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Information About the NCVMB

THE NORTH CAROLINA VETERINARY MEDICAL BOARD — WWW.NCVMB.ORG   (ncvmb@attglobal.net) 
formerly the North Carolina Board of Veterinary Medical Examiners (1903-1961) was created by Article 11 of Chapter 90 of the General Statutes, G.S. §§ 90-179 through 90-187.5.

"In order to promote the public health, safety and welfare by safeguarding the people of this State against unqualified or incompetent practitioners of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this Article." (G.S. 90-179, Purpose of Article).

Among other powers, the Board is authorized to establish the criteria for licensing veterinarians in this state; to issue, renew, deny, suspend or revoke veterinary licenses; to investigate and punish violations of the Veterinary Practice Act; and to inspect all facilities in which veterinary services are dispensed. G.S. §§ 90-185 and 90-187.


The NCVMB  is comprised of eight appointed members.  Complementing the Board are its executive director, assistants to the executive director, attorneys, facilities inspectors and investigator.

The NCVMB receives no tax funds.  Instead, it is statutorily permitted to collect moneys from those it regulates — veterinarians and registered veterinary technicians —  and to spend those revenues to regulate the practice of veterinary medicine for the State. However, these moneys are state funds per G.S. § 143-1 and as such are governed by the laws of the State of North Carolina.

Although a State regulatory and occupational licensing board, the NCVMB is an "independent agency". This is despite its existence, duties and responsibilities being mandated by the State

The North Carolina Veterinary Practice Act prescribes the rules, regulations and statutes governing the NCVMB and the practice of veterinary medicine in North Carolina. View information about the N.C. Veterinary Practice Act.

The NCVMB should not be confused with the NCVMA — North Carolina Veterinary Medical Association. The NCVMA is a professional/trade organization that represents the interests of veterinarians. Both are located at 1611 Jones Franklin Road, Raleigh, NC — the NCVMB is in suite 106; the NCVMA is in suite 108. Only the NCVMB has the authority to discipline licenses of veterinarians, registered veterinary technicians and others.

According to the minutes of the July 11, 2008 NCVMB meeting, the Board unanimously passed a motion to establish a new administrative policy for the Executive Director to process complaints more efficiently by limiting the initial complaint and doctor's response to five typed pages and the client's reply to the doctor's response to one page. View the NCVMB's summary page on filing a consumer complaint.

Information about complaints and disciplinary actions date back to 1903. The entire complaint files are public record and can be obtained from the North Carolina Veterinary Medical Board for a fee.


2011 - 2012 NCVMB MEETINGS
See http://www.ncvmb.org/assets/History.htm for potential revisions.
January 28, 2011
April 1, 2011
June 10, 2011
August 11, 2011
November 3, 2011
February 3, 2012
       


CURRENT BOARD MEMBERS AND STAFF - OFFICERS FOR THE YEAR JULY 1, 2011 THROUGH JUNE 30, 2012
See also: www.ncvmb.org/assets/Board.htm and www.ncvmb.org/assets/Staff.htm
J. Linwood Jernigan, DVM President Appointed 2002 - 2012 Summerfield
Richard W. Hawkins, DVM Vice-President Appointed 2003 - 2013 Durham
Damte R. Martin, DVM Secretary-Treasurer Appointed 2005 - 2014 Jacksonville
Dwight E. Cochran, DVM Member Appointed 2011 - 2016 Apex
Kim D. Gemeinhardt, DVM Member Appointed 2010 - 2015 Germantown
David T. Marshall, DVM Member Appointed 2000 - revolving Raleigh
Mrs. Katie Owen Morgan Public Member Appointed 2008 - 2011 Lillington
Nancy K. Robinson, RVT Member Appointed 2003 - 2011 Sanford
Mr. Thomas M. Mickey Executive Director, tmickey@attglobal.net, tmickey@ncvmb.org
Ms. Crystal D. Bulla Complaint Coordinator
Stephanie Practice Facility Coordinator
Ms. Janice A. Schoew Licensing Coordinator
Benjamin J. Turner, DVM Practice Facilities Inspector and former Board Member
Timothy T. Emery, DVM Practice Facilities Inspector
Mr. Kenneth Wheeler Board Investigator
Mr. George G. Hearn Board Attorney - Johnson, Hearn, Vinegar, Gee & Glass, PLLC
Mr. P. Lee Craven, III Board Attorney - Johnson, Hearn, Vinegar, Gee & Glass, PLLC


