RECORD OF PROCEEDINGS STATE BOARD OF OPTOMETRY EMERGENCY MEETING MINUTES January 29, 2016 Notice oftllis meeting was given in accordance with Division of Professions and Occupations Policy Number 80-17 CONVENE The meeting of the State Board of Optometry was convened telephonically in the Civic Center Plaza Building, 1560 Broadway, Suite 1350, Denver, Colorado 80202, at 1:00PM, by William Waldman, O.D., Professional Member, Board Vice-President. Present via conference call, in addition to William Waldman, O.D., Professional Member, Vice-President, were Board Members: Alison House, O.D., Professional Member Alpa Patel, 0.0., Professional Member
Penny Lonergan, Public Member Carolyn E. Vitale, Public Member
Board Members unable to attend: Parker Call, O.D., Professional Member Paul Conkling, Professional Member, President Staff present: Karen McGovern, Acting Program Director Jody Haskins, Assistant Attorney General Wunpenn Zaborek, Office of Investigation Investigator
Lorraine Lucero, Program Manager Janeel Williams, Program Assistant
NEW BUSINESS Agenda Item #1 Paul Conkling, O.D. Case Number 2015-5115 After careful consideration of the information provided, a motion was made, seconded and carried to refer this case to Executive Session to discuss the legal basis for potential disciplinary action. Upon returning to Open Session, the Board found that there are objective and reasonable grounds, upon a full investigation, that the public health, safety or welfare imperatively requires emergency action pursuant to Colorado Revised Statutes Section 24-4-104(4)(a) and a motion was made, seconded, and carried to summarily suspend Dr. Conkling's license to practice optometry in the state of Colorado because objective and reasonable grounds exist to believe, and the Board so found, that this license is in violation of Section 12-40-118(1 )(m)(hh), C.R.S. The Board hereby authorized DORA staff and the Office of the Attorney General to seek and to obtain a result within five business days. In the event that a result is not reached within five business days, the case shall be referred to the Office of the Attorney General for disciplinary proceedings. EXECUTIVE SESSION At I :06 PM, Professional Board Member, Vice President, William Waldman, O.D., asked for a motion that the Board enter into executive session for the purpose of discussing with counsel disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, and receiving legal advice on specific legal questions, pursuant to Colorado Revised Statutes Section 24-6-402 (3)(a)(ll), including:
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The legal basis for potential disciplinary action, and, where warranted, recommended settlement guidance for matters discussed in open session today and referred for discipline and discussion in executive session, specifically: Paul Conkling, O.D. - Case Number 2015-5115
There was a motion, which was seconded. The vote was unanimous with at least two-thirds of the membership of the Board approving the motion to go into executive session and none opposing. By unanimous agreement, the Board exited Executive Session at I :24 PM and reconvened in Open Session.
ADJOURN The Board formally adjourned the meeting at I :26 PM. Pursuant to section 24-6-402(2)(d.5)(l)(B), C.R.S., as Board Vice-President, I attest that the Executive Session of the State Board of Optometry meeting held on January 29, 2016, was confined to the topics authorized for discussion pursuant to section 24-6-402(3)(a)(II), C.R.S.
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State Board of Optometry Open Minutes January 29,2016 Page 2 of2
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