Minutes of the North Carolina State Board of Optometry
Winter Exams
February 6-8, 2020
Holiday Inn; Jane McKimmon Center -North Carolina State University
Raleigh, North Carolina
The North Carolina State Board of Examiners in Optometry met on February 6, 2020 in the Wolfpack Boardroom of the Holiday Inn Express for a long-range planning meeting.. Present were Dr. Scott Philippe, President, Dr. Jerry Ellington, Secretary-Treasurer, Drs. Mike Johnson, Michael Haines, Charles Sikes, Mrs. Susan Watson, and Mr. James Raynor, Members of the Board; Dr. Andrew Cook, past Board member, and Dr. William Rafferty, Executive Director.
Meeting of the Board.
At 10:00 a.m. on February 6, 2020 the President called the meeting of the Board to order after which he read the conflict of interest statement, as required by the State Board of Ethics.
The Board conducted discussions regarding short and long-range planning on the following topics:
As a result of these discussions, the following motions were made:
The Board meeting was reconvened at 9:20 a.m. at the Jane McKimmon Center on the campus of North Carolina State University in Raleigh, North Carolina on Friday, February 7 through Saturday, February 8, 2020 to conduct the Board’s Winter 2020 examinations and for other purposes. Present were Dr. Scott Philippe, President, Dr. Jerry Ellington, Secretary-Treasurer, Drs. Mike Johnson, Michael Haines, Charles Sikes, 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. Present as Clinical Examiners were Drs. Kenny Bumgarner, Jamie Casper, Ania Hamp, Melanie Denton, David King, Maggie Metwalli, Mark Newman, Lee McPherson, Brett Munn, and Samantha Ward.
Approval of Minutes.
On a motion by Mr. Raynor, seconded by Dr. Haines, and carried unanimously the Minutes of the November 7-10, 2019 meeting in Charlotte were approved.
Report of the President.
Dr. Philippe stated that he had no formal report but that he would comment on items as the Board moved through its agenda. On a motion by Dr. Sikes, seconded by Mr. Raynor, and carried unanimously, the report of the President was accepted.
Report of the Secretary/Treasurer.
Dr. Ellington reviewed the Budget Report
He announced that the personal vehicle travel reimbursement, related to official Board business was adjusted to $0.575 per mile for 2020. 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 Dr. Johnson and seconded by Dr. Sikes, the motion carried unanimously to accept the report of the Secretary/Treasurer.
Report of the Investment Committee (Committee members: Mr. Raynor, Dr. Ellington and Dr. Rafferty) Mr Raynor reviewed our current investments and investment strategies. The President asked the Committee to develop an Investment Policy consistent with the Board’s investment strategies to be reviewed and discussed at our upcoming Annual Meeting in Myrtle Beach, SC in June, 2020. After discussion, a motion was made by Dr. Sikes, seconded by Dr. Haines, to accept the report of the Investment Committee. The motion passed unanimously.
Report of the Executive Director
Dr. Rafferty reviewed the following items and issues:
A motion was made by Mrs. Watson, seconded by Dr. Haines, and passed unanimously to accept the report of the Executive Director.
Following the Executive Director’s Report, a motion was made by Dr. Ellington, seconded by Dr. Haines and passed unanimously for the Board to downsize the Wallace Office considering the concept of a virtual office. Incorporated in this transition is the acquisition of a voice over IP phone system and post office mail box. IT advancements have allowed for this cost saving measure. The staff will develop a plan of action and timeline to make this transition possible, preserving all aspects of the integrity of the Board’s operations and responsibilities.
Additionally, the President formed a Committee composed of Dr. Sikes, Mrs. Watson and Dr. Rafferty to review the Office Policy Manual in conjunction with this transition.
Session with Board Attorney.