PAST BOARD MEMBERS SINCE 1995    * Resigned
Mitchell K. Barnes, DVM ????  - 1995 Hampstead
E. Clinton Lowry, DVM ????  - 1995 Gastonia
George C. Edwards, DVM ????  - 2000 Raleigh
Mrs. Nellie P. Jones - Public Member 1991 - 2001 Winston-Salem
David E. Brooks, DVM 1992 - 2002 Pembroke
Ms. Rebecca A. Bruton - Public Member* 2002 - 2003 Surf City
Joseph K. Gordon, DVM 1993 - 2003 Raleigh
Kenneth R. Padgett, DVM 1994 - 2005 Jacksonville
Herbert A. Justus, DVM 1995 - 2005 Saluda
Amy J. Lewis, DVM 1996 - 2007 Raleigh
Ms. Amy J. Edwards - Public Member* 2003 - 2008 Raleigh
Susan K. Bull, DVM 2005 - 2010 Waynesville
Michael G. Davidson, DVM 2006 - 2011 Raleigh


NCVMB ANNUAL REPORTS   Provided as a public service of aligus.com

N.C.G.S. § 93B-2 was rewritten and signed into law July 10, 2006 requiring occupational licensing boards to annually file certain information with the Secretary of State, Attorney General, and the Joint Legislative Administrative Procedure Oversight Committee. The annual report mandated in N.C.G.S. § 93B-2(a) and the annual financial statement in N.C.G.S. § 93B-2(b) shall be filed no later than October 31 for each year. The reports are open to public inspection per N.C.G.S. § 93B-2(c).

See also: Revenues and Expenditures for 1994 - 2010


MINUTES OF THE NCVMB    Provided as a public service of aligus.com
 2008 
-


 DISPOSITION OF COMPLAINTS — Data derived from the Minutes of the NCVMB
 

Dismissed/
Withdrawn

Letter of
Caution

Letter of
Reprimand

Fine*

CE

Suspend

Revoke/
Surrender

Hearing
Notice/
Consent
Offer

Hearing

Consent Order

Continued

Changed**

1995
25
9
4
-
-
-
-
-
-
-
-
-
1996
26
9
5
-
-
-
-
-
1
-
4
-
1997
36
13
6
1
-
-
-
-
-
1
2
2
1998
22
9
10
5
-
-
-
-
-
-
1
-
1999
29
12
4
2
1
1
-
3
-
2
0
.
2000
32
13
5
-
-
-
-
-
-
2
4
-
2001
25
13
12
3
-
-
-
3
1
3
1
-
2002
27
18
12
7
5
-
-
-
 
2
1
-
2003
33
9
18
7
1
1
-
1
1
2
1
2
2004
34
18
12
9
7
1
-
-
-
-
2
2
2005
37
23
16
11
4
-
-
-
-
-
1
5
2006
48
20
6
-
-
-
-
-
   
6
2
2007
38
 12
9
4
3
-
-
-
-
3
2
4
2008
40
12
10
1
-
-
-
-
-
-
1
4
2009
28
16
5
2
1
-
-
1
-
2
1
3
2010
42
18
9
3
-
-
-
3
-
-
1
2011†
16
6
4
-
-
-
2‡¥
2
-
3‡¥¬
1
3

†  As reported through the August 11, 2011 Minutes

± [From the 11-3&4-2010 NCVMB Minutes ]  "Because of scheduling conflicts, the administrative hearing involving Dennis K. Johnson, D.V.M., has been rescheduled for February 17 and 18, 2011."

