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2012 Minutes of the North Carolina Veterinary Medical Board
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 February 2- 3 , 2012 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

On February 2, 2012, President Linwood Jernigan, D.V.M. called the regular meeting of the North Carolina Veterinary Medical Board to order at 4:42 p.m. 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. Marshall, seconded by Mrs. Morgan, the minutes for the November 3, 2011 meeting were approved as corrected.

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

The Board recessed the meeting at 5:50 p.m. for a break and reconvened at 6:15 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

As part of his report, Mr. Mickey proposed that the Board purchase new computer equipment, including servers, in an amount not to exceed $15,000.00. Following discussion, upon motion of Mrs. Robinson, seconded by Dr. Gemeinhard [sic], the Board unanimously voted to authorize this purchase.

Mr. Hearn presented the proposed extension of the Board's Agreement with NCVHP for the period beginning February 1,2012 through July 31, 2012. Following discussion, upon motion by Dr. Cochran, seconded by Mrs. Robinson, the Board unanimously voted to renew its Agreement with NCVHP as presented. Mr. Mickey will sign the agreement on behalf of the Board.

Mr. Mickey and Mr. Hearn jointly reviewed with the Board the January 24, 2012 letter to Dr. Mark D. Ledyard of Asheville from the attorney for the N. C. Board of Physical Therapy Examiners ("Physical Therapy Board"). This issue has been discussed previously by this Board. The correspondence of January 24, 2012 confirmed that the Physical Therapy Board was closing its file on its investigation with no further action contemplated or warranted because a recent review of the Charlotte Street Animal Hospital website indicated that all references to "physical therapy" and "physiotherapy" had been removed.

With respect to Kelly Erickson, DVM, Mr. Mickey informed the Board that Dr. Erickson's mobile facility had passed inspection. The Board reviewed the motion it had adopted at the November 3 meeting with respect to Dr. Erickson's business plan that she submitted to the Board in 20010. The Board reaffirmed that it will request her to resubmit her business plan, and the Board will continue to review the delivery of veterinary medical services under the plan. The Board recognizes that for now Dr. Erickson may provide vaccinations and services through the mobile facility consistent with the Veterinary Practice Act and Board Rules.

Mr. Hearn presented for discussion and approval by the Board the proposed Consent Order with Rachael Susan Easterly, DVM, Board complaint no. 2010057-6. The Consent Order, already signed by Dr. Easterly, will resolve the pending complaint and will revoke her veterinary license. Following discussion, the Board, upon motion of Mrs. Robinson and seconded by Dr. Marshall, unanimously approved the Consent Order. Dr. Jernigan signed the Consent Order as President of the Board.

Dr. Gemeinhardt made a motion, seconded by Dr. Cochran, to enter into a closed meeting pursuant to G. S. § 143-318.11(a)(5) to discuss personnel matters, including compensation of Board staff. The motion passed unanimously. At 7:25 p.m., the Board entered into closed meeting and returned to open session at 8:25 p.m.

The meeting adjourned at 8:28 p.m. with plants to reconvene on Friday at 8:00 a.m.

On Friday, February 3, 2012 at 8:00 a.m. President Linwood Jernigan, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. 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.

At 8:05 a.m., Warren Pendergast, M.D., Medical Director of the N. C. Physicians Health Program (NCPHP) joined the meeting. Dr. Pendergast presented an update on the status of the N. C. Veterinary Health Program (NCVHP) since the last Board meeting. Dr. Pendergast left the meeting at 8:30 a.m.

Mr. Mickey reviewed with the Board an email of February 1, 2012 from Dr. Michael G. Davidson, Associate Dean and Director of Veterinary Medical Services at N. C. State University-College of Veterinary Medicine (NCSU-CVM). Dr. Davidson wrote the Board to voluntarily report a situation where certain patients treated at the N. C. State University-Veterinary Teaching Hospital (NCSU-VTH) had inadvertently received incorrect dosages of radiation in January, 2012. Upon motion of Dr. Marshall, seconded by Dr. Cochran, the Board voted unanimously to refer this matter to Committee on Investigation No. 5 for further assessment of this email and of additional information that might be received from NCSU-CVM or from other parties.

At 9:00 a.m., the Board temporarily recessed for a break and resumed the meeting at 9:12 a.m.

Mr. Mickey and Lee Craven reported on the preparation and filing of several reports required by the Office of State Budget and Management (OSBM). The Board members had received a copy of these reports.

Mr. Hearn and Mr. Craven next reported that pursuant to a statutory requirement, they had conducted with Mr. Mickey a review of Board Rules to identify existing rules that are unnecessary, unduly burdensome or inconsistent with the principles set form in N.C.G.S. 150B-19.1(a). Their review did not find any such rules.

Report of Committee on Investigations No. 1.

2011015-1  Steven A. Walker, DVM (Countryside Animal Hospital) - Ms. Teresa Pate | Continued

2011017-1  Robert Loring Berman, DVM (Carolina Veterinary Specialty South Charlotte Med) - Dr. Richard T. Nichols | Dismissed, no probable cause.

2011019-1  Lauren Elizabeth Hessey, DVM (Waxhaw Animal Hospital) - Ms. Odalys Rodriguez | Letter of Reprimand.

2011021-1  Ann Marie Livengood, DVM (Pfafftown Animal Hospital) - Ms. Lisa Nelson | Letter of Caution.

2011023-1  Anthony Harris Levine, DVM (Ironton Animal Hospital) - Mr. Michael Walsh | Letter of Reprimand.

2011025-1  Mark Hayes, DVM (Tenth Street Animal Hospital) - Ms. Margaret Gomez | Letter of Caution.

2011028-1  Mark Ledyard, DVM (Charlotte Street Animal Hospital) - Mr. James P. Henderson | Letter of Caution.

2011030-1  Lea Grace Osborne, DVM and Mary Lynn Paluselli (The Pet Vet on Patton Animal Hospital) - Mr. & Mrs. Brett Herman | Mr. & Mrs. Herman withdrew their complaint against Dr. Paluselli. The Committee dismissed the portion of the complaint against Dr. Osborne with a finding of no probable cause.

2011032-1  Ann Schaumburg Krueger, DVM (Mint Hill Animal Clinic) - Ms. Denise Orton | Dismissed, no probable cause.

2011034-1  Larry Joseph Rutledge, DVM (Brown Creek Animal Hospital) - Ms. Harriet Hethcox | Dismissed, no probable cause.

Upon a motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the report of Committee on Investigations No. 1.

The meeting recessed at 12:15 p.m. for a break and reconvened at 1:00 p.m.

 

Report of Committee on Investigations No. 5.

2011006-5  Michael J. Heinen, DVM - (Lake Norman Animal Hospital, P. A.) - Mr. Pedro Martinez | Dismissed, no probable cause.

2011016-5  Brian Joseph Trumpatori, DVM - (Veterinary Specialty Hospital of the Carolinas) - Ms. Debbie Holt| Dismissed, no probable cause.

2011020-5  Jeffrey W. Burroughs, DVM - (Columbus Mobile Veterinary Services.) - Mr. Timothy Swain | Dismissed, no probable cause.

2011018-5  Cynthia Denise Burnett, DVM - (Burnett Veterinary Hospital) - Ms. Teresa McPherson| Dismissed, no probable cause.

2011022-5  Susan Marie Mervin, DVM - (University Parkway Animal Hospital) - Ms. Christine Flock/Ms. Rosmarie Adams | Dismissed, no probable cause.

2011014-5  Lee Darch, DVM - (North Wake Animal Hospital) - Board initiated complaint. The Committee reconsidered its previous decision to dismiss this complaint. The Committee elected to issue a Letter of Caution.|

2011027-5  Lee Darch, DVM - (North Wake Animal Hospital) - Ms. Michelle Hamilton| Letter of Caution.

2011031-5  Kim Francine Krivit, DVM and Amy Lee Nevens, DVM- (North Star Veterinary Hospital) - Mr. Moses Barrow | Dismissed, no probable cause.

2011033-5  Ralph Augustus Keel, Jr., DVM - (The Pet Hospital of New Bern) - Mr. Robert "Wulf" Williamson| Letter of Reprimand.

2011024-5  Eugene Upshaw, DVM - (Burlington Road Animal Hospital) - Mr. Jason Mayberry| Letter of Caution.

2011037-5  Jennifer Lynn O'Brien, DVM - (Banfield Pet Hospital - Monroe) - Mr. Dirk Dachs | Letter of Reprimand.

2011029-5 [sic] Eugene Upshaw, DVM - (Burlington Road Animal Hospital) - Ms. Jevonda Wright| Letter of Reprimand. Dr. Marshall made a motion, seconded by Dr. Gemeinhardt to accept the recommendations of Committee No. 5 to assess a $1,000.00 civil monetary penalty against Dr. Upshaw upon finding of factors in G.S. 90-187.8(b)(1); (2); and (3); and (5). The motion passed unanimously.

Dr. Cochran left the meeting and did not participate in the report of case no,. 2011029-5.

2011029-5  Sonja Szymeczek, DVM and Dwight Cochran, DVM - (VCA Apex Animal Hospital) - Mr. Gary Meyers and Mrs. Edith Meyers | Dismissed, no probable cause.

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

Dr. Cochran returned to the meeting room.

Upon motion of Dr. Hawkins, seconded by Dr. Cochran, the expenses for this Board meeting were approved.