At 11:00 a.m., the Board’s attorney Mr. Loper joined the meeting. On a motion by Dr. Ellington and seconded by Mr. Raynor, the Board voted unanimously to go into closed session in accordance with GS 143-318.11 (1) and (3) and GS 90-121.5. The purpose of the closed session was for Mr. Loper to provide updates, counsel, and advice to the Board on the status and possible resolution of current investigations and/or ongoing disciplinary matters, and to discuss one potential matter as to which the Board has sought the advice of counsel which could involve action by the Board to stop illegal activity by entities not licensed by the Board.
Mr. Loper, on behalf of the respective Investigation Committees, presented the Board with documents that such Committees were recommending to the Board to resolve three investigations: one private letter of concern, one public letter of concern regarding Dustan C. Martin, O.D., and a Consent Order regarding Ahmed. H. Said, O.D. Mr. Loper and the respective Committee members presented these documents, explained their reasoning for recommending the documents, and fielded and responded to questions from the other Board members. Since Board Member Michael Johnson, O.D., is employed by the same optometric group as Dr. Martin, Dr. Johnson recused himself from any consideration of Dr. Martin’s case.
Mr. Loper also discussed further developments in a case in which a licensee is in violation of a private letter of concern that licensee entered with the Board, discussed the Board’s options in response, and answered questions from the Board.
Mr. Loper also reviewed with the Board the fact situation involving possible illegal activity by entities not licensed by the Board, discussed the legal options that might be taken, and answered questions from the Board.
Mr. Loper also briefly reviewed the provisions of GS 93B-6, which generally prohibits “lobbying” by the Board, and whether such would apply to certain specific fact situations, in response to a question from a Board member.
On a motion by Mr. Raynor and seconded by Mrs. Watson, the Board voted unanimously to return to open session. No motions were made and no votes were taken on these investigation/disciplinary matters while in closed session.
On motion by Dr. Ellington and seconded by Dr. Sikes, the Board voted unanimously to approve the proposed Consent Order and to present such Consent Order to Ahmed H. Said, O.D., and his counsel for acceptance or rejection.
On motion by Dr. Sikes and seconded by Dr. Ellington, the Board voted unanimously to approve the proposed private letter of concern (not a public record subject to G.S. 90-121.2(a) and 90-121.5)).
On motion by Dr. Ellington and seconded by Mr. Raynor, the Board voted to approve the proposed public letter of concern to Dustan Martin, O.D., as previously executed by Dr. Martin. Board member Michael Johnson, O.D., recused himself from consideration of this matter and abstained in the vote; all other members voted in favor of accepting the proposed public letter of concern.
On motion by Dr. Ellington and seconded by Dr. Sikes, the Board voted to instruct the Board attorney to respond to the licensee who has breached the terms of his private letter of concern by laying out the terms under which monies owed to the Board are to be paid, and if such payment plan is not strictly adhered to, the Board will issue a notice of hearing as to why the licensee’s license should not be suspended or revoked. (Not a public record subject to G.S. 90-121.2(a) and 90-121.5)).
Clinical Examiners Honorariums.
On a motion by Dr. Johnson, seconded by Dr. Ellington, and carried unanimously the Board approved an honorarium for each of the Clinical Examiners in the amount of $600.00 and 2 hours certified continuing education credit, in addition to reimbursement for their meals and travel expenses for their participation in the Winter 2020 Clinical Examination.
Clinical Examiners Orientation and Stations Set-Up.
Dr. Rafferty conducted an orientation with the Board and Clinical Examiners reviewing responsibilities and roles of all involved in the examination process.
All stations were set up by Board staff in preparation for the first session on Saturday morning.
Clinical/Practicum Examinations.
The first examination session began promptly as scheduled on Saturday morning, February 8, 2020, at 7:35 A.M. and the final session concluded on Saturday afternoon, at 6:45 p.m.
Next meeting of the Board; Adjournment.
The next meeting of the Board for the purpose of reviewing the results of the Winter 2020 examinations and for other purposes will be held via video conferencing on Monday, February 17, 2020 beginning at 7:00 p.m.
At the conclusion of the last examination session, there being no further business to come before the Board, the meeting was adjourned.