IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 10/30/2009 

 

BOARD MEMBERS PRESENT: Jack G. Zarybnisky, O.D. - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Sorensen, O.D.

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Francis J. Barnhart, O.D.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Donald K. James, O.D.††††††††††††††††††††††††††††††††††††††††††††††††††††††

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Administrative Attorney

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Carrie Gilstrap, Technical Records Specialist

                            †††††††

The meeting was called to order at 8:40 AM MDT by Jack G. Zarybnisky, O.D.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. James to accept the minutes of August 7, 2009 as written. Seconded by Dr. White, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report to the members of the Board. The proposed rules are posted to the website. A motion was made by Dr. James to include the proposed law change as well. Seconded by Dr. Barnhart, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. The cash balance as of September 30, 2009 was $54,626.61. A motion was made by Dr. White to accept the financial report. Seconded by Dr. Sorensen, motion carried.

 

 

FY 2010 RENEWAL CONTRACT

 

Ms. Cory presented the FY 2010 contract renewal to the members of the Board. A motion was made by Dr. James to accept the contract and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Barnhart, motion carried.

 

INVESTIGATIVE REPORT

 

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

 

I-OPT-2008-1 C alleged R will not forward Cís family records due to an unpaid balance. INV revealed that Cís child saw R for broken glasses, and C expressed an interest in contact lenses for the child. C indicated some financial difficulty when she was told that Medicaid would not cover the contact lens fitting or any contacts that were received after the fitting process was complete. R discounted the $31 contact lens fitting fee in an effort to help C. The next day, C called Rís office requesting her childís contact lens prescription because she could get the contact lenses cheaper elsewhere. Rís office staff informed C that there was an outstanding balance on the familyís account and that when the balance was paid,Rís office would release the information. Later that day another OPT office faxed a records release and request for the familyís records. Rís office staff explained to the other OPTís office staff that Rís office policy is to release requested medical record information, including glasses and contact lens prescriptions, when an outstanding balance is paid in full. R also noted that the FTC Contact Lens Rule provides in pertinent part: ďPrescribers may require a patient to pay for the eye exam, fitting and evaluation before giving the patient a copy of the contact lens prescription,Ē that the consumer may get the contact lens prescription when the fitting is complete, and that ďfitting contacts may involve more than one appointment.Ē R stated that the childís glasses were mailed to Cís home the day they were received in Rís office, that R has not received payment from Medicaid for either the exam or the glasses, and that R has forwarded the childís glasses prescription and eye health examination records to the other OPT. R stated he made an exception to his office policy because he discounted the charge for the non-covered contact lens fitting and the remaining balance is expected from Medicaid. R stated that he was not given an opportunity to do specific measurements and place contacts on the childís eye or conduct an evaluation for correct fit and vision correction, so no contact lens prescription exists for the child. IBOL recommends the Board authorize closure.

 

I-OPT-2008-1 A motion was made by Dr. James to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Sorensen, motion carried.

 

I-OPT-2009-1 C alleged Rís office personnel told C that Medicaid would pay for a scheduled appointment, but R walked out in the middle of an exam. C also alleged that Rís office personnel came into the exam room and told C that she had to pay for the exam or it would not be completed. INV revealed that when R met with C in the exam room, R noticed in Cís file that the insurance codes signified that C was not eligible for an eye exam unless there was a medical condition present. R stated that he then left the room to verify coverage and review it with office personnel. R stated that office personnel then went into the exam room to discuss the lack of insurance coverage with C and Cís options. C determined not to proceed with the exam and left the office. IBOL recommends the Board authorize closure.

 

I-OPT-2009-1 A motion was made by Dr. James to accept the Bureauís recommendation and authorize closure. Seconded by Dr. White, motion carried.

 

OPEN MEETING LAW CHANGES

 

Mr. Klein presented the members of the Board with a copy of the Idaho Open Meeting Law Manual. He also informed the Board of the new changes effective July 1, 2009 to the open meeting law.

 

NEW BUSINESS

 

DISCUSSION RE: THE CE REQUIREMENT AND APPROVAL

 

The Board received requests for continuing education approval. A motion was made by Dr. Barnhart to approve the requests submitted by the North Idaho Eye Institute and Pacific Cataract Institute. Seconded by Dr. Sorensen, motion carried.

 

The Board will review all courses submitted during its regularly scheduled meetings. The Board asked the secretary to notify individuals of the Council on Optometric Practitioners Education (COPE) approval process when a request for continuing education approval from the state Board is received.

 

CORRESPONDENCE FROM THE AMERICAN OPTOMETRIC SOCIETY

 

A letter was received from the American Optometric Society (AOA) asking the Board to examine a new board certification being developed by the AOA and the American Academy of Optometry (ABO). They also asked for the Board to issue a formal opinion as to whether or not, and to what extent, doctors of optometry licensed by the Board may represent within the state that they are ABO Board certified.

 

The Board asked Mr. Klein to review the law and rule in relation to board certification and present a legal opinion during the February meeting.

 

CORRESPONDENCE RE: CHALAZION REMOVAL

 

The Board reviewed correspondence received regarding its status on chalazion removal. The law does not specifically address this procedure. The Board discussed contacting these doctors to notify them that they do not make decisions on an individual basis nor do they interpret the law. The Board is responsible for enforcing its law and rules and the state association is an advocate for the scope of practice.

 

A motion was made by Dr. James to respond to the inquiry stating the Boardís response can be found in the minutes. Seconded by Dr. Barnhart, motion carried.

 

CORRESPONDENCE FROM ARBO

 

The board reviewed correspondence received from the Association of Regulatory Boards of Optometry (ARBO) regarding the OE tracker and the invitation for an ARBO representative to attend a Board meeting to present additional information on how the Board can use the OE tracker to electronically audit licenseeís continuing education attendance.

 

The Board would like to invite both an ARBO representative and Mr. Benton, Idaho Optometric Association, to the February meeting. The Board asked for Ms. Cory and the secretary to contact Ms. Fennell at ARBO.

 

CORRESPONDENCE FROM ARBO

 

A motion was made by Dr. James to approve Dr. Rainey, ODP-100143, as a provider to review continuing education for ARBO. Seconded by Dr. Barnhart, motion carried.

 

DISCUSSION RE: ON-LINE STATE EXAMINATION

 

The Board reviewed correspondence received by the National Board of Examiners in Optometry (NBEO). A new program has been developed to provide all state Boards the ability to offer an online state optometry law exam to all candidates who are seeking licensure.

 

Dr. Sorensen and Dr. White stated they will revise the current open book examination and present it during the next regularly scheduled meeting.

 

EXECUTIVE SESSION

 

A motion was made by Dr. James that the Board go into executive session under Idaho Code ß 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the Executive Session was to consider license application materials.  Seconded by Dr. Barnhart. The vote was: Dr. James, aye; Dr. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; and Dr. Barnhart, aye. Motion carried.

 

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

 

APPLICATIONS

 

ODP-100191 A motion was made Dr. White to approve the endorsement application for Anna Geronimo. Seconded by Dr. James, motion carried.

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NEXT MEETING was previously scheduled for February 5, 2010.

 

ADJOURNMENT

 

A motion was made by Dr. Barnhart to adjourn the meeting at 10:50 a.m. Seconded by Dr. James, motion carried.

_________________________________††††† _________________________________

Jack G. Zarybnisky, O.D., Chair†††††††††††††††††††††† Robert Sorensen O.D.

_________________________________††††† _________________________________

Rodney L. White, O.D.††††††††††††††††††††††††††††††††††† Francis J. Barnhart, O.D.

_________________________________††††† _________________________________

Donald K. James, O.D.††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief