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1997 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


January 24 , 1997, MINUTES,
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President David E. Brooks, D.V.M., called the regular meeting of the Board to order at 1:40 P.M.  Others In attendance were Board members Drs. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. 

The Executive Director read the minutes of the November 7, 1996, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Lewis, the minutes were approved as corrected.

The Board reviewed the letter received from Dr. Patricia Monahan concerning her letter of caution issued at the last Board meeting. No action was taken.

Dr. Brooks reviewed and discussed comments he had received about the last President's letter with the Board. No further action was taken.

Mr. Hearn requested that his meeting with the Board be postponed until the next Board meeting. This item is to be placed on the agenda on the next meeting.

The Executive Director distributed a financial report to the member of the Board.

The Executive Director reported on the scores candidates received on the December administration of the National Board Examination and the Clinical Competency Test.

The meeting was adjourned at 9:00 a.m. so that the Committee on Investigations could conduct a conference call concerning a pending case.

The meeting was reconvened at 9:50 a.m.

The Board reviewed the information from Dr. Jeffrey M. Kline concerning his attempt to be licensed in North Carolina. At 10:15 a.m. Dr. Kline and his wife joined the meeting. He requested that the Board waive the Educational Commission of Foreign Veterinary Graduates (ECFVG) requirement, G.S. 90-187(c), for foreign veterinary graduates. Dr. Kline and his wide left the meeting so the Board could review his request. Dr. Gordon made a motion to waive the ECFVG requirement and grant him a limited veterinary license. After the Board reviewed the General Statutes and determined that the ECFVG requirement is still required for a limited license Dr. Gordon withdrew his request. The Board met again with Dr. Kline and his wide and informed him that the Board does not have statutory authority to grant his request. The Board recommended that Dr. Kline write to the ECFVG committee and request that they grant him an exemption from the final step of the program. Dr. Kline left the meeting at 11:45 a.m.

The Executive Director reviewed the appointment of a new member to the Board by the Governor. This member's appointment to the Board has been withdrawn by the Governor as this person resided in the same congressional district as Dr. Gordon.

The Executive Director reviewed the requirements of the ECFVG program with the Board. No further action was taken.

Dr. Gordon reported on the requirements of a simplified employee pension plan (SEP). Dr. Gordon made a motion to recommend the establishment of a SEP plan for full-time Board employees with a one year waiting period for eligibility. Dr. Lewis seconded the motion. The motion passed unanimously.

Dr. Gordon reported on an insurance plan for Board employees. He made a motion to establish a medical insurance program for full-time employees. The plan would be an 80/20 plan with a $300 deductible. Dr. Lewis seconded the motion. The motion passed unanimously.

On a motion by Dr. Gordon, seconded by Dr. Edwards the Board entered executive session to discuss personnel matters.

The Board returned from executive session.

The meeting was adjourned at 12:15 p.m. for lunch.

The meeting was reconvened at 1:15 p.m.

The Board met with Dr. Julie Levy to discuss Operation Catnip. This is a free spay and neuter program for wild and stray cats. No further action was taken.

Investigative Committee Reports

Report of Committee on Investigations No. 1.

96004-9-9   Dr. Diana Whittier Dudley (Complaint of Ms. Robin Collins) - Continued.
96014-9-9   Dr. Diana Whittier Dudlley (Complaint of Ms. Lisa Keller) - Continued

96024-1-1   Dr. Dennis Jackson (Complaint of Ms. Rosemary Davino) Disciplinary Action, - Letter of Caution to be written by Mr. Hearn.

96040-1-1   Dr. George Creed (Complaint of Ms. Kristian Davis) - Continued.

96042-1-1   Dr. Marjorie I. Lindeke (Complaint of Ms. Mary Kenney) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96043-1-1   Dr. Joseph H. Kinnarney (Complaint of Ms. Shelley Albea Lilly) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96045-1-1   Dr. Bruce A. Simmons (Complaint of Mr. and Mrs. James Melvin Thomas) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96038-1-1   Dr. Steven C. Grub & Dr. Jill Brady (Complaint of Mr. John M. Brennan) - Mr. Brennan does not wish to proceed with the complaint and as such the Committee considers the complaint withdrawn.

Report of Committee on Investigations No. 7.