The Board having no further business, upon motion of Dr. Marshall, seconded by Mrs. Morgan, the meeting was adjourned at 2:55 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 April 13 , 2012 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:00 a.m., President Linwood Jernigan, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. 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 Attorney, Mr. George Hearn. 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 8:05 a.m., Warren Pendergast, M.D., Medical Director, and Joseph P. Jordan, PhD., Clinical Director, of the N. C. Physicians Health Program (NCPHP) joined the meeting. Dr. Pendergast presented an update on the status of the N. C. Veterinary Health Program (NCVHP) since the last Board meeting. Dr. Pendergast left the meeting at 8:20 a.m.

Dr. Jernigan appointed a nomination committee for 2012-2013 officers consisting of Mrs. Robinson, Chair, Mrs. Morgan and Dr. Gemeinhardt. They will present their report at the next meeting.

On motion by Dr. Marshall, seconded by Mrs. Robinson, the minutes for the February 3, 2012 Board meeting were approved.

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. On motion by Mrs. Robinson, seconded by Dr. Cochran, the financial report was approved.

At 9:28 a.m., the Board recessed for a break and resumed the meeting at 9:38 a.m.

Dr. Gemeinhardt discussed with the Board the possibility of her attending the 2012 meeting of the American Association of Veterinary State Boards in September 2012. Mrs. Robinson made a motion, seconded by Dr. Cochran, for Dr. Gemeinhardt to attend the meeting to represent the Board. The motion passed unanimously.

The Board reviewed the March 15, 2012, letter from Lisa Duff, DVM, concerning a request of the Board to approve the delivery of limited veterinary services via a mobile surgical suite trailer used in conjunction with a stationary public or private building that would serve as a patient holding facility. The services provided would be limited to spay/neuter surgeries and rabies vaccinations. Following discussion, Dr. Gemeinhardt made a motion to request a more comprehensive explanation of the post-recovery plan for the animals and information that would clarify Dr. Duff's partnership arrangements. Dr. Cochran seconded the motion. The motion passed with one opposing vote by Dr. Marshall.

Dr. Marshall discussed a recent Board investigative active concerning the procedure of placing CIDR devices into the reproductive organs of cattle to assist with the regulating of the breeding and delivery cycle. The Board discussed this procedure and its relationship to the practice of veterinary medicine. The issue arose when the Board received information that Am Thomas of Winston-Salem had inserted CIDR devices in cattle not owned by her. The Board received this as information and will continue to monitor and review this matter.

The Board adjourned the meeting at 10:35 a.m., so that the Hearing Panel could meet and discuss issues relating to the pending hearing involving Guy Beretich, DVM.

The Board meeting reconvened at 11:10 a.m.

The Board reviewed its current fee schedule and possible financial requirements necessary to conduct it business in the future. Dr. Gemeinhardt mad a motion, seconded by Dr. Cochran, to increase the current fee for registered veterinary technician renewals, veterinary student interns and temporary permits to the cap set in statute and rule. The new fee for the renewal of a veterinary technician registration will be $50.00 biennially. The new registration fee for a veterinary student intern will be $25.00. the new registration fee for a temporary permit will be $150.00. The motion passed unanimously.

The Board discussed the scheduled date of the June Board meeting. Upon review, the date of the meeting was changed from June 28 to June 27.

Report of Committee on Investigations No. 1

2011036-1  Dennis Kay Johnson, DVM - (Greenville Veterinary Hospital) - Mr. & Mrs. John Gardiner | Letter of Caution.

At 12:05 p.m., the Board recessed for a break and resumed the meeting at 12:25 p.m.

2011038-1  Laura Day Dvorak, DVM and Jordan Quinn Jaeger, DVM - (Carolina Veterinary Specialists-Matthews) - Mr. & Mrs. James Wicker | Continued.

2011015-1  Steven A. Walker, DVM - (Countryside Animal Hospital) - Ms. Teresa Pate| Letter of Reprimand and $500.00 civil monetary penalty.

2011040-1  Kimberly Ann Sheaffer, DVM and Laura Day Dvorak, DVM - (Carolina Veterinary Specialty-Matthews) - Mr. & Mrs. Jim Lang | Dismissed, no probable cause.

Following discussion, upon a motion by Mrs. Robinson, seconded by Dr. Cochran, which unanimously passed, the Board assessed a $500.00 civil monetary penalty against Steven A. Walker, DVM, in complaint no. 2011015-1, based upon the factors set forth in G.S. § 90-187.8(b)(1) [the degree and extent of harm to the animal]; (b)(2) [duration and gravity of the violation; and (b)(5) [the licensee's prior disciplinary record].

Upon motion by Dr. Cochran, seconded by Mrs. Morgan, the Board approved the report of Committee on Investigations No. 1.

