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2000 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


January 14 , 2000, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Kenneth Padgett, D.V.M., called the regular meeting of the Board to order at 8:00 A.M.  Others In attendance were Board members Drs. David Brooks, George Edwards, Joseph Gordon, Herbert Justus, Amy Lewis, 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 November 25, 1999, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Edwards, the minutes were approved as corrected.

The Executive Director reported that the Board's security system has been installed but some minor connections still need to be made.  It is anticipated that the final hook up will completed within two weeks.

The Executive Director reported that Dr. Guy Beretich successfully passed the Small Animal Disciplinary Exam as required by his Consent Order with the Board.

The Executive Director reported that the National Board Examination Committee is currently reviewing the National Disciplinary Exams and in all likelihood the availability of the exam will change in the near future.

Mr. Hearn reported on the status of the Board's lease.  Dr. Gordon made a motion for the Board to enter into a new lease for the current office space for a three-year period.  The lease should contain a clause that would allow the Board to withdraw from the lease given six months notice.  Dr. Brooks seconded the motion.  The motion passed unanimously.

Mr. Hearn reported on the status of Ms. Keltz's Petition for Judicial Review.  The matter will be heard in Wake County Superior Court sometime in February.

Dr. Lewis reported on her meeting with the North Carolina Veterinary Medical Association's Executive Board concerning Allied Health Care.

Dr. Gordon made a motion the Board establish a policy regarding veterinarians responsibility for therapy and diagnostics of Allied Health Care profession working under their direction.  Dr. Justus seconded the motion.  Following further discussion, Dr. Gordon withdrew his motion.  Mr. Hearn is to report back to the Board at the next meeting concerning the possibility of having a rule developed.

The Board reviewed the letter from M. Ross Oglesbee, Esquire, concerning Richard Gregory Burkett, D.V.M. and his use of the term veterinarian.  Dr. Gordon made a motion to respond to her, validating her concern, but stating this is not a public health consideration of the Board and the General Statutes allow his to work on his own animals.  Dr. Justus seconded the motion.  The motion passed unanimously.

The Board reviewed the new contract for the North American Veterinary Licensing Exam with the National Board Examination Committee.  Dr. Lewis made a motion to accept the contact [sic] with Mr.
Hearn's amendments and have the Board collect payment for the exam as the contact [sic] allows.  Dr. Edwards seconded the motion.  The motion passed unanimously.

The Executive Director distributed a financial report to the Members of the Board.  Dr. Lewis made a motion to approve the report.  Dr. Brooks seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 10:50 a.m.. for a ten-minute break.

The regular meeting of the Board reconvened at 11:00 a.m.

Dr. Lewis made a motion to enter into a closed session pursuant to G.S. § 143.318.11(a)(5), to discuss current and future employment compensation.  Dr. Edwards seconded the motion.  The motion passed unanimously.  At 11:05 a.m., the Board entered into closed session.

The regular session of the Board Meeting reconvened at 11:30 A.m.

The Personnel Committee reported on the actions taken during the closed session regarding personnel.

The Board instructed the Executive Director to purchase a digital camera and fax machine for the new Practice Facility Inspector.  Dr. Benjamin S. Turner.

Dr. Gordon made a motion that the current schedule for practice facility inspections be changed.  Following the opening or change of ownership of a practice facility, the next inspection will be at the end of one year will all further inspections being at a two-year interval.  Dr. Lewis seconded the motion.  The Motion passed unanimously.

Report of Committee on Investigations No. 1.

99028-1-1   Dr. Karol L. Troyer, (Complaint of Ms. Nancy S. Lowry) - Dismissed, No Probable Cause.

99037-1-1-1   Dr. Claire F. Hohenwarter, (Complaint of Ms. B. Sue Thomas) - Dismissed, no probable cause.

Dr. Brooks made a motion to approve the Committee on Investigations Number 1 report.  Dr. Edwards seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

99025-1-7   Dr. George G. Davis, III, (Complaint of Ms. Tammy L. Edwards) - Dismissed, no probable cause.

99036-1-7   Dr. Charlene Armstrong & Dr. Virginia Nicholls Young, (Complaint of Ms. Marcia S. Brooks) - The portion of the complaint against Dr. Armstrong was dismissed, as she was not actively involved in the treatment of the animal.  Disciplinary action against Dr. Young, Letter of Caution.

99038-1-7   Dr. Lori Ann Norelli, (Complaint of Ms. Jeanne York) - Dismissed, no probable cause.

99040-1-7   Dr. Wendy Alphin Jones, (Complaint of Mr. Douglas D. Kendrick) - Dismissed, no probable cause.

Dr. Gordon made a motion to approve the Committee on Investigations Number 7 report.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Gordon made a motion to approve the request of Dr. Donald J. Meuten for an exemption from retaking the Clinical Competency Test based on his diplomate status with the American College of Veterinary Pathologists.  Dr. Brooks seconded the motion .  The motion passed unanimously.

The Board reviewed the request from Dr. R. John Amos for the approval of an educational web site.  Dr. Lewis made a motion to deny the request on the basis that the Board does not approve or disapprove or sanction web sites.  The motion was seconded by Dr. Justus.  The motion passed unanimously. The Board reviewed the request of Ms. Alice Whitelaw, registered veterinary technician in the State of North Carolina, concerning her method of earning continuing education.  Dr. Gordon made a motion to approve her request given this unique situation but that future continuing education be limited to three hours of one on one training or three hours of computer based or video training.  The remaining hours of continuing education will have to be obtained by attending other conferences.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Dr. Padgett made a motion that the remaining five hours of continuing education necessary for the renewal of Dr. John R. Puette license renewal be waived as the result of his diagnosis with Non-Hodgkins lymphoma.  Dr. Edwards seconded the motion.  The motion passed unanimously.

The Board reviewed the request of Dr. Lauren V. Powers concerning Dr. Daniel Bossut.  The Executive Director is to inform her that there is no change to the Board previous decision, but the Board continues to investigate alternative medicine and licensure.

The Executive Director reviewed the results of the December, National Board Exam and Clinical Competency Test.  No further action was taken.

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

The members of the Board directed the Executive Director to investigate the possibility of the Board developing an Internet web site.

The meeting was adjourned by unanimous vote upon a motion by Dr. Justus and seconded by Dr. Edwards at 1:45 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


March 24, 2000, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

 

President Kenneth Padgett, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:05 A.M.  Others In attendance were Board members Drs. David Brooks,  George Edwards, Joseph Gordon, Herbert Justus, Amy Lewis, 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 January 14, 2000, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Lewis, the minutes were approved as corrected.

Mr. Hearn reported that as a result of the court calendar being filled, the Petition for Judicial Review of Ms. Keltz has been rescheduled for May.

Mr. Hearn and the Executive Director reported on Dr. Beretich's compliance with the Consent Order he entered into with the Board.  No further action was taken.

Dr. Gordon reported on his research of other Veterinary State Practice Acts concerning the ownership of veterinary practices.  The Board formed a Committee consisting of Dr. Gordon to chair, Dr. Justus., Dr. Lewis and Mr. Hearn to review the Practice Act for changes that would be presented to the Legislature at its next session.

Mr. Hearn reported on the letter that he had received from the chief legal counsel of VetCor  concerning their ownership of veterinary practices within the State.  No further action was taken.

As a result of the National Board Exam and Clinical Competency Test being replaced by the North Carolina Veterinary Licensing Exam, the Board reviewed its current licensing policies.  Dr. Edwards made a motion that those people who's National Board Exam and Clinical Competency Test scores are over five years old and who are seeking licensure in North Carolina be required to take a National Disciplinary Exam and in either small or large animal medicine.  Upon passing that exam they would be issued a limited license to practice a corresponding type of veterinary medicine.  Dr. Brooks seconded the motion.  The motion passed with Dr. Gordon and Dr. Justus opposed.

Dr. Edwards made a motion to reconsider the previous motion.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Brooks made a motion that the Executive Director develop a new application from for licensure and that form be similar to a model application for examination and or licensure developed for the American Association of Veterinary State Boards'.  Further, if the applicant meets all of the requirements of G.S. 90-187-3(a) and G..S. 90-187-3(b) that no further national testing be required.  The motion was seconded by Dr. Gordon.  The motion passed unanimously.

The regular meeting of the Board adjourned at 10:45 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 11:00 A.M.

Dr. Benjamin S. Turner, the Practice Facility Inspector for the Board, joined the meeting.  He started inspecting practice facilities for the Board the first part of February and his purpose of attending the meeting was to convey the items of non-compliance that he has been finding on inspections.  He further discussed the use of the new practice facility inspection form  As a result of his meeting with the Board the Executive Director is to contact John Womble at the North Carolina Controlled Substance Regulatory Branch and report back at the next meeting.

Mr. Hearn presented his draft of the Administrative Rule concerning Animal Health Therapies, supervision and limitation.

The Executive Director distributed a financial report to the Members of the Board.  Dr. Edwards made a motion to approve the report.  Dr. Gordon seconded the motion.  The motion passed unanimously.

Report of Impairment Committee 

98031-3-7   Dr. Margaret Patterson, Dr. Patterson is complying with terms of her Consent Order and is continued to be monitored.

99043-2-0   Dr. William Cooper, Committee recommended that a Consent Order be drafted for Dr. Cooper for his review.

00009-2-0   Dr. Carolyn Johnson, Committee recommended that a Consent Order be drafted.  The language should mirror the terms of her current Consent Order in Virginia.

00011-2-0   Ms. Donna F. Secrest, Committee directed the Executive Director to send Ms. Secrest a notice that informs her of a Board initiated complaint.  She will be given twenty (20) days to respond as required by 21 NCAC 66.0601(a).  This case is continued until the receipt of her response.

Dr. Gordon made a motion to approve the Impairment Committee's Report. Dr. Justus seconded the motion.  The motion passed unanimously.
 

Report of Committee on Investigations No. 1.

99030-8-1   Dr. Fred Cunningham, (Complaint of Mr. Cem Akin) - Dismissed, No Probable Cause.

99039-1-1   Dr. Jenny Claire Beavers, (Complaint of Ms. Donna Mahony) - Dismissed, no probable cause.

00001-1-1   Dr. John Alan Wright, (Complaint of Mr. Durwood H. White) - Consider withdrawn at the request of Mr. White.

99035-1-1   Dr. Samuel Green Griffin., (Complaint of Ms. Tonnie Love) - Continued.

00005-1-1   Dr. Paula K. Bullock, (Complaint of Mr. Rick McGee) - Dismissed, no probable cause.

Dr. Edwards made a motion to approve the Committee on Investigations Number 1 report.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

00003-1-7   Dr. Patricia Michelle Toms-Greene, (Complaint of Ms. Carla D. Trainum) - Dismissed, no probable cause.

99031-1-7   Dr. Morris A. Hughes, (Complaint of Mr. & Mrs. Jerry Benfield.) - Dismissed, no probable cause.

Dr. Gordon made a motion to approve the Committee on Investigations Number 7 report.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr.  Justus made a motion to grant Dr. Christine Jones a six (6) month extension on earning her required continuing education.   Further, she would not be allowed to use the Compendium Journal to earn the required continuing education.  This is a result of her be [sic] hospitalized and still on a feeding tube.  Dr. Brooks seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from Dr. Robert J. Nix concerning Standards for Competency.  The Board directed Mr. Hearn to draft a reply on their behalf.

Dr. Edwards made a motion to approve the request of Dr. Catherine Ann  Picut for an exemption from retaking the Clinical Competency Test based on her Diplomate status with the American College of Veterinary Pathologists.  Dr. Justus seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from Dr. Betsy T. Sigmon, Chairperson, American Veterinary Medical Association Judicial Council, concerning the ownership of medical records and good Samaritan laws.  The Executive Director is to write to Dr. Sigmon that these are just two of the issues that the new Legislative Committee will be considering.  The Board took no further action.

The Board reviewed the two letters sent by John R. Brochu concerning equine dentistry.  His first letter was sent to a local Association President concerning him giving an education program on the topic of equine dentistry to hi membership.  The second letter was sent to equine practitioners concerning a business plan that he had developed relating to the delivery of equine dental services.  A letter is to be prepared and sent to Mr. Brochu stating that equine dentistry is the practice of veterinary medicine and must be done by a licensed veterinarian of the State.

Dr. Padgett appointed a Nomination Committee consisting of Dr. Brooks and Dr. Lewis.  The Committee is to recommend a slate of officers at the next meeting.

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

Dr. Lewis made a motion to have Dr. Edwards and Dr. Gordon represent the Board at the next meeting of the American Association of Veterinary State Boards'', which will be held in conjunction with the American Veterinary Medical Association in Salt Lake City in July.  The Board will pay the actual expenses incurred by Dr. Edwards and Dr. Gordon when they attended the meeting.  The motion was seconded by Dr. Justus.  The motion passed unanimously.

The next regular meeting of the Board is scheduled for June 1 and 2, 2000.

The meeting was adjourned by unanimous vote upon a motion by Dr. Edwards and seconded by Dr. Brooks at 1:40 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


June 23, 2000, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

 

President Kenneth Padgett, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:07 A.M.  Others In attendance were Board members Drs. David Brooks, George Edwards, Joseph Gordon, Herbert Justus, Amy Lewis, 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 24, 2000, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Edwards, the minutes were approved as corrected.

Dr. Gordon and Dr. Lewis reported on the meeting with the North Carolina Veterinary Medical Association concerning a proposed rule change regarding Allied Health Care.  No further action was taken.

Mr. [sic] Brooks made a motion that the Executive Director file a Notice of Rule Making Proceedings with the Office of Administrative Hearing concerning Allied Health Care Providers. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Executive Director reported on his discussions with the DEA and John Womble concerning drug laws of North Carolina.  No further actions were taken.

The Board discussed the ownership of veterinary practice facilities by VetCor in North Carolina.  Mr. Hearn is to follow up on the discussion and report at the next meeting.

Mr. Hearn reported that Ms. Karen Keltz's attorneys have filed a Notice of Appeal with the North Carolina Court of Appeals concerning Judge Robert Farmer's Order.  The Board took no further action.

The Board discussed the American Veterinary Medical Association and the American Association of Veterinary State Boards' proposals concerning the Education Commission for Foreign Veterinary Graduates Program.  The Board took no further action.

The Board discussed the letter to Daniel Karmen, D.C. from Mr. Hearn concerning the unlicensed practice of veterinary medicine.   The Board took no further action.

The Executive Director distributed a financial report to the Members of the Board.  Dr. Gordon made a motion to approve the report.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

99035-1-1   Dr. Samuel Green Griffin, (Complaint of Ms. Tonnie Love) - Dismissed, no probable cause.

00012-1-1   Dr. Charles W. Enloe, (Complaint of Mr. Barry Melling) - Dismissed, no probable cause.

00004-1-1   Dr. John G. Cranford, (Complaint of Ms. Lori Kleinosky) - Disciplinary Action, Letter of Caution.

00016-1-1   Dr. Patrick Proctor (Complaint of Mr. Gary Lawrence) - Disciplinary Action, Letter of Caution.

00014-1-1   Dr. Charles E. Franklin and Dr. Barbara J. Morrow, (Complaint of Mrs. Delia DiCarlo) - Dismissed, no probable cause.

00019-1-1   Dr.  Kimberly Sheaffer, (Complaint of Mr. & Mrs. Mike McKitrick) - Continued, the Executive Director is to have the facility inspected by Dr. Benjamin Turner.

00021-1-1   Dr. Rodney Emanuel Oakley, (Complaint of Ms. Ruth M. Vojdani) - Dismissed, no probable cause.

00006-1-1   Dr. Dana Jones and Dr. Kevin Monce, (Complaint of Ms. Nancy and Edna Deas) - Continued.

Dr. Edwards made a motion to approve the Committee on Investigations Number 1 report.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

00007-1-7   Dr. Michelle Sheri Cox, (Complaint of Ms. Anita Ann Garland) - Dismissed, no probable cause.
00018-1-7   Dr. Beverly Cannady, (Complaint of Ms. Kimberli Hammiel) - Dismissed, no probable cause.

00013-1-7   Dr. Kathy Pearman Barbee and Dr. Elizabeth Ann Rinker, (Complaint of Mr. Mark A. Hively) - Disciplinary Action, Letter of Caution.

99042-1-7   Dr. Carroll F. Williams, (Complaint of Ms. Dianne Griffin) - No response from client, dismissed, no probable cause.

99044-1-7   Dr. James Allen, (Complaint of Ms. Marcia E. Horne) - No response from client, dismissed, no probable cause.

00010-1-7   Dr. George O. Hester, III and Dr. Margaret Conley Edwards-Seal, (Complaint of Ms. Kimberly Williams) - Dismissed, no probable cause due to Ms. Williams not wishing to proceed.

00020-1-7   Dr. Martha Sue Zimmerman, (Complaint of Ms. Missy Carlson) - Disciplinary Action, Letter of Caution.

00002-1-7   Dr. Brenda J. Parsons, (Complaint of Ms. Marcia E. Messer) - Dismissed, no probable cause.

00017-1-7   Dr. Daniel Johnson, (Complaint of Ms. Redwine and Ms. Christian) - Continued.

Dr. Gordon made a motion to approve the Committee on Investigations Number 7 report.  Dr. Justus seconded the motion.  The motion passed unanimously.

The regular meeting of the Board was adjourned at 10:30 A.M. for a five minute break.

The regular meeting of the Board reconvened at 10:35 A.M.

