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2003 Minutes of the North Carolina Veterinary Medical Board
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January 22 , 2003, 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 8:00 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 November 7, 2002, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Gordon, the minutes were approved as corrected.

Dr. Marshall and Mr. Hearn reported on their conversations with Michael W. Wilkerson, MD, Medical Director, for the North Carolina Physicians Health Program (NCPHP).  Dr. Justus will send a letter to Dr. Sarah Brown, President of the North Carolina Veterinary Medical Association, requesting the Associations' position on changing the Veterinary Practice Act to allow the Board to implement the impaired practitioner program.

Dr. Justus reported to the Board that the next meeting will be held at the North Carolina State Zoo in Asheboro on April 4.  Committee meetings will be on April 3.

Dr. Gordon made a motion to adjust the mileage reimbursement rate to 36 cents per mile to reflect the change made by the Internal Revenue Service.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Gordon made a motion that the North Carolina Board of Chiropractic Examiners be sent a letter requesting their position on Chiropractors providing spinal adjustments and manipulations on animals.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Mr. Hearn presented language prepared by Mr. Bill Redman concerning an act to amend the law regarding the civil remedy for protection of animals.  Following discussion the Board took no further action.

At 9:40 A.m. Lynn Victoria Swanson, D.V.M. met with the Board to discuss her application for a veterinary license in North Carolina.   Following a question and answer period Dr. Swanson left the meeting at 10:05 a.m.

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

Dr. Lewis made a motion to accept the application for license of Dr. Swanson.  Dr. Jernigan seconded the motion.  The motion passed with Dr. Padgett abstaining.

Report of Committee on Investigations No. 1.

02031-1-1   Dennis C. Orr, D.V.M. (Complaint of Ms. Judy Ford) - Dismissed, no probable cause

02034-1-1   James M. Floyd, Jr., D.V.M. And Karl B. Milliren, D.V.M. (Complaint by Ms. Carolyn Jones) - Disciplinary action, Dismissed, no probable cause.

02036-1-1   Eugene Upshaw, Jr., D.V.M. (Complaint by Ms. Coretta Montague) - Letter of Reprimand and $300.00 civil monetary penalty. 

02036-1-1   Sherri Lynn Hicks, D.V.M. (Complaint of Ms. Shelly Chambers - Dismissed, no probable cause.

02044-1-1   Heath Dale Wiseman, D.V.M. (Complaint by Ms. Gina Walker) - Dismissed, no probable cause.

02038-1-1   Joel K. Garrett, D.V.M. (Complaint by Mr. and Mrs. Buddy Hewitt) - Dismissed, no probable cause.

02042-1-1   Brian Michael LeFevre, D.V.M. (Complaint by Mr. John J. Pappianne) - 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.

02037-1-7   Jeff Wilkins, D.V.M. (Complaint of Ms. Shirley Weatherston) - Letter of reprimand.

02038-1-7   Daniel Lee Patterson, D.V.M. (Complaint by Ms. Jan Russell) - Letter of reprimand and $500.00 civil monetary penalty.

02043-1-7   Ahmed N. Said, D.V.M. (Complaint by Mr. Jessy Mazyck) - Letter of reprimand and $500.00 civil monetary penalty.

02041-1-7   Jennifer A. Seals, D.V.M. (Complaint by the Board) - Dismissed, no probable cause.  A cease and desist letter is to be sent to The Haven-Friends for Life No-Kill Shelter in Raeford North Carolina.

02035-1-7   Harvey A. Goho, D.V.M. (Complaint of Mr. Dan Forshey) - A Letter of Caution was issued at a previous Board meeting.  Dr. Goho has since requested a reconsideration of the disciplinary action.  The case has been continued pending an additional response from Mr. Forshey.

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

Report of Committee on Investigations No. 8.

02054-2-8   Robert Krawczyk, D.V.M. and Jeffrey Courville, D.V.M. (Complaint by the Board) - Continued.

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

The regular meeting of the Board adjourned at 11:25 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 11:35 A.M.

