Minutes from July 28-31, 2016 Meeting

Minutes North Carolina State Board of Examiners in Optometry

July 28-31, 2016

Raleigh, NC                                    

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 July 28 - 31, 2016 for the purposes of conducting the Summer 2016 Clinical/Practicum Examinations, meeting with its Clinical Examiners and representatives of Topsail Technologies, to receive a legal update, to review complaints, and for other purposes. Present were Dr.  Michael Johnson, President, Dr. William Rafferty, Secretary-Treasurer, Drs.  Andrew Cook, Scott Philippe and Jerry Ellington, Mrs. Mary Richardson and Mr. Roger Mitchell, members of the Board, Janice K. Peterson, Administrative Secretary,  and Mrs. Samantha Hardison, Administrative Coordinator. Also present were Dr. Michael Clark, immediate Past President of the Board, and Dr. David Anderson, former Board member.  Mr. Richard Low and Nathan Cox were present from Topsail Technologies.  Clinical Examiners were:  Drs. Kenny Bumgarner, Jamie Casper, Ania Hamp, David King, Lee McPherson, John Miller, Brett Munn, Sandra Schrader-Moore, Mark Newman, and Samantha Ward.  Thirty candidates appeared for the Summer 2016 Clinical/Practicum Examination and one Military applicant seeking licensure.

Call to Order.   At 12:10 p.m. on Thursday, July 28, 2016, the meeting was called to order by the President, Dr. Michael Johnson, who read the Conflict of Interest reminder as required by the State Government Ethics Commission of all State Boards and Commissions at the beginning of the meetings, a copy of which was in each Member’s meeting notebook.  Before addressing the first item on the Agenda for the meeting, Dr. Johnson took a moment to welcome Dr. Jerry Ellington as the newest Board Member, replacing Dr. Michael Clark who had served two terms.

Approval of Minutes.   Dr. Johnson asked if there were any corrections to the Minutes of the June 9-12, 2016 Meeting,  the Annual Meeting on June 9, 2016, or the conference call meeting on July 6, 2016.

On a motion by Dr.  Philippe, seconded by Dr. Rafferty, and carried unanimously,  the Minutes of the June 9-12, 2016 meeting were approved.

On a motion by Dr. Cook, seconded by Mrs. Richardson, and carried unanimously the Minutes of the Annual Meeting on June 9, 2016, were approved.

On a motion by Dr. Philippe,  seconded by Dr. Cook, and carried unanimously the Minutes of the Conference Call Meeting on July 6, 2916 were approved.

 Report of the President.   Dr. Johnson did not have a formal report; instead he took the opportunity to remind the Board of a number of very serious and complicated issues that, in his opinion, present challenges to the Board and the profession over the term of his Presidency and his time on the Board.  Dr. Johnson stated he will reserve his comments as we proceed through the agenda; however, he asked that everyone refrain from individual conversations  which is somewhat disruptive, and stated that all will be recognized and given the opportunity to speak so that everyone will be able to hear and participate.

Report of the Secretary Treasurer. Dr. Rafferty, Secretary-Treasurer, presented the Budget Report that covered the period beginning 07/01/16.  Dr. Rafferty reported that since the Board was slightly less than one month into its fiscal year at the time the Budget Report was prepared, there was little for him to review with the Board at this time.  He did remind the Members that the Board’s income was derived mainly from licensing fees and that those fees do not arrive in significant amounts until the sixty day period following the mailing of the license renewal forms in October of each year. There being no questions from the Members of the Board concerning the Budget Report, a motion was made by Mr. Mitchell, seconded by Dr. Cook, and carried unanimously that the report of the Secretary-Treasurer was accepted.

Legal Update with Board Attorney

 Mr. Johnny Loper, attorney for the Board, met to provide counsel and advice to the Board on the following matters:

  • Update of status of proposed amendment to Board Rule 21 NCAC 42J .0101

  • Types of discipline the Board may impose, controlled by N.C.G.S. 90-121.2

  • Additional language added to the online complaint form and filing instructions that is accessible via the Board’s website

  • Approval of Cost Collection Worksheet for Civil Penalties, Fines and Forfeitures as submitted to the Office of State Budget and Management

  • Disclaimer to be included in all Board emails indicating that the correspondence is subject to the North Carolina Public Records Act

  • Recording/documentation of Board meetings

  • Background checks

  • “Kiosks” legislation and ongoing communication with the North Carolina State Optometric Society

  • D&O insurance


On a motion by Mr. Mitchell, seconded by Mrs. Richardson, and carried unanimously the Board went into Executive Session pursuant to N.C.G.S. 143-318.11 (1), (3), and (6) in order to hear additional information from Mr. Loper:


  • Proposed Consent Orders for two licensees

  • Proposed Amended Private Letter of Concern

  • Update of bankruptcy involving a licensee

  • Executive Director search update

Following the answering of questions from Members of the Board, on a motion by Mr. Mitchell, seconded by Mrs. Richardson, and carried unanimously the Board returned to open session.  No motions were made nor any vote taken while the Board was in closed session.  Once again in open session the following action was taken:

  • A motion was made by Dr. Philippe, seconded by Dr. Cook, and carried unanimously that the President execute the Consent Orders in the matters of Dr. Benjamin Hobbs and Dr. Samuel Hobbs

  • Dr. Philippe made a motion, seconded by Mr. Mitchell, and carried unanimously to approve the Amended Private Letter of Concern

  • A motion was made by Dr. Philippe and seconded by Mr. Mitchell that a letter be sent to Dr. Jill Bryant, President of the North Carolina State Optometric Society, regarding the possible necessity for an election to replace the unexpired term of a Board member.  The motion carried by a majority vote, with Dr. Rafferty abstaining from discussion or voting on this issue.