Dr. Edwards made a motion that new appointments to the Board be encouraged to attend the American Association of Veterinary State Boards'  New Board Member Training Program that is held once a year in conjunction with the American Veterinary Medical Association's Meeting. Dr. Gordon seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to approve the actual cost incurred to send Mr. Hearn and the Executive Director to the Council on Licensing Education and Regulation meting to be held in September in Miami, Florida. Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Gordon made a motion that the Executive Director send a letter to Dr. O. J. Gupton, concerning his Practice Facility Inspection by the Board.  The letter is to inform him that he is expected to meet all the minimum health and sanitary requirements of the Board and that he must respond to the violations found during the last inspection.  Dr. Brooks seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from Dr. Robert L. Rogers concerning vaccination protocols.  The Executive Director is to thank Dr. Rogers for his input, but the Board took no further action

The Board reviewed a letter from Dr. Burkett concerning his proposed practice facility.  The Executive Director is to inform him that the facility does not meet the requirements of a mobile facility but that of a clinic.  If he request [sic] a practice facility name approval and it meets all the minimum health and sanitary requirements of the Board, the facility will be approved.  It was moved and seconded that the Executive Director inform him of such.  Following discussion the motion was adopted unanimously.

The Board discussed at length, Dr. Lowry's question regarding Veterinary Information Networks Computer Continuing Education be approved for more than three hours of continuing education.  After the review of Administrative Rule 21 NCAC 66.0206, the Board determined that it did not have the authority to do so.  The Executive Director is to inform him of such.

The Board reviewed the letter from H. Troutman, asking if it was permissible for dog groomers to scale teeth using just a scaler and a brush.  It was moved and seconded that this is the practice of veterinary medicine and that a letter be written stating such.  Following discussion the motion was adopted unanimously.

The Board reviewed the letter concerning Gino and Cindy Pignataro practicing veterinary medicine.  It was moved and seconded that Mr. Hearn send a letter informing them to cease and desist the unlicensed practice of veterinary medicine.  Following discussion the motion was adopted unanimously.

The Board reviewed the application for veterinary license from Dr. Jeffrey Scott Smith.  It was moved and seconded to approve the application.  Following discussion the motion was adopted unanimously.

The Board reviewed the application for veterinary license from Dr. Sean Edward Redman.  Dr. Gordon made a motion that is he has satisfied the requirements of the court that his application be approved.  If he has not completed the terms of the court order, hi is to be granted a temporary permit and the application referred to the Impairment Committee.  The motion passed with Dr. Brooks and Mrs. Jones opposed.

The Board reviewed the material concerning Carey Money performing equine dentistry.   It was moved and seconded that Mr. Hearn prepare and send a cease and desist order regarding the unlicensed practice of veterinary medicine.   Following discussion the motion was adopted unanimously.

The Board reviewed the information from Dr. Charles Lloyd concerning a Tellington  Touch Workshop for dogs presented by Christine Nilsson.  The Board determined that from the information provided, it could not make a determination on if this was the practice of veterinary medicine.  The Executive Director is to inform Dr. Lloyd of such.

Dr. Gordon made a motion that the Board approve the Veterinary Technician Testing Contract with the Professional Examination Service.  Dr. Edwards seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to conform with the new contract that the fee for the National Board Exam, for Veterinary Technicians be raised to $120.00.  The motion was seconded by Dr. Edwards.  The motion passed unanimously.

Dr. Brooks and Dr. Lewis made a report  from the Nominating Committee concerning the slate of officers.  They nominated Dr. Gordon for President, Dr. Justus for Vice President and Dr. Lewis for Secretary-Treasurer.  Dr. Brooks made a motion that the slate of officers be approved and elected to their respective positions.  Dr. Edwards seconded the motion.  The motion passed unanimously.

The Board set the date of its next regularly scheduled meeting to be August 25, 2000, to be held in the Board office in Raleigh.

On a motion by Dr. Lewis, seconded by Dr. Justus, the Board approved the actual expenses for this meeting.  The motion passed unanimously.

The meeting was adjourned by unanimous vote upon a motion by Dr. Gordon and seconded by Lewis at 1:05 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


August 25, 2000, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Joseph Gordon, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:05 A.M.  In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall, Kenneth Padgett, and Mrs. Nellie Jones. The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey were also present. 

Dr. Gordon recognized and welcomed the newest member of the Board, Dr. David Marshall, who has replaced Dr. George Edwards.

The Executive Director read the minutes of the June 23, 2000, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Brooks, the minutes were approved as corrected.