Report of Committee on Investigations No. 9

2010055-9  David Alan Conde, DVM (West Hills Veterinary Centre, Inc.) - Ms. Mary E. Edwards| The Committee reconsidered its previous decision to pursue a consent order with Dr. Conde to resolve this complaint. Upon reconsideration, the Committee elected to issue a Letter of Reprimand; and recommended that the Board assess him a $2,500.00 civil monetary penalty; and require Dr. Conde to complete 20 hours of continuing education in addition to that required annually for license renewal. The monetary penalty may be paid in full within 30 days of Dr. ['s receiving the letter, or he may pay it at the rate of $250.00 per month until paid, with the first payment being due within 30 days of his receiving the letter. The additional 20 hours of continuing education hours must be completed within one year of the date Dr. Conde receives the letter.

Following discussion, regarding complaint no. 2011015-1 [sic] [2010055-9 ?], upon motion of Dr. Cochran, seconded by Dr. Gemeinhardt, which unanimously passed, the Board assessed a $2,500.00 civil monetary penalty against David Alan Conde, DVM based upon factors set for in G.S. § 90-187.8(b)(1) [the degree and extent of harm to the animal]; and (b)(2) [duration and gravity of the violation].

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

Dr. Marshall left the meeting at 12:52 p.m., to attend a meeting at the N. C. State University College of Veterinary Medicine.

Report of Committee on Investigations No. 5.

2011039-5  David Alan Conde, DVM - (West Hills Veterinary Centre, Inc.) - Mr. & Mrs. David Bennett | Letter of Reprimand; Dr. Conde will be required to register, pay the registration fee, and pass the N. C. State Veterinary Practice Act examination.

2011035-5  William J. Pressly, DVM - (Pressly Animal Hospital) - Ms. Mellisa McNulty | Dismissed, no probable cause.

2011026-5  David Hannink, DVM (Fox Run Animal Hospital) - Ms. Terri Godleski / Ms. Parisa Azamghavami | Letter of Reprimand; 20 hours of continuing education must be completed in addition to the 20 required annually for license renewal.

2012002-5  Kayla Ewing Cristobal, DVM - (Carolina Cat Clinic) - Mr. Avery Martin | Dismissed, no probable cause.

Dr. Cochran made a motion to approve the report of Committee on Investigations No. 5. Mrs. Morgan seconded the motion. Dr. Gemeinhardt moved to amend the motion to amend the motion, requesting that the Committee's decision on the complaint against Kayla Cristobal, DVM, complaint no. 201202-5, be voted on separately from the other complaint reports. Mrs. Morgan seconded the motion. The motion to amend passed unanimously. Dr. Gemeinhardt made a motion that Dr. Cristobal be issued a letter of caution. The motion failed for lack of a second. The Board then voted on the main motion to approve the report of Committee on Investigations No. 5. The motion passed, with one opposing vote by Dr. Gemeinhardt.

Upon a motion by Dr. Gemeinhardt, seconded by Dr. Cochran, the Board approved the report of Committee on Investigations No. 5.

Dr. Cochran returned to the meeting room.

Upon motion of Dr. Hawkins, seconded by Dr. Cochran, the expenses for this Board meeting were approved.

Dr. Marshall rejoined the meeting at 1:45 p.m.

Dr. Jernigan, Chair of the Hearing Panel in the matter of Guy Beretich, DVM, reported that the Panel had met and elected, pursuant to G.S. § 150B-43(e), to refer the case for hearing to the Office of Administrative Hearings.

The Board having no further business, upon motion of Dr. Gemeinhardt, seconded by Dr. Marshall, the meeting was adjourned at 2:22 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 June 27 , 2012 MINUTES
North Carolina Veterinary Medical Board, Asheville, North Carolina

At 8:09 a.m., President Linwood Jernigan, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. 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 Mrs. Robinson, the minutes for the April 13, 2012 Board meeting were approved.

On behalf of of the N. C. Physicians Health Program (NCPHP), Dr. Jernigan presented an update of the status of the N.C. Veterinary Health Program (NCVHP) since the April 13, 2012, Board meeting.

Mr. Hearn advised the Board that the current six-month contract with the North Carolina Physicians Health Program (HCPHP) expires July 31, 21012. Following discussing Dr. Gemeinhardt made a motion that Mr. Hearn prepare a new contract for the period August 1, 2012 through January 31, 2013 with the same terms and conditions as in the current contract; and obtain Mr. Mickey's approval; and have it executed by him and an authorized person at NCPHP; provided, the Board will review the new contract at its September 7, meeting. Mrs. Morgan seconded the motion. The motion passed unanimously.

At 9:05 a.m., the Board recessed for a break and resumed the meeting at 9:15 a.m.

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

Jane A. Barber, DVM, MS, DACT, owner of the Veterinary Specialty Hospital at the Lake, appeared before the Board at 9:15 a.m, to discuss tarns-cervical insemination as it relates to the N.C. Veterinary Practice Act. Following discussion, Dr. Barber left the meeting at 10:10 a.m.

