IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 8/29/2008

 

 

 

BOARD MEMBERS PRESENT:  Rodney Lee White, O.D.

                                                             Francis Jerome Barnhart, O.D.

                                                             Donald Kenneth James, O.D.

                                                             Jack George Zarybnisky, O.D.

                                                             Michael R Flandro, O.D.                                                     

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Karl Klein, Deputy Attorney General

                                                            Roger Hales, Administrative Attorney

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Carrie Gilstrap, Technical Records Specialist

 

OTHERS PRESENT:                     Larry Benton

                                                            Bill Von Tagen

                                   

Meeting was called to order at 8:30 a.m. MDT.

 

ELECTION OF BOARD CHAIR

 

Discussion was held regarding the nominations for Board Chair. A motion was made by Dr. Zarybnisky to elect Dr. James as chairman. Seconded by Dr. Flandro, motion carried.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. Zarybnisky to approve the May 30, 2008 and June 30, 2008 minutes as written. Seconded by Dr. Flandro, motion carried.

 

Introductions were made to the new member of the Board, Dr. Rodney White.    

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report to the members of the Board. They do not have any proposed legislation this year.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. The current cash balance is $59,094.15.

 

FY 2009 CONTRACT RENEWAL

 

Ms. Cory presented the FY 2009 contract renewal to the members of the Board. A motion was made by Dr. Barnhart to approve the renewal contract and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Zarybnisky, motion carried.

 

STIPULATION AND CONSENT ORDERS

 

OPT-2007-1 and OPT-2007-3 Mr. Klein presented the stipulation and consent orders to the members of the Board.

 

A motion was made by Dr. Zarybnisky to approve the Stipulation and Consent Orders and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Barnhart, those opposed Dr. White, motion carried.

 

A motion was made by Dr. Flandro to approve the continuing education submitted by Dr. Johnson, OPT-2007-1. Seconded by Dr. White, motion carried. 

 

INVESTIGATIVE REPORT

 

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

 

Fiscal Year 2009 (to date)

 
            Total Complaints Received 1

Status:

 
            Remaining under investigation 1

 

Fiscal Year 2008  
            Total Complaints Received 4
Status:  
            Remaining under investigation 4

 

Fiscal Year 2007  
            Total Complaints Received 5
Status:  
            Closed by Board action 4
            Pending legal review by the   
            Office of the Attorney General
1

 

Fiscal Year 2006  
            Total Complaints Received 4
Status:  
            Closed by Board action 3
            Pending legal review by the   
            Office of the Attorney General
1


 

OLD BUSINESS

 

RESPONSE FROM THE ASSOCIATION OF REGULATORY BOARDS OF OPTOMETRY (ARBO)

 

A letter was received from ARBO requesting that each state submit a record of each licensee including their social security number, date of birth, licensure status, address, and license number for purposes of the OE Tracker database.

 

The Board then asked the secretary to follow up with ARBO’s attorney regarding whether or not this information is a matter of public record. In a response to this request it was stated they were not looking for social security numbers and only wanted information on those newly licensed.

 

The Board requests the Bureau follow up with the cost associated to implement this with ARBO’s database and bring this information to the next meeting.     

 

NEW BUSINESS

 

ASSIGN BOARD MEMBER TO GRADE THE OPEN BOOK EXAMINATION FOR LICENSURE

 

Dr. White will now take over the responsibility of grading and returning the open book exams sent by the secretary once an application is received.

 

CORRESPONDENCE FROM DR. CARTER

 

Due to a conflict of interest, Dr. White recused himself from the discussion. The Board reviewed a letter submitted by Dr. Lee Carter. The Board discussed advising Dr. Carter to seek legal counsel regarding his concerns.

 

A motion was made by Dr. Barnhart to direct counsel to respond to Dr. Carter stating the Board reviewed his letter and does not feel it is appropriate to get involved with the dispute between him and Pearle Vision and that he may want to obtain private legal counsel. Seconded by Dr. Zarybnisky, motion carried.

 

PRESENTATION ON THE OPEN MEETING LAW 

 

Mr. VonTagan gave a presentation to the members of the Board regarding the open meeting law and how it affects the Board. Pamphlets were given to each of the members.

 

CORRESPONDENCE FROM DR. SHEMAYNE MCCARTHY

 

The Board reviewed correspondence submitted by Dr. McCarthy. One of the requests asked the Board to change the renewal requirement to every two years rather than having it on an annual basis. Mr. Hales stated the law establishes the renewal period. The Board also discussed the continuing education requirement and the option of carryover hours. The Board and the Bureau staff also discussed the financial and administrative burden it would cause to change the renewal date from the birth date.

 

A motion was made by Dr. Barnhart to direct counsel to respond to Dr. McCarthy’s inquiry. Seconded by Dr. Flandro, motion carried. This response is to include the following: changing the renewal date for licenses would require a law change, the date of renewals is spread throughout the year for the 450 licensees based upon the Bureau’s standardized approach, the Board would consider changing the continuing education requirement to allow an increase in the amount of carryover hours if popular consensus was presented, and to remind her there is a provision for carryover hours of not more than six hours per year.    

 

CORRESPONDENCE FROM MELISSA BARNHART

 

The Board reviewed the questions submitted by Melissa Barnhart, student from Pacific University. The Board noted that a response was sent directing her to the state law and rule.

 

REQUEST FROM THE IDAHO OPTOMETRIC ASSOCIATION (IOA)

 

A letter was submitted by Larry Benton, Executive Director for the IOA, requesting the Board endorse the continuing education sponsorship of $10,000.

 

A motion was made by Dr. Barnhart to approve the funding as requested. Seconded by Dr. Zarybnisky, motion carried.

 

INQUIRY REGARDING THE CPT CODE LETTER

 

The Board reviewed an inquiry submitted by a licensee asking for clarification to the CPT code letter that was sent. This doctor asked the Board for their opinion on injectables and chalazion procedures. The law does not specifically state that injectables are within the scope however it does include treatment of the eye by any means.

 

Discussion was also held regarding the use of botox and its uses in the treatment of an eye condition.

 

A motion was made by Dr. Flandro to table this discussion until further information is given and to direct Dr. Zarybnisky to respond. Seconded by Dr. Barnhart, motion carried.

 

Meetings have been scheduled for Friday December 12, 2008, and Friday March 13, 2008, at 8:30 a.m.

 

EXECUTIVE SESSION

 

A motion was made by Dr. Zarybnisky to enter into executive session to discuss applications exempt from public disclosure as per Idaho Code 67-2345.1(d). Seconded by Dr. White. Vote: Dr. James, aye; Dr. Flandro, aye; Dr. Barnhart, aye; Dr. White, aye; and Dr. Zarybnisky, aye. Motion carried.

 

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

 

APPLICATIONS

 

A motion was made by Dr. White to approve the following applications by endorsement. Seconded by Dr. Zarybnisky, motion carried.

 

ODP-100176 Susan Shipley-Slick

ODP-100173 Thomas Emerson   

 

The Board reviewed continuing education audits and renewals and signed wall certificates and meeting minutes.

 

A motion was made by Dr. Zarybnsiky to adjourn the meeting at 12:25 p.m. Seconded by Dr. White, motion carried.