IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 5/21/2010

 

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

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

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

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

 

BOARD MEMBERS ABSENT:††† Robert Sorensen O.D.

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lori Peel, Investigative Unit Manager

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

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

 

OTHERS PRESENT:†††††††††††††††††††† Erin OíNeill, Executive Director, ID Society of Ophthalmology

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Molly Steckel, Idaho Medical Association

                            †††††††

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

 

A motion was made by Dr. White to amend the agenda to add correspondence from the Citizen Advocacy Center (CAC), as it was just received. Seconded by Dr. Barnhart, motion carried.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. Barnhart to approve the minutes of February 5, 2010 as corrected. Seconded by Dr. White, motion carried.

 

A motion was made by Dr. White to approve the minutes of March 10, 2010 as corrected. Seconded by Dr. Barnhart, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report to the members of the Board stating the legislature is asking agencies to be conservative with regard to submitting law and rule changes. The Board is not looking at making any changes at this time.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. The cash balance as of April 30, 2010 was $71,097.70. A motion was made by Dr. Barnhart to accept the financial report. Seconded by Dr. White, motion carried.

 

INVESTIGATIVE REPORT

 

I-OPT-2010-4 IBOL received information that R, who is not a licensed OPT, was selling plano lenses at two store locations. The investigator attempted to buy the lenses at both of Rís stores and was informed that they no longer stock and sell the contact lenses.IBOL recommends that the Board authorize closure with a warning letter to R regarding any possible selling of plano lenses in the future.

 

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

 

I-OPT-2010-7 In response to a CE audit request, R had a 2-hour deficiency for the audit period.R subsequently provided documentation verifying completion of 18 hours for the audit period.IBOL recommends that the Board authorize closure.

 

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

 

CEU CONSENT ORDERS

 

OPT-2010-1 A motion was made by Dr. James to direct the Bureau to send a letter to Dr. Cameron and accept the stipulation as written. Seconded by Dr. White, motion carried.

 

OPT-2010-2 A motion was made by Dr. White to accept the settlement order and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Barnhart, motion carried.

 

A motion was made by Dr. Barnhart to reorder the agenda. Seconded by Dr. James, motion carried.

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NEW BUSINESS

 

CORRESPONDENCE RE: MRIs

 

Discussion was held regarding an optometristís ability to order a magnetic resonance imaging (MRI) and how it relates to the examination, diagnosis, and treatment of conditions of or relating to the eyes and/or eyelids.

 

A motion was made by Dr. James to draft a letter in response, directing the Bureau to write a letter stating the ordering of an MRI is within the scope of practice as it is relative to the eyes and/or eyelids and all functions of human vision. Seconded by Dr. White, motion carried.

 

CORRESPONDENCE RE: THE REPLACEMENT OF EYEGLASSES

 

The Board reviewed an inquiry asking if there was a law or regulation that would prevent an optometrist from replacing a pair of eyeglasses when the prescription was written two and a half years ago.

 

A motion was made by Dr. Barnhart to respond to the inquiry, referring him to Rule 450.01.b, and stating he is required to have a valid prescription. The law requires an expiration date as determined by the optometrist and he may want to contact his doctor to request a copy of his prescription. Seconded by Dr. White, motion carried.

 

CORRESPONDENCE RE: OPTICIANS

 

The Board reviewed an inquiry submitted by a political analyst who was conducting research on opticians and their scope of practice. The Board provided responses to each of the questions.

 

A motion was made by Dr. James directing the secretary to respond to the inquiry. Seconded by Dr. White, motion carried.

 

CORRESPONDENCE RE: TMOD CERTIFICATION

 

The Board reviewed correspondence from an optometrist who does not currently have therapeutic privileges and wanted information from the Board as to what would be required to obtain this certification.

 

The Board reviewed Idaho Code 54-1501 and stated the required TMOD score is available and is a subtest within Part II of the national exam.

 

A motion was made by Dr. Barnhart directing the secretary to respond to the doctor and include a copy of the TMOD examination information. Seconded by Dr. James, motion carried.

 

CORRESPONDENCE RE: ARIZONA OPT ASSOCIATION

 

The Board reviewed an inquiry received from Arizonaís Optometric Association requesting responses from other states regarding its experience with optometrists who have full pharmaceutical authority and whether there had been documented cases of harm to the public.

 

Before responding, the Board asked if Ms. Peel could research for any instances of public harm.

 

IDACARE REQUIREMENT/UPDATED RENEWAL FORM

 

The Board discussed the IDACARE requirement and requested Bureau staff to research the licensing database and determine if it is capable of implementing the option to verify if the IDACARE database had been updated by the doctor. The Board would also like the system to identify if it has the doctorís correct mailing address.

 

ATTENDANCE TO THE ANNUAL ARBO MEETING

 

A motion was made by Dr. White to approve the expenses incurred for Dr. Zarybnisky and Dr. James to attend the annual ARBO meeting. Seconded by Dr. Barnhart, motion carried.

 

REQUESTS FOR CONTINUING EDUCATION APPROVAL

 

A motion was made by Dr. James, pending the approval of the Administrative Attorney, to designate a member of the Board to review applications for CE approval. However, if an application is going to be denied, these will then be considered by the full Board. Seconded by Dr. White, motion carried.

 

A motion was made by Dr. Barnhart to designate Dr. James as the member to review all continuing education applications. Seconded by Dr. White, motion carried.

 

CITZENS ADVOCACY CENTERS (CAC) WEB CONFERENCE

 

Dr. Zarybnisky received an invitation from CAC about a web conference to be held regarding disciplinary actions for violations. Following discussion, the Board decided no action would be taken and no one would be attending this conference.

 

CORRESPONDENCE RE: ARIZONA OPT ASSOCIATION

 

Ms. Peel returned with information for the Board. She researched all complaints received from 1999 to current. There had been one incident relative to prescriptive authority which had been taken against a doctor who not only holds licenses in other states but is a licensed Ophthalmologist.

 

A motion was made Dr. James directing the secretary to respond to the inquiry stating there have not been any documented cases of public harm by a doctor acting in the capacity of an optometrist who also has full pharmaceutical privileges in Idaho. Seconded by Dr. Barnhart, motion carried.

 

CE COURSES

 

A motion was made by Dr. James to approve the continuing education application submitted by James ďRickĒ Davis and sponsored by The Idaho Eye Center, for the course entitled IEC Therapeutic Update. Seconded by Dr. White, motion carried.

 

NEXT MEETINGS have been scheduled for Friday September 10, 2010 and December 3, 2010 at 8:30a.m.

 

EXECUTIVE SESSION

 

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

 

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

 

OLD BUSINESS

 

REVISED LAW EXAM

 

A motion was made by Dr. James to approve the state examination with the noted changes. Seconded by Dr. White, motion carried.

 

The Board expressed gratitude to Dr. Barnhart for his service while on the Board.

 

ADJOURNMENT

 

A motion was made by Dr. James to adjourn the meeting at 10:50 a.m. Seconded by Dr. White. Dr. White withdrew his vote. 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