IDAHO BOARD OF OPTOMETRY

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 12/19/2011 

 

BOARD MEMBERS PRESENT:  Rodney L. White, O.D. - Chair

                                                             Robert B. Grill, O.D.

                                                             Donald K. James, O.D.

                                                             Jack G. Zarybnisky, O.D.

                                                             Robert Sorensen, O.D.

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Roger Hales, Administrative Attorney

                                                            Jean Uranga, Board Prosecutor

                                                            Cherie Simpson, Management Assistant

                                                            Carrie Gilstrap, Technical Records Specialist II 

 

OTHERS PRESENT:                     Steven Davis

                                                            Kris Ellis

                                                            Erin Trimble, ISO

                                   

The meeting was called to order at 8:30 AM MST by Rodney L. White, O.D.

 

APPROVAL OF MINUTES

 

A motion was made by Dr. Zarybnisky to approve the minutes of August 24, 2011. Seconded by Dr. James, motion carried.

 

A motion was made by Dr. Zarybnisky to approve the minutes of November 21, 2011. Seconded by Dr. Grill, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report to the members of the Board.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. The current cash balance as of 7/31/2011 is $79,164.56. 

 

MEMORANDUM

 

OPT-2012-3 Ms. Uranga presented the memorandum to the members of the Board. Following discussion, the members provided her with their recommendations.

 

OPT-2012-1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER

 

A motion was made by Dr. Zarybnisky to approve the Findings of Fact, Conclusions of Law and Final Order as written. Seconded by Dr. Sorensen, motion carried.

 

OPT-2012-2 STIPULATION AND CONSENT ORDER

 

A motion was made by Dr. Grill to approve the Stipulation and Consent Order as written. Seconded by Dr. James, motion carried.

 

INVESTIGATIVE REPORT

 

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

 

I-OPT-2011-9 A motion was made by Dr. Sorensen to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Zarybnisky, motion carried.

 

COLLECTIONS

 

Ms. Peel discussed with the Board a request from the collection agency that handles past due disciplinary accounts. The collection agency asked if the Board would give the Bureau the authority to negotiate a settlement on any past due balances.  A motion was made by Dr. Grill to grant the Bureau the authority to allow the collection agency to negotiate settlement of a collections case to a minimum amount, and any potential settlement less than that amount of the original debt would be brought to the Board for review.  Seconded by Dr. Zarybnisky, motion carried.

 

OLD BUSINESS

 

NEGOTIATED RULE MAKING

 

Mr. Hales stated the Board needs to set a date and time which provides the public an opportunity to provide comments on the Board’s proposed rule changes. A motion was made by Dr. Zarybnisky to hold a session for public comment on March 5, 2012 at 1:00 PM. Seconded by Dr. James. Motion was withdrawn.

 

A motion was made by Dr. Zarybnisky to begin the negotiated rule making session at 10:00AM on March 5, 2012. Seconded by Dr. Sorensen, motion carried. The Board requested Bureau staff contact the Idaho Optometric Association, the Idaho Medical Association, the Board of Pharmacy, the Board of Medicine, the Division of Financial Management, and other interested parties to inform them as well.

 

NEW BUSINESS

 

ATTENDANCE TO THE ANNUAL ARBO MEETING

 

A motion was made by Dr. James to approve the expenses for Dr. Sorensen and Dr. Zarybnisky to attend the annual ARBO meeting in June 2012. Seconded by Dr. Grill, motion carried. 

 

EXECUTIVE SESSION

 

A motion was made by Dr. Grill 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. Zarybnisky. The vote was: Dr. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; Dr. Grill, aye; and Dr. James, aye. Motion carried.

 

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

 

APPLICATIONS

 

ODP-100237 A motion was made by Dr. James to approve the endorsement application for Dr. Steven Davis to practice with therapeutic privileges based upon the contents of his application file, his testimony, and verification from the state of Colorado. Seconded by Dr. Grill, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Dr. Grill 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. James. The vote was: Dr. Zarybnisky, aye; Dr. Sorensen, aye; Dr. White; Dr. Grill, aye; and Dr. James, aye. Motion carried.

 

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

 

ODP-100246 A motion was made by Dr. Grill to approve the examination application for Dr. Devin Amato. Seconded by Dr. Sorensen, motion carried.

 

ODP-100247 A motion was made by Dr. James to approve the endorsement application for Dr. Cache Crawford. Seconded by Dr. Zarybnisky, motion carried.

 

ODP-100245 A motion was made by Dr. James to approve the endorsement application for Dr. Robert Tovey. Seconded by Dr. Zarybnisky, motion carried.

 

 

NEXT MEETING was previously scheduled for March 5, 2012.

 

ADJOURNMENT

 

A motion was made by Dr. James to adjourn the meeting at 11:20 AM. Seconded by Dr. Zarybnisky, motion carried.

 

_________________________________      _________________________________

Rodney L. White, O.D., Chair                       Robert B. Grill, O.D.

_________________________________      _________________________________

Donald K. James, O.D.                                   Jack G. Zarybnisky, O.D.

_________________________________      _________________________________

Robert Sorensen O.D.                                     Tana Cory, Bureau Chief