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1996 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


January 26, 1996, MINUTES
North Carolina Veterinary Medical Board, Charlotte, North Carolina


President Lowry called the regular meeting of the Board to order at 9:20 A.M.  Others In attendance were Board members Drs. Brooks, Edwards, Gordon, Justus, and Padgett. The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. 

The Executive Director read the minutes of the November 10. 1995, meeting.  On a motion made by Dr. Edwards, seconded by Dr. Gordon, the minutes were approved as corrected.

The Board reviewed the information provided by Dr. Gordon concerning invitro fertilization and embryo transfer. Dr. Brooks made the motion that the super ovulation of females, and the flushing of females to collect ova is the practice of veterinary medicine. Dr. Padgett seconded the motion. The motion passed unanimously. The Board noted that State, Federal and International guidelines for the importation and exportation of embryos may require a licensed veterinarian to be involved in the process.

At 10:00 a.m. Dr. Timothy Emery appeared to discuss the status of his temporary permit with the Board. The Board reviewed with him the results of his score on the most recent Clinical Competency Test and the letters from his employer. Dr. Emery left the meeting at 10:30 a.m. Dr. Edwards made a motion to extend Dr. Emery's temporary permit until the results of the April 10, 1996 Clinical Competency Test are known. The motion was seconded by Dr. Brooks. The motion passed unanimously.

Dr. Gordon reported on his conversation with Dr. Harriet Duncan, of the Duplin County Health Department, concerning Mr. Russell Sanderson. Dr. Gordon reported that Mr. Sanderson is a certified rabies vaccinator in Duplin county. Dr. Gordon made a motion that the Board investigate Mr. Sanderson to determine if he is practicing veterinary medicine. The motion was seconded by Dr. Padgett. The motion passed unanimously. As part of that motion Mr. Hearn can use the same resources that he has used in the past in other investigations.

The Board reviewed the presentation at 8:30 a.m. that day of Hearn and Mr. Mickey to the membership of the North Carolina Veterinary Medical Association, regarding the Board's proposed administrative rules. In attendance at that session were six licensed Board members; past President of the Board, Dr. James Peeples; Dr. Oscar Fletcher, Dean of the North Carolina State University of College of Veterinary Medicine; and seven other attendees. Copies of the proposed rules were distributed to the attendees. Copies of the proposed rules were distributed to the attendees. No questions were asked during or at the conclusion of the presentation.

The Board reviewed the letter from Dr. Patrick Proctor concerning what procedures he should follow when there is not a doctor available to be on call for emergencies and the discharge of patients when the doctor is out of the office. After discussion the Board determined that Dr. Proctor should obtain an agreement for the delivery of emergency services with the closest available doctor. In addition, a registered veterinary technician or other employee may discharge patients. The Board noted that Dr. Proctor will still be ultimately responsible for what takes place in his practice facility while out of the office. This motion was made by Dr. Edwards and seconded by Dr. Brooks. The motion passed unanimously.

The Board reviewed the letter from Dr. Neunzig concerning on-call emergency services. The Board determined that Dr. Neunzig's clinic, All Pet Care Clinic - Raleigh, is a full-service veterinary practice facility, not a limited facility as was originally thought. Therefore, he is not currently required to have the written agreements required by Administrative Rule .0208. The Board took no further action.

The Board reviewed the letter from Dr. Robert V. English concerning the name of his proposed veterinary referral ophthalmology practice to be located in Cary, North Carolina. The name he has requested is Animal Eye Care Veterinary Ophthalmology Practice. Dr. Gordon made a motion, seconded by Dr. Justus to approve the use of this name. The motion passed unanimously.

The Board reviewed the letter from Dr. Ann Stuart concerning the changing of her current veterinary practice facility name from North Carolina Country Veterinary Service to Mountain Equine Country Veterinary Services. Dr. Edwards made a motion, seconded by Dr. Justus to approve the use of this name. The motion passed unanimously.

Dr. Edwards made a motion to enter into closed session for the purpose of consulting with the Board attorney about pending legal issues. The motion was seconded by Dr. Gordon. The motion passed unanimously. The open meeting was adjourned at 11:32 a.m.

The open session of the Board Meeting reconvened at 12:12 p.m.

The meeting adjourned at 12:13 p.m. for lunch on a motion by Dr. Edwards, seconded by Dr. Gordon. The motion passed unanimously.

The meeting reconvened at 1:05 p.m.

Dr. Norman Baird, his wife, and Mr. Lee Stevens joined the meeting at 1:10 p.m. to discuss Dr. Baird's practice facility. He explained the problems that he was having with getting his facility approved with the Board. They left the meeting at 1:55 p.m.

The Board reviewed certain corrections to the Administrative Rules. Dr. Padgett made a motion to approve the Rules. Dr. Brooks seconded the motion. The motion passed unanimously. These Rules will now be sent to the Administrative Rules Commission for their review.

The Board reviewed the temporary permits of Dr. Leon Donald Kersey and Dr. Keith Denaro Wiggins. Both were granted temporary permits on the basis that they must pass the National Board Examination in December 1995. Dr. Brooks made a motion, seconded by Dr. Edwards to revoke their permits because of their failure to pass the examination. The motion passed unanimously.

Dr. Brooks made a motion to grant a thirty day extension to Dr. Wiggins' temporary permits. The motion was seconded by Dr. Edwards. The motion passed unanimously.

The Executive Director read the letter from the North Carolina Board of Ethics concerning Dr. Herbert A. Justus. No further action was taken.

The Board reviewed the letter from Dr. Judith B. Harvey in which she requests an extension on her continuing education requirements. Dr. Padgett made a motion to grant her an extension until June 30, 1996. Dr. Brooks seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Dr. John M. Strasser in which he requests an extension on his continuing education requirements due to medical problems. Dr. Gordon made a motion to grant him an extension until June 30, 1996. Dr. Edwards seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Dr. Jesse C. Thompson in which he requests an extension on his continuing education requirements due to the death of his infant daughter. Dr. Padgett made a motion to grant him an extension until June 30, 1996. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Joseph J. Welsh, Jr., on behalf of his wife Dr. Carrie L. Chesser, in which he requests an extension on his wife's continuing education requirements due to an automobile accident in July . Dr. Gordon made a motion to grant him an extension until June 30, 1996. Dr. Brooks seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Dr. Nancy Niederer in which she requests an an inactive license due to Chronic Fatigue Immunodeficiency Syndrome and Fibromyalgia. Dr. Padgett made a motion to grant her request. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Dr. Ed Kluber for the removal of the restrictions on his limited veterinary license to practice swine medicine. Dr. Edwards made a motion to deny his request. Dr. Brooks seconded the motion. The motion passed unanimously. In addition, since Dr. Kluber is no longer practicing at Browns of Carolina, the conditions of his limited veterinary license are no longer valid. Therefore, the Executive Director is to revoke his limited license and inform him of this action. If he wishes to have a full license, he is required to pass the Clinical Competency Test.

The Board reviewed the information received from the American Veterinary Medical Association Network of Animal Health. The AVMA requests that each state approve the program on Emergency and Critical Care - The Ride of Your Life for continuing education credit. The Board took no action, as Administrative Rule .0206 currently does not allow for computer based training to be used for continuing education credit.

The Board reviewed the information from the New England Association of State Veterinary Boards, Inc. concerning licensure by endorsement. The Board took no action.

The Board reviewed the request of the Executive Director for a health insurance plan for its full-time employees. Dr. Justus made a motion to approve the request. The Executive Director [sic] to investigate the costs associated with health care coverage and report back at the next meeting. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Board reviewed the information received earlier from Dr. Baird concerning his proposed practice facility. Dr. Brooks did not participate in the discussion. Mr. Hearn is to write to Dr. Baird explaining the Board's position on the location of the toilets and lavatories for the personnel and for the clients and the name that Dr. Baird has requested for his facility.

The Board recessed at 3:05 p.m. for a ten minute break.

The meeting reconvened at 3:15 p.m.

Investigative Committee Reports

Report of Committee on Investigations No. 7.

95038-1-7   Dr. Alyce B. McBride (Complaint of Mr. Jeremy B. Roth) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

95026-1-7   Dr. Michelle Moutray Hays and Dr. Julie Gwyn Packard (Complaint of Ms. Carolyn C. Shepherd) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

95047-1-7   Dr. George N. Kahdy (Complaint of Ms. Susan Munro) - Letter of Caution to be written by Mr. Hearn.

95031-1-7   Dr. Margaret Ann Anderson (Complaint of Mr. C. Clifford Hartley) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

95042-1-7   Dr. Iva Lynn Nusbaum (Complaint of Ms. Sandy Strange) -Letter of Reprimand to be written by Mr. Hearn.

95040-1-7   Dr. Robert L. Peiffer, Jr. (Complaint of Ms. Beverly Ann Shields) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

Report of Committee on Investigations No. 9.

95007-1-9   Dr. David Truban (Complaint of Mr. John Hill) - Dr. Truban has requested that the Committee reconsider its Letter of Caution, which was issued at the November meeting. The Committee has re-opened the case. The Executive Director is to send Dr. Truban's letter to Mr. Hill, requesting he reply. The Committee will review the response of Mr. Hill at its next meeting.

95032-1-9   Dr. John Anthony Stith (Complaint of Mrs., Caroline Sayre) - Continued. The Executive Director and Mr. Hearn are to set up meetings with Dr. Stith and Mrs. Sayre for the next meeting.

95034-1-9   Dr. D. D. Shumway (Complaint of Ms. Cindy Drefhall) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

95039-1-9   Dr. Millard E. Price (Complaint of Mr. and Mrs. Robert Brunjes) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

95037-1-9   Wilmington Animal Emergency Clinic (Complaint of Dr. Diane Wilhalf) Dismissed. No Jurisdiction. Letter to be written by Mr. Hearn.

95028-1-9   North Carolina State University, CVM (Complaint of Ms. Mildred I. Loeffler) - Continued. The Executive Director is to clarify who was the senior clinician for this case.

95043-8-9   Dr. Cynthia Denise Burnett (Complaint of Ms. Astrid Anders)- Continued. The Executive Director and Mr. Hearn are to set up meetings with Dr. Burnett and Ms. Anders for the next meeting.

95044-9-9   Dr. Cynthia Denise Burnett (Complaint of Ms. Marcia A. Horton)- Continued. The Executive Director and Mr. Hearn are to set up meetings with Dr. Burnett and Ms. Horton for the next meeting.

95046-1-9  Dr. Paul F. Bevilacqua and Dr. Jonathan Eric Martin (Complaint of Ms. Brenda M. Overcash) - Continued. The Executive Director is to contact Ms. Overcash to have her identify who the third veterinarian was that treated her horse.

The Board reviewed the current fees required. Dr. Edwards made a motion to increase the late fee for renewals from $10 to $50, the renewal for veterinarian from $50 to $75, and the renewal for technicians from $10 to $15. The motion was seconded by Dr. Padgett. The motion passed unanimously. These increases are to be effective April 1, 1996.

The Executive Director requested that the Board allow him an additional $250 for the purchase of the laptop computer that was approved at the last meeting. Dr. Gordon made a motion to approve the request. The motion was seconded by Dr. Padgett. The motion passed unanimously.

Dr. Gordon [sic] a motion to enter into closed session for the purpose of consulting with the board attorney about pending investigations. The motion was seconded by Dr. Edwards. The motion passed unanimously. The open meeting was adjourned at 4:25 p.m.

The open session of the Board Meeting reconvened at 4:45 p.m.

The Board reviewed its presentation to the membership of the North Carolina Veterinary Medical Association concerning Administrative Rules, the discussions and relevant committee meetings with the North Carolina Veterinary Medical Association, that were attended by certain members from the Board. Dr. Gordon also attended the meeting with the Central Carolina Community College Advisory Committee. The Board determined that by holding its January Board meeting in the same location as the North Carolina Veterinary Medical Association meeting, it provided Board Members with communication, discussion and learning opportunities that did and will enable the Board to more effectively fulfill its responsibilities. While the Board considers its office in Raleigh to be its regular and preferred meeting site, the Board determined that meetings in the same general locations where other professional veterinary groups are convening can be a communications resource for the Board. Upon motion by Dr. Padgett, seconded by Dr. Brooks, the Board approved the actual expenses incurred for travel, meals, and lodging for Board Members, the Executive Director, and Board Attorney.

The meeting was adjourned on a motion by Dr. Edwards and seconded by Dr. Justus at 4:50 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


March 15, 1996
MINUTES, North Carolina Veterinary Medical Board, Raleigh, North Carolina


President E. Clinton Lowry called the regular meeting of the Board to order at 8:20 A.M.  Others in attendance were Board members Drs. David Brooks, George Edwards, Joseph Gordon, Kenneth Justus, Herbert Padgett and Mrs. Nellie Jones. The Board Attorney, Mr. George Hearn, and Executive Director, Thomas Mickey, were also present. 

The Executive Director read the minutes of the January 26, 1996, Board meeting which was held in Charlotte, N.C.  The minutes were approved as corrected on a motion made by Dr. Gordon, seconded by Dr. Edwards. The motion passed unanimously.

The meeting was adjourned at 9:00 A.M. so that an administrative hearing involving Dr. Bruce Simmons could be held.

The meeting reconvened at 11:30 A.M.

Dr. Norman Baird, his wife, and Mr. Lee Stevens appeared before the Board to discuss Dr. Baird's proposed practice facility. Dr. Baird presented several proposals concerning a lavatory in the practice facility. The Board determined that his last proposal, that of having a lavatory and toilet physically attached as part of his facility, would be acceptable. They left the meeting at 11:45 A.M.

The meeting was adjourned at 11:45 A.M. for lunch.

The meeting reconvened at 12:40 P.M.

The Board reviewed the letter from Mr. J. Hunter Stoval, husband of Dr. Sara J. Froning, in which he requests an extension on the continuing education requirements for his wife. His wife is suffering from the onset of Celiac Sprue, which is an auto-immune digestive disorder. She plans to attend the North Carolina Small Animal Academy meeting in Sanford, NC scheduled for February 7, 1996. Dr. Gordon made a motion to grant her request. The motion was seconded by Dr. Padgett. The motion was passed unanimously.

The Board reviewed the request of Dr. Edward F. Kluber, III for a limited license to practice swine medicine. Dr. Padgett made a motion to refuse his request and to communicate to Dr. Kluber the things necessary for licensure. The motion was seconded by Dr. Gordon and passed unanimously. To become licensed to practice veterinary medicine in North Carolina, Dr. Kluber must take and pass the Clinical Competency Test. Further, upon application to the Board to take that exam, he will be required to present himself at the next Board meeting.

Mrs. Kay Crowder, the new Administrative Assistant to the Executive Director, was introduced to the full Board. She discussed several suggestions for license renewal forms, office staff and office automation.

Dr. Padgett presented information indicating the unlicensed practice of veterinary medicine by Ms. Dawn Moore. Upon a motion of Dr. Edwards, seconded by Dr. Brooks, the Board directed Mr. Hearn to send a letter to Mr. Moore advising her of the Board's information regarding the alleged unlicensed practice and notifying her to cease and desist further activities that are in fact the unlicensed practice.

The Board reviewed information concerning Operation Topcat, an event planned for early April to spay/neuter stray or feral cats in the town of North Topsail Beach. Relying on the information provided by the event organizers, the Board unanimously directed Mr. Hearn to write the person coordinating the event, as well as Dr. Phil G. DeBrito, the veterinarian providing the spay/neuter services, that the Board approves the event upon the following conditions: all aspects of the Veterinary Practice Act must be obeyed; all procedures must be performed by a licensed veterinarian; rabies vaccines shall be administered by a licensed veterinarian according to the rabies laws of North Carolina; that Dr. DeBrito have liability insurance (with a strong suggestion that Operation Topcat have its own insurance); and there should be protocols for handling the cats.

The Board reviewed a classified ad concerning a veterinary position in Greenville, South Carolina that was placed in the North Carolina Veterinarian which is a publication of the North Carolina Veterinary Medical Association. The ad was placed by PETsMart Veterinary Services of the Carolinas.

The Board reviewed the request of Dr. Spangler Kloop for exemption from re-taking the Clinical Competency Test. Based on his previously passing the National Board Exam, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Poultry Veterinarians, Dr. Gordon made a motion to grant his request. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Dr. Donna Lee Galant Foster in which she requests an extension on his continuing education requirements. She is living outside the United States, in Angola, and has no access to any continuing education programs. She is two hours short from fulfilling her requirements. Dr. Gordon made a motion to grant her an extension. Dr. Brooks seconded the motion. The motion passed unanimously.

The Board reviewed the Consent Order of Dr. Mark Grossman. Dr. Grossman has completed the terms required by the order which ended December 31, 1995. The Board instructed the Executive Director to write to Dr. Grossman and state that by his compliance with the order, the Board now considers the matter closed.