96017-1-7   Dr. Bradley K. Benson (Complaint of Mrs. Linda Beddard) - The Committee reviewed this case at the last meeting and issued Dr. Benson a Letter of Reprimand. After meeting with Dr. Benson the Committee determined that a Letter of Reprimand was not warranted. The Committee recommended that a Letter of Caution be issued instead. The full Board agreed with the Committee's decision.

96023-1-7  Dr. Kimberly Michele Browning (Complaint of Ms. Jo Beth Bingham) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96039-1-7  Dr. Bentley Stephenson (Complaint of Mr. and Mrs. Joseph Frenn) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96026-1-7  Dr. Gary Dean Stutesman (Complaint of Ms. Doreen Cook) - Dismissed. No probable cause. Letter to be written by Mr. Hearn.

96031-1-7  Dr. Cynthia Burnett (Complaint of Mr. and Mrs. Michael Miller) - Continued.

96037-1-7  Dr. Cynthia Burnett (Complaint of Mr. and Mrs. Ray Eakins) - Continued.

The Board reviewed the request of Dr. Donita L. Frazier for the reinstatement of her veterinary license. Her license was revoked on March 1, 1993, when she failed to renew. Dr. Lewis made a motion that her license not be reinstated until her continuing education is verified by the Executive Director. If she has earned the required number of hours her license is to be reinstated. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Ann Stuart for clarification on the supervision and employment of veterinary assistants. Dr. Gordon made a motion that the Board inform her that the type of supervision that she requests is allowable. The motion was seconded by Dr. Lewis. The motion passed unanimously.

The Board reviewed the request from Dr. Ian William Harrison concerning floating teeth by non-veterinarians. Dr. Padgett made a motion to have Mr. Hearn write to Dr. Harrison and inform him that he would be aiding and abetting the unlicensed practice of veterinary medicine. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Executive Director is to issue a conditional inspection certificate for the practice facility of Dr. Baird if he can get a letter stating that a veterinarian in the area will take his emergencies.

The Board reviewed the information concerning Ms. Renee D. Daniel and Vetsound Inc. Ms. Daniel is providing ultrasound services to veterinarians. Dr. Lewis made a motion to inform her that she cannot perform invasive procedures and to remove diagnostic, veterinary and other terms being used in a manner to circumstances which induce the belief that she is delivering the practice of veterinary medicine. Dr. Gordon seconded the motion. The motion passed unanimously. Dr. Gordon is to present the Board's concerns to Ms. Daniel.

The Board reviewed the new information received from Susan B. Tuman, President of Operation Topcat. The board took no action.

The Board reviewed the information on Ms. Jane Fisher, owner of Paw Prints, concerning animal dentistry. The board directed Mr. Hearn to write her to cease and desist the practice of veterinary medicine.

Dr. Gordon made a motion to grant Dr. Allen L. Dahl a limited veterinary license until he can sit for the May 1997 state examination. His practice will be limited to small animal work in Rich Square, North Carolina. The motion was seconded by Dr. Edwards. The motion passed unanimously.

The Board reviewed the requests of Dr. Tom Redding, David Darvishian, Dianna Shattuck, and Midy Newman for an extension on their continuing education requirements. Dr. Padgett made a motion, seconded by Dr. Edwards to grant their request provided they pay the $50.00 late renewal penalty. The motion passed unanimously.

The Board reviewed the request of Dr. Tonya Newell and Chris Neville for an extension on their continuing education requirements. Dr. Padgett made a motion, seconded by Dr. Edwards to grant them a 90 day extension. The motion passed unanimously.

The Board reviewed the request of Dr. Katherine Queck to deny the name requested by Dr. Russell Breckwoldt for his new practice facility. The Board stands on the previous decision to approve the name.

The Board adjourned the meeting to enter into executive session to discuss personnel. The motion was made by Dr. Gordon and seconded by Dr. Padgett. The motion passed unanimously. The meeting was adjourned at 4:10 p.m.

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

The meeting was adjourned on a motion by Dr. Padgett and seconded by Dr. Edwards at 4:35 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


April 25, 1997, MINUTES,
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President David E. Brooks, D.V.M., called the regular meeting of the Board to order at 8:30 A.M.  Others In attendance were Board members Drs. George Edward, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. 

The Executive Director read the minutes of the January 24, 1997, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Edwards, the minutes were approved as corrected.