‡  [From the 1-28-2011 NCVMB Minutes]  "2010057-6  Rachel Susan Easterly, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would indefinitely suspend her veterinary license and she would be given an opportunity to appear before the Committee for possible modification of the Consent Order when she is released from incarceration." [From the 4-1-2011 NCVMB Minutes] "2010057-6  Rachel Susan Easterly, DVM - NCVMB | Previously the Committee found probable cause of violation by Dr. Easterly of the Veterinary Practice Act and Board Rules and reported to the Board in January a recommendation that the case be resolved with a Consent Order indefinitely suspending her license, provided that, upon her release from incarceration, she would be given the opportunity to appear before the Committee and the Committee might consider modification of the Order. The Committee thereafter received additional information and on April 1 reconsidered its recommendation. It now proposes that she be offered a Consent Order that would revoke her license because of an additional apparent statutory and rule violations."

¥  [From the 1-28-2011 NCVMB Minutes ]  "2010058-6  Richard E. Keeton, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would revoke his veterinary license. [From the 4-1-2001 NCVMB Minutes] "2010058-6  Richard E. Keeton, DVM - NCVMB | The Committee presented to the Board the Consent Order signed by Dr. Keeton through which he voluntarily surrenders his veterinary license. Dr. Davidson made a motion, seconded by Dr. Hawkins, that the Board approve the Order and authorize the Executive Director to sign it on behalf of the Board. The motion passed unanimously."

¬  [From the 4-1-2011 NCVMB Minutes]  "2010055-9  David Alan Conde, DVM - (West Hills Veterinary Centre, Inc.) - Ms. Mary E. Edwards | Probable cause found; propose Consent Order."



* FINES ISSUED — Data derived from the Minutes of the NCVMB
 
$250
$300
$500
$600
$750
$1000
$1200
$2500
$3000
$5000
1995
-
-
-
-
 
-
-
-
-
-
1996
-
-
-
-
 
-
-
-
-
-
1997
-
-
-
-
 
-
-
-
1
-
1998
-
-
3
-
 
2
-
-
-
-
1999
-
-
-
-
 
1
1
-
-
-
2000
-
-
-
-
 
-
-
-
-
-
2001
-
-
-
1
 
1
-
-
1
-
2002
-
-
5
-
 
-
-
1
-
-
2003
-
1
4
-
 
-
-
-
-
2
2004
-
-
8
-
 
1
-
-
-
-
2005
1
-
8
-
 
3
-
-
-
-
2006
-
-
-
-
 
-
-
-
-
-
2007
-
-
2
-
1
-
-
-
-
-
2008
-
-
-
-
-
1
-
-
-
-
2009
2
-
-
-
-
-
-
-
-
-
2010†
-
1
1
-
-
-
-
1
-
-
2011
-
-
-
-
-
-
-
-
-
-
† As reported through the August 11, 2011 Minutes


** CHANGED, ETC. DISCIPLINARY ACTIONS — From the Minutes of the NCVMB 1995-2011
96017-1-7 1-24-1997 The Committee reviewed this case at the last meeting (10-4-1996) and issued Dr. Benson [Bradley K. Benson] a letter of Reprimand . After meeting with Dr. Benson the Committee determined that a Letter of Reprimand was not warranted. The Committee recommended that a Letter of Caution be issued instead. The full Board agreed with the Committee's decision.
96032-1-1 4-25-1997 Reconsidered from the January 1997 meeting in which Dr. Dowler [John E. Dowler] was to be issued a Letter of Reprimand. After reconsideration the Committee issued a Letter of Caution.
02035-1-7 1-22-2003 A Letter of Caution was issued at a previous Board meeting (11-4-2002). Dr. Goho [Harvey A. Goho]. has since requested reconsideration of the disciplinary action. The case has been continued pending an additional response from Mr. Forshey.
02035-1-7 4-4-2003 Reconsideration requested by Dr. Goho. Following a review the Committee determined that its previous decision (11-4-2002) to issue a Letter of Caution should stand.
01023-2-1 6-18-2003 Kevin A. Monce, D.V.M. (Complaint by the Board) - This complaint has been previously closed by issuing a Letter of Caution (11-1-2001). Following the review of additional information the Committee made a determination to issue a second disciplinary action, Letter of Reprimand.
02045-1-7 11-6-2003 Bruce Simmons, D.V.M. - The Board discussed possible hearing dates of January 21, 22, or 23. No further action was taken.
02045-1-7 6-24-2004 Following receipt of new information from Dr. Simmons [Bruce Simmons] the Committee recommended that the previous decision to issue a Letter of Reprimand (4-4-2003 Letter of Reprimand and $5000 civil monetary penalty) be rescinded and instead a Letter of Caution be issued.
01023-2-1 6-24-2004 The Committee on Investigations No. 1 recommended that a Letter of Reprimand previously issued (6-18-2003) to Kevin Arthur Monce, D.V.M. to resolve complaint no. 01023-2-1 be retracted as the result of new information.

