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2002 Minutes of the North Carolina Veterinary Medical Board
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January 11 , 2002, 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 8:06 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall and Kenneth 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 1, 2001, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Padgett, the minutes were approved as corrected.

The Board reviewed the December 27, 2001, letter from Charles E. Loops, D.V.M. concerning the approval of a veterinary practice facility name.  Dr. Justus made a motion to approve his first choice, Charles E. Loops, DVM, Office of Veterinary homeopathy, provided that Dr. Loops must have a valid veterinarian-client-patient relationship to provide veterinary services.  Diagnosis and the dispensing of medicines cannot be made without that relationship.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the practice facility inspection report of Yadkin Veterinary Hospital, owned by Dr. Roger Holt.  Based on the inspection report by Dr. Turner the inspection certificate should be issued.  No further action was taken.

The Board reviewed the practice facility inspection of Bladen Animal Hospital, owned by Dr. N. W. Midyette.   Dr. Lewis made a motion to terminate the consent order with Dr. Midyette concerning practice facility inspection violations.  The facility must be brought up to the minimum facility and practice standards and reinspected within thirty days.   Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed the practice facility inspection report of James E. Brown, D.V.M. (he named the practice after himself) owned by Dr. James E. Brown.  Dr. Lewis made a motion to terminate the consent order with Dr. Brown concerning practice facility inspection violations. The facility must be brought up to the minimum facility and practice standards and reinspected within thirty days.   Dr. Padgett seconded the motion.  The motion passed unanimously. 

The Board reviewed the last affidavit need from Dr. Jeffrey Sands. He has applied for a veterinary license pursuant to General Statute 90-187.3(a1).  Dr. Lewis made a motion to issue Dr. Sands his license.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Executive Director reported that an informational letter concerning equine dentistry was sent to Mr. Doug Van Cleave.   After receiving his letter Mr. Van Cleave called the Board office and stated that he will not be performing equine dentistry in North Carolina.  No further action was taken.

The regular meeting of the Board adjourned at 9:05 A.M. for a five-minute break.

The regular meeting of the Board reconvened at 9:15 A.M.

The Board reviewed the letter from Mabel Y. Bullock, Special Deputy Attorney General with the State of North Carolina Department of Justice.  On November 29, 2001, she rendered a legal interpretation of the rabies law of North Carolina.  Mr. Hearn will convey the Board's discussion to Ms. Bullock.  No further actions was taken.

The Executive Director reported that his request from Motor Fleet Management for information on the use of a State car received no response.  The Executive Director will follow up.  No further action was taken.

The Board reviewed the progress on the search for new office space for the Board.  It was the consensus that a new office condo type space would be preferable.  Dr. Lewis made a motion to establish an office building fund of $400,000.00.  Dr. Brooks seconded the motion.  The motion passed unanimously.

Dr. Gordon, Dr. Lewis and Mr. Hearn discussed their meeting with the North Carolina Veterinary Medical Association's Legislative Committee to discuss proposed changes to the Veterinary Practice Act.  No further action was taken.

Mr. Hearn reported that the North Carolina Supreme Court has denied Ms. Karen Keltz' [sic] Petition for Discretionary Review.

The Board discussed the issue of the ruling by Abraham Penn Jones, Superior Court Judge, that administrative fines collected by a variety of state agencies must be redistributed to local school systems.  Dr. Lewis made a motion, that if the Board is asked, that Mr. Hearn file, if he thinks it is appropriate, an Amicus Curiae Brief on the behalf of the Board.  Dr. Justus seconded the motion.  The potion passed unanimously.

Report of Committee on Investigations No. 1.

01035-1-1   Dr. Jeffrey Todd Denny (Complaint of Ms. Lesa Hicks and Ms. Kelly Reynerson) - Dismissed, no probable cause.

01037-1-1   Dr. James Melvin Howard (Complaint by Mr. and Mrs. Mike Garner) - Disciplinary action; Letter of Reprimand.

01043-1-1   Dr. Gary Davis (Complaint by Ms. Amber Powell) - Disciplinary action; Letter of Caution.

01041-1-1   Dr. Robbie Nunnamaker Haskins (Complaint by Mr. J. B. Coats) - Dismissed, no probable cause.

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.

01019-1-7   Dr. Richard Killough & Dr. Richard Jay Wittman, (Complaint of Ms. Susan N. Diamond) - Dismissed, no probable cause.
01047-2-7   Dr. Kim V. Hombs & Dr. Kelly Rene Russell, (Complaint of the Board) - Disciplinary Action, Letter of Reprimand and $500.00 civil monetary penalty.  Dr. Russell also must earn an additional 20 hours of continuing education next year.
01038-1-7   Dr. Christine Marie Miles, (Complaint of Ms. Melissa Boyack) - Dismissed, no probable cause.
01042-1-7   Dr. Rebecca A. Lewis, (Complaint of Ms. Shirley Parrish) - Dismissed, no probable cause.

01044-1-7   Dr. Lynn Alton Reed and Dr. Carri Williams Hampton, (Complaint of Ms. Marcie Foskey) - Disciplinary action; Letter of Caution.

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

Report of Committee on Investigations No. 8.

01014-2-8   Dr. Stanley Cameron Corbin, (Complaint of the North Carolina Veterinary Medical Board) - Disciplinary action; Letter of Reprimand, $500.00 civil monetary penalty and 20 additional hours of continuing education for this year.

01045-2-8   Dr. Leslie Leidecker, (Complaint of the North Carolina Veterinary Medical Board) - Disciplinary action; Letter of Reprimand, $500.00 civil monetary penalty and 20 additional hours of continuing education for this year.

01007-2-8   Dr. Scott William Line, (Complaint of the North Carolina Veterinary Medical Board) - Disciplinary action; Letter of Reprimand, $500.00 civil monetary penalty and 20 additional hours of continuing education for this year.

01049-2-8   Dr. R. Earl Johnson, Jr., (Complaint of the North Carolina Veterinary Medical Board) - Disciplinary action; Letter of Reprimand, $500.00 civil monetary penalty and 20 additional hours of continuing education for 2003.

Dr. Marshall made a motion to approve the Committee on Investigations Number 8 report.  Dr. Brooks seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 12:05 P.M.. for a five-minute break.

The regular meeting of the Board reconvened at 12:10 P.M.

The Board discussed the new tort claim limits of the state and personal vehicle insurance coverage.  The Executive Director will follow up with the Board's insurance agent.  No further action was taken.

The Board reviewed the November 7, 2001, letter from Mark P. Nasisse, D.V.M., President of Carolina Veterinary Specialists Referral Animal Hospital, P.A.  He explained that Animal Emergency and Trauma Center is a department of Carolina Veterinary Specialists.  The Board determined that as a department of Carolina Veterinary Specialists Referral Animal Hospital no additional inspection is required.  Name approval would be advised.  No further action was taken.

The Board reviewed the information received from The College of Veterinarians of Ontario concerning the peer review of medical records.  The Board took no further action.

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 of Board staff.  Dr. Marshall seconded the motion.  The motion passed unanimously.  At 1:10 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 2:05 P.M.

On a motion by Dr. Brooks, seconded by Dr. Lewis, 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. Justus at 2:10 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

March 22, 2002, 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 8:30 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall and Kenneth Padgett.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

The Executive Director read the minutes of the January 11, 2002, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Lewis, the minutes were approved as corrected.

Dr. Gordon discussed the responses to the President's letter that the Board office received.  The Executive Director and Mr. Hearn should contact the Oklahoma and California State Veterinary Licensing Boards to gather details about veterinary practice facility ownership in those states.  Dr. Gordon will respond to the letters that have been received.

Mr. Hearn reported that he had written to Mabel Y. Bullock, Special Deputy Attorney General with the State of North Carolina Department of Justice as the Board had requested during the last Board meeting.  No further action was taken.