At 2:25 P.M., Assistant Attorney General Kip Sturgis appeared before the Board to discuss the practice of some veterinarians of not releasing prescriptions, or possible be providing prescriptions for only a limited number of doses, when a larger number is medically appropriate. It is his view that failure to release a prescription is both an unfair method of competition and unfair business practice. It is also his view that in normal circumstances issuing a prescription for a small number of doses than is medically warranted is an unfair method of competition and an unfair business practice. The Board members discussed the matter with him. Mr. Sturgis stated that his office has received only two complaints regarding this. Mr. Hearn noted that the Board had alerted licensees through the President's Letter in June 1995. Mr. Sturgis left the meeting at 2:50 P.M. The Board determined they will continue to monitor the situation and address is again in the next President's Letter.

Investigative Committee Reports

Report on Committee on Investigations No. 7

95049-7-7   Dr. J. K. Schoolmeester (Complaint of Mrs. Frances W. Keyes) - Letter of Caution to be written by Mr. Hearn.

95036-1-7   Dr. T. C. Needham and Dr. Gregory Charles Peake (Complaint of Mr. Charles R. Calhoun) - The portion of the Complaint against Dr. Needham is dismissed. Dr. Peak [sic] is to receive a Letter of Caution. The letter is to be written by Mr. Hearn.

Report of Committee on Investigations No. 9

95043-8-9, 95044-9-9   Dr. Cynthia Denise Burnett (Complaint of Ms. Astrid Anders and Ms. Marcia A. Horton) - For the purposes of investigating these two complaints, the committee combined them. A Letter of Reprimand is to be issued to Dr. Burnett. The letter will be written by Mr. Hearn.

95032-1-9   Dr. John Anthony Stih (Complaint of Mrs. Carolyn Sayre) - Dismissed. No probable cause. Letter to be written by Mr. Hearn

95007-1-9   Dr. David Truban (Complaint of Mr. John Hill) - The committee reviewed the letters of Mr. Hill and Dr. Truban, but chose to let its previous Letter of Caution stand. The letter conveying this is to be written by Mr. Hearn and conveyed to the two parties.

95028-1-9   North Carolina State University, CVM (Complaint of Ms, Mildred I. Loeffler) - Dismissed. No probable cause. Letter to be written by Mr. Hearn. A second letter by Mr. Mickey will be sent to the Veterinary School stating that in future complaints the senior clinician responsible for the case should reply to the Board.

95046-1-9   Dr. Paul F. Bevilacqua and Dr. Johnathan Eric Martin (Complaint of Ms. Brenda M. Overcash) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96001-1-9   Dr. Gregory K. Hedrick (Complaint of Mr. Steven Sink) - This complaint was determined to be a fee dispute between the parties involved and as such the Board elected not to exercise jurisdiction. Letter to be written by Mr. Hearn.

95048-8-9   Dr. Brenda Bishop (Complaint of Ms. Susan Luck Hooks) - Two letters are to be written by Mr. Hearn. The first being a dismissal for no probable cause concerning the complaint by Ms. Hook [sic]. The second letter is a letter to Dr. Bishop expressing the Boards [sic] displeasure with her reply to the complaint.

96004-9-9   Dr. Diana Whittier Dudley (Complaint of Ms. Robin Collins) - Continued until the next meeting.

The Executive Director distributed a Financial Report to the Board members.

The Board directed the Executive Director to research and present at the next meeting the cost associated with the development of an Internet Home Page.

Mr. Hearn presented for the Board's review the technical changes and objections to the new Administrative Rules by the North Carolina Rules Review Commission. The Board designated Dr. Gordon to review any further changes required by the Commission. The Board also gave Mr. Hearn permission to postpone the filing of the required changes, so the Rules will be voted upon at the April 1996, Commission meeting, with an effective date of May 1, 1996.

Mr. Hearn reviewed the letter from William E. Peterson, manager, of the After Hours Veterinarian Emergency Clinic, P.A. Mr. Peterson has taken steps to correct inaccuracies in the Clinic's forms and documents that state that an animal is abandoned after a period of three days. A 10-day abandonment period, as required by G.S. 90-187.7, is now disclosed.

Dr. Lowry appointed a nomination committee consisting of Dr. Gordon, Dr. Padgett and Mrs. Jones. The committee is to make nominations for President, Vice President and Secretary-Treasurer. They will report back at the next Board meeting.

Dr. Justus made a motion, seconded by Dr. Padgett, that the Executive Director secure health insurance for its full time employees.

On a motion by Dr. Padgett, seconded by Dr. Gordon, the Board approved the actual expenses for this meeting.

The next meeting of the Board is set for June 14, 1996, in Atlantic Beach, North Carolina.

The meeting was adjourned on a motion by Dr. Justus and seconded by Dr. Padgett at 4:00 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


June 14, 1996,
MINUTES, North Carolina Veterinary Medical Board, Atlantic Beach, North Carolina


Vice-President Dr. David E. Brooks called the meeting to order at 8:25 A.M.  Others In attendance were Board members Drs. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. 

The Executive Director read the minutes of the March 15, 1996, meeting which was held at the Board office in Raleigh, NC Dr. Gordon made a motion, seconded by Dr. Padgett, to approve the minutes. The motion passed unanimously.

Dr. Mitchell K. Barnes appeared before the Board at 8:45 a.m. to present his concerns, as Quality Assurance Officer for the Wilmington Animal Emergency Clinic, P.A., about the new Administrative Rule .0207(b)(19)(d). Dr. Barnes is concerned because section (d) of the new rule provides a strong incentive to privatize emergency clinics because of liability reasons. Subsequently the people of North Carolina would not be serves. Dr. Barnes left the meeting at 9:45 a.m. The Board further discussed the new rule, with Dr. Brooks explaining that some veterinarians are referring their clients to practice facilities that are not emergency veterinary service facilities providing after hours emergency service. This is also being done without an agreement to provide emergency services. Dr. Gordon made a motion, seconded by Dr. Padgett, to have Mr. Hearn prepare a clarification of .0207(b)(19)(d). The clarification will state that the referring clients to a facility which is not an emergency veterinary facility, without an agreement does not comply with .0207(b)(19)(d). The motion passed unanimously.