Thomas Martin Daniel, Jr., D.V.M. joined the meeting to discuss Alison Morton, D.V.M., an employee of his veterinary practice facility, who apparently practicing veterinary medicine without a veterinary license.  Dr. Daniel acknowledged that by meeting with the Board he waives the requirements of 21 NCAC 66.0600.  After meeting with the Board Dr. Daniel left the meeting at 11:55 a.m.  Dr. Lewis made a motion to accept the veterinary license application from Dr. Morton and to initiate a Board complaint against both doctors.  Dr. Padgett seconded the motion.  The motion passed unanimously. James Franklin McCarney, D.V.M. joined the meeting at 12 noon to discuss his apparent practice of veterinary medicine without a veterinary license.  After meeting with the Board Dr. McCarney left the meeting at 12:10 p.m. Dr. Gordon made a motion to accept the veterinary license application of Dr. McCarney to to initiate a Board complaint against him and his employer at the time the apparent practice took place.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board discussed Chapter 115C, Article 31A, Civil Penalty and Forfeiture Fund.  Dr. Padgett made a motion that the Board withhold the actual costs of collection of civil monetary penalties as allowed.   Dr. Jernigan seconded the motion.  The motion failed with all other members opposed.

The Board discussed allowing management courses for continuing education.  No further action was taken.

At the request of Dr. Padgett the Board discussed a January 1, 2003 article from the Journal of American Veterinary Medical Association entitled, "Practicing Veterinary Medicine Across State Lines - Are You Legal?"  No further action was taken.

The Board reviewed the letter from Roger L. DeHaan, D.V.M. concerning other health professionals working with or under a veterinarian's license.  A letter is to be sent that, while it is a continuing topic of conversation, the current law does not permit it.

The Board discussed Charles E. Loops, D.V.M. and his apparent changing of  other veterinarians treatment protocols without a physical exam of the patient, a review of medical records, or a consultation with the original veterinarian.  A letter is to be sent to Dr. Loops explaining the veterinarian-client-patient relationship.

Dr. Gordon 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. Padgett seconded the motion.  The motion passes unanimously.  At 12:40 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 12:55 p.m.

The Executive Director presented the investigator's status report on his work for the last three months.  No further action was taken.

On a motion by Dr. Padgett, seconded by Mrs. Robinson, 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. Padgett at 1:05 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


 

April 4, 2003, 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 7:57 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 January 22, 2003, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Padgett, the minutes were approved as corrected.

Dr. Marshall made a motion the the Board recognize a fax from Ms. Bruton and that is no other communication is received from her that a letter be sent to confirm her status on the Board.  If a letter is received it should be acknowledged with a written response as the content of her letter calls for.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Following a discussion of the Civil Monetary Penalties General Statute 115C, Article 31A, Dr. Padgett made a motion that the Board exercise its right and withhold the actual cost of the collection of Civil Monetary Penalties.  Dr. Jernigan seconded the motion.  The motion failed with Dr. Padgett, Dr. Jernigan and Mrs. Robinson voting for the motion and Drs. Gordon, Justus, Lewis and Marshall opposed.

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

The regular meeting of the Board reconvened at 9:05 A.M.

The Executive Director distributed a financial report to the Members of the Board.  Dr. Gordon made a motion to approve the report and grant the Executive Director the authority to rent the Boardroom at the new office space to interested parties at a reasonable cost.  Mrs. Robinson seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

03010-1-1  Crystal R. Smith, D.V.M. (Complaint of Ms. Amy Thompson) - Dismissed, no probable cause.

02046-1-1   Karyn A. McGowan, D.V.M. (Complaint by Ms. Patricia S. Holt) - Letter of Caution.

02052-1-1   Wallace J. Diehl, D.V.M. (Complaint by Ms. Karen Stewart) - Letter of Caution.

02019-1-1   Jack Shuler, Jr., D.V.M. (Complaint of Ms. Deborah Ferrero-Conover) - Reconsideration requested by Dr. Shuler.  Following a review the Committee determined that its previous decision to issue a Letter of Reprimand should stand.