Mr. Hearn discussed veterinarians holding animals for payment.  It was determined that General Statutes 44A, Statuary Liens and Charges, would allow a veterinarian to hold an animal for payment.  If a veterinarian is going to do so there should be a clear payment policy communicated to the client at the time the services are requested.

Dr. Lewis made a motion to establish a reserved fund balance of $400,000.00.  This reserve fund will be used to purchase office space for the Board.   Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to approve the purchase of a new computer for the Board.  The purchase is not to exceed $2,000.00  Dr. Justus seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 9:25 A.M. for a five-minute break. 

The regular meeting of the Board reconvened at 9:35 A.M.

Report of Committee on Investigations No. 1.

01046-1-1   Dr. Beverly Fax Cannady, (Complaint of Ms. Deborah Lynn Self) - Dismissed, no probable cause.

01050-1-1   Dr. Larry D. Cooper and Dr. Carmencita Matibag Amparo, (Complaint by Ms. Brenda Bray) - Dismissed, no probable cause.

02001-1-1   Dr. Dana Jones, (Complaint by Ms. Carol Ficklin) - Disciplinary action; Letter of Caution.

02003-1-1   Dr. Amy E. Patterson, (Complaint by Ms. Carole A. Stork) - Dismissed, no probable cause.

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

The Committee reviewed the letter from R. Earl Johnson, D.V.M. that was in response to the Board's Letter of Reprimand and Civil Monetary Penalty.  The Executive Director is to respond and ask Dr. Johnson if he would like to meet with the Board at its next meeting.

At 10:00 A.M. Michael W. Wilkerson, MD, Medical Director, for the North Carolina Physicians Health Program (NCPHP) appeared before the Board to continue his previous discuss [sic] with the Board.  He explained that the first step in the process involved a change to the General Statutes.  He estimates the cost involved with establishing a program would be $100,000.00.  Dr. Wilkerson left the meeting at 10:30 A.M.  Dr. Padgett made a motion to have Mr. Hearn review General Statutes 90-21.22 and 90-85.41.  As part of his motion and to start the development of the program Dr. Padgett allowed for the expenditure of up to $5,000.00 of Board funds.  Dr. Wilkerson will make a presentation to the June meeting of the North Carolina Veterinary Medical Association and Board.  Dr. Brooks seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

01025-1-7   Dr. Michael J. Puckett, (Complaint of Ms. Ginger Roseman) - The Board had previously dismissed this complaint, which concerned the care and treatment of a foal, with a finding of no probable cause.  Ms. Roseman had requested the Committee to review the care and treatment of her mare.  The Committee has recommended that a new complaint be initiated.
01028-1-7   Dr. Ronald C. Myres & Dr. Barbara Jo Pepin, (Complaint by Ms. Patricia Zumkehr) - The Board had previously dismissed this complaint, with a finding of no probable cause.  Ms. Zumkehr had requested the Committee review its previous decision.  The Committee reviewed the additional material provided by Ms. Zumkehr, but determined that its previous decision to dismiss the complaint was correct.

01034-1-7   Dr. Margaret Edwards Powell & Dr. Sandra Marie Grant, (Complaint of Mr. Don Penny) - No response from Mr. Penny the complaint is dismissed with a finding of no probable cause.

01048-1-7   Dr. William A. Caudle, (Complaint of Amy E. Miller, D.V.M., Ms Christy M. Henson & Ms. Julie DeSmith) - Continued.

01051-1-7   Dr. William A.. Caudle, (Complaint of Mr. & Mrs. Wil Marshall) - Disciplinary Action; Letter of Caution.

01052-1-7   Dr. John Dowler, (Complaint of Ms. Laurie McGahey) - Disciplinary Action; Letter of Reprimand and $2,5000.00 civil monetary penalty.

01054-1-7   Dr. Leslie L. Leidecker, (Complaint of Ms. Claudia M. Jorgensen) - Disciplinary Action; Letter of Caution.

