A regular meeting of the New Jersey State Board of Optometrists was held at 124 Halsey Street, Newark on the 6th floor on Wednesday, February 18, 2009. Leonard Steiner, O.D., President of the Board, announced that pursuant to the Open Public Meetings Act notice of this meeting was prepared in the office of the Board and mailed out to the Secretary of State, the Attorney General, the Star Ledger, the Record, the Press of Atlantic City, the Asbury Park Press, and the Trenton Times. The meeting was called to order at 9:00 A.M. A roll call was taken and the following attendance was recorded:

PAUL BENT Present
GIGETTE COLLAZO HARFST, O.D. Present
RICHARD FAVREAU, O.D. Absent
MITCHELL FINK, O.D. Present
JOHN FLORIO, O.D. Present
LEONARD STEINER, O.D. Present

Also present were: CARMEN RODRIGUEZ, Deputy Attorney General; LISA PETROWSKI, Executive Director

I. Public Comment

II. Approval of Regular Session Minutes

A. January 21, 2009

A motion was made by Dr. Harfst and seconded by Dr. Fink to approve the January 21, 2009 Regular Session Minutes as amended. A vote was taken and the motion carried by a unanimous vote.

III. Election of Officers for 2009

Lisa Petrowski, Executive Director, took the chair to conduct the election of Board Officers for 2009.

Ms. Petrowski called for nominations for President and a motion was made by Dr. Steiner and seconded by Dr. Harfst to nominate Dr. Fink for President of the Board for 2009. Ms. Petrowski called for further nominations and there were none. Mr. Bent then made a motion, seconded by Dr. Harfst to close the nominations and elect Dr. Fink President of the Board by acclamation. The vote of the Board was unanimous.

Ms. Petrowski called for nominations for Vice President and a motion was made by Mr. Bent and seconded by Dr. Fink to nominate Dr. Harfst for Vice President of the Board for 2009. Ms. Petrowski called for further nominations and there were none. Dr. Fink then made a motion, seconded by Mr. Bent to close the nominations and elect Dr. Harfst Vice President of the Board by acclamation. The vote of the Board was unanimous.

Ms. Petrowski called for nominations for Secretary and a motion was made by Dr. Fink, seconded by Dr. Steiner to nominate Dr. Florio for Secretary of the Board for 2009. Ms. Petrowski called for further nominations and there were none. Dr. Steiner then made a motion, seconded by Dr. Harfst to close the nominations and elect Dr. Florio Secretary of the Board by acclamation. The vote of the Board was unanimous.

Dr. Fink took the Chair to continue the meeting.

IV. New Business

A. Letter from Lauren Bacharach, O.D.
RE: Minimum Examination and Minimum Equipment Dr. Steiner recused himself.

Dr. Bacharach inquired whether an optometrist can form a limited liability company. Dr. Bacharach also inquired if keratometry is required when examining patients in nursing homes and assisted living facilities and whether a tangent screen is required in these types of settings.

A motion was made by Dr. Florio and seconded by Dr. Harfst to advise Dr. Bacharach that an optometrist can form a limited liability company pursuant to N.J.A.C. 13:38-3.1. The Board will also advise Dr. Bacharach that an optometrist must comply with the minimum examination and minimum equipment regulations when prescribing eyeglasses and contact lenses. A vote was taken and the motion carried by a unanimous vote.

B. Letter from Lauren Bacharach, O.D.
RE: Practice Location
- From the January 21, 2009 Board Meeting

Dr. Steiner recused himself.

Dr. Bacharach inquired whether she could examine patients at nursing homes and assisted living facilities and maintain the patient records in an office at her home. Dr. Bacharach advised the Board that the office in her home would be secured by an alphanumeric code lock and all the equipment necessary for providing full eye examinations would be in portable form. Dr. Bacharach advised the Board that she is practicing part-time in one location and inquired whether her home office would require a branch office license.

A motion was made by Mr. Bent and seconded by Dr. Harfst to advise Dr. Bacharach that she can maintain the patient records in an office at her home and she must apply for a branch license for this additional office location. Dr. Bacharach will also be advised that because her office is in her home, she must consent to make her home address public information. A vote was taken and the motion carried by a unanimous vote.

C. Letter from Michael Levavi, O.D.
RE: Continuing Education

Dr. Levavi provided the Board with information concerning a 25 hour course he attended that was not pre-approved by the Board or approved by the Council on Optometric Practitioner Education (COPE) and asked whether the Board would accept these credits and allow him to count them towards his required 50 continuing education credits necessary for renewal.

A motion was made by Dr. Steiner and seconded by Dr. Harfst to request that Dr. Levavi provide additional information concerning this course such as a course outline and curriculum vitae of all the lecturers pursuant to N.J.A.C. 13:38-7.6(a)8. A vote was taken and the motion carried by a unanimous vote.

V. For Your Information

A. Notice from the New Jersey State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians RE: Cancellation of its February 11, 2009 Meeting

The Board reviewed the notice from the New Jersey State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians regarding the cancellation of its February 11, 2009 Meeting and considered it informational.

B. New Jersey Board of Medical Examiners’
February 11, 2009 Open Board Agenda

The Board reviewed the New Jersey Board of Medical Examiners’ February 11, 2009 Open Board Agenda and considered it informational.

C. New Jersey Board of Medical Examiners’
February 11, 2009 Open Agenda of Disciplinary Matters Pending Conclusion

The Board reviewed the New Jersey Board of Medical Examiners’ February 11, 2009 Open Agenda of Disciplinary Matters Pending Conclusion and considered it information.

D. New Jersey Board of Medical Examiners’
December 3, 2008 Open Board Minutes

The Board reviewed the New Jersey Board of Medical Examiners’ December 3, 2008 Open Board Minutes and considered them informational.

E. New Jersey Board of Medical Examiners’
December 3, 2008 Open Minutes of Disciplinary Matters Pending Conclusion

The Board reviewed the New Jersey Board of Medical Examiners’ December 3, 2008 Open Minutes of Disciplinary Matters Pending Conclusion and considered it informational.

Upon a motion made by Dr. Harfst and seconded by Dr. Florio, the Board voted to go into Executive Session to discuss the following matters involving investigations or violations of the Board’s enabling act, the Uniform Enforcement Act and/or Board regulations.

1. Two matters filed with the board which requires review and additional recommendations with regard to investigations and/or actions.

2. Three matters where additional information has been submitted to the Board concerning pending investigations.

VI. Adjournment

A motion was made by Dr. Harfst and seconded by Dr. Florio to adjourn the Regular Session Meeting at 2:00 P.M. A vote was taken and the motion carried by a unanimous vote.

Respectfully submitted,

Lisa Petrowski
Executive Director