WWW.ALIGUS.COM

was established November 7, 2002
to advocate against veterinary malpractice, incompetence & negligence and
to educate the public about how state veterinary boards handle citizens' complaints

HOME MEDIA REPORTS THE NCVMB ABOUT VET BOARDS MONCE LIBEL LAWSUIT RESOURCES

 

2011 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


 January 28, 2011 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

On January 28, 2011, President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:07 a.m. In attendance were the following Board members: Drs. Michael Davidson, Kim Gemeinhardt, Richard Hawkins, David Marshall, and Dante Martin; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present was Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics' statement regarding recognizing and avoiding conflicts of interest.

At 8:10 a.m., Joseph P. Jordan, PhD., Clinical Director of the North Carolina Physicians Health Program (NCPHP) joined the meeting. Dr. Jordan presented an update on the status of the North Carolina Physicians Health Program (NCPHP) since the last Board meeting. Mr. Hearn presented for the Board to review a memorandum of agreement and an agreement between the Board and NCPHP. The memorandum confirmed the formal relationship between the Board from August 1, 2009 through January 31, 2011. The agreement set forth the parties' agreement from February 1 through July 31, 2011. Dr. Davidson made a motion, seconded by Dr. Gemeinhardt, to approve the memorandum of agreement and the agreement. After a question and answer period with the Board, Dr. Jordan left the meeting at 8:25 a.m.

On motion by Dr. Marshall, seconded by Dr. Davidson, the minutes for the November 3 and 4, 2010 meetings were approved.

Dr. Gemeinhardt reported that RoadRunner pharmacy is licensed to practice pharmacy in North Carolina. The clarification corrects the incorrect information reported at the November 4. Board meeting.

The Board Investigator presented his report on activities since the last meeting.

Dr. Hawkins made a motion to increase the fee for a temporary permit to $50.00 effective July 1, 2011. Dr. Martin seconded the motion. The motion passed with Dr. Marshall opposed.

Dr. Martin made a motion to increase the fees for veterinary student intern registration and veterinary student preceptee registration to $25.00. Dr. Gemeinhardt seconded the motion. Mrs. Robinson voted for the motion, and Drs. Marshall, Davidson, Jernigan and Mrs. Morgan voted against the motion. The motion did not carry.

Dr. Davidson moved to reconsider the motion to raise the temporary permit fee. Dr. Marshall seconded the motion. The motion passed unanimously.

Dr. Davidson moved to keep the temporary permit fee at $30.00 Dr. Marshall seconded the motion. The motion passed with Drs. Marshall, Davidson, Hawkins, Martin, Jernigan and Mrs. Morgan voting for the motion and Dr. Gemeinhardt and Mrs. Robinson voting against the motion.

Mr. Mickey reported on operational and administrative activities of the Board since the last Board meeting. He distributed a financial report which the Board reviewed and discussed with him.

The meeting recessed at 9:40 a.m. for a break and reconvened at 9:58 a.m.

Following a presentation by Mr. Hearn, Dr. Marshall moved to have Mr. Hearn respond on behalf of the Board to the North Carolina State Budget Office concerning to suggestions made by citizens for repeal or change to Board rules. Governor Beverly Perdue had initiated a process in November 2010 to permit citizens to file anonymous comments about administrative rules of NC government agencies that the citizen thought needed appealing or amending. One comment questioned why the Board rules did not permit more than three credit hours of continuing education credits to be obtained from computer-based training. The other comment advocated the Board allowing the Program for the Assessment of Veterinary Education Equivalence (PAVE) to be accepted as an alternative means for satisfying the Board licensure requirements for graduates of non-accredited veterinary medical schools. The Board has previously approved the filing of an administrative rule change to increase from three to five hours the allowable number of continuing education hours obtained from audio, video cassette or computer-based training. The second comment advocates for a change in statute, not a rule change. Nevertheless, the Board also discussed the recommended adding of the American Association of Veterinary State Boards (AAVSB) Program for PAVE to General Statute 90-187(c) as a means for graduates of nonaccredited veterinary colleges to be eligible for licensure. Dr. Martin seconded the motion. The motion passed unanimously. Mr. Hearn was directed to prepare a response to the Budget Office explaining the Board's position.

Mrs. Robinson made a motion to approve the financial report distributed by Mr. Mickey. Dr. Hawkins seconded the motion. The motion passed unanimously.

The meeting recessed at 12:18 p.m. for a break and reconvened at 12:50 p.m.

The Board reviewed the change to the business standard mileage rate set by the Internal Revenue Service. Mrs. Robinson made a motion to change the reimbursement rate to 51 cents per mile to conform to the new Internal Revenue Service rate. Dr. Martin seconded the motion. The motion passed unanimously.

