Bureau of Occupational Licenses
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Robert Sorensen O.D.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Rodney L. White, O.D.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Donald K. James, O.D.
BOARD MEMBERS ABSENT:††† Robert B. Grill, O.D.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Administrative Attorney
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cherie Simpson, Management Assistant
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Carrie Gilstrap, Technical Records Specialist II
OTHERS PRESENT:†††††††††††††††††††† Erin
APPROVAL OF MINUTES
A motion was made by Dr. Sorensen to approve the minutes of 9/10/2010. Seconded by Dr. James, motion carried.
Ms. Cory presented the legislative report to the members of the Board. She stated there are no proposals for the upcoming session. This Board has a sub-committee to work on any law and/or rule changes. The deadline for proposed changes is August 1.
The Board and its
sub-committee discussed scheduling a time to meet in
Ms. Cory presented the financial report to the members of the Board. The cash balance as of November 30, 2010 was $77,843.22.
Ms. Cory also added the Bureau is hosting an open house and invitations to attend will follow.
Ms. Peel presented the investigative report to the members of the Board.
I-OPT-2010-10 C alleged R caused damage to Cís eye during an exam.† C informed the investigator that (1) an unlicensed individual blew air into his eye which damaged his eye and (2) R shined an instrument into his eye for an extended period of time, which caused him to faint and resulted in spots on his eye.† C stated that he advised R to stop the exam and to not examine the other eye.† C stated that he had several exams prior to the exam conducted by R, that he did not advise R about any issues and just paid $400-450 for the exam and left.† R informed the investigator that C presented for a routine eye check and comprehensive examination/eyeglass prescription.† R stated that C was taken by a staff member into the pretesting room and, after being informed of the eye pressure test, declined the test.† R was then taken into the examination room and R explained the importance of the eye pressure test and the testís historically safe track record.† C again declined the eye pressure test.† R stated that during examination with the slit lamp, C remarked he could see reflections of his blood vessels and then felt lightheaded.† R paused the examination, reclined C in the exam chair, and calmed C with a cool wet washcloth on his forehead.† R stated that C repeatedly said he felt lightheaded but at no point became unconscious.† R stated that C commented multiple times while sitting back that he felt embarrassed and that ďthis has never happened before.Ē† R stated that he informed C that ďthis sometimes happens during testingĒ and instructed C to take a few deep breaths.† R stated that within a few minutes C said he felt much better, and the exam was concluded.† R stated that C declined, even after doctor education to the contrary, the eye pressure test, any diagnostic eye drops, and any dilated examination.† R stated that at no point were Cís eyes given any sort of procedure or diagnostic procedure that could be considered ďinvasiveĒ or put C at risk for permanent damage.† R stated that at no point after the exam did C contact R to discuss any concerns regarding the examination or post-examination symptoms.† R also provided a copy of Cís records which support Rís version of events and also show that C paid $78 for the exam.† The investigation did not reveal any evidence to support the allegations; therefore, IBOL recommends that the Board authorize closure.
A motion was made by Dr. Sorensen to accept the Bureauís recommendation and authorize closure for case I-OPT-2010-10. Seconded by Dr. White, motion carried.
I-OPT-2011-1 C alleged R wrote an inaccurate eyeglass prescription.† Investigation revealed that C was examined by R on 4/2/10 and was subsequently examined by an ophthalmologist on 7/7/10.† The difference in the eyeglass prescriptions was so great that C felt Rís prescription must have been wrong.† R informed the investigator that the difference in the prescriptions was because most optometrists use the minus cylinder style and ophthalmologists use the plus cylinder style.† In addition, R stated that since it had been 3 months between prescriptions he was not surprised in the difference with a pre-cataract person.† Rís records also reflect that C has high blood pressure.† The Board Chair reviewed the prescriptions and found that there is a little difference between the prescriptions but not great, and Cís high blood pressure could account for the difference.† The investigation did not reveal any evidence to support an allegation that R was grossly incompetent in this case; therefore, IBOL recommends that the Board authorize closure.
A motion was made by Dr. Sorensen to accept the Bureauís recommendation and authorize closure for case I-OPT-2011-1. Seconded by Dr. James, motion carried.
REPORTING TO DATA BANKS
Ms. Peel stated the Bureau currently reports discipline to the national practitioner data bank however, historically this hasnít included non-compliance for the continuing education requirement. Ms. Peel asked the Board to determine if this is more of an administrative issue or a health care issue. Following discussion, a motion was made by Dr. James to leave CE non-compliance as an administrative issue and not report violations to the databank. Seconded by Dr. White, motion carried.
OPEN BOOK EXAM
A copy of the revised open book exam by Dr. Sorensen and Dr. White was given to the members of the Board. Mr. Klein discussed the Boardís authority to give the exam. The sub-committee will look at making changes to with regard to Rule 275.02(c).
†A motion was made by Dr. Sorensen to adopt the latest version of the open book exam. Seconded by Dr. White, motion carried. Dr. Grill was designated as the Board Member who will grade the exams once they are received.†
Dr. James provided information to the members of the Board regarding changes the CAC is working on for health professionals which include the use of new techniques learned in a practical setting. This would be similar to a competence exam and would be implemented as a public protection tool.
Dr. James added it would allow a doctor to self-assess his skills. If they are not successful then remediation would be available and the CAC wants to keep this information anonymous.†
Dr. James stated this goes beyond the concept of continuing education requirements. Dr. White stated the easiest way to do this would be for a Board Member to make office visits, look at the doctorsí equipment, and chart what the findings are.
The Board discussed certification and competency. Dr. White stated it should be voluntary. Dr. James stated it should be required by everyone and that it should be handled on a statewide basis rather than on a national level. Dr. Sorensen stated that creating a test on its own would be expensive for the Board to do. Dr. James recommended the Board wait a few months while other states work on a program and then look at this again during a future meeting.
CORRESPONDENCE RE: BOARD CERTIFICATION
The Board reviewed an inquiry asking if they recognized certification in vision development and vision therapy and if it was okay for the doctor to advertise himself as such. A motion was made by Dr. James to direct Dr. White to respond to Dr. Lewis stating the need to clarify advertising and that as long the doctor includes what he is certified in (COVD) then he is not misrepresenting himself or being misleading. Seconded by Dr. Sorensen, motion carried.††
CORRESPONDENCE RE: CE CREDIT FOR OBSERVATION
The Board reviewed an inquiry asking if observation of surgeries would qualify towards meeting the CE requirement. Additional correspondence was reviewed by Ms. Fennel, ARBO, stating COPE does not give credit for observation courses. The Boardís current Rule allows for COPE and other courses as approved by the Board. Ms. Gilstrap to refer to Rule 300.03 when responding to Dr. Davis.
CORRESPONDENCE RE: CPR REQUIREMENT
The Board reviewed an inquiry asking if the Board would remove the CPR requirement from its Rules. Following discussion, the Board asked Ms. Gilstrap to respond to Dr. Sanderson stating the Board feels it is a necessary part of minimum competency and therefore will not propose to have it removed from its Rules.
CORRESPONDENCE RE: LATISSE/AOA LETTER
The Board reviewed an inquiry asking if doctors can prescribe Latisse as part of their scope. The Board asked Ms. Gilstrap to contact Dr. Weisel and state that yes, he is able to prescribe this medication.†
CORRESPONDENCE RE: PRESCRIPTIVE AUTHORITY
The Board reviewed an inquiry as part of a survey of state boards regarding their prescriptive authority, The Board asked Ms. Gilstrap to respond to the questions.
CORRESPONDENCE RE: ARBO LETTER FOR COPE DOCUMENTATION
The Board reviewed a letter sent by Ms. Fennell, ARBO, to state boards with a reminder that all certificates of CE attendance should contain both the COPE course number and COPE event number for attendance verification purposes. †
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. White. The vote was: Dr. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; and Dr. James, aye. Motion carried.
A motion was made by Dr. James to come out of executive session.† Seconded by Dr. White. The vote was: Dr. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; and Dr. James, aye. Motion carried.
ODP-100219 A motion was made Dr. Sorensen to approve the endorsement application for Gerald Cates. Seconded by Dr. James, motion carried.
ODP-100216 A motion was made Dr. Sorensen to approve the endorsement application for Tonya Ford. Seconded by Dr. James, motion carried.
ODP-100217 A motion was made Dr. Sorensen to approve the endorsement application for Edward Ford. Seconded by Dr. James, motion carried.
ATTENDANCE TO ARBO MEETING IN JUNE 2011
A motion was made by Dr.
James to approve the expenses for five members to attend the annual meeting in
NEXT MEETING was previously scheduled for February 25, 2011.
The Board also scheduled the following meeting for May 20, 2011. Dr. James will be unable to attend.
The Board reviewed CE audits/renewals.
A motion was made by Dr. Sorensen to adjourn the meeting at 10:40 a.m. Seconded by Dr. White, motion carried.
Jack G. Zarybnisky, O.D., Chair†††††††††††††††††††††† Robert Sorensen O.D.
Rodney L. White, O.D.††††††††††††††††††††††††††††††††††† Robert Grill, O.D.
Donald K. James, O.D.†††††††††††††††††††††††††††††††††††