The January meeting of the Board was convened in accordance with its notice to the Secretary of State, the Bergen Record, the Record of Hackensack, the Trenton Times, the Courier Post and the Star-Ledger and was conducted in accordance with the provisions of the Open Public Meetings Act.

President Cohen convened the meeting at 10:00 a.m. A roll call was taken and the following attendance was recorded for these minutes:

PRESENT: Linda Cohen, Joseph Grodman, Michael Higgins, Gary Iavarone, Jerry McMullian, and John Valeri, Esq.

EXCUSED OR ABSENT: NONE

PUBLIC ATTENDEES: Brian Thomas, Professor at Raritan Valley Community College

Also in attendance: Dorcas K. O’Neal, Executive Director, Susan Berger, Deputy Attorney General, and Monica Carrington, staff.

I. APPROVAL OF PUBLIC MINUTES

The Board reviewed the Public Session Minutes for December 10, 2008. On a motion by Michael Higgins, seconded by Joseph Grodman, the Minutes were unanimously approved as submitted.

II. OLD BUSINESS

NONE

III. APPRENTICE MATTERS-Commission on Opticianry Accreditation References: Board of Directors

a. The Board conducted a conference call with Ellen Stoner, Director of the Commission on Opticianry Accreditation at 11:00 a.m. President Cohen inquired as to the current status accreditation status of the COA. Ms. Stoner advised the Board that the COA is financed 50% by fees of the programs that are accredited and the other 50% are donations. Ms. Stoner advised that the COA is currently working on its accreditation. She also advised that Department of Education had advised COA that since it did not offer educational courses, it is not eligible to receive Department of Education accreditation. Therefore, COA is pursuing a different accrediting agency.

When asked if Lenscrafters and Luxottica made donations to the COA Ms. Stoner said no. She said all doners are listed on the website.

As to J. Sargent Reynolds, the Ophthalmic Program is distant learning. The school is accredited by the COA.

IV. STATUTES AND REGULATIONS

a. The Board reviewed N.J.A.C 13:33-5.1 Record of Prescription filled with Regulatory Analyst Chuck Manning. On a motion by John Valeri, seconded by Jerry McMullin, the Board unanimously voted to delete 13:33-5.9 Accuracy of Eyewear Dispensed and approved the rule as modified.

V. NEW BUSINESS

a. The Board reviewed the Division of Law Billing as informational.
b. The Board reviewed the meeting dates for 2009 calendar year. On a motion by Gary Iavarone seconded by Jay McMullin, the meeting dates for 2009 were approved.

VI. OTHER BUSINESS

There being is no other business to come before the Board in Public Session, on a motion by Gary Iavarone seconded by Michael Higgins the Public Session was adjourned and the Board convened in Executive Session for the purpose of receiving counsel, to review two consumer complaints and one matter of new business.

The Board reconvened in Public Session. The following disciplinary actions are being reported out in Public Session.

b. I/M/O Marc Alan Eichler - Respondent appeared before the Board in connection with reinstatement of his license to practice ophthalmic dispensing. In respondent’s reinstatement application, he advised the Board that he had engaged in recent substance abuse and that he was accepted into the Professional Assistance Program.

He is ordered to maintain absolute abstinence from all psychoactive substances including alcohol unless prescribed by a treating physician. Mr. Eichler agreed to the terms and conditions of the Consent Order and signed. The Consent Order was filed on January 9, 2009.

The next scheduled meeting is February 11, 2009. There being no other business to come before the Board, on a motion made and seconded the meeting was adjourned at 2:00 p.m.

Respectfully submitted,

Dorcas K. O’Neal
Executive Director