Dr. Gemeinhardt made a motion to enter into a closed session pursuant to G. S. § 143-318.11(a)(3), to discuss litigation filed by Joseph Barr. Dr. Marshall seconded the motion. The motion passed unanimously. At 12:52 p.m.,the Board entered into closed session and returned to open session at 1:03 p.m.

Dr. Marshall made a motion, seconded by Dr. Hawkins, to enter into a closed session pursuant to G. S. § 143-318.11(a)(5), to discuss personnel matters, including compensation of Board staff. The motion passed unanimously. At 1:08 p.m.,the Board entered into closed meeting and returned to open session at 1:30 p.m.

Report of Committee on Investigations No. 5.

2010043-5  David Matthew Ruslander, DVM (Veterinary Specialty Hospital of the Carolinas) - Mr. and Mrs. Russ Redmer | Dismissed, no probable cause.

2010047-5  Megan Mack Cooley, DVM (Cooley Veterinary Hospital) - Mr. and Mrs. Eddie Frye | Letter of Caution.

2010050-5  Michelle Bernice Duncan, RVT - Glenn McPherson, DVM | Dismissed, no probable cause.

2010045-5  Allison Heather Graham, DVM and Michelle L. Purnell, DVM (Carolina Veterinary Specialty Referring Animal Hospital) - Ms. Marjorie R. Ackerman | Dismissed, no probable cause for Drs. Graham and Purnell.

2010052-5  John Angelo LaStella, Jr., DVM (The Pet Hospital) - Ms. Tonya Collins | Letter of Caution.

2001033-5  James Buck Clark, DVM - Mr. & Mrs. Michael Williams | Upon reconsideration Dismissed, no probable cause.

Upon a motion by Dr. Marshall, seconded by Mrs. Morgan, the Board approved the report of Committee on Investigations No. 5 with Dr. Davidson recusing himself from the vote on complaint numbers 201033-5[James Buck Clark, DVM) 2010043-5 (David Matthew Ruslander, DVM) and 201045-5 (Allison Heather Graham, DVM and Michelle L. Purnell, DVM).


Report of Committee on Investigations No. 6.

2010057-6  Rachel Susan Easterly, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would indefinitely suspend her veterinary license and she would be given an opportunity to appear before the Committee for possible modification of the Consent Order when she is released from incarceration.

2010058-6  Richard E. Keeton, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would revoke his veterinary license.

Upon a motion by Mrs. Robinson, seconded by Dr. Martin, the Board approved the report of Committee on Investigations No. 6.


Report of Committee on Investigations No. 9.

2010036-9  Sean Michael Ellison, DVM - Mr. William Robert Prevatte | Letter of Caution.

2010049-9  George Simon Ghneim, DVM (CareFirst Animal Hospital at Glenwood) - Ms. Ms. Dawn M. Dlouhy| Dismissed, no probable cause.

Dr. Martin had to leave the meeting at 2:41 p.m.

2010051-9  Joyce Marie Carnevale, DVM (TotalBond Veterinary Hospital at New Hope) - Ms. Teresa Galloway | Dismissed, no probable cause.

2010053-9  Peter Lawrence Dugan, DVM (Coastal Carolina Animal Hospital) - Ms. Cheryl Cole | Dismissed, no probable cause.

2010038-9  Michael J. House, DVM - Deceased (Animal Hospital of Pitt County, PA) - Ms. Debra Umphlett| Letter of Reprimand.

2010055-9  David Alan Conde, DVM - (West Hills Veterinary Centre, Inc.) - Ms. Mary E. Edwards | Continued.

Upon motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the report of Committee on Investigations No.9.

Upon a motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the actual expenses for this meeting. The motion passed unanimously.

Upon motion of Mrs. Robinson, seconded by Dr. Martin, the Board adjourned the meeting at 3:07 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

  April 1, 2011 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

On April 1, 2011, President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:20 a.m. In attendance were the following Board members: Drs. Michael Davidson, Kim Gemeinhardt, Richard Hawkins and David Marshal; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present was Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well. Absent was Dr. Martin.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics' statement regarding recognizing and avoiding conflicts of interest.

On motion by Dr. Marshall, seconded by Dr. Davidson, the minutes for the January 28, 2011 meetings were approved.

At 8:25 a.m., Warren Pendergast, M.D., Medical Director of the North Carolina Physicians Health Program (NCPHP) joined the meeting. Dr. Pendergast presented an update on the status of the North Carolina Physicians Health Program (NCPHP) since the last Board meeting. He also presented information on the drug Buprenorphine. After a question and answer period with the Board, Dr. Pendergast left the meeting at 8:35 a.m.

At 8:35 a.m., Amanda Curling, DVM, joined the meeting. A 2007 graduate of Ross University College of Veterinary Medicine (Ross), she is licensed in Virginia, has a North Carolina Faculty Certificate and is employed at North Carolina State University College of Veterinary Medicine. In light of the fact that in January of this year Ross was accredited by the American Veterinary Medical Association, she requested that for purposes of reviewing applications for licensure from Ross graduates, the Board now accept the Program for the Assessment of Veterinary Education Equivalence (PAVE), of the American Association o Veterinary State Boards (AAVSB), as an alternative to the Educational Commission for Foreign Veterinary Graduates (ECFVG) of the American Veterinary Medical Association (AVMA). Following questions from the Board, she left the meeting at 8:50 a.m.

Dr. Marshall made a motion to send a letter to the North Carolina Veterinary Medical Association (NCVMA) supporting the amendment of G.S. § 90-187 to include PAVE as an alternate program to the ECFVG. The letter will seek NCVMA support for this amendment. The reasons for the Board's position include the recent accreditation of Ross, the Board's extensive study of the issue, the fact that 34 other States now accept PAVE, and recent communications to Governor Perdue on the issue. Dr. Davidson seconded the motion. The motion passed unanimously, with Dr. Gemeinhardt abstaining because of her not being involved with the Board's study of the ECFVG/PAVE issue.

Following the Board review of the recent accreditation by the AVMA of Ross, Dr. Marshall moved that the Board recognize as the official date of accreditation the last day of the AVMA site visit which resulted in accreditation. Dr. Davidson seconded the motion. Therefore, the effective date for Ross accreditation of the National Autonomous University of Mexico School of Veterinary Medicine in Mexico is the last day of the AVMA site visit which resulted in accreditation. This date is to be determined by staff and reported at the next Board meeting.

The Board Investigator presented his report on activities since the last meeting.

Mr. Mickey reported on operational and administrative activities of the Board since the last Board meeting. He distributed a financial report which the Board reviewed and discussed with him.

The meeting recessed at 9:40 a.m. for a break and reconvened at 10:00 a.m.

Dr. Gemeinhardt made a motion, seconded by Dr. Davidson, to enter into closed session pursuant to G.S. § 143-318.11(a)(3) to discuss litigation filed by Joseph Barr. The motion passed unanimously. At 10:01 a.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 10:28 a.m.

Dr. Gemeinhardt made a motion, seconded by Mrs. Morgan, to enter into closed session to G.S. § 143-318.11(a)(5) to discuss personnel matters, including compensation of Board staff. The motion passed unanimously. At 10:29 a.m., the Board entered into closed meeting and returned to open session at 10:46 a.m.

Dr. Jernigan appointed a nominating committee for 2011-2012 officers consisting of Dr. Marshall, Chairman, Mrs. Morgan and Dr. Gemeinhardt. They will present their report at the next meeting.

Report of Committee on Investigations No. 6.

2010058-6  Richard E. Keeton, DVM - NCVMB | The Committee presented to the Board the Consent Order signed by Dr. Keeton through which he voluntarily surrenders his veterinary license. Dr. Davidson made a motion, seconded by Dr. Hawkins, that the Board approve the Order and authorize the Executive Director to sign it on behalf of the Board. The motion passed unanimously.

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

Upon a motion by Dr. Marshall, seconded by Mrs. Robinson, the Board approved the report of Committee on Investigations No. 6.

Ms. Claire Holly, Executive Director of the North Carolina Veterinary Medical Association joined the Board at 11:25 a.m. to discuss N.C. Senate Bill 31, which would change the penalty for the unlicensed practice of human medicine from a misdemeanor to a felony. The Board discussed issues related to the prosecution of unlicensed practice. Ms. Holly left the meeting at 11:59 a.m.

Report of Committee on Investigations No. 9.

2010055-9  David Alan Conde, DVM - (West Hills Veterinary Centre, Inc.) - Ms. Mary E. Edwards | Probable cause found; propose Consent Order.

2010011-9  Jeffrey Denis, DVM (Cardinal Animal Hospital) - Mr. Rob Moss| Letter of Caution.

The meeting recessed at 12:18 p.m. for a break and reconvened at 12:50 p.m.

2011007-9  Laura Melissa Gill, DVM (After Hours Veterinary Emergency Clinic, P.A.) - Ms. Catherine Wilson | Dismissed, no probable cause.

2010046-9  Ruth Bulluck Rountree, DVM - Ms. Brenda Quinn | Continued.

2010004-9  Danielle Moore Kettelkamp, DVM - (Capeside Animal Hospital) - Mrs. Kathy Allen | Dismissed, no probable cause.

Upon motion by Mrs. Robinson, seconded by Dr. Gemeinhardt, the Board approved the report of Committee on Investigations No.9.