02048-1-1   Diane Wilhalf, D.V.M. (Complaint of Ms. Jeanne Browning) 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.

02047-1-7   Charles Marshall Coats, D.V.M. (Complaint of Ms. Kimberly D. Winstead)  - Dismissed, no probable cause.

02045-1-7   Bruce Simmons, D.V.M. (Complaint by Mr. & Mrs. Rod Orozco) - Letter of Reprimand and $5,000.00 civil monetary penalty.

02035-1-7   Harvey A. Goho, D.V.M. (Complaint of Mr. Dan Forshey) - Reconsideration requested by Dr. Goho.  Following a review the Committee determined that its previous decision to issue a Letter of Caution should stand.

02051-1-7  Robinson Feola, D.V.M. (Complaint of Ms. Susan Hales) - Dismissed, no probable cause.

02049-1-7   Michelle Leigh Bryan, D.V.M. (Complaint of Ms. Donna Palmer) - Letter of Caution.

03005-1-7   Wallace J. Diehl, D.V.M. (Complaint of Ms. Lisa Klotz) - Dismissed, no probable cause.

03007-1-7   Lea Grace Osborne, D.V.M. (Complaint of Ms. Diane Davenport) - Dismissed, no probable cause.

03001-1-7   Wallace J. Diehl, D.V.M. (Complaint by the Board) - One portion of the complaint is dismissed with a finding of no probable cause.  One portion of the complaint is a Letter of Caution.

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

Dr. Padgett made a motion to enter into a closed session pursuant to General Statute 143.318.11(3) to discuss a proposed consent order with William A. Caudle, D.V.M. to resolve complaint number 01048-1-7.  Mrs. Robinson seconded the motion.  The motion passed unanimously.  At 10:30 A.M. the closed session began.

At 10:50 A.M. the regular meeting of the Board resumed.

Dr. Gordon made a motion to accept the terms of the consent order, discussed in closed session, and allow the President or Executive Director to sign the agreement on behalf of the Board, with William A. Caudle, D.V.M. to resolve complaint number 01048-1-7.  Dr. Marshall seconded the motion.  The motion passed unanimously.

The Board directed the Executive Director to add to the inspection form information about outdated supplies.

Dr. Gordon made a motion to enter into a closed session pursuant to General Statute 143.318.11(3) to discuss a proposed consent order with Kevin A. Monce, D.V.M. to resolve complaints 00006-1-1 and 00048-2-1.  Dr. Padgett seconded the motion.  The motion passed unanimously.  At 11:05 A.M. the closed session began.

At 11:25 A.M. the regular meeting of the Board resumed.

Dr. Padgett made a motion to accept the terms of the consent order, as discussed in closed session, and allow the President or Executive Director to sign the agreement on behalf of the Board to resolve complaints 00006-1-1 and 00048-2-1, provided that Dr. Monce signs the order today.  Dr. Marshall seconded the motion.  The motion passed unanimously.

At 11:25 Mrs. Molly Rasor, Executive Director for the North Carolina Veterinary Medical Association and Richard W. Hawkins, D.V.M. joined the meeting to discuss pending legislation in the North Carolina General Assembly.  They left the meeting at 12:20 p.m.  No further action was taken.

The Executive Director presented the Investigator's status report on his work for the last three months.  No further action was taken.

Dr. Padgett made a motion to have the Executive Director attend the American Association of Veterinary State Boards' meeting in Denver.  The Board will pay the actual expenses to attend.   Mrs. Robinson seconded the motion.  The motion passed unanimously.