The Executive Director reported that a health insurance plan is now in place for the Board's full-time employees. It is a PPO plan with BlueCross BlueShield of North Carolina.

The Executive Director reported that a Simplified Employee Pension plan has been established as the Board directed at its last meeting.

Dr. Gordon reported on Ms. Renee D. Daniel, a medical sonographer who offers a consulting service to veterinarians, and her affiliation with Dr. Cynthia Godshalk. Ms. Daniel had recently responded to an earlier inquiry of the Board. The discussion of the Board led to a motion by Dr. Gordon that the Board develop a rule defining other health care providers, including but not limited to acupuncture, chiropractic, dentistry, and sonography, working under the supervision of a licensed veterinarian. The motion was not seconded. After further discussion Dr. Gordon made a motion to establish a Board policy concerning other health care providers working under the direct supervision of a licensed veterinarian. After discussion Dr. Gordon himself tabled the motion for further research and consideration.

Dr. Padgett requested that the Board reconsider the request of Dr. Jeffrey Kline for a veterinary license which was denied at the last meeting. The Board reviewed the General Statutes and Administrative Rules governing licensing and determined the the Board does not have the authority to grant the request of Dr. Kline. This is a result of Dr. Kline not having an Educational Commission for Foreign Veterinary Graduates (ECFVG) certificate. Dr. Gordon made a motion that the Executive Director write to the ECFVG commission and request that they review their current requirements. The motion was seconded by Dr. Padgett. Dr. Edwards opposed the motion. After discussion the motion was withdrawn. The Executive Director is to further research the ECFVG program.

Dr. Brooks formed a new Committee on Investigations (Number 8) to review complaints concerning practice facilities and advise the Executive Director on revisions to practice facility inspection procedures. The Committee consists of Dr. Lewis, Dr. Justus and Dr. Padgett. Dr. Lewis will chair the committee.

Dr. Padgett reviewed the complaint (96031-1-7) made by Mrs. Sandra Miller against Dr. Cynthia Burnett. The Committee on Investigations No. 7 recommended entering into a consent order with Dr. Burnett. Dr. Lewis made a motion to accept the committee's recommendation. The motion was seconded by Dr. Gordon. The motion passed unanimously. The consent order was signed by Dr. Brooks.

Mr. Hearn reported that Mr. J. Sandy Swanson has not responded to any of his letters sent on behalf of the Board. In Mr. Hearn's letter he requested Mr. Swanson to verify his status as a veterinarian. Having no received any response from Mr. Swanson this matter was continued pending a response.

For those individuals who have not earned their required continuing education by December 31, Dr. Gordon made a motion to allow the Executive Director to grant an extension until March 31, if a justifiable reason exists. The motion was seconded by Dr. Padgett. The motion passed unanimously.

The Executive Director distributed a financial report to the member of the Board.

Dr. Edwards made a motion to allow the Executive Director to spend up to $2,500 to upgrade the Board office computer systems. The motion was seconded by Dr. Padgett. The motion passed unanimously.

The meeting was adjourned at 10:25 a.m. for a ten minute break.

The meeting reconvened at 10:35 a.m.

Report of Committee on Investigations No. 1.

96004-9-9   Dr. Diana Whitter Dudley, (Complaint of Ms. Robin Collins) - Letter of Caution.

96014-9-9   Dr. Diana Whittier Dudley (Complaint of Ms. Lisa Keller) - Combined with complaint number 96004-9-9..

96032-1-1   Dr. John E. Dowler (Complaint of Ms. Karen E. Taylor) - Reconsidered from the January 1997 meeting in which Dr. Dowler was to be issued a Letter of Reprimand. After reconsideration the Committee issued a Letter of Caution.

96040-1-1   Dr. George B. Creed (Complaint of Ms. Kristin Davis) - Disciplinary Action, Letter of Caution to be written by Mr. Hearn.

97002-1-1   Dr. Derek C. Norford (Complaint initiated by the Board concerning the complaint filed by Mr. and Mrs. Donald Jones against Dr. Upshaw) - Disciplinary action - Letter of Caution to be written by Mr. Hearn.

97004-1-1   Dr. James R. Allen (Complaint of Ms. Jamie L. Brumfield) - Dismissed, no probable cause, if Dr. Allen's practice facility passes a unannounced inspection.

97006-1-1   Dr. Marilyn S. Brewer (Complaint of Mrs. Ava H. Smith) - Dismissed, no probable cause.