Mr. Hearn reported that he is continuing work on the case pending with the North Carolina Court of Appeals, which was filed against the Board by Ms. Karen Keltz's attorneys.

Mr. Hearn reported that he is continuing his discussions with the legal counsel of VetCor concerning the ownership of veterinary practice facilities in North Carolina.

The The Executive Director reported that Dr. Gupton will be sent a letter concerning his last practice facility inspection by Dr. Benjamin Turner by the end of next week.

Dr. Padgett made a motion that the Board send an informational letter to boarding facilities and groomers about what is the practice of veterinary medicine.  Dr. Brooks seconded the motion.  The motion passed unanimously.  Dr. Marshall will send a list of the North Carolina Department of Agriculture's licensed boarding facilities to facilitate the distribution of the letter. 

Dr. Gordon reported on his attendance of the American Association of Veterinary State Boards' meeting in Salt Lake City last month.  He also reported on the progress of the Legislative Committee with their recommended changes to the General Statutes and Administrative Rules.

Dr. Gordon discussed the possibility of the Board establishing twelve-month goals and the hiring of an investigator.  The Board took no further action.

Mr. R. L. Adams, Mr. John Brochu and his wife joined the meeting at 9:11 A.M.  Mr. Adams and Mr. Brochu discussed the Cease and Desist Letter concerning the unlicensed practice of veterinary medicine that was sent to Mr. Brochu by the Board.  They also discussed the current state of equine dentistry in North Carolina.  The left the meeting at 10:05 A.M.

The regular meeting of the Board adjourned at 10:05 A.M. for a five-minute break.

The regular meeting of the Board reconvened at 10:10 A.M.

Dr. Edwards joined the meeting at 10:10 A.M. and reported on his trip to the American Association of Veterinary State Board's meeting in Salt Lake City.  At 10:55 A.M. Dr. Edwards left the meeting. 

The Executive Director distributed a financial report to the Members of the Board.  Dr. Padgett made a motion to approve the report.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Executive Director distributed a draft application for state veterinary licensure to the members of the Board.  Dr. Lewis made a motion to approve the application for use, pending corrections.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to approve the purchase of two new fireproof filing cabinets for the Board office.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

00019-1-1   Dr. Kimberly Sheaffer, (Complaint of Mr. and Mrs. Mike McKitrick) - Disciplinary action, Letter of Caution.

00022-1-1   Dr. Kenneth M. Dills and Dr. Charles William Miller, Jr., (Complaint of Mr. and Mrs. Tom Tlusty).  The portion of the complaint against Dr. Dills is dismissed with a finding of no probable cause.  Dr. Miller should receive a Letter of Caution concerning the portion of the complaint against him.

00028-11   Dr. John Lemay, (Complaint of Ms. Debbie Potter) - Disciplinary Action, Letter of Reprimand.

00024-1-1  Dr. James C.  Krepp and Dr. Lisa A. Jonas, (Complaint of Ms. Holly Richardson) - The portion of the complaint against Dr. Jonas is dismissed with a finding of no probable cause.  Dr. Krepp should receive a Letter of Reprimand.

00006-1-1  Dr. Dana Jones and Dr. Kevin Monce, (Complaint of Ms. Nancy and Edna Deas) - Continued.  The Executive Director is to send Ms. Deas a letter stating that all additional material should be received no later than September 30, 2000.  A similar letter should be sent to Dr. Jones and Dr. Monce.  [Note;  Nancy Deas and Edna Deas were notified by the NCVMB that our deadline was October 23, 2000 NOT September 30, 2000.  We notified Thomas Mickey, Executive Director of the NCVMB, so that these minutes could stand corrected.]

Dr. Padgett made a motion to approve the Committee on Investigations Number 1 report.  Dr. Lewis seconded the motion.  The motion passed unanimously

Report of Committee on Investigations No. 7.

00017-1-7     Dr. Daniel Johnson, (Complaint of Ms. Redwine and Ms. Christian) - Continued.

00008-1-7     Dr. Kurt Gregory Marks, (Complaint of Ms. Kara Stubbs) - Dismissed, no probable cause.

00023-1-7     Dr. Robert Samuel Hanes, Jr., (Complaint of Mr. and Mrs. Jason Kropka) - Dismissed, no probable cause.

Dr. Justus made a motion to approve the Committee on Investigations Number 7 report.  Dr. Marshall seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 12:10 P.M. for a ten-minute break.

The regular meeting of the Board reconvened at 12:20 P.M.

Dr. Justus made a motion that Mr. Brochu be considered an employee pursuant to G.S. 90.187.6(c) and that he be allowed to work under the direct supervision of a veterinarian.  Further, this is a temporary situation would allow him to perform equine dentistry for a period of 90 days as prescribed by his supervising veterinarian.  Dr. Padgett seconded  the motion. Following discussion the motion was revised to read, "A veterinarian may provide equine dental services through the direct supervision of an individual who the veterinarian has determined is competent to assist the veterinarian in providing these services. "  The motion passed with Mrs. Jones opposed.

The Board reviewed the information received from Dr. John Sherman, III concerning his new practice.  It was moved and seconded that he be allowed to establish such a practice, but the name must meet the guidelines of G.S. 90-181.1.  Further, that the facility must be inspected and the use of the work "specialty" is inappropriate.  Following discussion the motion was adopted unanimously.

Dr. Lewis made a motion to accept the application for license of Dr. Tricia Burnett.   Dr. Justus seconded the motion.  The motion passed unanimously.

The Board reviewed a letter from Dr. Gary Bullard concerning the Board's interest in a National License.   Following discussion, the Board directed the Executive Director to inform Dr. Bullard that this is an issue not addressed in the U.S. Constitution and therefore left to the individual states to regulate.

On a motion by Dr. Lewis, seconded by Dr. Justus, the Board approved the actual expenses for this meeting. The motion passed unanimously.

The meeting was adjourned by unanimous vote upon a motion by Dr. Brooks and seconded by Dr. Lewis at 1:35 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


November 2, 2000, MINUTES
North Carolina Veterinary Medical Board, Raleigh North Carolina


President Joseph Gordon, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:00 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall, 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 August 25, 2000, meeting.  On a motion made by Dr. Justus, seconded by Dr. Padgett, the minutes were approved as corrected.

The Board directed the Executive Director to contact Mr. John Brochu and request a status report on his providing equine dentistry in conjunction with veterinarians in North Carolina.

Mr. Hearn reported that the brief from Ms. Karen Keltz's attorneys are due at the end of the month.  Other Occupational Licensing Boards will be filing Friend of the Court Briefs.  The Board brief is due at the end of December.

The Executive Director is to expand his letter concerning the practice of veterinary medicine.  This letter is to be sent to Boarding and Kennels and also to Humane Societies.

Dr. Gordon recommended to the Board that an Investigator position be established.  Dr. Padgett made a motion to establish such a position and that the salary range be between $40,000 and $45,000 plus expenses.  Dr. Lewis seconded the motion.  The motion passed unanimously.

At 8:35 a.m. Dr. Fred Faragalla joined the meeting to discuss equine dentistry.  He expressed his dissatisfaction with the Board's previous decision.  At 9:10 a.m. Dr. Faragalla finished meeting with the Board.  The Board took no further action.

At 9:15 a.m. Dr. Mary Ann McBride joined the meeting to discuss her Mobile Spay-Neuter Assistance Program of North Carolina.  With her was her employee Dr. Laureen Yetta Bartfield.  After the Board inspected her mobile unit she explained how she provides veterinary service.

At 10:25 A.m. Dr. David F. Scotton, Dr. Randy Jones, Dr. H. L. Whitley, Jr. and Dr. Stanley L. Griffith joined the meeting to further discuss Dr. McBride and her program.  At 11:10 a.m. all parties concerned with the activities of the Mobile Spay Neuter Assistance Program of North Carolina left the meeting.

The regular meeting of the Board adjourned at 11:10 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 11:20 A.M. 

The Executive Director distributed a financial report to the Members of the Board.  Dr. Lewis made a motion to approve the report .  Dr. Padgett seconded the motion.  The motion passed unanimously.

Following the review of the financial report and the recommendation of the Executive Director, Dr. Padgett made a motion to raise the annual veterinary license renewal fee from $75.00 to $100.00, effective next year.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Dr. Padgett made a motion to raise the veterinary technician renewal fee from $15.00 to $20.00.  Dr. Brooks seconded the motion.  The motion failed to pass.

The regular meeting of the Board adjourned at 12:00 P.M. for lunch.

The regular meeting of the Board reconvened at 1:30 P.M. 

Report of Committee on Investigations No. 1.

00006-1-1  Dr. Dana Jones and Dr. Kevin Monce, (Complaint of Ms. Nancy and Edna Deas) - Continued.

