’s continuing education requirements for Maintenance of Licensure. The Society also mentioned HB 36. The Board and Society agreed that should this legislation become law, the Board would implement a high level of credentialing standards and that no optometrist would be permitted to do any procedure(s), technique(s) or treatment(s) until they complete all aspects of the credentialing process including demonstrated clinical proficiency in any procedure, technique or treatment desired to perform.
Legal and Legislative Update.
Motion made by Dr. Ellington, seconded by Dr. Haines and passed unanimously to go into Executive Session to discuss updates regarding ongoing investigations and other legal issues of importance to the Board. Following these discussions, a motion made by Dr. Cook, seconded by Mr. Raynor and passed unanimously to come out of executive session.
The following motion was made by Dr. Philippe, seconded by Dr. Ellington and passed unanimously: “Instruct Mr. Loper (Board’s counsel) to draft a letter, speaking to the Board’s responsibility of public protection, it’s intention to develop and implement appropriate credentialing standards should optometry’s scope of practice as defined in GS 90-114 be expanded in the future.”
Mr. Loper recommended that the Board appoint an “Ethics Liaison”. A motion made by Dr. Philippe, seconded by Mr. Raynor and passed unanimously to appoint Dr. Rafferty to fulfill the duties of this role.
Mr. Loper also indicated that he had received an invitation from the Medical Board for he and/or someone from the Board or Board staff to attend a full day seminar on “How to Investigate Sexual Impropriety Cases”. Mr. Loper indicated he was on vacation that week so could not attend. He recommended Dr. Rafferty attend representing the Board. A motion to that effect was made by Dr. Philippe, seconded by Dr. Cook and passed unanimously.
On a motion by Dr. Philippe, seconded by Dr. Cook, and carried unanimously the following licenses have not been renewed since 12/31/2015; and, therefore, were declared to have expired due to non-payment of the 2016 license renewal fees:
- Dale Garland, O.D. #0996
- Charles Kinney, O.D. #1074
- Summer Lara, O.D. #2289
- Derek Scott Maroun, O.D. #1766
- Bobby Wayne Wood, O.D. #1519
Background Checks for New Applicants applying to take the Board and for Licensed Optometrists seeking to renew their License Annually.
After legal review by the Board’s counsel (Mr. Loper) it was determined the Board would need to obtain statutory authority to implement such a standard. Going forward, the Board will consider the appropriate time to initiate this objective.
Clinical Examiners Honorariums.
On a motion by Dr. Cook, seconded by Dr. Philippe, and carried unanimously the Board approved an honorarium for each of the Clinical Examiners in the amount of $ 800.00, in addition to reimbursement for their meals and travel expenses for their participation in the Winter 2017 Clinical Examination.
Examination Review for any Unsuccessful Candidate(s).
Drs. Scott Philippe and William Rafferty will conduct the examination review(s) for any unsuccessful candidate(s). A candidate must submit a request in writing for a review within two weeks after the announcement of the exam results. The review will take place at a time and place to be determined once requests are received.
Clinical Examiners Orientation and Stations Set-Up.
Dr. Rafferty conducted an orientation with the Board and Clinical Examiners regarding roles of each in the examination process.
Ms. Peterson (Executive Administrator) and Ms. Hardison (Administrative Coordinator) conducted a review and update of the examination schedule.
Richard Low (Topsail Technologies) reviewed the Case Development Program and answer any questions posed by the clinical examiners.
All stations were set up by Board staff in preparation for the first session on Saturday morning.
The first examination session began promptly as scheduled on Saturday morning, February 11, 2017, at 7:45 A.M. and the final session concluded on Sunday morning, February 12, 2017 at 10:40 A.M. All candidates whose applications had been approved appeared for examination over the two-day period.
Next meeting of the Board; Adjournment.
The next meeting of the Board for the purpose of reviewing the results of the Winter 2017 examinations and for other purposes will be held via video conferencing on Saturday, February 25, 2017.
At the conclusion of the last examination session, there being no further business to come before the Board, the meeting was adjourned.