97010-1-1   Dr. Kathryn Rae Remsberg (Complaint of Ms. Valerie M. Trombly) - Dismissed, no probable cause.

97008-1-1   Dr. Charles T. Steinman & Dr. Rita Hirning DeMeuse (Complaint of Ms. Linda L. Merrell) - Dismissed, no probable cause.

97012-1-1   Dr. Thomas B. Kuhn (Complaint of Ms. Sara Larshan) - Dismissed, no probable cause.

Report of Committee on Investigations No. 7.

96037-1-7   Dr. Cynthia Denise Burnett (Complaint of Mr. and Mrs. Ray Eakins) - Disciplinary Action - Letter of Reprimand.

97001-1-7   Dr. Margaret Pressley (Complaint of Mr. and Mrs. Robert Blevins) - Dismissed, no probable cause.

96041-1-7   Dr. James W. Eubanks (Complaint of Mrs., Diana Shaw) - Disciplinary Action - Letter of Caution.

97005-1-7   Dr. Stanley L. Griffith (Complaint of Jeffrey Siegel, M.D.) - Dismissed. No probable cause.

97007-1-7   Dr. John Anthony Stih (Complaint of Ms. Carol Reynolds) - Disciplinary Action - Letter of Caution.

96044-1-7   Dr. Leah Prather (Complaint of Ms. Rita M. Creech) - Dismissed. No response from Ms. Creech.

97003-1-7   Dr. Joel Garrett & Dr. Ann Marie Turner (Complaint of Ms. Pamela Usry) - Continued, pending a response from Dr. Garrett.

The Board reviewed the information received from the FDA concerning Mr. Albert M. Eatmon, President Dedmon Stock Yard, and Dr. Earl Sheppard. Dr. Padgett made a motion to send Mr. Eatmon a letter to cease and desist the practice of veterinary medicine. The motion was seconded by Dr. Gordon. The motion passed unanimously, with Dr. Edwards abstaining.

Dr. Padgett made a motion to initiate a Board complaint against Dr. Sheppard for having a professional association with or knowingly employing any person practicing veterinary medicine unlawfully. The motion was seconded by Dr. Gordon. The motion passed unanimously, with Dr. Edwards abstaining.

Mr. Hearn presented a draft letter to Richard J. House, M.D. L.Ac, Chair of the North Carolina Acupuncture Licensing Board, that he had prepared on behalf of the Board. The Acupuncture Board is of the opinion that veterinary acupuncture is a reasonable extension of an acupuncturist. The letter prepared by Mr. Hearn states that administering acupuncture to animals would constitute the practice of veterinary medicine. Dr. Justus made a motion to send the letter as is. The motion was seconded by Dr. Gordon. The motion passed unanimously.

The Board reviewed the request from G. Sylvester Price, D.V.M., Ph.D., Assistant Professor of Oncology, at the North Carolina State University, College of Veterinary Medicine, concerning continuing education. Dr. Price would like the oncology service's Practitioner Affiliate Program to be approved for twenty hours of continuing education. Dr. Gordon made a motion to approve the request. The motion was seconded by Dr. Lewis. The motion passed unanimously.

The Board reviewed the request from Dr. Cynthia P. Godshalk to provide continuing education programs to various veterinary hospitals around the state. She is board certified by the American College of Veterinary Radiology. Her program would be conducted at individual practices and would involve only the veterinarians at the hospital. Each program would consist of one or more of the following:

1. Assessment of radiographic quality and practice tips for better radiographs;
2. Radiographic interpretation of teaching film sets; and
3. Radiographic interpretation of the practitioner's films.

Dr. Gordon made a motion to allow this type of request with the following guidelines:

1. One on one CE credits in a non structured environment of not more than three hours per year per license;
2. These programs are not affiliated or sponsored by another school or association;
3. The CE provider must be Board Certified;
4. The provider must provided documentation by December 31 to the Board as to who these CE programs were presented to in that calendar year; and
5. All such providers need prior Board approval on an annual basis.

The motion was seconded by Dr. Lewis. The motion passed unanimously.

The Board directed the Executive Director to communicate this information to Dr. Michael R. Metcalf who is providing a similar CE program.