The Board reviewed the request of Dr. Robert Desrosiers, an instructor at the North Carolina State University College of Veterinary Medicine, for a limited veterinary license to practice veterinary medicine. Dr. Edwards made a motion, seconded by Dr. Padgett, to deny his request until such time that he has passed both the National Board Examination and Clinical Competency Test or been granted a Diplomate status in Swine Medicine.

The Board reviewed the request of Dr. Gary J. Spodnick for an exemption from re-taking the Clinical Competency Test. Based on his previously passing the National Board Exam, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Surgeons, Dr. Gordon made a motion to grant his request. Dr. Justus seconded the motion. The motion passed unanimously.

The Board reviewed the request from Dr. Susan K. Stephens to allow her to have Dr. Kenneth J. Salleng work for her with a temporary permit. She wants to be allowed to have Dr. Salleng supervised by telephone on Wednesdays and every other Saturday morning. Having not received a completed temporary permit application the Board took no action.

The Executive Director presented the contracts with the Professional Examination Service for the National Board for Veterinary Technicians and the National Board Examination and Clinical Competency Test for veterinarians. Dr. Edwards made a motion, seconded by Dr. Gordon to approve the contracts. The motion passed unanimously.

The Board reviewed the disciplinary information received from South Carolina on Dr. Lorin D. Lawrence. This report was received as a result of information from the national disciplinary database. Dr. Lawrence is currently licensed in both North Carolina and South Carolina. Dr. Edwards made a motion to make the information a permanent part of Dr. Lawrence's file and to table any further action at this time and should any further problems occur the Board will address the issue at that time. Dr. Padgett seconded the motion. The motion passed unanimously.

Dr. Gordon made a motion to add a question to the veterinary renewal form which asks in [sic] the veterinarian has had his veterinary license disciplined in another state or been found guilty of a felony. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the disciplinary information received from South Carolina on Dr. Walter C. Robinson, III. This report was received as a result of information from the national disciplinary database. Dr. Lawrence [sic] is currently licensed in both North Carolina and South Carolina. Dr. Edwards made a motion to make the information a permanent part of Dr. Robinson's file and to table any further action at this time and should any further problems occur the Board will address the issue at that time. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the information received from Ms. Marvel Elizabeth Koury concerning her prior felony convictions in 1990. Ms. Koury has applied for registration as a veterinary technician. Based on her having no additional convictions since 1990, Dr. Edwards made a motion to allow her to be registered, provided she passes the National Board Examinations for technicians and the State Examination. The motion was seconded by Dr. Gordon. The motion passed with Mrs. Jones opposed.

The Board adjourned at 11:05 a.m. for a ten minute break.

The Board meeting reconvened at 11:15 a.m.

Dr. Burton Anderson appeared before the Board at 11:15 a.m. to discuss the growing problem of impairment in the veterinary community. He explained that the Florida Veterinary Practice Act has been amended to help and encourage those individuals with problems to seek treatment. Dr. Anderson left the meeting at 11:45 a.m. The Board took no action at this time.

The information on the alleged unlicensed practice of veterinary medicine by Dr. Charles C. Shackleton was reviewed by the Board. This information was provided to the Board by Dr. Thomas J. McGinn, Director of Field Forces for the North Carolina Department of Agriculture. It appears that in March and May of this year that Dr. Shackleton conducted physical examinations and drew blood samples on horses in North Carolina. The blood samples were for conducting tests for equine infectious anemia. Dr. Gordon made a motion, seconded by Dr. Padgett, to proceed with action against Dr. Shackleton for the unlicensed practice of veterinary medicine. The motion passed unanimously.

The meeting was adjourned at 12:00 p.m. for lunch.

The meeting reconvened at 1:30 p.m.

Mr. Hearn and the Executive Director reported on the letter from Ms. Candice Simmons requesting information on disciplinary actions against Dr. Bruce Simmons and Mr. Max Simmons. The Executive Director has provided her with a copy of the disciplinary actions. The Board took no action.

The Executive Director reported that Dr. Edward F. Kluber's limited veterinary license has been revoked pursuant to he terms of its being issued. He has left the employment of Brown's of Carolina. He has not re-applied for a limited license or for a full license. The Board took no action.

The Executive Director reported that since the last Board meeting, Dr. Norman Baird has not contacted the office concerning his proposed practice facility. The Board took no action.

Dr. Gordon discussed the Board's current procedure of the office dismissing complaints in which the client does not wish to proceed. It was his recommendation that this [sic] these complaints be sent to the committee and the determination concerning dismissal be left to the committee. The Board took no action.

Investigative Committee Reports

Report of Committee on Investigations No. 7

96005-3-7   Dr. J. E. Currie (Complaint of Dr. Jack Broadhurst) - Continued as a result of the additional information provided by Dr. Broadhurst.

96010-1-7   Dr. Robert F. Messenger and Dr. Robert L. Hall (Complaint of Mr. Allen Gregg) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96006-1-7   Dr. Julie Lynn Moberg (Complaint of Ms. Susan Mellish) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96008-1-7   Dr. Sharon Murphy Nelson and Dr. Elyse Goldman (Complaint of Ms. Katherine Young) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96007-1-7   Dr. Ernico Pierluigi Spugnini, Faculty Member at the North Carolina State University, College of Veterinary Medicine (Complaint of Ms. Jenise Kesner) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

95047-1-7   Dr. James Marais (Complaint of Ms. Franziska Woodall) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96011-1-7   Dr. Tony Lee Glover (Complaint of Mr. Henry C. Videtto, Jr.) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96012-1-7   Dr. Deborah Ann Cowan (Complaint of Ms. Fran Roach) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96003-1-7   Dr. James F. Link (Complaint of Ms. Cynthia D. Sides) - Dismissed. No Probable Cause. Letter to be written by Mr. Hearn.

