IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 6/12/2009

 

BOARD MEMBERS PRESENT: Donald K. James, O.D. - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Jack G. Zarybnisky, O.D.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Michael R. Flandro, O.D.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Rodney L. White, O.D.

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BOARD MEMBERS ABSENT:††† Francis J. Barnhart, O.D.

 

BUREAU STAFF: ††††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Roger Hales, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cherie Simpson, Management Assistant

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dave Hotchkiss, Complaint Coordinator

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Carrie Gilstrap, Technical records Specialist

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Meeting was called to order at 8:30 AM MDT by Donald K. James, O.D.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. Zarybnisky to approve the minutes of March 13, 2009 as written. Seconded by Dr. White, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report of the members of the Board. Discussion was held in regard to removing the Board from the PERSI program. A motion was made by Dr. White to approve the proposed change to Idaho Code 54-1508, which moves the Board from the compensation section to the honorarium section and thus discontinues PERSI participation. Seconded by Dr. Zarybnisky, motion carried.††

FINANCIALREPORT

 

Ms. Cory presented the financial report to the members of the Board. The current cash balance is $66,148.01. Ms Cory also stated there will be three new boards coming to the Bureau which will assist in spreading out the Boardís indirect costs.

 

INVESTIGATIVEREPORT

 

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

 

I-OPT-2008-2 C alleges that R wanted to make a sale and would not tell C that R does not sell the specific product and then sold C another lens that did not work for the C.INV revealed that C was examined by R and fitted with soft contacts. R maintains that C agreed to try the soft contacts with the understanding that C could order hard contacts after the trial if desired. INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.

 

A motion was made by Dr. Flandro to accept the Bureauís recommendation and authorize closure. Seconded by Dr. White, motion carried.

 

I-OPT-2009-5 The audit shows that documentation of hours of approved CE submitted were obtained outside this period. IBOL sent a notice of violation and consent order to R. Additional documentation was submitted by R and a review concluded that R had met the requirement for the period in question. IBOL recommends the Board authorize closure.

 

A motion was made by Dr. Flandro to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Zarybnisky, motion carried.

 

I-OPT-2009-8 C alleged the R examined the C and then sold the C a pair of glasses. The C was not satisfied with the glasses and returned them but the R will not refund the money to the C. INV revealed that R confirmed that C purchased glasses and later wanted a refund. R said C's sight was deteriorating due to age and mild cataracts. R agreed to work with C to help with any problems, but would not provide a refund due to the time C had worn the glasses. INV revealed that C was not interested in working with R because another OPT was now seeing C. R provided complete documentation and confirmed that C could return for new lenses or frames as appropriate at reduced cost. INV did not reveal evidence of a violation of law or rule. IBOL recommends the Board authorize closure.

 

A motion was made by Dr. Flandro to accept the Bureauís recommendation and authorize closure. Seconded by Dr. White, motion carried.

 

OLD BUSINESS

 

PROPOSED RULE CHANGE TO DEFINE OPTICIANRY

 

The Board would like to define the term opticianry as it is stated in the new law, effective July 1, 2009. Dr. White stated he will send Mr. Hales a copy of a definition he has. Mr. Hales also stated he will follow up with Larry Benton, Executive Director for the Idaho Optometric Physicians Association.

 

REQUEST FROM THE ASSOCIATION FOR CE SPONSORSHIP

 

A motion was made by Dr. Zarybnisky to approve the request for continuing education sponsorship submitted by Mr. Benton. Seconded by Dr. Flandro, motion carried. †††

 

NEXT MEETING is scheduled as a conference call on Friday July 10, 2009 at 8:30 a.m.

 

ADJOURNMENT

 

A motion was made by Dr. Flandro to adjourn the meeting at 9:15 a.m. Seconded by Dr. White, motion carried.

_________________________________††††† _________________________________

Donald K. James, O.D., Chair††††††††††††††††††††††††† Jack G. Zarybnisky, O.D.

_________________________________††††† _________________________________

Michael R. Flandro, O.D.†††††††††††††††††††††††††††††††† Rodney L. White, O.D.

_________________________________††††† _________________________________

Francis J. Barnhart, O.D.††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief