North Carolina State Board of Examiners in Optometry
July 26-29, 2018
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, 26-29, 2018 for the purposes of conducting the Summer 2018 Clinical/Practicum Examinations, meeting with its Clinical Examiners, to receive a legal update, to review complaints, and for other purposes.
Present were, Dr. Andy Cook, President, Dr. Scott Philippe, Secretary-Treasurer, Drs. Jerry Ellington, Michael Haines, Michael Johnson, Mrs. Susan Watson and Mr. James Raynor, members of the Board, William Rafferty, Executive Director, Janice K. Peterson, Executive Administrator and Mrs. Samantha Hardison, Administrative Coordinator. Clinical Examiners were: Drs. Kenny Bumgarner, Jamie Casper, Melanie Denton, Ania Hamp, Ann Hoscheit, Lee McPherson, Maggie Metwalli, John Miller, Sandra Schrader-Moore, and Samantha Ward. Thirty-three candidates appeared for the Summer 2018 Clinical/Practicum Examination.
Call to Order. At 8:30 a.m. on Thursday, July 26, 2018, the meeting was called to order by the President, Dr. Andy Cook, who read the Conflict of Interest (COI) 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 on the intranet of the Board Meeting Agenda. No COI,s were recorded at this time.
Approval of Agenda. On a motion by Dr. Johnson, seconded by Dr. Philippe, and carried unanimously, the Agenda was approved without modification.
Approval of Minutes. Dr. Cook asked if there were any corrections to the Minutes of the Annual Meeting on June 7-10, 2018.
On a motion by Dr. Philippe, seconded by Dr. Haines, and carried unanimously, the Minutes of the June 7-10, 2018 meeting were approved.
Report of the President. Dr. Cook did not have a formal report but stated he will reserve his comments as we proceed through the agenda. On a motion made by Dr. Philippe, seconded by Mr. Raynor, and carried unanimously, the report of the President was accepted.
Report of the Secretary Treasurer. Dr. Philippe, Secretary-Treasurer, presented the report that covered the period beginning 07/01/18. Dr. Philippe reported that since the Board was slightly less than one month into its fiscal year at the time the 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 report, a motion was made by Mr. Raynor, seconded by Mrs. Watson, and carried unanimously that the report of the Secretary-Treasurer was accepted.
Report Of the Executive Director - Dr. Rafferty discussed the military licensure law with the Board. He mentioned he had embedded several action items into the agenda and would discuss those items when they came up. On a motion made by Dr. Johnson, seconded by Dr. Haines and carried unanimously, .
CE Policy - The Board discussed its Continuing Education (CE) Policy. The following motions were passed:
Motion 1): On a motion made by Dr. Phillippe, seconded by Dr. Johnson and carried unanimously (Dr. Haines recusing) , the Board voted to extend the current exemption requiring all CE for license renewal be COPE accredited to the NC District Optometric Societies for one more year (2019 calendar year). The motion included the requirement that the NC State Society develop a CE Policy adhering to the COPE standards that its District Societies would attest they followed for all non COPE accredited CE.
Motion 2): On a motion made by Dr. Ellington, seconded by Dr. Phillippe and carried unanimously, the Board voted to continue its Policy of allowing 12 hours of Certified CE for an OD taking the CPDO given by the National Board of Examiners in Optometry (NBEO). However, an OD can only be granted CE for this self-assessment once every three years.
Motion 2): On a motion made by Dr. Ellington, seconded by Dr. Phillippe and carried unanimously, the Board voted to increase CE to 1 hour of “certified credit” for each day or portion of each day a clinical examiner delivers their prepared clinical cases at the NCSBEO’s Clinical Practicum Examination.
Preceptorship Board Rule: (21 NCAC 42M .0101-.0106) The Board directed Dr Rafferty working with Mr. Loper to write a letter to all Schools and Colleges of Optometry informing them of their reporting requirements to our Board for any NC Preceptorships. The letter should also outline Preceptor (NC optometrist training directors) and Preceptees (students) reporting requirements.