96015-1-7   Dr. David R. Bowen (Complaint of Mrs. Pamela R. Harbour) - Disciplinary. Letter of Caution to be written by Mr. Hearn.

Report of Committee on Investigations No. 9

96004-9-9   Dr. Diana Whittier Dudley (Complaint of Ms. Robin Collins) - The portion of the complaint concerning the disposal of dead animals is to be dismissed. The portion concerning radiation is continued until the next meeting.

95035-1-9   Dr. Curt Locklear, Jr. (Complaint of Ms. Jewel Burkette Alexander) - Dismissed. No probable cause. Mr. Hearn is to write a second letter to Dr. Locker which explains that the Board is an occupational licensing Board which governs the practice of veterinary medicine in North Carolina and as a licensed veterinarian of the state he is subject to the Board's Administrative Rules.

95034-2-7   Dr. D. D. Chummy (Complaint of Ms. Cindy Drefhall) - At the last meeting the committee dismissed this complaint. At the request of Ms. Drefhall the committee reviewed additional information. After review the committee chose not to alter its previous decision. Mr. Hearn is to write to Ms. Drefhall and explain the committees [sic] decision.

The Executive Director distributed a Financial Report to the Board members.

The Executive Director presented the costs associated with the development of an Internet Home Page. The Board took no action.

Mr. Hearn presented to the Board a report on the investigation of Russell Sanderson. The investigation did not confirm that he is practicing veterinary medicine without a license in Duplin county. Dr. Gordon reported that Mr. Sanderson's certification as a rabies vaccinator has been revoked by Dr. Harriet Duncan, of the Duplin County Health Department. The Board took no further action.

Mr. Hearn reported that the next step in the investigation of Mr. Gary Biggerstaff is to prepare affidavits for the witnesses to sign.

The slate of officers, proposed by the nominating committee, consisting of Dr. Gordon, Dr. Padgett, and Mrs. Jones, presented were:

President                  Dr. David E. Brooks
Vice-President           Dr. Joseph K. Gordon
Secretary-Treasurer    Dr. Kenneth R. Padgett

Dr. Edwards made a motion, seconded by Dr. Padgett, that the proposed officers be elected. The motion passed unanimously.

The Board reviewed the presentations, discussions and relevant committee meetings with the North Carolina Veterinary Medical Association, attended by certain members of the Board. Mr. Hearn and Mr. Mickey presented to the members of the Association ten case studies of actual complaints handled by the Board. Dr. Gordon also attended the meeting with the Central Carolina Community College advisory committee and the technician's continuing education program. The Board determined that by holding its June Board meeting in the same location as the North Carolina Veterinary Medical Association meeting, it provided Board Members with communication, discussion and learning opportunities that did and will enable the Board to more effectively fulfill its responsibilities. While the Board considers its office in Raleigh to be its regular and preferred meeting site, the Board determined that meetings in the same general locations where other professional veterinary groups are convening can be a communications resource for the Board. Upon motion by Dr. Brooks, seconded by Dr. Gordon, the Board approved the actual expenses incurred for travel, meals, and lodging for Board Members, the Executive Director, and Board Attorney.

The next meeting of the Board will be held in its Raleigh office on September 13, 1996.

The meeting was adjourned on a motion by Dr. Justus and seconded by Dr. Padgett at 2:45 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


October 4, 1996,
MINUTES, North Carolina Veterinary Medical Board, Raleigh, North Carolina


President David E. Brooks, D.V.M., called the regular meeting of the Board to order at 8:40 A.M.  Others In attendance were Board members Drs. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

Dr. Brooks welcomed new Board member Dr. Amy Lewis to the Board. The Lt. Governor, Mr. Denise [sic] Wicker, appointed Dr. Lewis to replace Dr. E. Clinton Lowry whose five year term expired in July. Dr. Lewis' term expires June 30, 2001.

The Board observed a moment of silence in memory of those who have died and those that are ill.

The Executive Director read the minutes of the June 14, 1996, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Padgett, the minutes were approved as corrected.

Dr. Gordon made a motion to have all complaints sent to committee regardless of a response by the client or a response in which the client states that he does not wish to proceed. The motion was seconded by Dr. Padgett. Dr. Edwards discussed with the Board the responsibilities of the client, the Board, and the Executive Director. Dr. Gordon amended his motion to state that the Executive Director will review those cases in which the client does not respond or does not wish to proceed. Should the Executive Director determine that there may be cause for review, the complaint will be sent to committee. If there is not cause for review the complaint will be dismissed by the Executive Director. The motion was seconded by Dr. Justus. The motion passed unanimously.

Dr. Edwards made a motion to have, at future Board Meetings, the reports moved to the beginning of the agenda. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Board reviewed the report of the Executive Director concerning Dr. Norman Baird's proposed practice facility. Dr. Baird has connected the adjacent lavatory and restroom by constructing a covered walkway. Dr. Gordon made a motion to approve this facility as a limited practice facility provided that Dr. Baird agrees to the following limitations: this will be a facility providing limited services; Dr. Baird shall maintain the facility and equipment to comply at all times with all Board Rules; except those stated in agreement; Dr. Baird will comply with Board Rule .0208 by posting a notice as approved by the Board stating the limitations on the veterinary services he offers; Dr. Baird will immediately refer any cases which exceed his limited facility to the facility with which he has an agreement; the agreement will apply to only to [sic] Dr. Baird while he is licensed and practices at his facility located at 2502 Elizabethtown Road, in Lumberton, North Carolina; in he [sic] event Dr. Baird enters into an agreement or contract to sell his practice facility, he shall first make full disclosure of this agreement to the prospective purchaser; and this agreement will not apply to any person other that [sic] Dr. Baird. The motion was seconded by Dr. Justus. The motion passed with Dr. Edwards abstaining and Dr. Padgett and Mrs. Jones opposed.

