Minutes of the North Carolina State Board of Examiners in Optometry                                                        

July 16, 2024                                                                        

Video Conference Meeting                                                                                      

The North Carolina State Board of Examiners in Optometry met by video conference on Tuesday, July 16, 2024. The purpose of the meeting was to adopt and  approve proposed Rules amendments and to receive a legal update from the Board’s attorney.  Board members participating in the call were Dr. Scott Philippe, President, Secretary-Treasurer, Dr. Michael Haines, Drs. Charles Sikes and Mollie Glenn, Mr. Harry Southerland, and Mrs. Emily Nicholson, members of the Board. Dr. William Rafferty, Executive Director, Mr. Johnny Loper, Board attorney, Samantha Goode, Administrative Director, and Janice Peterson, Administrative Associate,  were also in attendance.

Dr. Philippe, the Board President, called the meeting to order at 8:01 p.m. He then read the “ETHICS AWARENESS & CONFLICTS OF INTEREST REMINDER” as required by the North Carolina State Ethics Commission. A copy of the ”Reminder” was posted to the agenda so each member could review it. The board members reported no Conflicts of Interest.

Approval of Minutes. On a motion by Mrs. Nicholson and seconded by Dr. Sikes, the Minutes of the June 6-9, 2024 meeting were unanimously approved.

Report of Executive Director. - Dr. Rafferty

Rules Update

A motion was made by Dr. Glenn and seconded by Mr. Southerland to approve the proposed amendments to 21 NCAC 42B .0103 and submit the required filings to OAH. The motion was carried unanimously.

A motion was made by Dr. Sikes and seconded by Dr.  Glenn to adopt the proposed repeal to 21 NCAC 42J .0101 and submit the required filings to RRC. The motion was carried unanimously.

Exam update - ADA request        - A motion was made by Dr. Haines and seconded by Dr. Glenn to authorize the Executive Director to retain the services of an ADA consultant to evaluate the accommodations request made by a candidate.  The motion passed unanimously.

A motion was made by Dr. Sikes, seconded by Mr. Southerland  to accept the report of the Executive Director.  The motion passed unanimously.

Closed Session.

On a motion by Dr. Sikes and seconded by Dr. Glenn, the Board voted unanimously

to go into closed session in accordance with GS 143-318.11 (1) and (3). The purpose of the

closed session was for Mr. Loper to provide updates, counsel, and advice to the Board on one

matter involving the investigation of multiple optometrists.

Mr. Loper provided a general update on the matter under investigation. Without identifying the

ODs involved or discussing the facts otherwise, Mr. Loper informed the Board that, for the

purposes of planning, the Investigative Committee for this matter had to date been unable to

agree with counsel for the ODs under investigation on the terms of a consent order, and that it

appeared these matters might well go to a disciplinary hearing or hearings. Mr. Loper answered

questions from the Board about the disciplinary hearing process without reference to the specific

matters at issue.

On a motion by Dr. Sikes and seconded by Dr. Glenn, the Board voted unanimously to

return to open session. No motions were made and no votes were taken by the Board while in

closed session.

Adjourn:

On a motion by Dr. Glenn and seconded by Dr. Haines, the Board voted unanimously to adjourn at 8:39 p.m.

Approved 8/14/24