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

The Board members left the office and traveled to three potential buildings for sale.  After all of the buildings were viewed the Board members returned to the office.

The Board's new investigator met with the Board to present a status report on his first three months of work.  No further actions was taken.

Dr. Justus made a motion to allow Carol M. Kelly, D.V.M., an extension until May 31, 2002, to earn her required continuing education.  The basis for the motion is Dr. Kelly's birth and death of her daughter.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed the changes by the state to the costs allowed for mileage reimbursement.  Dr. Marshall made a motion to change the allowable reimbursement cost to 36.5¢ per mile to match the state rate.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to have Dr. Gordon and the Executive Director attend the American Association of Veterinary State Boards' meeting in Nashville.  The Board will pay the actual expenses for Dr. Gordon, the Executive Director, the Board investigator, and any other Board Member, to attend.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Marshall made a motion to not approve the continuing education request from Steve Odland, D.V.M. for the texts he has written.  Dr. Justus seconded the motion.  The motion passes unanimously.

Dr. Lewis made a motion to allow Thann Rebecca Boyum, D.V.M., an extension until July 2, 2002, to earn her required continuing education.  The basis for the motion was Dr. Boyum's back and neck injury last year.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed the information received from Dr. David DeYoung, North Carolina State University, College of Veterinary Medicine, concerning the policy and procedures that have been implemented at NCSU, CVM in the last six months.  No further action was taken.

Dr. Gordon appointed a Nominating Committee consisting of Dr. Marshall, Dr. Justus and Dr. Padgett.  The Committee is to recommend a slate of officers at the next Board meeting.

On a motion by Dr. Justus, 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. Lewis and seconded by Dr. Brooks at 3:30 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

June 20, 2002, MINUTES, North Carolina Veterinary Medical Board, Charlotte, 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 Nancy Robinson, R.V.T. The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

Mrs. Nancy Robinson, R.V.T. was welcomed by the members of the Board.  She was appointed to the Board by the Speaker of the House.  Her term commenced May 6, 2002, and is through June 30, 2006.

Benjamin S. Turner, D.V.M., Practice Facility Inspector, reported on problem facilities, the inspection of kennels and the use of outdated drugs.

The Executive Director is to invite Charles E. Loops, D.V.M. to the next Board meeting to discuss his homeopathic services.

The regular meeting of the Board adjourned at 9:15 A.M. for a ten-minute break. 

The regular meeting of the Board reconvened at 9:25 A.M.

The Executive Director read the minutes of the March 22, 2002, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Justus, the minutes were approved as corrected.

The Board's investigator met with the Board to present a status report on his work for the last three months.  No further action was taken.

Dr. Gordon discussed his work on the American Association of Veterinary State Boards'' technician portion of their guidelines for practice acts.  No further action was taken.

Mr. Hearn discussed possible hearing dates for the pending case against Ms. Marguerite A. Yates, R.V.T.  For the purpose of this hearing Dr. Justus made a motion that Ms. Jones' position be declared vacant by reason of her medical disability.  Dr. Padgett seconded the motion.  The motion passed unanimously.  The hearing panel will consist of Dr. Padgett, Dr. Brooks, Mrs. Robinson and Dr. Lewis who will serve as Chairman.

Dr. Padgett made a motion to approve the memorandum of understanding, as revised by Mr. Hearn, with the North Carolina Physicians Health Program.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Mr. Hearn reviewed with the Board draft language for impaired veterinarians.  Dr. Padgett made a motion to approve the draft language.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to approve the language prepared by Mr. Hearn to be substituted fro House Bill 1449.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to approve the purchase of property, located at 1601 Jones Franklin Road, for the Board office.  Dr. Padgett 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. Padgett seconded the motion.  The motion passed unanimously.