At 10:10 a.m., the Board recessed for a break and resumed the meeting at 10:25 a.m.

The Board discussed the presentation by Dr. Barber and assigned the matter to the Committee on Investigations No. 5 for further review.

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. On motion by Dr. Cochran, seconded by Dr. Hawkins, the financial report was approved.

At its April 3, 2012, meeting the Board reviewed a letter from Lisa Duff, DVM, requesting Board approval for her delivery of limited veterinary services via a mobile surgical suite trailer used in conjunction with stationary public or private buildings that would serve as a patient holding facilities. The Board determined that it needed additional information concerning her post-recovery plans for patients and clarification of what she referred to as partnerships with "government and/or animal welfare organizations." Mr. Mickey wrote to her requesting the information. Dr. Duff responded by letter of June 11, 2012. The Board reviewed her letter and Dr. Marshall made a motion that the Board find that her response established compliance with the Veterinary Practice Act. Dr. Gemeinhardt seconded the motion. The motion passed unanimously.

The Board discussed the May 17, 2012 memorandum from the American Association of Veterinary State Boards (AAVSB) Bylaws and Resolution Committee concerning two proposed amendments to the AAVSB Bylaws. Dr. Marshall moved, seconded by Dr. Cochran, that it is the Board's position that Dr. Gemeinhardt, as the Board representative at the September, 2012 AAVSB meeting, vote for both amendments. The motion passed unanimously.

The Board reviewed a draft of a records retention policy, prepared by Board staff with the assistance of the Government Records Branch of the Division of Archives and Records of the N.C. Department of Cultural Resources. The Board discussed the draft document. Upon motion by Mrs. Robinson, seconded by Dr. Cochran, the Board approved the policy as revised. The policy will now be submitted to the Department of Cultural Resources for approval.

Report of Committee on Investigations No. 1

2011038-1  Laura Day Dvorak, DVM, Jordan Quinn Jaeger, DVM and Kimberly A. Sheaffer, DVM - (Carolina Veterinary Specialists-Matthews) - Mr. & Mrs. James Wicker | Continued

2012003-1  Maria Theresa Zayas, DVM - (Banfield Pet Hospital — Winston-Salem) - Ms. Melina Burns & Ms. Lara Faltemier | Letter of Caution.

2012001-1  Margurette M. Straley, DVM - (Freedom Animal Hospital) - Ms. Norma Singleton-Messer | Letter of Caution.

Upon a motion by Dr. Martin, seconded by Dr. Cochran, the Board approved the report of Committee on Investigations No. 1.

Report of Committee on Investigations No. 5.

2012005-5  Thomas M. Hemstreet, DVM - (LakeCross Veterinary Hospital) - Ms. Ilana Jones| Dismissed, no probable cause.

2012004-5  James Maddry Harrell, DVM - (Reidsville Veterinary Hospital) - Ms. Megan Bliesner | Letter of Caution.

2012007-5  John T. Manolukas, DVM (Cliffdale Animal Hospital) - Ms. Ashley Million & Mr. Joshua Warehime | Complaint withdrawn by Ms. Million & Mr. Warehime

2012009-5  Roxanne K. Taylor, DVM - (Bridges Professional Park Animal Hospital) - Ms. Mary Anne Olsen & Mr. Ray Luce | Letter of Caution.

Upon a motion by Dr. Marshall, seconded by Dr. Gemeinhardt, with Dr. Jernigan have recused himself with respect to voting on the Committee's report relating to the Dr. Thomas M. Hemstreet (complaint No. 2012005-5) and relating to Dr. James M. Harrell (complaint 201200405), the Board approved the report of Committee on Investigations No. 5.

The Nominations Committee reported the following nominations for officers for the year July 1, 2012 through June 20, 2013: Dr. Hawkins, President; Dr. Martin, Vice-President; and Dr. Marshall, Secretary-Treasurer. Upon motion by Mrs. Robinson, seconded by Mrs. Morgan, the Board elected by acclimation Dr. Hawkins, Dr. Martin and Dr. Marshall to their respective offices for 2012-2013.

Upon motion of Dr. Marshall, seconded by Dr. Gemeinhardt, the expenses for this Board meeting were approved.

The Board having no further business, upon motion of Dr. Gemeinhardt, seconded by Dr. Hawkins, the meeting was adjourned at 1:45 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

September 7 , 2012 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:02 a.m., President Richard Hawkins, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. In attendance were the following Board members: Drs. Dwight E. Cochran, William Dean, Kim Gemeinhardt, David Marshall and Dante Martin; Mr. Jonathan Loftis, 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.

On motion by Dr. Cochran, seconded by Dr. Gemeinhardt, the minutes for the June 27, 2012 Board meeting were approved.

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

William Kent Dean, DVM and Jonathan S. Loftis, RVT were recognized and welcomed as the mot recent members appointed to the Board. Their terms are from July 1, 2012 to June 30, 2017.

At 8:10 a.m., Joseph P. Jordan, PhD., Clinical Director, of the N.C. Physicians Health Program (NCPHP) joined the meeting. Dr. Jordan presented an update of the status of the N.C. Veterinary Health Program (NCVHP) since the last Board meeting. Dr. Jordan left the meeting at 8:30 a.m.

Dr. Hawkins recognized the Board staff and acknowledged their accomplishments during the last few months.

Dr. Hawkins discussed and identified with the Board possible objectives for the next year.

Mr. Hearn reported that a new contract with the North Carolina Physicians Health Program for the period August 1, 2012, through January 31, 2013 has been executed.

At 9:05 a.m., the Board recessed for a break and resumed the meeting at 9:10 a.m.

The Board Investigator presented his report on activities since the last Board 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. On motion by Mrs. Morgan, seconded by Dr. Gemeinhardt, the financial report was approved.

At 10:00 a.m., John P. Bianco, DVM, appeared before the Board to discuss the use of the practice facility name, Quail Roost Animal Hospital. by Wesley Aric Sabins, DVM. He presented information on his practice facility, Bahama Road Veterinary Hospital, and his veterinary corporation, Quail Roost Veterinary Hospital, P.A. Following his presentation he left the meeting at 10:35 a.m.

At 10:35 a.m., the Board recesses for a break and resumed the meeting at 10:40 a.m.

At 10:40 a.m., Michael G. Davidson, DVM jointed the meeting and was recognized by the Board for his service on the Board. Dr. Davidson left the meeting at 10:55 a.m.

Dr. Gemeinhardt made a motion, seconded by Dr. Cochran, to enter into a close meeting pursuant to G.S. § 143-318.11(a)(3) to consult with the Board's Attorney and to preserve the attorney-client privilege. The motion passed unanimously. At 11:00 a.m., the Board entered into closed meeting and returned to open session at 11:35 a.m.

The Board reviewed the email from Ms. Karina Moser, Office Manager, for Charlotte Street Animal Hospital concerning Ms. Megan Day, a licensed physical therapist. She is promoting a pet physical rehabilitation service called Waghab. Rehabilitation services are being offered at All Pets Animal Hospital owned by Francis Edward Heath, DVM, and wellness services are offered at A Good Dog's Life. The Board directed letters be sent to Ms. Day and Dr. Heath requesting information on their relationship and the level of supervision provided by Dr. Heath. A letter to the North Carolina Board of Physical Therapy Examiners will also be sent requesting their position of Ms. Day advertising service that include the title, "licensed physical therapist."

Report of Committee on Investigations No. 3

2011038-3  Laura Day Dvorak, DVM; Jordan Quinn Jaeger, DVM; & Kimberly A. Sheaffer, DVM - (Carolina Veterinary Specialists-Matthews) - Mr. & Mrs. James Wicker | Dismissed, No Probable Cause for Dr. Dvorak, Letter of Caution for Dr. Jaeger, Letter of Reprimand for Dr. Scheaffer

2012006-3  Jill Suzanne Pascarella, DVM - (VCA Stoney Creek Animal Hospital) - Ms. Laura Franzo | Continued

2012008-3  Melissa B. Beagle, DVM - (Alamance Animal Emergency Hospital) - Ms. Daisy Eury | Dismissed, No Probable Cause

2012010-3  Theodore Owen, DVM - (Western Carolina Regional Animal Hospital) - Ms. Kathleen Erickson | Letter of Caution

2012013-3  Virginia Autry Brown, DVM - (Dixie Trail Animal Clinic) - Mr. Kevin Wall | Dismissed, No Probable Cause

Upon a motion by Dr. Cochran, seconded by Mr. Loftis, the Board approved the report of Committee on Investigations No. 3.

Report of Committee on Investigations No. 4.

2012011-4  Harriet H. Shields, DVM - (Jackson Co. Veterinary Associates) - Ms. Jean Morgan | Dismissed, No Probable Cause

2012012-4  Deborah Ann Cowan, DVM - (Animal Hospital of Walnut Cove) - Ms. Penny Boyles | Letter of Caution

2012014-4  Rebecca Gail Weaver, DVM (Animal Emergency Services of Forsyth County) - Ms. Melisa Hardy | Dismissed, No Probable Cause

2012015-4  Elizabeth Seybold Brown, DVM - (Piper Glen Animal Hospital) - Gerald M. Aronoff, M.D. | Dismissed, no probable cause.

Upon a motion by Dr. Marshall, seconded by Dr. Cocrhan, with Dr. Gemeinhardt having recused herself with respect to voting on the Committee's report relating to the Dr. Deborah Ann Cowan (complaint No. 2012012-4), the Board approved the report of Committee on Investigations No. 4.

Upon motion of Dr. Martin, seconded by Dr. Gemeinhardt, the expenses for this Board meeting were approved.

The Board having no further business, upon motion of Dr. Gemeinhardt, seconded by Mr. Loftis, the meeting was adjourned at 2:55 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 

November 9, 2012 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

At 8:03 a.m., President Richard Hawkins, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. In attendance were the following Board members: Drs. Dwight E. Cochran, William Dean, Kim Gemeinhardt, David Marshall and Dante Martin; Mr. Jonathan Loftis, 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. Hawkins reviewed with the Board the Governor's and North Carolina Board of Ethics' statement on recognizing and avoiding conflicts of interest.

At 8:10 a.m., Warren Pendergast, M.D., Medical Director, and Joseph P. Jordan, PhD., Clinical Director, of the N. C. Physicians Health Program (NCPHP) joined the meeting. Dr. Pendergast and Dr. Jordan presented an update of the status of the N. C. Veterinary Health Program (NCVHP) since the last Board meeting. Dr. Jordan left the meeting at 8:25 a.m.

Dr. Hawkins reported on his meeting with the Executive Board of the North Carolina Veterinary Medical Association to discuss potential legislative changes to the Veterinary Practice Act.

The Board scheduled the next Board meeting for January 31, 2013, starting at 1:00 p.m., with the meeting to continue on February 1, at 8:00 a.m.

Dr. Hawkins appointed a Committee consisting of Dr. Gemeinhardt and Dr. Martin, to review the disciplinary process. Mr. Hearn and the Executive Director will also participate in the review. Dr. Marshall will assist in an unofficial capacity.

The Board reviewed with Mr. Hearn the status of pending complaints that need to be closed.

At 9:50 a.m., the Board recessed for a break and resumed the meeting at 10:00 a.m.

At 10:00 a.m. W. Aric Sabins, DVM met with the Board to discuss the Board's denial at its meeting September 7, 2012 of his use of the practice facility name Quail Roost Animal Hospital. Following his presentation and a discussion with the Board he left the meeting at 10:30 a.m.

Dr. Marshall made a motion to reconsider the Board's decision of September 7, 2012 to deny Dr. Sabins the use of the name Quail Roost Animal Hospital for his veterinary practice facility in Rougemont, N. C. Dr. Cochran seconded the motion, which passed unanimously.

Dr. Martin mae a motion to approve the name Quail Roost Animal Hospital for by [sic] Dr. Sabins' practice facility. Dr. Marti also requested that the Board ask Dr. Sabins' voluntary cooperation to name his practice facility Bahama Road Animal Hospital at Quail Roost, which would alleviate a possible confusion of practice facility names. This request, however, is not a condition of the Board's approval of the name Quail Roost Animal Hospital. The Board will also pursue statutory revisions to clarify applicable General Statutes to the naming of veterinary practice facilities. The motion passed with Dr. Dean opposed and Dr. Hawkins abstaining. Mr. Hearn will communicate the Board's decision to Dr. Sabins and Dr. John Bianco.

At 12:10 p.m., the Board recessed for a break and resumed the meeting at 12:30 p.m.

At 12:30 p.m., J. Linwood Jernigan, DVM, former Board member and Board President, joined the meeting. Dr. Hawkins presented a plaque to Dr. Jernigan thanking him for his service on the Board. Dr. Jernigan left the meeting at 12:45 p.m.

The Board Investigator presented his report on activities since the last Board 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. On motion by Mr. Loftis, seconded by Dr. Gemeinhardt, the financial report was approved.

The Board set the dates of additional future Board meetings to be April 26, June 27, September 6 and November 15, 2013.

Dr. Gemeinhardt reported on her attendance at the annual meeting of the American Association of Veterinary State Boards (AAVSB) held in Seattle, Washington on September 13-15. She reported on proposed amendments to the AAVSB Bylaws; Washington State's impaired practitioner program; and a presentation from a representative of Virginia entitled, "Sanctioning with Consistency." Dr. Gemeinhardt recommended that the Board send at least one if not two representatives to the meeting next year.

At the request of Dr. Cochran the Board discussed technicians examining animals, in lieu of a veterinarian, for the purposes of determining the health of an animal so that vaccines can be administered. No further action was taken.

Arising out of a complaint investigated by the Committee on Investigations No. 4, Dr. Martin made a request from Michael Davidson, DVM, Associate Dean of Veterinary Medical Services at North Carolina State University, College of Veterinary Medicine [for] clarification of the term "Clinical Technician. Dr. Dean seconded the motion, which passed unanimously.

At 1:45 p.m. the Board recessed for a break and resumed the meeting at 1:55 p.m.

