Minutes of the North Carolina State Board of Examiners in Optometry                                                        

May 16, 2024                                                                        

Video Conference Meeting                                                                                      

The North Carolina State Board of Examiners in Optometry met by video conference on Thursday, May 7, 2024. The purpose of the meeting was to adopt proposed Rule amendments.  Board members participating in the call were Dr. Charles Sikes, President; Dr. Scott Philippe, Secretary-Treasurer; Drs. Jerry Ellington, Mollie Glenn, 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. Sikes, the Board President, called the meeting to order at 7:02 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 Dr. Philippe and seconded by Dr. Ellington, the Minutes of the May 7, 2024 video conference meeting were unanimously approved.

Closed Session.

On a motion by Dr. Philippe 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.

Mr. Loper presented an update on the status of 21 NCAC 42D .0102 before the Rules Review Commission.  Mr. Loper explained that the Board received public comments during the Rule’s comment period from four entities: ATA Action; National Association of Retail Optical Companies; North Carolina Retail Merchants Association; and Warby Parker.  He and Board Staff working on the revision of this rule suggested that certain language/provisions be added to the rule to respond to those public comments which Board Staff and Mr. Loper believed had merit and which would not adversely affect the ability of optometrists to practice safely.  Mr. Loper and Board Staff presented the Board with an updated proposed version of the rule incorporating language addressing those comments Board Staff believed had merit.  Mr. Loper responded to questions from the Board on the proposed changes in light of the Board’s mandate to assure that the Board’s licensees provide optometric care that complies with the Optometry Act, Board Rules, and the appropriate standard of care.

On a motion by Dr. Ellington and seconded by Dr. Philippe, 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.

On motion by Dr. Phillipe, seconded by Dr. Ellington, the Board voted to accept the recommendation of Board Staff and the Board’s attorney regarding revisions to the proposed amendment of 21 NCAC 42D .0102, and instructed staff to submit the revised rule to the Rules Review Commission for consideration and approval.

Annual Meeting:

The Annual Meeting of the Board is scheduled for June 6, 2024, beginning at 8:30 a.m.  It will be held in conjunction with the Spring Congress of the North Carolina Optometric Society in Myrtle Beach, SC.

Adjourn:

On a motion by Dr. Philippe and seconded by Dr. Glenn, the Board voted unanimously to adjourn at 7:41 p.m.

APPROVED 6/6/2024