04040-2-1
04047-2-7

 

1-14-2005 The Board discussed issues relating to practice owners, not individuals, partnerships or corporations. Following discussion. Committee No. 7 recommended to the Board that the disciplinary decisions of November 4, 2004 against Fernando Cardenas, DVM, complaint no. 04047-2-7 (Letter of Reprimand, $500.00 civil monetary penalty, 20 additional hours of continuing education), and Benjamin L. Jones, DVM, complaint no. 04040-2-1 (Letter of Reprimand, $500.00 civil monetary penalty, 20 additional hours of continuing education), be dismissed.
04045-2-7 4-8-2005 Larry K. Watts, DVM (Complaint by the Board) -The Committee reconsidered it previous decision (11-4-2004) to issue a Letter of Reprimand and Civil Monetary Penalty ($500.00) [sic 11/4/2004 Minutes also state 20 additional hours of continuing education]. The Committee recommends that a Letter of Caution be issued instead. The Board will initiate a complaint on the facts of the complaint against the former co-owner of the practice, James P. Cartner, D.V.M.
02054-2-8 4-8-2005 Robert Jeffrey Krawcczyk, DVM and Jeffrey D. Courville, DVM (Complaint by the Board) - The Committee reconsidered its previous decision to issue a letter of reprimand (11-6-2003). Following reconsideration the Committee recommended that a letter of caution be issued.
04062-1-1 6-20-2005 The Committee reconsidered its previous decision to issue Dr. Manino [Paul Martin Manino] a letter of caution (4-8-2005), and upon reconsideration, changed its decision to a finding of no probable cause. The original decision with respect to Dr. Concannon [Kevin Thomas Concannon] , to dismiss upon a finding of no probable cause, remains the same.
05030-1-7 11-3-2005




1-13-2006
The Committee previously decided at its last meeting (8-26-05) to dismiss the case against Dr. Wheeler [Melissa Jean Wheeler] with a finding of no probable cause and to issue a letter of reprimand against Dr. Barker [Timothy F. Barker] [sic - 8-26-05 Minutes state letter of caution]. The Committee reached a decision to withdraw both decisions and to continue the case until its next meeting.

