IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 2/5/2010

  

 

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

                                                             Robert Sorensen O.D.

                                                             Rodney L. White, O.D.

                                                             Francis J. Barnhart, O.D.

                                                             

BOARD MEMBERS ABSENT:    Donald K. James, O.D.

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Carrie Gilstrap, Technical Records Specialist II

 

OTHERS PRESENT:                     Lisa Fennell, ARBO

                                                            Larry Benton, IAO

                                                            Molly Steckel, BOM

                                                           

                                   

The meeting was called to order at 8:30 AM MST by Jack G. Zarybnisky, O.D.

 

A motion was made by Dr. Sorensen to add an agenda item for Larry Benton, as he has a meeting to report to next week which includes information from this meeting. Seconded by Dr. White, motion carried.

 

OLD BUSINESS

 

ARBO OE TRACKER- PRESENTATION FROM MS. LISA FENNELL

 

Ms. Fennell, Managing Director for the Association of Regulatory Boards of Optometry (ARBO) approached the members of the Board. Ms. Fennel gave a brief overview of the OE Tracker which was designed to electronically audit and verify continuing education attendance for optometrists.

 

Discussion was held regarding the process for tracking the information and the role of the licensee and the individual state Boards. Following discussion it was determined that in order for the Board to fully incorporate the OE Tracker system it would require a law/rule change. 

 

Mr. Benton, Executive Director for the Idaho Optometric Association (IOA) stated he would support the Board if they decided to go forward with proposals to implement the database.

 

A motion was made by Dr. Sorensen to have Karl investigate any law/rule changes that it may require in order to implement the OE Tracker. Seconded by Dr. Barnhart, motion carried. 

 

PRESENTATION FROM LARRY BENTON, IOA

 

Mr. Benton presented a request to the Board for the annual sponsorship of $10,000.00 to help support the cost of a 20 hour clinical program from September 15-17, 2010. A motion was made by Dr. Sorensen to approve Mr. Benton’s request and in lieu of offering a free education day this year, to allocate the payment to all licensed Idaho optometrists. Seconded by Dr. White, motion carried.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. Sorensen to accept the minutes of October 30, 2009 as written. Seconded by Dr. Barnhart, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report to the members of the Board. The proposed law and rule changes were approved by the legislature and will go into effect upon adjournment. The law change removing the Board from the PERSI retirement plan will be effective July 1, 2010.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. The cash balance as of January 31, 2010 was $65,488.34. A motion was made by Dr. Barnhart to accept the financial report. Seconded by Dr. White, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report to the members of the Board.

 

For Board Determination:

 

I-OPT-2010-1, I-OPT-2010-2, I-OPT-2010-3  Cs alleged Rs were selling cosmetic or plano contact lenses without an OPT license.  After investigation, the Attorney General's Office issued cease and desist letters to Rs, and Rs agreed to stop selling the lenses.

 

A motion was made by Dr. Barnhart to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. White, motion carried.

 

NEW BUSINESS

 

CORRESPONDENCE FROM THE AMERICAN OPTOMETRIC SOCIETY

 

The Board reviewed a letter requesting the state licensing authorities consider implementing and require Board Certification for Idaho licensed optometrists. Discussion was held and concerns were addressed. The Board will continue to monitor this issue.

 

CORRESPONDENCE FROM DR. MCNEEL

 

The Board reviewed correspondence sent by Dr. McNeel asking if optometrists were able to use botox for other than blepharospasm cases.

 

A motion was made by Dr. Barnhart to respond to the doctor and refer him to the last letter sent to him and that he may seek legal counsel. Seconded by Dr. Sorensen. Dr. Barnhart withdrew the motion.

 

A motion was made by Dr. Barnhart to have the secretary contact the doctor and refer him to the last letter sent. Seconded by Dr. Sorensen, motion carried.

 

MEDICARE ADVANTAGE EDUCATION REQUIREMENTS

 

It was stated that Medicare is changing their requirements. All staff need to educate themselves regarding fraud as this is a federal requirement. Dr. Zarybnisky will take this issue to the Association meeting.

 

IDAHO LAW EXAMINATION 

 

A motion was made by Dr. Sorensen to change the current test. Seconded by Dr. Barnhart, motion carried. The Board would like to review the revised questions submitted and add this item to the next meeting’s agenda.

 

UPDATED RENEWAL FORM

 

The Board reviewed the updated renewal form and requested to have the signature line moved to the bottom, if formatting could allow. A motion was made by Dr. Sorensen to approve the renewal form. Seconded by Dr. White, motion carried.

 

ARBO MEMBERSHIP DUES

 

A motion was made by Dr. White to approve the ARBO annual membership dues of $750.00. Seconded by Dr. Sorensen, motion carried.

 

ATTENDANCE TO ANNUAL ARBO MEETING

 

A motion was made by Dr. Sorensen to approve the expenses for two members to attend the annual ARBO meeting. Seconded by Dr. White, motion carried.

 

A motion was made by Dr. Sorensen to approve the expenses for Dr. Zarybnisky’s travel to Boise on January 18, 2010 to present testimony in front of the legislature. Seconded by Dr. White, motion carried.

 

CE COURSES

 

A motion was made by Dr. Sorensen to accept Todd Stone’s request for continuing education approval for the course entitled “Surgical Advances in Glaucoma Management” and recommend in the future he goes through Counsel on Optometric Practioner Education (COPE) to obtain approval. Seconded by Dr. White, motion carried.

    

A motion was made by Dr. Sorensen to accept Dr. McNeel’s request for continuing education approval for the course entitled “Current Trends in Diagnosis and Management of Glaucoma” and recommend in the future he goes through COPE to obtain approval. Seconded by Dr. Barnhart, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Dr. Sorensen that the Board go into executive session under Idaho Code § 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. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; and Dr. Barnhart, aye. Motion carried.

 

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

 

APPLICATIONS

 

ODP-100197 A motion was made Dr. Barnhart to approve the endorsement application for Thomas Myers. Seconded by Dr. White, motion carried.

 

ODP-100196 A motion was made Dr. Barnhart to approve the endorsement application for Robert Livingston. Seconded by Dr. White, motion carried.

    

NEXT MEETING is scheduled for Friday May 21, 2010.

 

ADJOURNMENT

 

A motion was made by Dr. Sorensen to adjourn the meeting at 11:45 a.m. Seconded by Dr. Barnhart, 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