November 20-22, 2013 1203 Front Street Raleigh, North Carolina
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MINUTES North Carolina Medical Board November 20-22, 2013 1203 Front Street Raleigh, North Carolina 1 November 20-22, 2013 The November 20-22, 2013 meeting of the North Carolina Medical Board was held at the Board's Office, 1203 Front Street, Raleigh, NC 27609. Paul S. Camnitz, MD, President, called the meeting to order. Board members in attendance were: Cheryl L. Walker-McGill, MD, President-Elect; Pascal O. Udekwu, MD, Secretary/Treasurer; Ms. Thelma Lennon; Eleanor E. Greene, MD; Subhash C. Gumber, MD; Mr. Michael Arnold; Ms. H. Diane Meelheim, FNP; Debra A. Bolick, MD; Timothy E. Lietz, MD; Barbara E. Walker, DO; Mr. A. Wayne Holloman. Presidential Remarks Dr. Camnitz commenced the meeting by reminding the Board members of their duty to avoid conflicts of interest with respect to any matters coming before the Board as required by the State Government Ethics Act. No conflicts were reported. Minute Approval Motion: A motion passed to approve the September 18, 2013 Board Minutes, the October 17, 2013 Hearing Minutes. Instillation Ceremony and New Officers Oath Ms. Lennon administered the Oath of Office for President of the NC Medical Board to Dr. Paul S. Camnitz. Dr. Camnitz administered the Oath of Office for President-Elect to Dr. Cheryl L. Walker-McGill and Secretary/Treasurer to Dr. Pascal O. Udekwu. He also administered the Oath of Office to Dr. Debra A. Bolick, MD, Dr. Timothy E. Lietz, Dr. Barbara E. Walker, DO and Mr. A. Wayne Holloman as members of the NC Medical Board. Announcements 1. Dr. Walker-McGill gave a report on the “Learning Summit” she attended at the Center for Personalized Education for Physicians in Denver, Colorado on November 7 and 8, 2013. EXECUTIVE COMMITTEE REPORT Members present were: Paul S. Camnitz, MD, Chairperson; Cheryl L. Walker-McGill, MD; Pascal O. Udekwu, MD; Eleanor E. Greene, MD; and Mr. Michael J. Arnold. Also present were R. David Henderson (Executive Director), Hari Gupta (Director of Operations) and April F. Pearce, CPA (Comptroller). 1) Financial Statements a) Monthly Accounting The Committee reviewed the compiled financial statements for August and September 2013. September is the eleventh month of fiscal year 2013. Committee Recommendation: Accept the financial statements as reported. Board Action: The Board accepted the Committee recommendation. 2 November 20-22, 2013 b) Investment Account Statements The Committee reviewed the investment statements for September and October 2013. Committee Recommendation: Accept the investment statements as reported. Board Action: The Board accepted the Committee recommendation. 2) Old Business a) Property Update Mr. Harold Rich, Rich Commercial Realty (RCR), is assisting the Board with its search for a new office location. Mr. Rich met with the Committee to discuss his efforts in this regard. The next step in the property search is to identify the top three properties and engage an architectural firm to perform site studies on these to evaluate building options and feasibility for each property. Mr. John Kerr, York Properties, has been selected to assist the Board with its sale or lease of the current office location. Mr. Kerr met with the Committee to discuss his efforts in this regard. The next step is to enter into a listing agreement to formally engage Mr. Kerr and York Properties. Committee Recommendation: Accept as information. Board Action: The Board accepted the Committee recommendation. b) Task Tracker The Committee reviewed outstanding items on the Task Tracker report. Committee Recommendations: (1) Add training on the Medical Practice Act, Rules and Position Statements to the Task Tracker (to begin in January), (2) Instead of a strategic planning retreat, set aside time during Executive Committee meetings for strategic planning discussions, and (3) investigate appropriate benchmarks for key performance indicators. Board Action: The Board accepted the Committee recommendations. 3) New Business a) NCMB Bylaws The Board is undergoing a review of its Bylaws. Proposed changes are below. (APPENDIX I) Committee Recommendation: Table Board discussion until January 2014 to allow all Board members time to review the proposed changes. Board Action: The Board accepted the Committee recommendation. 3 November 20-22, 2013 b) Trustee Appointment The NC Medical Board offers two deferred compensation plans to its employees: a 401(k) retirement plan and a 457(b) retirement plan. The Committee reviewed resolutions which would add April Pearce, NCMB Comptroller, as an additional trustee to these plans. Committee Recommendation: Approve adding April Pearce as an additional trustee to the NCMB retirement plans. Board Action: The Board accepted the Committee recommendation. c) FTC v. Board of Dental Examiners Earlier this year, the Fourth Circuit Court of Appeals affirmed a FTC ruling that the Board of Dental Examiners (BODE) was subject to federal antitrust laws and that it engaged in anti-competitive activity by sending cease and desist letters to teeth-whitening companies. The BODE has asked the US Supreme Court to