Report of Committee on Investigations No. 3

2012010-3  Theodore Owen, DVM - (Western Carolina Regional Animal Hospital) - Ms. Kathleen Erickson - The Committee reconsidered its previous decision to issue a letter of caution and instead elected to dismiss the complaint with a finding of no probable cause.

2012006-3  Jill Suzanne Pascarella, DVM - (VCA Stoney Creek Animal Hospital) - Ms. Laura Franzo - Dismissed, No Probable Cause

2012018-3  Dennis C. Orr, DVM - (Cabarrus Animal Hospital) - Ms. Laura Franzo - Dismissed, No Probable Cause

2012016-3  Timo Prange, DVM - (NCU-CVM) - Ms. Renee Kusnier - Letter of Caution

2012029-3  Angela Valenti, DVM - (Cliffdale Animal Hospital) - Mr. & Mrs. Rick & Valerie Heicksen - Dismissed, No Probable Cause

2012025-3  Carmen Lindheimer, DVM - (CVS Winston-Salem) - Mr. Alfonso Marotta - Dismissed, No Probable Cause

2012021-3  Salli Slides Steward, DVM - (Jordan Veterinary Hospital) - Ms. Vanessa Mitchell - Dismissed, No Probable Cause

2012023-3  Michael D. McGuire, DVM - (Greenock Farm Veterinary Hospital) - Mr. Russell J. Davis - Dismissed, No Probable Cause

2012031-3  Lisa Ann Wiltron, DVM & Lindsay Ann Aguettant - (Banfield Pet Hospital) - Mr. Pat Terry - Dr. Wiltron - Letter of Reprimand; Dr. Aguettant - Dismissed, No Probable Cause.

2012027-3  Audra B. Rickman, DVM - (Four Paws Veterinary Hospital) - Mr. & Mrs. Tom & Diane Simpson - Dismissed, No Probable Cause.

Upon a motion by Dr. Cochran, seconded by Mr. Loftis, the Board approved the report of Committee on Investigations No. 3.

Report of Committee on Investigations No. 4

2012030-4  Daniel James Wilson, DVM - (A Country Veterinary Clinic) - Mrs. Margery & Arthur Kirner - Letter of Reprimand

2012022-4  Deborah McArthur-Wicks, DVM, Jennifer Leigh Carrell, DVM & Danielle Louise Savary, RVT - (Surf City Pet Hospital) - Ms. Joyce Bailey & Ms. Lori Houston - Dismissed, No Probable Cause

2012028-4  Peggy Ann McCutcheon, RVT - (Swannanoa Valley Animal Hospital) - Dr. Laura Frey - Dismissed, No Probable Cause

2012024-4  John H. Isaacs, DVM - (Quail Corners Animal Hospital) - Ms. Lori Doremus - Letter of Reprimand

2012032-4  Jennifer D. Rodriguez, DVM - (Manchester Animal Hospital) - Ms. Faith Peirsol - Letter of Reprimand

2012020-4  John Alan Wright, DVM & David Altman, DVM - (Swansboro Pet Care Veterinary Clinic) - Mr. & Mrs. John & Nancy Henneke - Dr. Wright - Letter of Caution; Dr. Altman - Dismissed, No Probable Cause

2012017-4  Daniel H. Johnson, DVM - (Avian & Exotic Animal Care) - Ms. Michelle Newsome & M. Jerry Taylor - Dismissed, No Probable Cause

2012034-4  Carrie Carman, DVM & Scott Stevenson, DVM- (Animal Care Clinic Hendersonville) - Ms. Karen Lee Garfinkle - Dismissed, No Probable Cause

2012040-4  Carrie Carman, DVM - (Animal Care Clinic Hendersonville) - Ms. Kathryn Linville - Dismissed, No Probable Cause

Dr. Marshall made a motion to approve the report of Committee on Investigations No. 4. Mrs. Morgan seconded the motion. The motion passed with Dr. Martin recusing himself with respect to the Dr. McArthur-Wicks, DVM, Dr. Carrell, DVM< and Ms. Savary, RVT complaint (No. 2012-22-4) and with respect to the Dr. Wright and Dr. Altman complaint (No 2012004-5 [sic]); and with Mr. Loftis recusing himself with respect to the Dr. Isaacs complaint (No. 2012024-4) and with respect to the Dr. Johnson complaint (No. 2012017-4).

Report of Committee on Investigations No. 5

2012019-5  Michael John Thomann, DVM - (Greater Charlotte Mobile Veterinary Clinic) - North Carolina Veterinary Medical Board - Continued.

Upon motion of Dr. Martin, seconded by Dr. Gemeinhardt, the expenses for this Board meeting were approved.

On motion by Dr. Gemeinhardt, seconded by Dr. Cochran, the minutes for the September 7, 2012 Board meeting were approved.

The Board having no further business, upon motion of Mr. Loftis, seconded by Dr. Gemeinhardt, the meeting was adjourned at 4:10 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 


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