The portion of the complaint against Dr. Barker is dismissed. Dr. Wheeler is to receive a letter of caution.
05039-1-7 11-2-2006 Dennis Kay Johnson, D.V.M. - The Committee reconsidered its previous decision (11-3-2005) to issue a letter of reprimand and civil monetary penalty ($500.00.) The decision is to issue a letter of caution.
2006019-2 11-2-2006 Joel M. Barden, Jr., D.V.M. - The Committee reconsidered its previous decision (8-18-2006) to issue a letter of reprimand and civil monetary penalty ($750.00). The decision is to issue a letter of caution.
2005061-7 3-30-2007 Dennis Kay Johnson, D.V.M. - The Committee reconsidered its previous decision (3-31-2006) to issue a letter of caution and instead dismissed the complaint with a finding of no probable cause.
2005055-7 3-30-2007 In response to Dr. Dienhart's [Gerald Bruce Dienhart] request for a Administrative Hearing, the Committee reconsidered its previous decision (1-13-2006) to issue a letter of reprimand. Following its review the Committee's decision is to not change its decision to issue a letter of reprimand. The disciplinary letter will be re-issued with clarifying language.
05035-1-7 3-30-2007 Mr. Hearn reported that Dennis Kay Johnson, DVM has withdrawn his request for an Administrative Hearing concerning the complaint, 05035-1-7, filed against him. He had agreed to enter into a consent order. The disciplinary action will be a letter of reprimand and $500.00 civil monetary penalty [note: instead of a letter of reprimand and $1,000 civil monetary penalty voted on 11-3-2005].
2006071-2 11-1-2007 Richard L. Cotton, D.V.M. The Committee reconsidered its previous decision to issue a letter of caution [voted on 3-30-2007] and determined that the complaint should be dismissed with a finding of no probable cause.
2007003-5 2-8-2008 Steven A. Walker, DVM. The committee reconsidered its previous decision [6-28-2007] to dismiss the complaint. Following reconsideration, the committee issued a disciplinary action, a letter of caution.
2006020-2 4-11-2008 Susan Michele Rohrer, D.V.M. (complaint of the Ms. Mary V. Diemer) - At the request of Dr. Rohrer the committee reconsidered its previous decision of issue a letter of reprimand [voted on 8-24-07; the 8-24-07 Minutes also reported a $1000 civil monetary penalty in addition to the Letter of Reprimand]. Following the reconsideration, the committee dismissed the complaint with a finding of no probable cause.
2007014-2 4-11-2008 Ruston Wayne Howell, D.V.M. (complaint of the Mr. Scudday W. Sullivan) - At the request of Dr. Howell the committee reconsidered its previous decision of issue a letter of reprimand. Following the reconsideration, the committee dismissed the complaint with a finding of no probable cause. [NOTE: the June 28, 2007 Minutes state: "2007014-2  Robert Christian Ford, D.V.M. & Ruston Wayne Howell, D.V.M. (complaint of Mr. Scudday W. Sullivan) - The portion of the complaint against Dr. Howell is dismissed, with a finding of no probable cause. The portion of the complaint against Dr. Ford is disciplinary, with a finding of a letter of reprimand."]
2007026-2 7-11-2008 Trenna Luise ManWarren, DVM (complaint of the Board) - The Committee reconsidered its previous decision [11-1-2007] to dismiss the complaint and instead [recommended] a letter of caution.
2008013-5 1-23-2009 Stanislaw Naruszewicz, LW & Matthew Kurtz Wendelken, DVM (complaint of Ms. Caroline Cameron) - The Committee reconsidered the previous decision to dismiss the complaint with a finding of no probable cause. The Committee dismissed the portion of the complaint against Dr. Wendelken and issued a letter of caution to Dr. Naruszewicz.
2008031-5  1-23-2009 Stanley Kent Robinson, DVM (complaint of Ms. Stacie Linnette Rash) - The Committee reconsidered the previous decision to issue a letter of caution and instead issued a letter of reprimand.
2008048-2 [sic]
[2008024-2 per 11/5&6/08 Minutes]
3- 19&20-2009 George R. Silver, Jr. DVM (complaint of Ms, Eileen L. Kerlin) - The Committee, at the request of legal counsel, reconsidered its previous decision to issue a letter of caution. The Committee then found a finding of probable cause and dismissed the complaint [sic].
2009038-5 11- 3&4 -2010 Amanda Ardente, DVM & Rae Hutchins, DVM (NCSU, CVM) - Mr. & Mrs. George Michaels | Dr. Ardente, Dismissed - no probable cause (reconsidered); Dr. Hutchins, Letter of Caution (reaffirmed). [Note: the 4-16-2010 NCVMB Minutes state: "2009038-5  Amanda Ardente, DVM and Rae Hutchins, DVM (NCSU CVM) - Mr. and Mrs. George Michaels | Letter of Caution."]
2010033-5 1-28-2011 James Buck Clark, DVM - Mr. & Mrs. Michael Williams | Upon reconsideration Dismissed, no probable cause. [Note: the 8- 24&25 - 2010 NCVMB Minutes state: "2010033-5  James Buck Clark, DVM - Mr. & Mrs. Michael Williams | Letter of Caution."
2010057-6 4-1-2011 Rachel Susan Easterly, DVM - NCVMB | Previously the Committee found probable cause of violation by Dr. Easterly of the Veterinary Practice Act and Board Rules and reported to the Board in January a recommendation that the case be resolved with a Consent Order indefinitely suspending her license, provided that, upon her release from incarceration, she would be given the opportunity to appear before the Committee and the Committee might consider modification of the Order. The Committee thereafter received additional information and on April 1 reconsidered its recommendation. It now proposes that she be offered a Consent Order that would revoke her license because of an additional apparent statutory and rule violations."
2010023-5 8-11-2011 Dennis Kay Johnson, DVM (Greenville Veterinary Hospital) - Ms. Shannon L. Nichoals - The Committee reconsidered its previous decision to issue a letter of reprimand [Note: in the August 24-25, 2010 NCVMB Minutes] and instead voted to issue a letter of caution.