Report of Committee on Investigations No. 5.

2011003-5  Gary C. White, DVM (Catawba Heights Animal Hospital) - Ms. Lisa G. Hargate | Continued.

2011006-5  Michael J. Heinen, DVM (Lake Norman Animal Hospital, P.A.) - Mr. Pedro Martinez| Continued.

2010056-5  Kenneth Earl Layton, DVM (Pine Valley Animal Hospital) - Ms. Brittany C. Barham | Dismissed, no probable cause.

2010054-5  Martha Hartman Edwards, DVM (Shelton's Veterinary Clinic) - Mr. Tim Hardison | Letter of Caution.

Dr. Davidson had to leave the meeting at 1:30 p.m.

Upon a motion by Dr. Marshall, seconded by Mrs. Morgan, the Board approved the report of Committee on Investigations No. 5.

Upon a motion by Dr. Marshall, seconded by Dr. Jernigan, the Board unanimously votes to send Dr. Gemeinhardt and the Executive Director to the annual meeting of the American Association of Veterinary State Boards to be held in September.

The Board reviewed the letter from Diane Dunning, DVM, Assistant Dean, College Relations, North Carolina State University College of Veterinary Medicine seeking Board approval for proposed spay/neuter surgical training to third and fourth year veterinary students, as set forth in her February 14, 2011, letter to Mr. Mickey. Upon motion by Dr. Marshall, seconded by Mrs. Robinson, the Board approved the proposal.

Charles M. Coats, DVM requested that the Board grant him an extension on earning his 2011 continuing education because of medical reasons. The Board unanimously approved an extension of his continuing education requirement until June 30, 2011.

Upon a motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the actual expenses for this meeting. The motion passed unanimously.

Upon motion of Mrs. Robinson, seconded by Dr. Gemeinhardt, the Board adjourned the meeting at 2:35 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 June 10, 2011 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:00 a.m. on June 10, 2011, President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order. In attendance were the following Board members: Drs. Michael Davidson, Kim Gemeinhardt, Richard Hawkins, David Marshall and Dr. Dante Martin; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present was Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics' statement regarding recognizing and avoiding conflicts of interest.

On motion by Dr. Gemeinhardt, seconded by Mrs. Robinson, the minutes for the April 1, 2011 meeting were approved as corrected.

At 8:04 a.m., Warren Pendergast, M.D., Medical Director of the North Carolina Physicians Health Program (NCPHP) joined the meeting. Dr. Pendergast presented an update on the status of the North Carolina Physicians Health Program (NCPHP) since the last Board meeting. He also presented information on on various treatment plans and options available to participants in the program. The Board reviewed a draft prepared by Mr. Hearn of an agreement between the Board and NCPHP which would renew the parties' Agreement for the continued operation of a Program for Impaired Veterinary Personnel. The Agreement would cover the term August 1, 2011 through January 31, 2012. Dr. Davidson made a motion to approve the Agreement. The motion was seconded by Dr. Martin and passed unanimously. Following this, Mr. Mickey signed the Agreement on behalf of the Board and by Dr. Pendergast, on behalf of NCPHP. Dr. Pendergast left the meeting at 8:25 a.m.

The Board Investigator presented his report on activities since the last meeting.

Dr. Jernigan appointed Dr. Gemeinhardt to fill the position of Dr. Bull on the Committee reviewing licensing issues in the Veterinary Practice Act and Administrative Rules.

Mr. Hearn reviewed with the Board his memo of June 2, 2011 concerning reimbursement for travel and lodging expenses pursuant to the State of North Carolina travel policy. The Board anticipates incurring expenses exceeding State-authorized maximum amounts for food and lodging in Asheville in connection with the Committee and Board meetings scheduled for August 9/10, 2011. Therefore, it will be necessary for the Board to authorize in advance these additional expenditures. The meeting will be held in the same location as the meeting of the N.C. Veterinary Medical Association, allowing the Board to discuss relevant regulatory information with veterinarians and registered veterinary technicians attending the NCVMA convention. The meeting will reasonably enhance the work and functions of the Board. Following discussion, there was a motion by Dr. Davidson, seconded by Dr. Hawkins, pursuant to Mr. Hearn's memorandum of June 2, 2011 to authorize the expenditures for lodging and travel expenses for the meeting up to the amounts actually incurred.

The meeting recessed at 9:05 a.m. for a break and reconvened at 9:25 a.m.

Mr. Mickey presented a request to purchase six additional fireproof filing cabinets for the Board office based upon present needs. Following discussion, and pursuant to motion made by Mrs. Robinson, seconded by Mrs. Morgan, the Board approved his request to purchase the six file cabinets. As part of the discussion, the Board recommended that Mr. Mickey continue to study alternative ways to store Board records, including digital copying of records and off-site record storage.