Dr. Padgett made a motion to to allow Mr. Hearn attend the American Association of Veterinary State Boards' meeting in Denver.  The Board will pay the actual expenses to attend.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Dr. Gordon made a motion to endorse the program begin developed [sic] at the North Carolina State University, College of Veterinary Medicine and the Veterinary Specialty Hospital of the Carolinas as described in the letter of January 15, 2003 from David G. Bristol, D.V.M.  As part of the motion the College staff will work with the Board to assure that 21 NCAC 66.0203(a) and the agreement conform.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Dr. Gordon made a motion to approve the contract between the National Board of Veterinary Medical Examiners and the Board to provide the North American Veterinary Licensing Examination.  As part of the motion the current fee structure is to be adjusted to comply with the new contract. Mrs. Robinson seconded the motion.  The motion passes unanimously.

Dr. Gordon made a motion to approve the contract between the Professional Examination Service and the Board to provided the Veterinary Technician National Examination.  Mrs. Robinson seconded the motion.  The motion passed unanimously. Upon a motion by Dr. Padgett, seconded by Dr. Lewis, the Board approved the actual expenses for this meeting.

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

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

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


June 18, 2003, MINUTES
North Carolina Veterinary Medical Board, Myrtle Beach. South Carolina


President Herbert Justus, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:03 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 April 4, 2003, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Gordon, the minutes were approved as corrected.

The Board reviewed the May 16, 2003, response of Charles Loop, D.V.M. concerning his regimens of therapy.  The Board directed that another letter be sent to Dr. Loops explaining that to dispense medicines a valid veterinarian-client-patient relationship is needed.

The Executive Director informed the Board that the technical correction to 21 NCAC 66.0206, Minimum Standards for Continuing Education was approved by the Rules Review Commission and became effective June 1, 2003.  No further action was taken.

Mr. Hearn reported that Governor Michael Easley signed into law House Bill 978 entitled Veterinary Board Agreements/Impaired Vets.  The Board requested that Dr. Marshal [sic], Mr. Hearn and the Executive Director continue working on the development of a program with North Carolina Physicians Health Program, Inc.  No further action was taken.

Dr. Lewis made a motion to approve the Residency Agreement between North Carolina State University College of Veterinary Medicine Department of Clinical Sciences and The Veterinary Specialty Hospital of Cary [sic], Inc.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Mr. Hearn reported that both William A. Caudle, D.V.M. and Kevin A. Monce, D.V.M. signed their respective Consent Orders approved at the last meeting.

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

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

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

Report of Committee on Investigations No. 1.

03004-1-1   Kristen Anne Rowlingson, D.V.M. (Complaint of Mr. and Mrs. Rodney Morrison) - Dismissed, no probable cause.

03006-1-1   Heath Dale Wiseman, D.V.M. (Complaint by Mr. and Mrs. Tom Varner) - Letter of Caution.

02050-1-1   Susan Michele Rohrer, D.V.M. (Complaint by Mr. Ed Applegate) - Letter of Reprimand.

03016-1-1   Robbins L. Miller, D.V.M. (Complaint of Ms. Lucinda Guthrie) - Dismissed, no probable cause.

01023-1-1   Kevin Arthur Monce, D.V.M. (Complaint by the Board) - This complaint had been previously closed by issuing a Letter of Caution.  Following the review of additional information the Committee made a determination to issue a second disciplinary action, a Letter of Reprimand.

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

Report of Committee on Investigations No. 7.

03003-1-7   Charles W. Enloe, D.V.M. (Complaint of Mr. Peter B. Nalen) - Letter of Caution.

03009-1-7   Donald L. Fuller, D.V.M. (Complaint by Ms. Nicole N. Dailey) - Letter of Reprimand and $500.00 civil monetary penalty.

02053-1-7   Deana Marie McNamer, D.V.M. (Complaint of Ms. Angela Rowland) - 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.

The Investigator presented a report on his work since the last Board meeting.  No further action was taken.

The Board reviewed the May 5, 2003, Letter from Charles W. Miller, Jr., D.V.M. concerning the use of the term "special interest" and Oncologist vs. Oncology.  The Board determined his response was acceptable and a latter should be sent to him stating that.  No further action was taken.

The Board reviewed the letter from Major Jennifer A. Seals, D.V.M. concerning her continuing education requirement.  The Board determined that military CME for physicians available to her while deployed in Afghanistan would be acceptable.  No further action was taken.

