Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 


Board Meeting Minutes of 2/25/2011 


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

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Grill, O.D.


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


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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Administrative Support Manager

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marcie McGinty, Appeals Hearing Coordinator

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cherie Simpson, Management Assistant

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


OTHERS PRESENT:†††††††††††††††††††† Larry Benton

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Erin Oí Neill, Idaho Society of Ophthalmology


The meeting was called to order at 8:35 AM MST by Jack G. Zarybnisky, O.D.




A motion was made by Dr. White to approve the minutes of December 3, 2010 Seconded by Dr. Sorensen, motion carried.




Ms. Cory presented the legislative report to the members of the Board. There were no legislative changes this session; however, there is a bill being presented to change the process for nominating Board appointments. She stated the bill would be a cost-saving measure for the Board. Mr. Benton also gave a brief overview of the proposed bill.




Ms. Hall presented the financial report to the members of the Board. The current cash balance as of 1/31/2011 is $82,470.90.




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


I-OPT-2011-2 C alleged R (1) refused to provide an eyeglass prescription and (2) instructed C to use an antimicrobial hand soap (similar to Gold Dial) prior to inserting the trial contact lenses, when the antimicrobial hand soap contains Triclosan, which is under review by the FDA.Investigation revealed that on 1/14/11 C was seen by R for an exam and trial of multifocal contact lenses.Later the same day, C sent R an e-mail stating that he neglected to pick up a copy of his prescription and asked R to e-mail it to him.On 1/18/11 R responded to Cís e-mail and informed C that both the contact lenses and eyeglass prescriptions would be provided at Cís follow-up appointment.C responded by stating that he decided not to wear the contacts and wanted to go with the eyeglasses.On 1/20/11 R responded to Cís e-mail and stated that he should wear the lenses to his appointment that day so R could take a look at the issues.R informed C that other brands and types of contacts were available before C gives up on contact lenses, but if C still wanted to go with eyeglasses ďwe can do that as well.ĒC responded by stating that he wanted to try to Proclear 1 Day lenses, but wanted the prescription for the eyeglass so that he could order some glasses.R responded approximately two hours later and provided a copy of the eyeglass prescription, and let C know that R ordered some Proclear 1 Day samples for C to try.R informed the investigator that it is his procedure to not release contact prescriptions until the follow-up appointment and at that time eyeglass prescriptions are also provided.R stated that once it was clear that C was not going to return for a follow-up appointment for the contacts, R e-mailed the eyeglass prescription as requested.As to the soap, R stated that he always tells patients that they need to wash and rinse their hands well prior to touching contacts, and if they are going to use soap similar to Dial Gold, they need to rinse very well as sometimes residue will remain on their hands.R stated that it is his routine to discuss the use of antimicrobial hand soap to reduce the risk of eye infection.C informed the investigator that he was told to wash with the soap, but that the soap cannot be considered ďgentleĒ as recommended by contact manufacturers.The investigation did not reveal any evidence that R was grossly incompetent or refused to provide the eyeglass prescription; 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.




Mr. Klein distributed copies of the Idaho Medical Associationís proposed Healthcare Transparency Act. The Board discussed the Act. The Act says itís intended to protect consumers from potentially misleading healthcare advertising. The Act requires practitioners to not engage in misleading advertising as defined in the Act. Among other things, it requires practitioner advertising to disclose the practitionerís license type and to not offer services beyond the practitionerís licensed scope of practice. The Act empowers the Board to discipline licensees who violate the Act, and it empowers the Board and other agencies to go to court to enforce the Act. The Board discussed the Actís potential impact on the Board. Any concerns about the extent to which the Act may impact the profession would be better addressed by the professionís Association.


Mr. Benton added this is an unnecessary bill and stated if thereís not a problem then there will not be a solution.






Mr. Hales approached the members of the Board. He stated he, along with Dr. Zarybnisky and Dr. White, had met as a sub-committee to discuss any proposed law and/or rule changes to be presented during next yearís legislative session.Mr. Hales gave the members of the Board an overview of the changes discussed. The Board accepted the proposals and asked to further discuss the continuing education (CE) requirement; as Bureau staff is working on simplifying the CE process.




Mr. Benton announced there will be an eight (8) hour seminar that is approved by the Council on Optometric Practitioner Education (COPE) and is to be held on February 26, 2011. He encouraged all doctors to attend. Additionally, he stated he appreciated the Boardís sponsorship to fund this education session.




Mr. Klein stated the Board has the authority to access the database and verify attendance at any time. Dr. Sorenson stated they could ask the Association to encourage doctors to utilize the OE tracker system and then allow time for them to begin utilization of this system before the Board implements this as a requirement. Dr. White stated that ARBO still has issues to work out within its database.




Discussion was held regarding the process for grading the open book examinations received by new applicants. A motion was made by Dr. Sorensen to delegate this task to Ms. Gilstrap. Seconded by Dr. Grill, motion carried.






A motion was made by Dr. Sorensen to amend the meetingís agenda and add discussion of the ARBO scholarships; as this was received on the day prior. The scholarships are awarded on a first come first serve basis.Seconded by Dr. White, motion carried.


Following discussion, a motion was made by Dr. Sorensen to have Ms. Gilstrap petition ARBO for the scholarship funds to assist the Board with the expense for attending this yearís annual meeting. Seconded by Dr. Grill, motion carried.††




The Board reviewed a letter from ARBO asking for state board responses to topics including continuing competence and board certification. Following discussion, a motion was made by Dr. Sorensen to have Ms. Gilstrap respond to this letter. Seconded by Dr. White, motion carried.




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




The Board discussed a letter received by the Washington Board of Optometry requesting clarification to ensure qualifications for licensure in this state are substantially equivalent to what Washington requires. A copy of the Bureauís response to the initial public records request was also provided to the Board.


A motion was made by Dr. White to respond to Washington, provide them with a copy of I.C. 54-1501 and Rule 600. If there is a question as to it being substantially equivalent, then request Washington submit a response to the Board stating its reasoning for not seeing equivalency. This letter is to be reviewed and signed by the Board Chair. Seconded by Dr. Sorensen, motion carried.


NEXT MEETING is scheduled for May 20, 2011 and the Board scheduled another meeting for August 24, 2011.




A motion was made by Dr. White to adjourn the meeting at 11:30AM. Seconded by Dr. Grill, motion carried.


_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

Rodney L. White, O.D.††††††††††††††††††††††††††††††††††† Donald K. James, O.D.

_________________________________†††††† _________________________________

Tana Cory, Bureau Chief††††††††††††††††††††††††††††††††† Robert Grill, O.D.