Dr. Elizabeth S. Broome of Mooresville joined the meeting to present concerns about the levels of medical and surgical care provided at spay/neuter facilities in the State. Dr. Broome owns SNIP ("Spay/Neuter Initiative Partnership") Regional Spay/Neuter Clinic in Mooresville. Dr. Broome voiced an opinion to the Board that a number of non-profit organizations in the State are not conducting spay/neuter facilities appropriately even thought they contract with veterinarians to provide veterinary medical services. She is concerned that all patients should receive the appropriate standard of medical and surgical care that is required of all veterinary practice facilities. Following discussion with Dr. Broome, the Board thanked her for her presentation and she left the meeting. The Board requested that Mr. Mickey write Dr. Broome to thank her for her presentation and to request that she continue to share her concerns with the Board.

Dr. Jernigan announced the appointment of a new Committee on Investigations No. 1. The members of the Committee will be Dr. Marshall, Chair; Dr. Jernigan; and Dr. Gemeinhardt.

The Board took a break at 10:55 a.m. and reconvened at 11:20 a.m.

The Nominations Committee reported the following nominations for officers for the year July 1, 2011 through June 30, 2012: Dr. Jernigan, President; Dr. Hawkins, Vice-President; and Dr. Martin, Secretary-Treasurer. Upon motion by Dr. Davidson, seconded by Mrs. Robinson, the Board elected by acclamation Dr. Jernigan, Dr. Hawkins and Dr. Martin to their respective offices for 2011-2012.

Report of Committee on Investigations No. 5.

2011003-5  Gary C. White, DVM - (Catawba Heights Animal Hospital) - Ms. Lisa G. Hargate | Letter of Reprimand.

2011006-5  Michael J. Heinen, DVM - (Lake Norman Animal Hospital, P.A. ) - Mr. Pedro Martinez | continued.

2011009-5  Elizabeth B. Herring, DVM - NCVMB | Letter of Reprimand.

2011008-5  Bentley Stephenson, DVM - (Reilly Road Animal Hospital) - Mr. & Mrs. Sammy Nassar | Letter of Reprimand.

Upon a motion by Dr. Davidson, seconded by Dr. Marshall, with Dr. Marshall announcing that he is recusing himself with respect to that part of the vote relating to the Dr. Elizabeth B. Herring report, complaint No. 2001009-5, the Board approved the report of Committee on Investigations No. 5.

The meeting recessed at 12:10 p.m. for a break and reconvened at 12:40 p.m.

Report of Committee on Investigations No. 6.

2011002-6  Jessica Ruth Byerly, RVT - NCVMB - probable cause found on all violations of the Veterinary Practice Act and Board Rules alleged in the Board-initiated complaint. A Notice of Hearing is to be issued, however, should Ms. Byerly wish to resolved the complaint by entering into a consent order the Committee will consider her request.

2011005-6  Mitzi Denise Elliot, DVM - NCVMB - probable cause found on all violations of the Veterinary Practice Act and Board Rules alleged in the Board-initiated complaint. A Notice of Hearing is to be issued, however, should Dr. Elliot wish to resolved the complaint by entering into a consent order the Committee will consider her request.

Upon a motion by Dr. Gemeinhardt, seconded by Mrs. Robinson, the Board approved the report of Committee on Investigations No. 6.

Report of Committee on Investigations No. 9.

2010046-9  Ruth Bulluck Rountree, DVM (Goose Creek Animal Hospital) - & [sic] Ms. Brenda Quinn | Dismissed, no probable cause.

2011010-9  Diane K. Schaller, DVM (Willow Creek Animal Hospital) - Ms. Teresa White| Dismissed, no probable cause.

Upon a motion by Dr. Hawkins, seconded by Dr. Martin, the Board approved the report of Committee on Investigations No. 9.

Mr. Mickey reminded the Board that the Board has agreed to make a presentation at the meeting of the NCVMA on Friday, August 12, at approximately 11:30 a.m. The presentation topics will include a question and answer session with NCVMA attendees, including a discussion of the functioning of the Board; how complaints are reviewed and decided; practice facility inspections; and other matters frequently dealt with by the Board.

Upon a motion by Mrs. Robinson, seconded by Dr. Martin, the expenses for this Board meeting were approved.

Dr. Jernigan announced that at the conclusion of the resolution of the above cases reported by Committee on Investigations No. 6 that this Committee will no longer received more assignments and its work will be concluded. Cases that otherwise might have been assigned to Committee on Investigations No. 6 will henceforth be assigned to Committee on Investigations No. 1.

The Board having no further business, upon motion of Dr. Hawkins, seconded by Dr. Martin, the meeting was adjourned at 1:50 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 August 11, 2011 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:05 a.m. President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order. In attendance were the following Board members: Drs. Dwight E. Cochran, Kim Gemeinhardt, Richard Hawkins, David Marshall and Dante Martin; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present was Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics' statement regarding recognizing and avoiding conflicts of interest.

Dwight E. Cochran, DVM, was recognized and welcomed as the most recent member appointed to the Board. His term is from July 1, 2011 to June 30, 2016.

On motion by Dr. Marshall, seconded by Mrs. Morgan, the minutes for the June 10, 2011 meeting were approved.

Dr. Jernigan reported on behalf of the North Carolina Veterinary Health Program (NCVHP) since the last Board meeting. No further action was taken.

At 8:50 a.m. David F. Thompson, DVM, of Asheville presented information on the topic of dental cleaning of animals' teeth without anesthesia. Dental cleaning without anesthesia has emerged as a practice in other States. Dr. Thompson recently became aware of an individual, not a veterinarian, who wished to conduct such dental cleaning under supervision in a veterinarian's office. The Board members discussed various aspects of the issue, including how this practice is regulated in California, and the limitations of this procedure in accurately assessing and treating animals' dental health. Following discussion with the Board, Dr. Thompson left the meeting at 9:30 a.m. No further action was taken.

The Board took a break at 9:30 a.m. and reconvened at 9:40 a.m.

The Board Investigator presented his report on activities since the last meeting.

Dr. Gemeinhardt moved to raise the renewal fee for registered veterinary technicians from $25.00 to $35.00, which is already authorized by Board Rule; and to raise the temporary permit fee from $35.00 to $100.00, which is already authorized by Board Rule. Dr. Martin seconded the motion. Following discussion, the motion passed unanimously.

The Board discussed the May 19, 2011 memorandum from the American Association of Veterinary State Boards (AAVSB) Bylaws and Resolution Committee concerning 5 proposed amendments to the Bylaws. Dr. Martin moved, seconded by Dr. Cochran, that it is the Board's position that Dr. Gemeinhardt, as the Boar representative at the September, 2011 AAVSB meeting, vote for amendments 3, 4, and 5. Dr. Gemeinhardt will attend AASVB Bylaws and Resolution Committee meting and determine how to vote on amendments 1 and 2. The motion passed unanimously.

The meeting recessed at 10:55.m. for a break and reconvened at 11:00.m.

At 11:00 a.m. Kim V. Hombs, DVM, of Charlotte jointed the meeting to discuss integrative alternative veterinary medical treatment. She provided a list of North Carolina veterinarians who provide such treatment. She reviewed information on acupuncture and integrative veterinary medicine associations. She discussed how she integrates this type of treatment into her veterinary practice. She left the meeting at 11:40 a.m. The Board took no action.

The Board discussed a proposal from the Wake Count Animal Center to provide (1) spay/neuter and (2) heartworm treatments to certain animals that the Center owns but has placed in a foster arrangement with persons seeking to adopt the animals. The program is known as "Foster - to - Adopt." The Center, by written agreement with the prospective owners, would maintain ownership of the animals until the prospective owners complete the animals' prescribed medical treatment. Some of this medical treatment would be provided by the Center's staff veterinarians. Following discussion, Dr. Hawkins made a motion to place this item on the agenda of the next Board meeting. Dr. Cochran seconded the motion. The motion passed unanimously.

The meeting recessed at 12:20 p.m. for a break and reconvened at 12:40 p.m.

Former Board member Susan Bull, DVM, of Candler joined the meeting. Dr. Jernigan greeted her and presented her with a plaque "in grateful recognition of faithful service to the public and the veterinary profession as a member of the Board." Following the presentation and with best wishes of the Board members, she left the meeting.

Dr. Hawkins made a motion, seconded by Dr. Cochran, to approve the new IRS mileage rate (.555 cents per mile) for reimbursement for Board member and staff travel. The motion passed unanimously.

At 12:45 p.m., Board Attorneys George Hearn and Lee Craven conducted Board member training about the Veterinary Practice Act and several other State statutes. This training is required by G.S. § 90B-5(g) so that Board members can better understand the obligations and limitations of the Veterinary Medical Board as a State agency. The focus of the training was the Veterinary Practice Act; the Board rules; the Administrative Procedure Act; the Open Meeting Act; the Public Records laws; the State Tort Act; and the Defense of State Employees law. Mr. Hearn and Mr. Craven presented separate legal memoranda about each of the statutes. The presentation resulted in questions, comments and discussion by the Board. The presentation concluded at 2:20 p.m.

The Board recessed at 2:20 p.m. and reconvened at 2:30 p.m.

Mrs. Morgan made a motion to approve the draft language presented by the Executive Director that would amend G.S. § 90-187(c) to accept the successful completion of the AAVSB Program for the Assessment of Veterinary Education Equivalence (PAVE) in applications for veterinary licenses from graduates of non-accredited colleges of veterinary medicine. Dr. Marshall seconded the motion. The motion passed unanimously.

Dr. Cochran made a motion to approve the draft language presented by the Executive Director that would amend G.S. § 90-187.8 to provide for additional grounds for discipline of a license or registrant. The motion passed unanimously.

Dr. Gemeinhardt made a motion to approve the draft language presented by the Executive Director that would amend G.S. § 90-187.13 to allow the Board to seek injunctions for violations of the Practice Act in Superior Court of Wake County. The motion passed unanimously.

The Board set the dates of the next Board meetings to be November 3, 2001 [sic], and February 3, 2012.

Report of Committee on Investigations No. 5.

2011006-5  Michael J. Heinen, DVM - (Lake Norman Animal Hospital, P. A.) - Mr. Pedro Martinez | continued.

2011054-5  Martha Hartman Edwards, DVM - (Shelton's Veterinary Clinic. ) - Mr. Tim Hardison| Letter of Reprimand.

2011011-5  Heather Ann Moeser, DVM - (Animal Wellness Clinic) - Ms. Olivia Stuart | Dismissed, no probable cause.

2011014-5  Lee A. Darch, DVM - (North Wake Animal Hospital) - NCVMB | Dismissed, no probable cause.

2010023-5  Dennis Kay Johnson, DVM - (Greenville Animal Hospital) - Ms. Shannon L. Nicholas | The Committee reconsidered its previous decision to issue a letter of reprimand and instead voted to issue a letter of caution.

Upon a motion by Mrs. Morgan, seconded by Dr. Marshall, the Board approved the report of Committee on Investigations No. 5. with Dr. Marshall recusing himself with respect to that part of the vote relating complaint No. 2011014-5 regarding Lee A. Darch, DVM.

Report of Committee on Investigations No. 1.

2010013-1 [sic ?]  Jennifer Leigh Carrell, DVM and Deborah A. McArthur-Wicks, DVM (Surf City Pet Hospital) - Mr. Jennifer Reigle-Yeager - Dismissed, no probable cause.

2011012-1 Robert W. Meinecke, DVM and Russell J. Tate, DVM (Raeford Animal Clinic) - Ms. Kathy Hynes - Dismissed, no probable cause.

Upon a motion by Dr. Hawkins, seconded by Mrs. Robinson, the Board approved the report of Committee on Investigations No. 1, with Dr. Martin recusing himself with respect to that part of the vote relating to the Jennifer Leigh Carrel, DVM and Deborah A. McArthur-Wicks, DVM, complaint, No. 2011-13-1.

The Board having no further business, upon motion of Dr. Gemeinhardt, seconded by Mrs. Robinson, the meeting was adjourned at 3:50 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 November 3, 2011 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:05 a.m. President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order. In attendance were the following Board members: Drs. Dwight E. Cochran, Kim Gemeinhardt, Richard Hawkins, David Marshall and Dante Martin; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present was Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics' statement regarding recognizing and avoiding conflicts of interest.

On motion by Dr. Cochran, seconded by Dr. Hawkins, the minutes for the August 11, 2011 meeting were approved.

At 8:10 a.m., Joseph P. Jordan, PhD., Clinical Director of the North Carolina Physicians Health Program (NCPHP) joined the meeting. He presented an update on the status of the North Carolina Physicians Health Program (NCPHP) since the last Board meeting. Dr. Jordan left the meeting at 8:25 a.m.

The Board Investigator presented his report on activities since the last meeting.

Dr. Jernigan appointed Dr. Martin to fill the position of Dr. Davidson on the Committee reviewing veterinary technician issues in the Veterinary Practice Act and Administrative Rules. Dr. Jernigan also restructured the Committee reviewing licensing issues in the Veterinary Practice Act and Administrative Rules to consist of Dr. Gemeinhardt and Dr. Cochran. This Committee will also consider Statute and Rule changes for impaired veterinarians.

Dr. Jernigan took a moment to recognize Fred B. Coats, DVM, of Reidsville, who passed away on October 31, 2011, at the age of 97. Dr. Coats served as President of the Board from July 1, 1961 to June 30, 1963. He was a great leader of the profession and a personal mentor to Dr. Jernigan.

The Board recessed the meeting at 9:05 a.m. to conduct an administrative hearing in the matter of Jessica Ruth Byerly, complaint no. 2011002-6.

At 11:23 a.m., the meeting of the Board reconvened.