The Board reviewed information concerning Evann L. Slavich and the advertisement as a Certified Animal Behaviorist.  The Executive Director is to write a letter to the doctor who provided the material.  The letter is to request that he please monitor the situation and advise the Board of any changes but at this time based on the information received this is not the practice of veterinary medicine.

The Board reviewed information concerning Valerie B. Olszyk and Pet Behavior Help.  No further action was taken.

The Board reviewed information received from the Nation Commission on Veterinary Economic Issues a non-profit organization founded by the American Veterinary Medical Association and the American Animal Hospital Association and Association of American Veterinary Medical Colleges.  Howard E. Rubin, Chief Executive Officer, requested continuing education credit for all of their web-based programs.  The Board determined that 21 NCAC 66.0206 allows for a maximum of three hours of computer based training per renewal cycle.  Regardless of the number of models or benchmarking tools completed only three hours of credit can be earned and approved.  No further action was taken.

Dr. Gordon discussed with the Board the reporting of disciplinary actions to the American Association of Veterinary State Boards' (AAVSB) disciplinary database.  Following the report from the Executive Director Dr. Marshall made a motion to not participate in the National Disciplinary Database until such time that the administrative issues with the office of AAVSB be resolved.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board set the date for the next Board meeting to be in Raleigh on September 5, 2004.  Possible meeting dates for the remained of the fiscal year are November 6, 2003, January 23, April 16, and June 24, 2005.

The Nomination Committee presented their slate of officers for 2003-2004.  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.  Dr. Lewis 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 Myrtle Beach, South Carolina, 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. Lewis, 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 by unanimous vote upon a motion by Dr. Lewis and seconded by Dr. Padgett at 11:57 A.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


September 5, 2003, 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 June 28, 2003, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Lewis, the minutes were approved as corrected.

The Board discussed meeting with the Chiropractic Board.  The Executive Director is to contact them and see if they would like representatives of the Board to attend their next meeting.  If so, Dr. Gordon and Mr. Hearn will attend.  No further action was taken.

Dr. Padgett made a motion to proceed with making a technical correction with the Rules Review Commission to 21 NCAC 66.0101 that would update the mailing address of the Board.  Dr. Gordon seconded the motion.  The motion passed unanimously.

The Board discussed the position descriptions for Veterinary Technicians and Veterinary Assistants developed by North Carolina State University College of Veterinary Medicine.  Mrs. Robinson made a motion to have Mr. Hearn send a letter about how a Veterinary Technician is defined by the Practice Act to State Personnel.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Marshall presented information on highly pathogenic feline calicivirus to the Board.  No further action was taken.

The Executive Director reported on activities of the Board office since the last meeting.

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

The regular meeting of the Board reconvened at 9:22 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. Jernigan seconded the motion.  The motion passed unanimously.

The Executive Director presented a proposal for accounting services from a local Raleigh accounting firm.  Dr. Marshall made a motion to have the Executive Director obtain two additional proposals for review at the next meeting.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

99043-2-1   William Cooper, D.V.M. (Complaint by the Board) - A status report is to be requested from Dr. Cooper.  If the status report indicates that he is in compliance a letter of reprimand should be issued instead of the previous decision to enter into a consent order.  If he is not in compliance the work on the consent order should continue.

00009-2-1   Carolyn Johnson, D.V.M. (Complaint by the Board) - The Executive Director is to contact the Virginia Board of Veterinary Medicine to determine if Dr. Johnson has complied with the terms of her consent order with the Virginia Board.  If she is in compliance a letter of reprimand should be issued instead of the previous decision to enter into a consent order.  If she is not in compliance the work on the consent order should continue.

00011-2-1    Ms. Donna F. Secrest, R.V.T. (Complaint by the Board) - A status report is to be requested from Ms. Secrest.  If the status report indicates that she is in compliance a letter of reprimand should be issued instead of the previous decision to enter into a consent order.  If she is not in compliance the work on the consent order should continue.