Dr. Lewis made a motion to raise the veterinary renewal fee to $150.00, the technician renewal fee to $25.00, the intern/preceptee registration fee to $15.00, and the Veterinary Technician National Examination fee to $125.00.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Padgett made a motion to approve the expenses associated with sending Mr. Hearn to the American Association of Veterinary State Boards' meeting in Nashville Tennessee.  Mr. Hearn is to report back to the Board.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

02005-1-1   Dr. Stewart F. Roberts, (Complaint of Ms. Tabatha McLaughlin) - Dismissed, no probable cause.

01055-1-1   Dr. Ann Teresa Parker, (Complaint by Mr. & Mrs. Hank Heylek) - Letter of Caution.

02012-2-1   Dr. Ralph Mitchell Byrd, Jr., (Complaint by the Board) - Letter of Caution.

01053-1-1   Dr. Erica Humphrey Johnson, (Complaint by Mr. & Mrs. Tony Suriano) - Letter of Caution.

02009-2-1   Dr. James Harvey Lilley, Jr., (Complaint by the Board) - Consent Order proposed.

02015-1-1   Dr. Sandra Hoet Albright and Dr. Renee Helms, (Complaint by Ms. Phyllis Macchia) - Dismissed, no probable cause.

02017-1-1   Dr. Thomas George Pejsa and Dr. Jennifer Michele Gemma, (Complaint by Ms. Holly Niemic) - Letter of Caution.

02020-1-1   Dr. John Patrick Galligan, Jr., (Complaint by Ms. Pam Hudgins) - Dismissed, no probable cause.

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.

01040-1-7   Dr. Jimmy L. Sain, (Complaint of Mr. & Mrs. Cook) - No response from Mr. & Mrs. Cook.  Dismissed, no probable cause.
02004-1-7   Dr. S. J. Dalrymple, (Complaint by Ms. Jacqueline Brown) - Dismissed, no probable cause.

02010-1-7   Dr. Humberto Marti, (Complaint of Mr. Robert J. Miller) - Letter of Caution.

01044-1-7   Dr. Lynn Alton Reed and Dr. Carri Williams Hampton, (Complaint of Ms. Marcie Foskey) - The Committee reviewed Dr. Reed's request for a reconsideration of the Letter of Caution that was issued at the last Board meeting.  The Committee chose to let its previous decision stand.

02016-1-7   Dr. Ann Witten Stuart and Dr. Mark Edward Forde, (Complaint of Ms. Kathy Korth) - Ms. Korth has chosen to withdraw her complaint.  After review the Committee chose to dismiss the complaint.

02011-1-7   Dr. Michael J. Puckett, (Complaint of Ms. Ginger Roseman) - Letter of Caution.

02021-1-7   Dr. Charles Hughes Livaudais, (Complaint of Mr. Earl H. Fuller) - Dismissed, no probable cause.

02013-1-7   Dr. Ann Witten Stuart and Dr. Mark Edward Forde, (Complaint of Ms. Penny Parker Beaird) - The portion of the complaint against Dr. Stuart is dismissed with a finding of no probable cause.  The portion of the complaint against Dr. Forde is a Letter of Caution.

02023-1-7   Dr. Thomas R. Bello, (Complaint of Dr. & Mrs. Richard Eberly) - Letter of Caution.

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

The regular meeting of the Board adjourned at 2:00 P.M. so that some members of the Board and Mr. Hearn could meet with the Executive Board of the North Carolina Veterinary Medical Association.

The regular meeting of the Board reconvened at 3:00 P.M.

At the request of the North Carolina Board of Ethics and Evaluation of Statement of Economic Interest filed by Ms. Nancy K. Robinson, R.V.T. Was read pursuant to Executive Order Number One.

Mrs. Robinson made a motion that the Board approve the Veterinary Technician National Exam Testing Contract with the Professional Examination Service.  Dr. Justus seconded the motion.  The motion passed unanimously.

The Board reviewed the proposed calendar for 2002-2004.  No further action was taken.

The Board discussed the contact [sic] for the purchase and up fit for the proposed office space.  No further action was taken.