review the Fourth Circuit’s opinion. The NC Attorney General (AG) has decided to file an amicus brief in support of the BODE’s petition. Various NC occupational licensing boards (OLBs) might be asked to sign on as a party to the AG’s brief. Also, various OLBs have been asked to help with the cost of preparing the brief (which will be prepared by a private law firm). Committee Recommendation: Approve NCMB signing on as a party to the AG’s brief (subject to approval of NCMB attorneys) and contributing $2,500 to the cost of preparing the brief. Board Action: The Board accepted the Committee recommendation. d) FSMB Resolution – Collateral Consequences Roundtable On June 19, 2013, the Board held a Collateral Consequences Roundtable with numerous interested parties to discuss the consequences of public board actions relating to board certification, hospital privileging, employment, medical liability coverage, inclusion on insurance panels, and membership in professional societies. Ultimately, the Board produced a report which is posted on the Board’s website and which includes several recommendations - including submitting a resolution to the 2014 Federation of State Medical Boards (FSMB) House of Delegates. Staff submitted a proposed resolution for the Committee’s review. Committee Recommendation: Submit the proposed resolution to the 2014 FSMB House of Delegates. Board Action: The Board accepted the Committee recommendation. e) NCMB Review Panel Appointment The NCMB Review Panel was established to review candidates for positions on the Board and make recommendations to the Governor. The Review Panel consists of nine members including a public member of the Board. Ms. Thelma C. Lennon currently serves as the Board’s representative on the Review Panel and is eligible for reappointment. 4 November 20-22, 2013 Committee Recommendation: Reappoint Ms. Thelma C. Lennon to serve as the Board’s representative on the Review Panel for 2014. Board Action: The Board accepted the Committee recommendation. ATTORNEY’S REPORT A motion passed to close the session pursuant to Section 143-318.11(a) of the North Carolina General Statutes to prevent the disclosure of information that is confidential pursuant to Sections 90-8, 90-14, 90-16, 90-21.22 of the North Carolina General Statutes and not considered a public record within the meaning of Chapter 132 of the General Statutes and/or to preserve attorney/client privilege. The Board’s attorneys gave a report and advice regarding two non-public attorney-client privileged matters. A motion passed to return to open session. POLICY COMMITTEE REPORT Committee Members: Dr. Udekwu, Chairperson; Mr. Arnold, Dr. Walker-McGill and Ms. Lennon Staff: Todd Brosius and Wanda Long 1. Old Business a. Position Statement Review i. Departures from or Closings of Medical Practices (APPENDIX A) Committee Discussion: Dr. Camnitz reported that he and Ms. Hemphill are in the process of gathering information and hope to be able to report to the Committee in January whether there is a need for a Task Force study of the issue. Dr. Kirby reported that he receives numerous calls from employed physicians trying to determine what their obligations are when they change practice locations. Committee Recommendation: Table matter until January 2014 matter. Board Action: Approve the Committee Recommendation. 1. Old Business: b. Private Letters of Concern (PLOC) (APPENDIX B) Committee Discussion: The Committee discussed the letters approved by the licensing committee that address concerns related to Administrative Medicine, Scope of Practice, Telemedicine. Committee Recommendation: Close matter as it has been addressed by Licensing Committee. Board Action: Approve the Committee Recommendation. 5 November 20-22, 2013 2. New Business: a. Position Statement Review (APPENDIX C) Committee Recommendation: (Loomis/Camnitz) Adopt a 4 year review schedule as presented. All reviews will be offered to the full Board for input. Additionally all reviews will be documented and will be reported to the full Board, even if no changes are made. Board Action: Adopt the recommendation of the Policy Committee. 2. New Business: a. Position Statement Review i. Telemedicine (APPENDIX D) Committee Discussion: Mr. Arnold reported on the developments by FSMB’s SMART group regarding a telemedicine policy statement. The SMART group is seeking comments from licensing boards by December 6 and are hoping to have an approved version prior to the FSMB’s annual meeting in April 2014. Dr. Udekwu discussed the need for the Board to give the FSMB direction regarding topics such as scope of practice and the need to have studies that demonstrate the effectiveness of telemedicine in particular instances. Dr. Udekwu commented on the pending legislation, the focuses on easing the licensing burden, reducing the need for face to face encounters. It was also noted that federal legislation is beginning to blur the jurisdictional boundaries regarding licensure requirements as they apply to telemedicine. Committee Recommendation: Request full Board to review the FSMB’s draft of policy on telemedicine so that the Board can give targeted input by the December 6 deadline.