Opioid Course requirement: a course designed for NC licensed optometrists to make them aware of their responsibilities for opioid prescribing and management of patients taking opioid medications. This course will be required to be taken in 2019 (calendar year) for the 2020 license renewal cycle. The Board instructed Dr. Rafferty to approve both an on-line and one or more live courses. The course or courses must be a minimum of one hour with an examination for all on-live courses. On a motion made by Dr. Johnson, seconded by Dr. Phillippe and carried unanimously, the Board approved the above CE requirement.
Investigative Committee Funding: On a motion made by Dr. Ellington, seconded by Dr. Phillippe and carried unanimously, the Board approved compensation up to $750 per day for consultants for investigative purposes.
Future Examination Dates:
On a motion made by Dr. Ellington, seconded by Dr. Johnson and carried unanimously, the Board voted to approve the examination dates as outlined below:
Legal Update with Board Attorney
Mr. Johnny Loper, attorney for the Board, met to provide counsel and advice to the Board on relevant legal matters:
On a motion by Dr. Johnson, seconded by Mr. Raynor, and carried unanimously the Board went into closed session pursuant to N.C.G.S. 143-318.11 (1), (3), and (6).
During closed session Mr. Loper provided a legal update to the Board. Also, in closed session, staff evaluations and salaries were discussed.
On a motion by Dr. Haines, seconded by Mr. Raynor, and carried unanimously the Board returned to open session, with no action taken in the closed session.
The following motions were made after coming out of closed session:
1. On motion by Dr. Philippe and seconded by Dr.Ellington, the Board instructed Mr. Loper to draft an appropriate order finding (i) no probable cause exists to believe that the patient referred to in Dr. Burden’s presentation as having died as a result of alleged misdiagnosis and failure to appropriately refer was a North Carolina resident, and (ii) no probable cause to believe that the optometrist who allegedly treated that patient was or is an optometrist licensed by this Board, all as demonstrated by the facts and evidence of record and the reasonable inferences which may be drawn from those facts. The order should indicate that the Board is closing its investigation on this matter, and the order should be a public document, to the extent possible. The motion passed unanimously.
2. On motion by Ms. Watson and seconded by Dr. Johnson, the Board authorized Mr. Loper to draft an appropriate order, for signature by the Board President or Secretary-Treasurer, requiring production of patient files from an optometrist currently under investigation by a Board investigations committee due to HIPAA concerns raised to the committee by the optometrist’s attorney. The motion passed unanimously.
3. On motion by Dr. Philippe and seconded by Dr. Haines, the Board approved staff salaries and benefits for 2018-2019 fiscal year approving a 10% SEPS retirement contribution. These changes will be added to the 2018-2019 fiscal year Budget and the Budget is approved with this motion. The motion passed unanimously.
Meeting Dates to Determine the Summer 2018 Examination Results
The meeting to determine the results of the Summer 2018 Clinical/Practicum Examinations will be held via video conference beginning at 7:00 p.m. on Monday, August 13, 2018.
Clinical Examiners Honorarium & Travel Expenses
On a motion by Dr. Johnson, seconded by Dr. Haines, 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 2018 Examination:
Dr. Cook 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. Dates TBD.
Meeting with Clinical Examiners
The Board Members and Clinical Examiners met and Dr. Rafferty reviewed the examination format and the use of the software developed by Topsail Technologies.
Each Board Member and Clinical Examiner signed the appropriate “Guidelines” document, all of which will become part of the official Summer 2018 examination records.
Summer 2018 Clinical/Practicum Examinations
For the remainder of the time in Raleigh at the McKimmon Center, the Board and the Clinical Examiners conducted the Summer 2018 Clinical/Practicum Examinations for 33 candidates whose applications had been approved.
There being no further business, on a motion by Mr. Raynor, seconded by Dr. Philippe, and carried unanimously it was announced that the Board would officially adjourn at noon on Sunday, July 29, 2018. The next regularly scheduled meeting of the Board will be by video conference call beginning at 7:00 p.m. on Monday, August 13, 2018