The Committee on Investigations No. 1 reviewed the Board initiated complaint number 02008-2-1 against Dr. Katherine V. Crumley.  It was the finding of the Committee to issue a Letter of Reprimand.

Dr. Padgett reported for the Nomination Committee concerning the slate of officers.  The Committee nominated Dr. Justus for President, Dr. Lewis for Vice President and Dr. Marshall for Secretary-Treasurer.  Dr. Padgett made a motion that the slate of officers be approved and elected to their respective positions.  Mrs. Robinson seconded the motion.  The motion passed unanimously.

The Board reviewed the presentations and discussions in relevant committee meetings, with the North Carolina Veterinary Medical Association, attended by certain members of the Board.  The Board determined that by holding its June meeting in Charlotte, at the Omni Hotel, it provided Board Members with communications, 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 veterinary professional groups are convening can be a communication resource for the Board.  Upon a motion by Dr. Padgett, seconded by Dr. Marshall, the Board approved the actual expenses incurred for travel, meals and lodging for Board Members, Executive Director and Board Attorney.

The meeting was adjourned by unanimous vote upon a motion by Dr. Padgett and seconded by Mrs. Robinson at 4:05 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

September 6, 2002, MINUTES, North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Herbert Justus, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:22 A.M.  In attendance were Board members Drs. Joseph Gordon, Linwood Jernigan, Amy Lewis, David Marshall, Kenneth Padgett, Mrs. Nancy Robinson, R.V.T. and Ms. Rebecca Bruton.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

The Executive Director read the minutes of the June 20, 2002, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Lewis, the minutes were approved as corrected.

Dr. Gordon reported on the American Association of Veterinary State Boards' (AAVSB) meeting that he attended in Nashville, Tennessee in July.  No further action was taken.

The Board members discussed possible content of the next Board Newsletter.  Dr. Padgett made a motion that the AAVSB response to the American Veterinary Medical Associations (AVMA) mailing to its members be incorporated in the next Newsletter.  Mrs. Robinson seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 8:55 A.M. for a five-minute break.

The regular meeting of the Board reconvened at 9:00 A.M.

The Board's investigator met with the Board to present a status report on his work for the last three months.  No further action was taken.

The Board discussed Allied Veterinary Health Care Providers.  This item is to be placed on the agenda of the next Board meeting.  No further action was taken.

At 9:40 A.M. Dr. Charles Loops joined the meeting to discuss his homeopath services.  Following his presentation Dr. Loops left the meeting at 10:15 A.M. No further action was taken.

The regular meeting of the Board adjourned at 10:15 A.M. for a five-minute break.

The regular meeting of the Board reconvened at 10:20 A.M.

At 10:20 A.M., Oscar Fletcher, D.V.M., Dean of the North Carolina State University (NCSU, CVM), College of Veterinary Medicine, David DeYoung, Associate Dean of the Veterinary Teaching Hospital at NCSU, CVM, Mr. Tony DeAngelo, Associate Director, Global Pet Health and Nutrition, Proctor and Gamble and Mr. Kim Hyde, Vice President, Development and Operations, IAMS Pet Imaging Center joined the meeting.  They discussed the non-veterinary ownership of a proposed animal imaging center.  The proposal is for the NCSU, CVM to lease space in its Veterinary Teaching Hospital to IAMS Pet Imaging, LLC (IPI).  IPI will operate a magnetic resonance imaging facility staffed by veterinarians and technicians employees of IPI under the terms of a collaborative project agreement.  Following the discussion Dr. Gordon made the following motion.  "In order to improve imaging quality, education, research and the teaching aspect of the NCSU, CVM and due to the unique and overwhelming benefit to the public health, safety, and welfare for the people and animals of North Carolina the Board endorses the concept of the private and public partnership affiliation of IPI and NCSU, CVM, as presented by Dean Fletcher.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The members of the Board welcomed Joseph Linwood Jernigan, D.V.M.  The Governor appointed him to the Board.   His term commenced August 7, 2002 and is through June 30, 2007.  He replaces David E. Brooks, D.V.M. who completed two terms of service.

