Idaho State Board of Optometry
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Minutes of February 22, 2008

            ROLL CALL:              Daniel Tiller, Board Chair
                                                Michael Flandro, Board Member
                                                Donald James, Board Member
                                                Jack Zarybnisky, Board Member
                                                Frank Barnhart, Board Member

     

    BUREAU STAFF:               Tana Cory, Bureau Chief

Roger Hales, Administrative Attorney

Dave Hotchkiss, Investigations Coordinator

Emily Mac Master, Deputy Attorney General
Carrie Gilstrap, Secretary


OTHERS PRESENT:               Randy Lee, O.D.


Roll Call established attendance at 8:45 a.m. MST


MINUTES OF OCTOBER 26, 2007; NOVEMBER 21, 2007; FEBRUARY 7, 2008


A motion was made by Dr. James to approve all three sets of minutes as written. Seconded by Dr. Flandro, motion carried.


FINANCIAL REPORT


Ms. Cory presented the financial report to the members of the Board.


INVESTIGATIVE REPORT


Mr. Hotchkiss presented the investigative report to the members of the Board.

I-OPT-2004-7 A motion was made by Dr. Flandro to approve the Bureauís recommendation and authorize closure. Seconded by Dr. Barnhart, motion carried.

 

 

OPT-2008-2 Ms. MacMaster presented a memorandum to the members of the Board regarding OPT-2008-2. A motion was made by Dr. James to issue a cease and desist letter to the respondent regarding their actions of misleading advertising. Seconded by Dr. Zarybnisky, motion carried. Dr. James added he thinks this would be a good issue to discuss with the Idaho Optometric Association.


Discussion was held regarding the public posting of disciplinary actions against licensees. It was stated by Mr. Hales that this is a matter of public record.


Dr. Tiller stated there is a new federal law which requires an optometrist to provide the patient with their prescription. Dr. Zarybnisky distributed to the Board a fact sheet on the release of prescriptions for eyeglasses and contact lenses. Mr. Hales stated he can work on drafting a similar letter to be sent to licensed optometrists.


LETTER REGARDING THE REIMBURSEMENT OF SCANNING LASERS


Mr. Hales stated he has some concerns with Idaho Code 54-1501 where it states the practice of optometry shall not include the use of lasers.


A motion was made by Dr. James to draft a letter to licensees that it is the Boardís opinion that diagnostic lasers are within an optometristís scope of practice. Seconded by Dr. Flandro, motion carried.


CPT CODES

 

The Board discussed CPT code 68-440 to respond to an inquiry submitted by a licensed optometrist as to whether or not this is within their scope of practice. Dr. James stated if they have had the proper training, he feels this would be appropriate. Mr. Hales stated the law needs to support their ability to perform these procedures.


Mr. Hales suggested the Board respond to this inquiry regarding the use of scanning lasers by requesting additional information as to the questionerís training in performing this particular procedure.


A motion was made by Dr. James suggesting the Board send a letter to include information on the statute with regards to the definition of practice in Optometry in Idaho Code 54-1501. Further, if the licensee feels that it falls within the scope, the definition of superficial treatments, and that it is for the safety of the public and to ensure he is  properly trained to perform this procedure. Seconded by Dr. Barnhart. After further discussion, Dr. James withdrew his motion.


Dr. Barnhart stated he does not feel as though the Board should ask about training. Dr. James suggested the Board send a letter letting the licensee know the Board is struggling with this issue.


A motion was made by Dr. Barnhart to send a letter to the licensee, Dr. Sanderson, asking him to explain why he thinks the procedure is within the scope of practice. Dr. James seconded. Dr. Flandro abstained from voting, motion carried.     


PRESENTATION FROM DR. RANDY LEE

 

Dr. Lee approached the members of the Board. He stated he has concerns over the recent letter dated February 13, 2008 in regards to optometric CPT codes. He added that he has had experience with listing medicines and doesnít believe it should be done. Dr. Lee stated he doesnít feel that an optometrist will perform procedures they are not qualified to do, and that there is not a problem with the current language in the law.


Dr. Lee stated it would be inappropriate for the Board, on an individual basis, to ask a licensed optometrist if a procedure is appropriate; adding it could delay treatment to a patient. Dr. Lee also stated he feels this letter sent regarding CPT codes should be rescinded.


Dr. James explained there has been several different opinions regarding this letter and what its content should be. Dr. James also added he received input from the Association stating that they wanted specific codes listed in the letter. He stated the Board and the Association should work together and communicate with one another.


Dr. Tiller explained the history of the letter and what the intent of the letter was. He believes the CPT codes should be defined as taught.


A motion was made by Dr. Barnhart to withdraw the motion previously made to send a letter to Dr. Sanderson. Seconded by Dr. James, motion carried.


The Board discussed getting a second opinion regarding the CPT code letter from another attorney.

A motion was made by Dr. Zarybnisky to ask a representative from the Attorney Generalís Office to take a look at the interpretation of their current law, in particular their scope of practice. Seconded by Dr. Flandro, motion carried.

A motion was made by Dr. Barnhart to respond to Dr. Sandersonís letter regarding the use of scanning lasers stating the Board is reviewing his request and will be making a determination during the next regularly scheduled meeting. Seconded by Dr. Flandro, motion carried.


The Board discussed encouraging Association members and others to be in attendance during their meetings.

Dr. Tiller requested the secretary send the Associationís Executive Director with an invitation from the Board inviting any members of the Association to attend a Board meeting and in addition, if there are any concerns, please let the Board know.   


POSSIBLE RULE CHANGE REGARDING PLANO LENSES


The Board discussed Rule 400 where it addresses plano lenses. This falls within the optometristís scope, therefore follow up is not needed.  


NBEO LETTER REGARDING POTENTIAL EXAMINERS


A motion was made by Dr. James to approve the three candidates submitted by the National Board of Examiners in Optometry (NBEO) to serve as examiners in approving continuing education courses. Seconded by Dr. Zarybnisky, motion carried.


2008 ANNUAL ARBO MEMBERSHIP DUES


A motion was made by Dr. Flandro to approve the annual Association of Regulatory Boards of Optometry (ARBO) membership dues. Seconded by Dr. Zarybnisky, motion carried.


REQUEST FROM ODP-100058 FOR A CONTIUING EDUCATION WAIVER


The Board requested this licensee send a letter of the continuing education classes he has taken for his renewal.


EXECUTIVE SESSION


A motion was made by Dr. Flandro to enter into executive session to discuss potential legal matters with counsel as per Idaho Code 67-2345.1(f). Seconded by Dr. James. Vote: Dr. Tiller, aye; Dr. Flandro, aye; Dr. Barnhart, aye; Dr. James, aye; and Dr. Zarybnisky, aye. Motion carried.

 

A motion was made by Dr. Flandro to come out of executive session. Seconded by Dr. James. Vote: Dr. Tiller, aye; Dr. Flandro, aye; Dr. Barnhart, aye; Dr. James, aye; and Dr. Zarybnisky, aye. Motion carried.

 

The next meeting is scheduled for May 30th at 8:45 a.m.

 

A motion was made by Dr. Flandro to adjourn the meeting at 12:15 p.m. Seconded by Dr. Zarybnisky, motion carried.