The Board reviewed the letter from Dr. Sylvia J. Smith in which she requests clarification on the duties that veterinary technicians and employees are allowed to perform under the North Carolina Veterinary Practice Act. The Executive Director is to write to her and refer her to G.S. 90-187.6(c),

The Board reviewed the information received from the American Veterinary Medical Association Professional Liability Insurance Trust concerning professional liability protection. The Board tabled this item until further information is received.

The Board Board reviewed the Southern Pines Equine Associates Newsletter in which they announced their affiliation with an equine dentist, Percy Page. The Board determined that Percy Page is practicing veterinary medicine without a veterinary license. Also, the affiliation, as described in the newsletter, with Mr. Page by Southern Pines Equine Associates appear to be violating the Practice Act. Mr. Hearn is to send Percy Page a cease and desist letter and also inform the Doctors of Southern Pines Equine Associates that they are violating the Practice Act.

Dr. Edwards made a motion to amend the consent order with Dr. Cynthia L. Branch so that it conforms to the consent order that Dr. Branch has with Virginia. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed information received at the Board office concerning the practice of veterinary medicine at practice facilities that have not been inspected by the Board. The Executive Director is to write to the veterinarians who live on the coast and question them as to how they are providing emergency services and if they practice away from their Board approved facility.

Dr. Brooks appointed a nomination committee consisting of Dr. Padgett, Dr. Edwards, and Mrs. Jones. The committee is to make nominations for President, Vice President and Secretary-Treasurer. They will report back at the next meeting.

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

The meeting was adjourned on a motion by Dr. Padgett and seconded by Dr. Gordon at 1:45 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


August 1, 1997, MINUTES
North Carolina Veterinary Medical Board, Atlantic Beach, North Carolina


President David E. Brooks called the meeting to order at 10:00 A.M.  Others In attendance were Board members Dr. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. 

The Executive Director read the minutes of the April 25, 1997, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Justus, the minutes were approved as corrected.

Mr. Hearn reported the Supreme Court of North Carolina has issued its decision in the case of Margaret Ann Leahy, R.N. v. North Carolina Board of Nursing. Mr. Hearn had filed an amicus curiae brief on behalf of the Board with the Supreme Court. The Supreme Court reversed the North Carolina Court of Appeals in this case and affirmed that an occupational licensing Board may draw on its experience and knowledge in its licensing field to determine the standard of care in disciplinary hearings.

Mr. Hearn discussed the letter of Richard. J. House, M.D., L.Ac, Chair of the North Carolina Acupuncture Licensing Board. This was in response to the Board's letter stating that administering acupuncture to animals would constitute the practice of veterinary medicine. No further action was taken.

Mr. Hearn reported that the revised consent order has been sent to Dr. Cynthia Branch for her review.

Mr. Hearn discussed the letter from James J. Brace, D.V.M., Chair of the Educational Commission for Foreign Veterinary Graduates with the Board. No action was taken.

Mr. Hearn reviewed the next spay/neuter clinic for stray or feral cats on Topsail Island. This is being conducted by Operation Topcat, which has held such clinics in the past. The Board directed Mr. Hearn to request from Susan B. Tuman, President of Operation Topcat, the notification of any changes from previous clinics and continued communication with the Board.

Dr. Suzanne N. Kydd met with the Board at 10:55 a.m. to discuss her concerns of Administrative Rule .0207(b)(19). She left the meeting at 11:30 a.m. The Board took no action.

The Executive Director distributed a financial report to the members of the Board.

The Executive Director reported on the costs associated with photocopying records. Dr. Gordon made a motion to establish a charge of 15 cents per page when copies of records are requested. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board directed the Executive Director to investigate the costs associated with providing computer printouts or diskettes to individuals who request them. The Executive Director is to report back at the next meeting.

The Executive Director reported that the American Association of Veterinary State Boards (AAVSB) is developing guidelines for the approval of continuing education programs. Dr. Edwards made a motion to direct the Executive Director to write to the AAVSB stating that the Board would like to participate and support the development of those guidelines. Dr. Padgett seconded the motion. The motion passed unanimously.

The Executive Director reviewed the report of Dr. Marvin L. Samuelson, AAVSB representative to the Educational Commission for Foreign Veterinary Graduates, which was presented at the annual meeting of the AAVSB. No action was taken.

The Executive Director discussed with the Boar the steps being taken to computerize the National Board Examination and Clinical Competency Test. No action was taken.