00046-2-1    Jonathan Kent-Kealii Stone, D.V.M. (Complaint by the Board) - Previously the Committee recommended that this complaint be resolved by a consent order, the Committee further refined the terms of the order to be substantially equivalent to the terms of the consent order for complaint no. 02009-2-1.

00045-5-1     Ms. Karen Lynn Hailey-Lacy, R.V.T. (Complaint by Jill K. Clark, D.V.M.) - A status report is to be requested from Ms. Hailey-Lacy.  If the status report indicates that she is in compliance a letter of reprimand should be issued instead of the previous decision to enter into a consent order.  If she is not in compliance the work on the consent order should continue.

03022-1-1     John M. Strasser, D.V.M. (Complaint of Ms. Ardena Evans Best) - Dismissed, no probable cause.

03018-1-1    Marius Gheorghe Cristea, D.V.M. (Complaint of Lloyd T. Harris, D.V.M.) - Continued.

03002-1-1     Andrienne Bordelon Ogles, D.V.M. (Complaint by Ms. Sonya Shell Woods) - No response from Ms. Woods, dismissed, no probable cause.

03014-1-1     Heath Dale Wiseman, D.V.M. (Complaint by Ms. Kim Killlette) - Dismissed, no probable cause. A letter of concern should also be sent to the owner of Coats Animal Hospital that conveys that the practice philosophy of the facility does not appear to be agreement with that of their clients.

03025-1-1     Carol A. Tice, D.V.M. (Complaint of Ms. Paula P. Smith) - Dismissed, no probable cause.

03008-1-1     Claudia K. Berryhill, D.V.M. (Complaint by Ms. Valerie Gentry) - No response from Ms. Gentry, dismissed, no probable cause.

Dr. Padgett made a motion to approve the Committee on Investigations Number 1 report.  Dr. Lewis seconded the motion.  The motion passed unanimously, with Dr. Padgett abstaining from complaint # 04016-1-1.

Report of Committee on Investigations No. 7.

03011-1-7     Sharon Dillon-Mastafiak, D.V.M. (Complaint of Ms. Paula I. DeCarlo) - Dismissed, no probable cause.

03013-1-7     Cara Jane Roten-Henson, D.V.M. (Complaint by Mr. Kenneth S. Sevensky) - Disciplinary actin (sic), Letter of Caution.

03019-1-7     Claude S. Kidd, D.V.M and John E. Dowler, D.V.M. (Complaint of Ms. Edith Ledbetter) - Dismissed, no probable cause.

03021-1-7     Mark Kenneth Hansen, D.V.M. (Complaint of Ms. Kathryn C. Smith) - Dismissed, no probable cause.

03017-1-7     Lorna-Marie Coyle, D.V.M. (Complaint of Ms. Jenny Noller) - Dismissed, no probable cause.

Report of Committee on Investigations No. 8.

03031-2-8     Joel M. Barden, Jr., D.V.M. (Complaint by the Board) - The Committee recommended to the Board that it issue a summary emergency order prohibiting the operation of the Veterinary Medical Center owned by Dr. Barden and initiate a notice of hearing.

Dr. Jernigan made a motion to approve the Committee on Investigations Number 8 report.  Ms. Robinson seconded the motion.  The motion passed unanimously.

The Investigator presented a report of his work since the last Board meeting.  No further action was taken.

The regular meeting of the Board adjourned at 11:15 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 11:25 A.M.

The Board reviewed the letters received concerning the North Carolina Horse Council.  Dr. Padgett made a motion to have the Executive Director send a letter to the Executive Director of the Horse Council inviting them to make a presentation to the Board at its next meeting.  Ms. Robinson seconded the motion.  The motion passed unanimously.