Andre C. Pierce, Director, Environmental Health and Safety Division of Wake County, North Carolina, Lisa Duff, DVM, Jennifer Federico, DVM, and Ms. Nancy Breech joined the meeting. They presented information on the Foster-to-Adopt (FTA) program of the Wake County Animal Center (Center). This information supplemented earlier information received from the Center by the Board. Following discussion with the Board Mr. Pierce and the Center representatives left the meeting at 12:10 p.m. Dr .Marshall, seconded by Mrs. Morgan, made a motion to approve the FTA program and to have Mr. Mickey write Mr. Pierce conveying that approval which letter would include the following points: (1) the Board appreciated the visit and presentation by Mr. Pierce and his colleagues; (2) the Board applauds the Center's attempt to reduce the over-pet population; (3) as currently structures, the FTA program does not violate the Practice Act, but because of potential confusion regarding ownership of FTA animals until their adoption is final, the Board encourages the Center to phase out the Center's financial responsibility for medical treatment of FTA animals because veterinarians will likely look to the adoptive owner presenting the animal as the one responsible for payment of services; (4) the Board would like to receive an update from the Center in about a year on the status of the FTA program; and (5) while the Center does not presently provide heartworm treatment for animals in the FTA program, should this policy change, the Board requests that the Center bring this issue back to the Board for discussion.

The Board recessed at 12:35 p.m. and reconvened at 1:00 p.m.

Mr. Mickey reported on operational and administrative activities of the Board since the last Board meeting. He distributed a financial report which the Board reviewed and discussed with him.

Dr. Gemeinhardt reported on her attendance of the annual meeting of the American Association of Veterinary State Boards held in New Orleans on September 15-17. She found the meeting very informative and recommended that the Board send a representative to the meeting next year.

The Board discussed its current schedule for its fees assesses for testing, licensure, registration and related matters, but took no action.

At 2:00 p.m. Mr. Ben F. Massey, Jr., Executive Director of the North Carolina Board of Physical Therapy Examiners and Mr. John M. Silverstein attorney for that Board, joined the meeting to discuss that Board's position that the term "physiotherapy" is limited to those persons licensed under the Physical Therapy Practice Act and, as such, a veterinarian may not legally offer to perform physiotherapy on animals. Following a discussion with the Board, they left the meeting at 2:30 p.m.

The Board recessed at 2:30 p.m.and reconvened at 2:40 p.m.

Mike Tadych, attorney, representing Kelly Erickson, DVM, joined the meeting to discuss Dr. Erickson's recent application for a mobile facility permit and her plan to operate a mobile vaccination facility providing services inside of PETCO retails stores. Following discussion, he left the meeting at 3:10 p.m. Dr. Hawkins made a motion, seconded by Dr. Cochran, that her mobile facility be inspected, and should it pass the inspection, a registration will be issued; further, by motion the Board does not embrace the business plan she submitted to the Board in 2010, on this issue, but for now Dr. Erickson may provide vaccinations and services consistent with the Veterinary Practice Act; and further, rom the material submitted by Mr. Tadych, it appears that some aspects of her previous business plan as submitted to the Board may have changed, and the Board will request her to resubmit her business plan, as the Board will continue to review the delivery of medical services under her business plan. The motion passed unanimously.

The Board reviewed the request of Mark Ledyard, DVM for a legal opinion of his use of the term "physiotherapy" in describing certain services he offers to provide for pets of his clients. Dr. Marshall made a motion to send Dr. Ledyard a letter stating the use of the term "physiotherapy" appears to violate the Physical Therapy Practice Act, and the Board cannot advocate on his behalf for the use of this term. Dr. Martin seconded the motion. The motion passed unanimously.

The Board reviewed correspondence from Ms. Jane Tzivlelis of Durham concerning her requests for an investigation a a new Board policy arising out of a recent situation in eastern N.C. where an out-of-state animal rescue organization apparently abandoned animals that had bee presented for treatment at one or more veterinary practice facilities. Following discussion, the Board directed that Mr. Mickey send a letter to her replying that the Board is not a general investigative agency and the Veterinary Practice Act provides no authority to require that veterinarians only accept animals from persons who demonstrate the ability to pay for services; and further that the Veterinary Practice Act already imposes specific responsibilities on veterinarians regarding animals that have been abandoned at practice facilities.

The Board set additional meeting dates for 2012 to be April 13, June 28, September 6, and November 9.

Upon a motion by Mrs. Morgan, seconded by Mrs. Robinson, expenses for this Board meeting were approved.

The Board having no further business, upon motion of Dr. Martin, seconded by Mrs. Morgan, the meeting was adjourned at 4:55 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


 

More NCVMB Minutes
 

 

 

Top of Page


Join the Blue Ribbon Online Free Speech Campaign
Join the Blue Ribbon Online Free Speech Campaign!


TERMS OF USE

|
|
|
|
|