The members of the Board welcomed Ms. Rebecca A. Bruton.  The Governor appointed her to the Board.   His term commenced August 21, 2002 and is through June 30, 2006.  She replaces Ms. Nellie P. Jones. who completed more than two terms of service.

The regular meeting of the Board adjourned at 12:15 for lunch.

The regular meeting of the Board reconvened at 12:25.

Dr. Justus reported on his meeting with the North Carolina Veterinary Medical Association's Executive Board.  No further action was taken.

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.

Report of Committee on Investigations No. 1.

02022-1-1   Dr. Charles Franklin McDonell, III, (Complaint of Mr. Joseph Brown and Ms. Lisa Rozck) - Dismissed, no probable cause.

02019-1-1   Dr. Jack Shuler, Jr., (Complaint by Ms. Deborah Ferrero-Conover) - Letter of Reprimand.

02024-1-1   Dr. Dennis D. Emerson, (Complaint by Ms. Marla C. Ward) - Dismissed, no probable cause.

02027-1-1   Dr. Carmen A. Lindheimer and Dr. Toni R. Harris, (Complaint by Mr. Jim Rickards) - Letter of Caution.

02029-1-1   Dr. Joel K. Garrett, (Complaint by Ms. Terri Alford) - Letter of Reprimand.

The Committee recommended the acceptance of the Consent Order signed by Ms. Marguerite A. Yates, R.V.T., Complaint 01006 by Ms. Diane G. Nickels and Complaint 01016-5-` by Ms. Marjorie Waynick.

The Committee recommended that a Consent Order be entered into with Dr. James Harvey Lilley, Jr. to resolved complaint 02009-2-1.

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

Ms. Ann Peterson joined the meeting at 1:45 P.M. ti discuss the spaying and neutering of dogs and cats and the Animal Protection Society with the Board.  She left the meeting at 2:30 P.M.  No further action was taken.

The regular meeting of the Board adjourned at 2:30 P.M. for a five-minute break.

The regular meeting of the Board reconvened at 2:35 P.M.

Report of Committee on Investigations No. 7.

02018-1-7     Dr. Leslie L. Leidecker, (Complaint of Ms. Anna Matthews) - Dismissed, no probable cause.

02006-1-7     Dr. Mark Philip Nasisse, Dr. Linda Joanne Lew, and Dr. Robert B. Walker, (Complaint by Mr. and Mrs. Rick Lankford) - The portion of the complaint against Dr. Nasisse is dismissed with a finding of no probable cause. The portion of the complaint against Dr. Lew and Dr. Walker is a disciplinary action - Letter of Caution.

02014-1-7     Dr. Joel K. Jenson, (Complaint of Mr. and Mrs. James Fitzgerald) - Letter of Reprimand.

02026-1-7     Dr. Linda Kinney-Perry, (Complaint of Ms. Marla C. Ward) - Letter of Caution

02007-1-7     Dr. John L. Weeks and Dr. Danny Henry, (Complaint of Mr. and Mrs. Michael McGlauflin) - Dismissed, no probable cause..

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

At the request of the North Carolina Board of Ethics the Evaluation of Statement of Economic Interest filed by Dr. Joseph Linwood Jernigan was read pursuant to Executive Order Number One.

At the request of the North Carolina Board of Ethics the Evaluation of Statement of Economic Interest filed by Ms. Rebecca A. Bruton was read pursuant to Executive Order Number One.

The Board directed the Executive Director to send Dr. Loops a letter thanking him for meeting with the Board.

Upon receipt of a letter from Dr. Oscar Fletcher clarifying the proposal presented earlier in the meeting the Executive Director is to send a letter to Dr. Fletcher on behalf of the Board endorsing the concept.

The Board discussed, but took no action, on non-veterinarian owned veterinary practice facilities.

