IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 9/10/2010

 

THIS IS A DRAFT DOCUMENT THAT HAS NOT BEEN APPROVED BY THE

BOARD

 

 

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

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

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

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

 

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

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 BUREAU STAFF: †††††††††††††††††††††††† Lori Peel, Investigative Unit Manager

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

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

 

OTHERS PRESENT:†††††††††††††††††††† Larry Benton, ID Physicians Association

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dr.Randy Andregg

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ErinNeill, ID Society of Ophthalmology

                            †††††††

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

 

APPROVAL OF MINUTES

 

A motion was made by Dr. James to approve the minutes of February 5, 2010 as corrected. Seconded by Dr. White. Dr. Sorensen recused himself from voting as he was not in attendance, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Peel presented the legislative report to the members of the Board stating that as of July 1, 2010 the Board has been removed from PERSI.

 

FINANCIAL REPORT

 

Ms. Peel presented the financial report to the members of the Board. The cash balance as of August 31, 2010 was $66,184.01.

 

FY 2011 RENEWAL CONTRACT

 

Ms. Peel presented the FY 2011 contract renewal to the members of the Board. A motion was made by Dr. Sorensen to approve the contract and authorize the Chair to sign on behalf of the Board. Seconded by Dr. White, motion carried.

 

INVESTIGATIVE REPORT

 

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

 

I-OPT-2008-3 C alleged that R, a novelty shop, sold a 15-year-old patient ďhypnoticĒ plano contact lenses that caused problems with the patientís visual health.Investigation revealed that since the complaint was filed, R was issued a cease and desist letter by the Attorney Generalís Office in a related matter and has stopped stocking or selling the lenses.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. Sorensen, motion carried.

 

I-OPT-2010-9C alleged that R ďpushedĒ C into vision therapy that R should have known would not help C due to Cís Parkinsonís disease.Investigation revealed that C attended a vision therapy workshop at Rís clinic to learn more about vision therapy.C then made an appointment with R to address Cís complaint of blurred and double vision.Rís records reflect that C was seen once by R and that, in addition to Parkinsonís, C was diagnosed with hypermetropia, regular astigmatism, presbyopia, cortical senile cataract, nonexudative senile macular degeneration of the retina, and hypertropia.After a medically oriented exam, R determined that C was not a candidate for vision therapy and referred C to resume care under an ophthalmologist.R stated that his office did not attempt to proceed with vision therapy for C and that vision therapy would not correct Cís vision problems.Rís office manager informed the investigator that C had questions regarding vision therapy and another person was brought in to explain vision therapy and the associated costs.However, C was never scheduled for a consultation with the therapist and was simply referred to the ophthalmologist.The investigation did not reveal any evidence to support the allegation that R attempted to ďpushĒ C into vision therapy; therefore, IBOL recommends that the Board authorize closure.

 

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

 

OLD BUSINESS

 

UPDATE ON IDACARE SYSTEM

 

Discussion was held regarding the IDACARE database and questions the Board members had for accessing their profile. Dr. James stated he will contact the Association and ask that they get the information out to its members as well.

 

DISCUSSION RE: RENEWAL FORMS/CE REQUIREMENT

 

A motion was made by Dr. James to revise the license renewal form to include continuing education as a question rather than in the formís affidavit. Seconded by Dr. White, motion carried.

 

The Board discussed possibly changing the CE requirement to a bi-annual cycle. This will be added to the list of any proposed changes for the next legislative session.††

 

OPEN BOOK STATE EXAM

 

The Board reviewed a draft of a revised open book exam based upon suggested changes. Mr. Klein stated the goal is to ensure the licensee is familiar with the Boardís laws and rules. There was some concern that some of the questions could be challenged with the exam adopted by the Board during its May meeting. Therefore an alternate version was presented for the Board to review. Dr. White and Dr. Sorensen will work on the open book exam and bring it back before the Board during its next meeting.††

†††††††††††

NEW BUSINESS

 

CORRESPONDENCE RE: MEDICATED CONTACT LENSES

 

Legislation was reviewed from the Nebraska Board of Pharmacy regarding medicated contact lenses. Nebraska allows the dispensing of these lenses and they can be dispensed out of the doctorís offices. Dr. Zarybnisky stated this Board needs to start looking at this for the protection of the public and added this was brought before the Board as information. Both the Board and the Association will discuss this matter in the future. Dr. White stated he does not agree with this technology.††

 

UPDATE ON ARBO CONFERENCE- DR.ZARYBNISKY & DR. JAMES

 

Dr. James presented a handout from the annual meeting. Information included possible cheating with the national examination this year. He stated all exam scores could be withdrawn because of it. The national association is looking at making changes to the exam including available testing sites and a fee increase.

 

Discussion was also held regarding the role of the Citizen Advocacy Center (CAC).

 

IOP EDUCATIONAL CONFERENCE

 

Mr. Benton stated the Association has planned to offer a day of free education with the annual grant money given to them by the Board. Mr. Benton asked for approval to provide this education sometime before February 2011, as the Association was unable to do so during this yearís Association conference. This will be eight hours of clinical education. The Board approved Mr. Bentonís request.

††

REQUEST FOR WAIVER OF CE REQUIREMENT

 

A request for a waiver of the CE requirement was received from Dr. Vassar. As per Rule 300.04 a motion was made by Dr. James to approve his request. Seconded by Dr. Sorensen, motion carried.

 

ARBO CORRESPONDENCE RE: COPE APPROVAL

 

A motion was made by Dr. White to approve Dr. Rainey and Dr Archila for reviewers of continuing education courses for ARBO. Seconded by Dr. James, motion carried.

 

DISCUSSION RE: A SUB-COMMITTEE FOR 2011 PROPOSED CHANGES

 

The Board discussed forming a sub-committee to work on any ideas for proposed changes to its laws and rules for the next legislative session. Dr. Zarybnisky and Dr. White will be on the committee. Dr. James agreed to assist during time when one of the members may not be available.

 

The Board also discussed contacting CAC to ask about providing a model to the Board. Dr. James stated he will provide information during the next scheduled meeting.

 

ELECTION OF CHAIR AS PER I.C. 54-1508

 

A motion was made by Dr. Sorensen to elect Dr. Zarybnisky as the Board Chair. Seconded by Dr. White, motion carried.

 

NEXT MEETING was previously scheduled for December 3, 2010 at 8:30 a.m. The following meeting was scheduled for February 25, 2011 at 8:30 a.m.

 

A motion was made by Dr. James to approve the expenses incurred while working on the sub-committee for proposed changes. Seconded by Dr. Sorensen, motion carried.††

 

ADJOURNMENT

 

A motion was made by Dr. White to adjourn the meeting at 10:10 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