 

REGULATORY REFORM ACT OF 2011


Click here to view the North Carolina Veterinary Medical Board's Report Required by Section 57, Senate Bill 781 (SL2011-398)

 

On July 25, 2011, the Regulatory Reform Act of 2011 became law. It includes changes to N.C. statutes affecting state agencies, boards and commissions. Some new provisions that apply to the North Carolina Veterinary Medical Board (NCVMB) are:

PART I — RULE MAKING - SECTION 2 — Article 2A of Chapter 150B of the General Statutes is amended by
§ 150B-19.1. Requirements for agencies in the rule-making process.

(a) In developing and drafting rules for adoption in accordance with this Article, agencies shall adhere to the following principles:
(1) An agency may adopt only rules that are expressly authorized by federal or State law and that are necessary to serve the public interest.
(2) An agency shall seek to reduce the burden upon those persons or entities who must comply with the rule.
(3) Rules shall be written in a clear and unambiguous manner and must be reasonably necessary to implement or interpret federal or State law.
(4) An agency shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed. The agency shall not adopt a rule that is unnecessary or redundant.
(5) When appropriate, rules shall be based on sound, reasonably available scientific, technical, economic, and other relevant information. Agencies shall include a reference to this information in the notice of text required by G.S. 150B-21.2(c).
(6) Rules shall be designed to achieve the regulatory objective in a cost-effective and timely manner.


(b) Each agency subject to this Article shall conduct an annual review of its rules to identify existing rules that are unnecessary, unduly burdensome, or inconsistent with the principles set forth in subsection (a) of this section. The agency shall repeal any rule identified by this review.


(c) Each agency subject to this Article shall post on its Web site when the agency submits the notice of text for publication in accordance with G.S. 150B-21.2 all of the following:
(1) The text of a proposed rule.
(2) An explanation of the proposed rule and the reason for the proposed rule.
(3) The federal certification required by subsection (g) of this section.
(4) Instructions on how and where to submit oral or written comments on the proposed rule.
(5) Any fiscal note that has been prepared for the proposed rule.
The agency shall maintain the information in a searchable database and shall periodically update this online information to reflect changes in the proposed rule or the fiscal note prior to adoption.

PART I — RULE MAKING — SECTION 5 — G.S. 150B-21.2 reads as rewritten:
"§ 150B-21.2. Procedure for adopting a permanent rule.

(c) Notice of Text. – A notice of the proposed text of a rule must include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposed rule. rule and a link to the agency's Web site containing the information required by G.S. 150B-19.1(c).
(3) A citation to the law that gives the agency the authority to adopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled on the rule.
(6) Instructions on how a person may demand a public hearing on a proposed rule if the notice does not schedule a public hearing on the proposed rule and subsection (e) of this section requires the agency to hold a public hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person to whom written comments may be submitted on the proposed rule.

PART III — MISCELLANEOUS ISSUES — SECTION 57.
Every State agency, board, commission, or other body with rule-making powers shall deliver to the Joint Select Regulatory Reform Committee of the General Assembly no later than October 1, 2011, a list of all permanent rules adopted by the body that includes for each rule the following information:
(1) Whether the rule is mandated by a federal law or regulation.
(2) If the rule is not mandated by a federal law or regulation, whether there is a federal regulation that is analogous to the rule. For purposes of this subdivision, "analogous" means the federal regulation regulates the same conduct or activity as the State regulation.
(3) If there is a federal statute or regulation analogous to the rule, whether the rule is more stringent than the federal law or regulation.

View the entire Regulatory Reform Act of 2011.

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