Dr. Padgett made a motion to deny the license application of Jeffrey Witwer, V.M.D. for a period of one year as a result of his previously practicing veterinary medicine in North Carolina without a veterinary licenses.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from James. R. Crawford, D.V.M. concerning continuing education requirements and the lack of the availability of full-time veterinarians.  No further action was taken.

Dr. Padgett made a motion to approve the final contact [sic] to purchase office space.  Dr. Gordon seconded the motion.  The motion passed unanimously.

Dr. Justus made a motion to begin the rule making process to revise and update 21 NCAC 66.0206, .0207, .0301 and .0303.  Mrs. Robinson seconded the motion.  The motion passed unanimously.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Lewis and seconded by Dr. Gordon at 3:35 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

November 7, 2002, MINUTES, North Carolina Veterinary Medical Board, Raleigh North Carolina


President Herbert Justus, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:06 A.M.  In attendance were Board members Drs. Joseph Gordon, Linwood Jernigan, Amy Lewis, David Marshall, Kenneth Padgett, Mrs. Nancy Robinson, R.V.T.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

The Executive Director read the minutes of the September 6, 2002, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Padgett, the minutes were approved as corrected.

The Executive Director reported on the status of the purchase of the new office space.

The Executive Director reported that the North Carolina State University (NCSU, CVM), College of Veterinary Medicine, and IAMS Pet Imaging Center project is still in the discussion and development state and that while the project is continuing no final contracts or time line has been completed.

The regular meeting of the Board adjourned at 9:10 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 9:25 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. Gordon seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

02025-1-1  Dr. Sonya T. Ingram, (Complaint of Ms. Sharonne Burks) - Dismissed, no probable cause.

02005-1-1  Dr. Stewart F. Roberts, (Complaint by Ms. Tabatha McLaughlin) - Request for a reconsideration of the Committee's previous decision denied.

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

Report of Committee on Investigations No. 7.

02033-1-7   Dr. Thomas R. Bello, (Complaint of Ms. Bonna A. Roy)  - Letter of Caution.

02032-1-7   Dr. Jerry Raymond Waddle and Dr. Sheri Leanne Wood, (Complaint by Ms. Jana A. Alexander)  - Dismissed, no probable cause.

02030-1-7   Dr. Mumtaz Vasantlal Veer, (Complaint of Mr. John Pithy)  - Dismissed, no probable cause.  There should be a complaint initiated by the Board against Dr. Wale J. Delhi.

02035-1-7   Dr. Harvey A. Ghoul and Dr. Paul Sabbath Bencuya, (Complaint of Mr. Dan Forshey)  - Letter of Caution to be issued against Dr. Goho and the portion of the complaint against Dr. Bencuya should be dismissed.

02039-2-7   Dr. Stephen Matthew Samson, (Complaint by the Board)  - Letter of Reprimand, $500.00 civil monetary penalty and an additional 20 hours of continuing education is required for renewal period ending December 31, 2003.

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

Jeffrey Witwer, V.M.D. appeared before the Board 10:00 a.m. to request that the Board reconsider its previous decision to deny him a veterinary license for one year.  At. 10:10 a.m. Dr. Witwer left the meeting.  Dr. Padgett made a motion to let the Board's previous decision stand.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the request of the North Carolina Department of Agriculture and Consumer Services Emergency Programs Division for the approval of a computer based continuing education program.  Dr. Padgett made  motion to approve the program for three hours of continuing education provided that the individual participates in monthly reporting of reportable diseases.  Dr. Lewis seconded the request.  The motion passed unanimously.

The Board's investigator met with the Board to present a status report on his work for the last three months.  No further action was taken.

Dr. Padgett discussed two letters from the Board of Chiropractic Examiners.  The Board directed Mr. Hearn to respond and inform that Board that the members of the Veterinary Medical Board have a conflict with the date of their meeting and will not be able to attend.

The Board continued their previous discussions regarding allied veterinary health care providers.  No further action was taken.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Lewis and seconded by Dr. Gordon at 11:55 A.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

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