The Board reviewed the draft agreement for services with the North Carolina Physicians Health Program for impaired persons.  Dr. Gordon made a motion to approve the draft.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Upon a motion by Dr. Padgett, seconded by Mrs. Robinson, 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. Jernigan at 12:20 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


September 24, 2003, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Herbert Justus, D.V.M., called the emergency meeting held by telephone, of the North Carolina Veterinary Medical Board to order at 3:01 P.M.  Participating were Board members Drs. Joseph Gordon, Linwood Jernigan, Amy Lewis, David Marshall, Kenneth Padgett, Mrs. Nancy Robinson, R.V.T., as well as Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

Dr. Lewis, Chair of the Committee on Investigations No. 8 reported on additional information that has developed concerning complaint no. 03031-2-8, the Board initiated complaint against Joel M. Barden, Jr., D.V.M.  On September 22, 2003, Dr. Barden administered a rabies and a DHLPP vaccination to a dog presented to him at the Veterinary Medical Center for the purposes of treatment by the Board Investigator acting in an undercover capacity.  This practice of veterinary medicine violated the Board's summary emergency order of September 5, 2003, which had been served on Dr. Barden.  Based on  the report from the Committee, Dr. Jernigan made a motion it issue a second emergency order suspending the veterinary license of Dr. Barden pending the hearing in this matter.  Mrs. Robinson seconded the motion.  Following discussion Dr. Jernigan amended the motion to include seeking a civil Superior Court order in Duplin County for an injunction to enforce the orders of the Board.  The motion passed unanimously.

The meeting was adjourned by unanimous vote upon a motion by Dr. Gordon and seconded by Dr. Padgett at 3:41 P.M.

Respectfully Submitted,
Thomas M. Mickey
Executive Director


November 6, 2003, 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 5, 2003, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Jernigan, the minutes were approved as corrected.

The Executive Director read the minutes of the September 24, 2003,  emergency meeting.  On a motion made by Dr. Gordon, seconded by Dr. Jernigan, the minutes were approved as corrected.

At 8:15 a.m. Mike Davidson, D.V.M. Associate Dean & Director of Veterinary Medical Services at the North Carolina State University College of Veterinary Medicine appeared before the Board to discuss registered veterinary technicians and veterinary assistants job classifications and to request the Board allow graduates of programs not accredited by the American Veterinary Medical Association be allowed to sit for the North Carolina Veterinary Technician State Examination.  Those individuals who passed that examination would be registered as a veterinary technician.

At 9:05 a.m. Oscar Fletcher, D.V.M. Dean of the North Carolina State University College of Veterinary Medicine jointed the meeting and updated the Board on the IAMS Pet Imaging project that is under development at the College.  Dr. Fletcher and Dr. Davidson left the meeting at 9:25 a.m.  No further action was taken.

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

The regular meeting of the Board reconvened at 9:45 A.M.

The Executive Director reported on activities of the Board office since the last meeting.

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

Report of Committee on Investigations No. 1.

03018-1-1  Marius Gheorghe Cristea, D.V.M. (Complaint of Lloyd T. Harris, D.V.M) - Dismissed, no probable cause.

03029-1-1   Ernest Edward Ward, D.V.M. (Complaint by Ms. Elaine Ficke) - Dismissed, no probable cause.

03027-1-1   Jack Shuler, Jr., D.V.M. (Complaint by Ms. Deborah Schneider) - Disciplinary action, Letter of Reprimand and $500.00 civil monetary penalty.

03032-1-1   Ralph C. Ansley, D.V.M. (Complaint of Mr. & Mrs. Terry Bailey) - Disciplinary action, Letter of Caution.

03035-1-1   Harold Pearce, D.V.M. (Complaint by Dr. & Mrs. Fred Holt) Disciplinary action, Letter of Reprimand .

03012-1-1   Daniel Elliott Nordland, D.V.M. (Complaint by Mr. George Morely) Client does not wish to proceed, dismissed, no probable cause.

03020-1-1   Jimmy L. Sain, D.V.M. (Complaint by Ms. Karen L. Lovell) Disciplinary action, Letter of Caution.

03034-1-1   Charles Marshall Coats, D.V.M. (Complaint by Mr. Arthur Stamper) Dismissed, no probable cause.