Topsail Technologies Update

Mr. Richard Low and Mr. Nathan Cox reviewed the status of the licensing development system and website, including a schedule of tasks and “go live planning”.

Report of ARBO Annual Meeting

Drs. Philippe and Rafferty reported on their attendance at the ARBO Annual Meeting held in Boston in June, and updated the Board members on many of the issues addressed during that meeting, some of which will be discussed later on the agenda.  Dr. Philippe strongly recommended that each new Board member would greatly benefit in attending the ARBO Annual Meeting.

Background Checks/ Criminal Records

After brief discussions regarding candidate/licensee/staff monitoring services and background/criminal records checks, Dr. Johnson appointed a committee of Dr. Philippe and Ms. Peterson to seek three companies offering such services, and report to the Board at its next meeting.

Psychometric Consulting Services

Dr. Rafferty reported on a proposal for psychometric consulting services submitted by Alpine Testing Solutions. After some discussion and since the Board members did not have time to adequately study the proposal, Dr. Johnson requested that this matter be placed on the agenda of the Board’s next meeting.

American Optometric Association’s research project

The meeting notebooks contained a letter from Daniel Carey, Director of State Government Relations of the American Optometric Association regarding a research project, and seeking input from the State Boards of Optometry.  Dr. Johnson appointed Dr. Rafferty/Philippe to work with Mr. Loper in formulating a reply on behalf of the Board.

Board Examinations Statistics

Dr. Johnson instructed this agenda item be postponed until the Board’s next meeting.

Report of the Continuing Education Committee

Dr. Rafferty updated the Board on the COPE approval process.

Meeting Dates to Determine the Summer 2016 Examination Results

The meeting to determine the results of the Summer 2016 Clinical/Practicum Examinations will be held in the Board’s office in Wallace beginning at 8:30 a.m. on Friday, August 19, 2016

Clinical Examiners Honorarium & Travel Expenses

Dr. Johnson informed the members that the federal reimbursable mileage rate for 2016 was set at $0.54 per mile, and the Board’s reimbursement rate would be set accordingly.

On a motion by Mr. Mitchell, seconded by Dr. Philippe, and carried unanimously the Board approved 5 days per-diem/honorarium, travel, and meal expenses for the Clinical Examiners.

Without objection the President declared that the Board Members receive 4 days per-diem, travel, and meal expenses for their attendance at this meeting.

Meeting Date for Candidates to Review their Results of the Summer 2016  Examination

The date for any candidates who fail the Summer 2016 examination to review their results will be decided when the Board meets in August.  Any candidates failing the examination will have the date of the review announced in the letter they receive announcing their results, along with instructions as to what they must do to schedule a time for the review.

Dr. Johnson appointed Drs. Rafferty and Philippe to serve as the Committee to review the results of the examination with candidates who fail the examination and who notify the Board office in a timely manner that they desire to do so.


Office Repairs

Dr. Johnson and Ms. Peterson reported on the repairs done by the landlord to the office building.  In view of the fact that the Board installed the carpet when they occupied the building 23 years ago, a motion was made by Mr. Mitchell, seconded by Dr. Cook and carried unanimously that the Board authorize the expenditure to replace the existing carpeting.

Purchase of Chromebooks

On a motion by Mr. Mitchell, seconded by Dr. Philippe, and carried unanimously the Board authorized the purchase of ChromeBooks for each of the Board Members.  Training will be held during the Board meeting on Friday, August 19th.

Meeting with Clinical Examiners and Representatives from Topsail Technologies

The Board Members and Clinical Examiners met with Richard Low and Nathan Cox from Topsail Technologies to review the examination format and the use of the software developed by Topsail Technologies, including use of the iPads that will be in each of the five stations.

Each Board Member and Clinical Examiner signed the appropriate “Guidelines” document, all of which will become part of the official Summer 2016 examination records.

Summer 2016 Clinical/Practicum Examinations

For the remainder of the time in Raleigh at the McKimmon Center, the Board and the Clinical Examiners conducted the Summer 2016 Clinical/Practicum Examinations for 30 candidates whose applications had been approved, and for 1 military applicant.  Drs. Rafferty, Miller and King served as the Committee assigned to represent the Board to review the credentials and question the military applicant’s knowledge and clinical skills, following which they will make recommendations to the Board as to whether this applicant should be licensed in this state.


There being no further business, on a motion by Dr. Cook, seconded by Mr. Mitchell, and carried unanimously it was announced that the Board would officially adjourned at noon on Sunday, July 31, 2016.  The next regularly scheduled meeting of the Board will be in Wallace in the Board office beginning at 8:30 a.m. on Friday, August 19, 2016.



August 19, 2016

Wallace, NC

Information is believed to be accurate but not guaranteed.

The State of North Carolina and the North Carolina State Board of Optometry disclaims liability for any errors or omissions.

To verify any information please contact:


North Carolina State Board of Optometry

109 North Graham Street Wallace, NC 28466


(910)-285-4546 Fax