00032-1-1  Dr. Mary Green, (Complaint of Mr. and Mrs. Mike Sprunger) - Disciplinary action - Letter of Reprimand.

00029-1-1  Dr. Robbins L. Miller, (Complaint of Mrs. Barbara Foster) - Dismissed, no probable cause.

00026-1-1  Dr. Richard Ghiloni and Dr. Donna Dishman, (Complaint of Ms. Brenda King) - Dismissed, no probable cause

00011-2-1  Donna R. Secrest, R.V.T., (Complaint of North Carolina Veterinary Medical Board) - Continued.

Dr. Lewis made a motion to approve the Committee on Investigations Number 1 report.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

00017-1-7   Dr. Daniel Johnson, (Complaint of Ms. Redwine and Ms. Christian) - Disciplinary action, Letter of Caution.

00025-1-7   Dr. Kathleen M. Bissell (Complaint of Mr. Robert Thacker)  - Dismissed, no probable cause.

00015-1-7   Dr. Gordon R. McCurry, (Complaint of Ms. Yvonne P. Rickabaugh )  - Disciplinary action - Letter of Caution.

00027-1-7   Dr. Joanna Tysor, (Complaint of Ms. April Hudson)  - Dismissed, no probable cause.

00030-1-7   Dr. Tetsoya Kobayashi, (Complaint of Ms. Pamela K. Painter)  - Disciplinary action - Letter of Reprimand.  As part of this complaint the North Carolina State University College of Veterinary Medicine is to receive a Letter of Caution.

00037-1-7   Dr. Joe Packheiser, (Complaint of Ms. Gail Padgett)  - Considered withdrawn at the request of Ms. Padgett.

00033-1-7   Dr. James Smith, Dr. Mark Hayes and Dr. Vance Campbell, (Complaint of Ms. Peggy Bryant)  - Dismissed, no probable cause.

00035-2-7   Dr. Don H. Gwynn and Dr. David Alan Conde, (Complaint of Ms. Bonnie Poythress)  - Continued.

00031-1-7   Dr. Jeffrey Morrison, (Complaint of Ms. Sharon Worley)  - Disciplinary action - Letter of Caution.

00039-1-7   Dr. James Smith and Dr. Mark Hayes, (Complaint of Ms. Maureen Lin)  - Disciplinary actions - A Letter of Caution is to be issued to Dr. Smith and a Letter of Caution and a Letter of Reprimand is to be issued to Dr. Hayes.

Dr. Justus made a motion to approve the Committee on Investigations Number 7 report.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 2.

00040-1-2   Dr. Mitchell K. Barnes, (Complaint of Mr. Carl Richter) - Continued.

The Board reviewed the letter from Mr. Christopher W. Lloyd, President & Chief Operations Officer, of PetMed Express, concerning Carteret Animal Hospital.  The Executive Director is to send Mr. Lloyd a letter explaining that the prescription policy that Carteret Animal Hospital follows is reasonable.  The Board took no further action.

The Board reviewed the information from Susan B. Tuman, President for the Board, of Operation Topcat.  The Executive Director is to write her and explain that the Board does not inspect locations were [sic] feral cats are spayed or neutered.  Further, The Executive Director is to write to Dr. Charles Franklin, Dr. Emma Jane Lackey, Dr. Robert M. Sheegog and Dr. Rosemarie Williams and request information on their involvement with Operation Topcat.

The Board reviewed the application for a veterinary license from J. Mark Beverly, D.V.M.  After reviewing the application it was determined by the Board that Dr. Beverly misrepresented himself to the Board on his application.  Dr. Marshall made a motion to deny his request for a veterinary license based on this misrepresentation.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the information concerning Scott Line, D.V.M., and his apparent practice of veterinary medicine in North Carolina without a current North Carolina Veterinary License.  A letter is to be sent to him informing him to cease and desist the practice of veterinary medicine until such time as he has reinstated his North Carolina Veterinary License.  If he wishes to provide veterinary services in the State it must be from an approved and inspected veterinary practice facility.  Further, the Executive Director is to request information from Ann Line, D.V.M. on her method of providing veterinary services in North Carolina.

Dr. Lewis made a motion to enter into a closed session pursuant to G.S. § 143.318.11(a)(5), to discuss current and future employment compensation.  Dr. Justus seconded the motion.  The motion passed unanimously. At 3:30 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 3:45 P.M.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Padgett and seconded by Dr. Lewis at 3:55 P.M.

Respectfully Submitted,
Thomas M. Mickey
Executive Director

 

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