Dr. Jill Rhonda Brady appeared before the Board to discuss the issuance of her temporary permit. No further action was taken.

The Board reviewed the bids on the printing of new practice acts. Dr. Edwards made a motion to have the Executive Director have them printed at the best possible price available. The practice act should be printed in a booklet form the same size and format as the previous one. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed possible topics for the next president's letter. The letter will include a discussion of the writing of prescriptions, increased fees and CE requirements, new administrative rules, a clarification of administrative rule .0207(b)(19), recent deaths, disciplinary actions, communication, and items necessary for the Board to pursue the unlicensed practice of veterinary medicine.

The Board reviewed the scheduled meeting date for the November meeting. As a result of the meeting being close to the October meeting the Board determined that a one date meeting would suffice. The next meeting is scheduled for Thursday, November 7, 1996. The Committees will meet in the morning and the Board will convene in the afternoon.

The Board reviewed the request of Dr. James E. Brown for the approval of meetings held in Northampton County for continuing education purposes. The meeting [sic] were held this last spring to consider local government responses to the ongoing concerns about large livestock operations and their effects on the environment. Dr. Brown has been appointed by the Northampton County Board of Commissioners as an advisor to the Intensive Livestock Ordinance Board. Dr. Padgett made a motion to deny these community service type meetings for continuing education as they do not meet the minimum standards as defined in Administrative Rule .0206(4). The motion was seconded by Mrs. Jones. The motion passed unanimously.

The Board reviewed the letter from Dr. Ernest E. Ward, President, Lower Cape Fear Veterinary Medical Association concerning emergency service and the legal and ethical responsibility of veterinarians. The Board directed Mr. Hearn to respond. The clarification prepared by Mr. Hearn of Board Rule .0207(b)(19) addresses these questions directly.

The Board reviewed the information compiled by the Executive Director concerning J. Sandy Swanson, a senior consultant with the Cox Environmental Group of Wilson, North Carolina. Mr. Swanson is allegedly holding himself out to be a veterinarian and a 1987 graduate of the University of Florida, College of Veterinary Medicine. A letter is to be sent to Mr. Swanson and the owner of Cox Environmental Group, Mr. Shane Cox, to determine if Mr. Swanson has ever graduated from a veterinary school. If proof cannot be presented that he has done so, this information it [sic] to be communicated by reasonable means to the North Carolina State University, College of Veterinary Medicine, the North Carolina State Zoo, and to licensed veterinarians in this state.

The Board reviewed the anonymous information received on Dr. Frank D. Taylor who apparently is allowing the unlicensed practice of veterinary medicine in one of his clinics. As this was anonymous information and the Board has no point of contact to follow through no formal action was taken. Dr. Edwards will stop in and talk to Dr. Taylor. If Dr. Edwards us unable to Dr. Padgett will do so.

The Board reviewed the report received from the Board of Pharmacists concerning a veterinarian possibly writing prescriptions for herself for the drug pondimin. The report distributed to the Board members did not disclose the name of this veterinarian. Dr. Gordon made a motion to have the Board of pharmacists have their investigator search the records of the pharmacists in the area of the Doctor to determine if this is true. Dr. Padgett seconded the motion. The motion passed unanimously. After the motion passed the Executive Director disclosed the name of the veterinarian.

The Board reviewed the flier of Rita Miele concerning Equine & Lama dentist. Dr. Padgett made a motion to write to her inform [sic] her that animal dentistry is the practice of veterinary medicine in North Carolina and cease and desist all such activities. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Board reviewed the information on Mr. Robert Clark practicing veterinary medicine without a license at a place called the Huntin Shack. Dr. Padgett made a motion to follow up on this information by contacting the two people who have had work done by Mr. Clark. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed the information received concerning Lannon's Animal Hospital and the dispensing of Cephalexin and Interceptor without a veterinary-client-patient relationship and Administrative Rule .0207(b)(11) relating to minimum standards for drug procedures. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed the information concerning Dr. Billy Manning and Dr. Tiffany Barnhill and the delivery of after hours emergency care. The information alleges that they are not providing after hours emergency care and are instead referring their clients to other practitioners in the area without the consent of those practitioners. The practitioners receiving these calls are not operating a veterinary emergency facility providing after hours care. A copy of the letter clarifying Administrative Rule .0207(b)(19)(d) is to be sent along with a request for a response as to who is providing after hours emergency care.

The Board reviewed the information on the Johnson County S.P.C.A. This information presented contains alleged instances of the violation of the Animal Welfare Act. As such, the Executive Director is to forward this complaint to the North Carolina Department of Agriculture. The information, received just prior to the meeting, concerning the unlicensed practice of veterinary medicine will be reviewed at the next meeting.

The Board reviewed the request of Dr. Jeffrey M. Kline to be licensed in North Carolina. Dr. Kline is a graduate of the Araneta Institute of Veterinary Medicine in the Philippines. Dr. Gordon made a motion to deny his request on the basis of General Statute 90-187(c) and send the draft letter prepared by the Executive Director. G.S. 90-187(c) requires that all graduates of foreign veterinary schools must furnish proof of successful completion of the certification program developed and administered by the Educational Commission for Foreign Veterinary Graduates. Dr. Lewis seconded the motion. The motion passed unanimously.