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

At 10:30 A.M. Michael W. Wilkerson, MD, Medical Director, and Warren J. Pendergast, MD, Associate Medical Director, for the North Carolina Physicians Health Program (NCPHP) jointed the meeting.  They discussed with the Board the workings of the agreement for services between the Board and the North Carolina Physicians Health Program.  Dr. Wilkerson informed the Board of two new positions on the NCPHP Board that will be filled by veterinarians.  He recommended that one appointment be made by the Board and the other by the North Carolina Veterinary Medical Association.  Dr. Wilkerson also discussed the reporting aspects of the Program.  Dr. Wilkerson and Dr. Pendergast left the meeting at 10:55 a.m.

The regular meeting of the Board adjourned at 10:55 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 11:05 A.M.

Report of Committee on Investigations No. 7.

02045-1-7   Bruce Simmons, D.V.M. (Complaint of Mr. & Mrs. Rod Orozco)  - The Board discussed possible hearing dates of January 21,22 or 23.  No further action was taken..

03036-1-7   Margaret Edwards Powell, D.V.M. (Complaint by Mr. & Mrs. David Baratta) - Dismissed, no probable cause.

03023-1-7   David Powell Elliott, D.V.M. (Complaint of Ms. Laura Burch) - Disciplinary action, Letter of Caution.

03033-1-7   Michael S. Grafinger, D.V.M. (Complaint of Mr., John L. Johnson, Jr.) - Disciplinary action, Letter of Reprimand.

03037-1-7   James R. Allen, D.V.M. (Senior) (Complaint of Ms. Troy Amastar) - Disciplinary action, Letter of Reprimand.

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

Report of Committee on Investigations No. 8.

032054-2-8     Robert Krawczyk, D.V.M. and Jeffery Courville, D.V.M. (Complaint by the Board) - Disciplinary action, Letter of Reprimand, based on prior acts.  The Committee will continue to reviewing [sic] ongoing changes that are taking place with this facility.

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

Mr. Hearn reported the decision of the Hearing Panel concerning complaint no. 03031-2-8 against Joel M. Barden, D.V.M.  The decision is subject to be reduced to writing and signed.  Dr. Barden's veterinary license is suspended for three years, with the suspension being stayed provided he complies with a series of conditions.  His veterinary practice facility must pass an inspection of the Board.  He is required to earn an additional twenty hours of continuing education during the years 2004, 2005, and 2006.  He must submit quarterly reports to the Board.  He must apply for and  pass the North Carolina Veterinary State Examination.  He must pay a civil monetary penalty of $5,000.00.  He must pay $5,000.00 recovery of costs to the Board.

The Investigator presented a report on his work since the last Board meeting.  No further action was taken.

Dr. Padgett discussed the possibility of the hand delivery of complaints and pick-up of medical records.  No further action was taken.

The Board discussed the letter from Ms. Pamela K. Silverman which concerned her lawsuit against Jeffrey Witwer, D.V.M.  She has requested a letter from the Board stating that the Board has no intention of prosecuting or punishing Dr. Witwer further for his unlicensed practice of veterinary medicine in North Carolina prior to November 7, 2002.  Dr. Gordon made a motion that a letter be sent to her stating that the Board will not be pursuing criminal charges for acts of which it had knowledge prior to early November 2002.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Padgett made a motion to approve the purchase of three additional fireproof file cabinets for the Board office.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board discussed the North Carolina Department of Agriculture and Consumer Services request that a space for emails addresses be added to the renewal forms.  Dr. Marshall made a motion that a flier requesting email address be included with the renewal forms.  Dr. Lewis seconded the motion.  The motion passed unanimously.

Dr. Jernigan made a motion to deny the request from Dr. Davidson to allow certain employees of North Carolina State University College of Veterinary Medicine to sit for the North Carolina State Examination Technicians based on their not graduating from schools accredited by the American Veterinary Medical Association.  Mrs. Robinson seconded the motion.  The motion carried. 

Upon a motion by Dr. Padgett, 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. Jernigan at 1:30 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

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