Ms. Patricia A. Prill's letter requesting that Ross senior students be allowed to sit for the National Board Examination and Clinical Competency Test was reviewed by the Board. Ross University is not accredited by the American Veterinary Medical Association and as such their students must complete the Educational Commission for Foreign Veterinary Graduates program. Currently the Board requires foreign graduates to be enrolled in the ECFVG program prior to being allowed to sit for either test. Dr. Gordon made a motion to allow senior students from Ross University to be allowed to sit for the NBE & CCT. Dr. Justus seconded the motion. Dr. Lewis voted for the Motion. Dr. Padgett, Mrs. Jones and Dr. Brooks voted against the motion. The motion did not pass. The Executive Director is to inform Ms. Prill that the Board will not allow her to sit for the NBE or CCT without her being enrolled in the ECFVG program.

The Board reviewed the request of Dr. Gas W. DeBell to have his North Carolina Veterinary License reinstated. His license was revoked on December 6, 1993, when he decided not to renew it. He has provided proof of the required continuing education hours and submitted the required fees. Dr. Gordon made a motion to allow his license be reinstated. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Eugene Allan Bailey for an exemption from retaking the Clinical Competency Test. Dr. Bailey is a 1983 graduate of the University of Florida College of Veterinary Medicine. Based on his previously passing the National Board Exam and the Clinical Competency Test, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Practitioners, Dr. Padgett made a motion to grant his request. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Jan E. Bellows for an exemption from retaking the Clinical Competency Test. Dr. Bailey is a 1975 graduate of Auburn University College of Veterinary Medicine. Based on his previously passing the National Board Exam, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Practitioners, Dr. Gordon made a motion to grant his request. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Leonard Albert Gideon for an exemption from retaking the Clinical Competency Test. Dr. Gideon is a 1967 graduate of the Texas A&M University College of Veterinary Medicine. Based on his previously passing the National Board Exam, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Surgeons, Dr. Gordon made a motion to grant his request. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Federico Guillermo Latimer for an exemption from retaking the Clinical Competency Test. Dr. Gideon [sic] is a 1984 graduate of the Ohio State University, College of Veterinary Medicine. Based on his previously passing the National Board Exam and the Clinical Competency Test, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Practitioners, Dr. Padgett made a motion to grant his request. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed the request of Ms. Teresa D. Dew for an extension of her continuing education requirement for being a registered veterinary technician. Her husband is in the Army and for the next three years they will be living in Vicenza, Italy. Dr. Gordon made a motion to allow her an extension. She will have to become current with the continuing education requirements within one year of returning to the United States. Dr. Padgett seconded the motion. The motion passed unanimously.

Investigative Committee Reports

Report of Committee on Investigations No. 1.

96004-1-1  Dr. Diana Whittier Dudley (Complaint of Ms. Robin Collins) - Continued. The Executive Director is to request all copies of Dr. Dudley's radiation exposure reports from the company providing the service.

96014-9-9  Dr. Diana Whittier Dudley (Complaint of Ms. Lisa Keller) - Continued. The Executive Director is to request all copies of Dr. Dudley's radiation exposure reports from the company providing the service.

96022-1-1  Dr. John Lemay (Complaint of Ms. Susan Bowling) - The client does not wish to proceed with the complaint. Dismissed, no probable cause. Letter to be written by Mr. Hearn.

96026-1-1  Dr. Lee A. Darch (Complaint of Ms. Katherine Young) - Disciplinary Action - Letter of Caution to be written by Mr. Hearn.

96030-1-1  Dr. Robert A. Glass (Complaint of Mrs. Kristie Wessels) - Disciplinary Action - Letter of Caution to be written by Mr. Hearn.

96033-1-1  Dr. Patricia Monahan (Complaint of Ms. Jacquelyn Vanderwoude) - Disciplinary Action - Letter of Caution to be written by Mr. Hearn.

Report of Committee on Investigations No. 7.

96005-3-7  Dr. J. E. Currie (Complaint Dr. Jack H. Broadhurst) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96018-1-7  Dr. Ross D. McKinlay (Complaint of Mr. Edmund Marshall Cobb) - Disciplinary Action - Letter of Caution to be written by Mr. Hearn.

96013-1-7  Dr. Larry D. Cooper & Dr. Laura Anne Kaylor (Complaint of Mr. and Mrs. Daniel S. Thompson) - Dismissed. No Probable cause. Letter to be written by Mr. Hearn.

96017-1-7  Dr. Lee A. Darch & Dr. Bradly K. Benson (Complaint of Mrs. Linda Beddard) - Disciplinary Action - Letter of Reprimand to be written by Mr. Hearn.

96025-1-7  Dr. James L. Beckworth (Complaint of Mr. Scotty Miller) - Disciplinary Action - Letter of Reprimand to be written by Mr. Hearn.

96021-1-7  Dr. Ashley George Peterson & Dr. Thomas N. Buckley (Complaint of Ms. Donna Barnett) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96027-1-7  Dr. Barrette O. Welch (Complaint of Dr. Jacques S. Gansier) - Disciplinary Action - Letter of Reprimand to be written by Mr. Hearn.

96033-1-7  Dr. Gale C. Bowman (Complaint of Mrs. Merrill Johnson) - Disciplinary Action - Letter of Caution to be written by Mr. Hearn.

Dr. Brooks appointed Dr. Lewis to Sergeant at Arms.

The Executive Director distributed a financial report to the Board Members.

Dr. Gordon made a motion that the Board present Dr. E. Clinton Lowry with a plaque of appreciation for his years of service on the Board. The motion was seconded by Dr. Justus. The motion passed unanimously.

On a motion by Dr. Padgett, seconded by Dr. Brooks, the Board approved the actual expenses for this meeting.

Mr. Hearn requested a yearly meeting with the personnel committee.

The meeting was adjourned on a motion by Dr. Brooks and seconded by Dr. Gordon at 3:45 P.M.

Respectfully Submitted, 
Thomas M. Mickey


Executive Director

 

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