Dr. Brooks discussed with the Board the temporary permit interview. Suggested topics for the interview include client communication, employee/employer relationship, supervision, purpose of the Board, and substance abuse. Also, each temporary permit candidate needs to be told that they cannot be accredited or obtain a DEA number.

The meeting was adjourned at 12:30 p.m. for lunch.

The meeting reconvened at 1:50 p.m.

Investigative Committee Reports

Report of Committee on Investigations No. 1.

97018-1-1   Dr. Claudia Berryhill (Complaint of Ms. Alexis R. Thonen) - Continued pending the receipt of medical records.

97014-1-1   Dr. David James DeQucik (Complaint of Ms. Becky Guess) - Dismissed, no probable cause.

97021-1-1   Dr. Kim Francine Krivit and Dr. James McCain Hamilton (Complaint of Ms. Karen E. Taylor) - Continued pending the receipt of medical records.

97023-1-1   Dr. Ahmed N. Said (Complaint of Mr. Carl P. Chapman) - Dismissed, no probable cause.

Report of Committee on Investigations No. 7.

97003-1-7   Dr. Joel Garrett and Dr. Ann Marie Turner (Complaint of Ms. Pamela Usry) - Disciplinary Action against Dr. Garrett - Letter of Caution and dismissed with a finding of no probable cause against Dr. Turner.

97011-1-7   Dr. Margaret Ann Anderson (Complaint of Ms. Gloria McLamb) - Dismissed, no probable cause.

97017-1-7   Dr. Charles Franklin (Complaint of Ms. Vickki Mioduszewski) - Dismissed, no probable cause.

97019-1-7   Dr. Jimmie L. Sain (Complaint of Mr. Bill Edmonds, Jr.) - Dismissed, no probable cause.

97022-1-7   Dr. David A. Wilson (Complaint of Ms. Peggy P. Kenley) - Client Satisfied with the actions of Dr. Wilson, complaint considered withdrawn.

97024-1-7   Dr. Curt Locklear (Complaint by the Board) - Disciplinary Action. Letter of Reprimand.

97020-1-7   Dr. Earl Sheppard (Complaint by the Board) - Disciplinary Action. Letter of Reprimand.

97026-2-7   Dr. Cynthia Perkins Godshalk (Complaint by the Board) - Continued.

The meeting was adjourned at 3:10 p.m. for a ten minute break.

The meeting resumed at 3:20 p.m.

The Board reviewed the letter of Dr. Patricia Monahan in which she requests that the Board send newsletters from the North Carolina Veterinary Medical Association and civil court order in the case of Dr. Robert M. Sheegog vs. Dr. Patricia Monahan to each state in which she is seeking licensure. The Board directed the Executive Director and Mr. Hearn to respond, stating that when the Board is requested to send a license verification to another state, it provides only information on actions by this Board against the licensee.

Dr. Justus and Mr. Hearn discussed liability insurance with the Board. Mr. Hearn reported that the Board members are provided some coverage by the State. The Board directed the Executive Director to get quotes on general liability, errors & omissions, and officers and directors insurance from both the State and other insurance providers.

The Board reviewed the information received from Ms. Karen Lynne Lloyd concerning her prior felony conviction in 1988. Ms. Lloyd has applied for registration as a veterinary technician. Based on her having no additional convictions since 1988, Dr. Gordon made the motion to allow her to be registered, provided she passes the National Board Examination for technicians and the State Examination. The motion was seconded by Dr. Lewis. The motion passed with Mrs. Jones opposed.

The Executive Director presented the contracts with the Professional Examination Service for the National Board Examination and Clinical Competence Test for veterinarians. Dr. Edwards made a motion, seconded by Dr. Gordon to approve the contracts. The motion passed unanimously.

The Board reviewed the request of Dr. Mark P. Naisse, a 1978 graduate of Kansas State University, College of Veterinary Medicine, for an exemption from re-taking the Clinical Competency Test. Based on his previously passing the National Board Exam, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Ophthalmologists, Dr. Gordon made a motion to grant his request. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Joyce Marie Carnevale, a 1990 graduate of Cornell University, College of Veterinary Medicine, for an exemption from re-taking the Clinical Competency Test. Based on her previously passing the National Board Exam, her having worked in the veterinary profession for three of the last five years, and her status as a Diplomate of the American College of Veterinary Practitioners, Dr. Lewis made a motion to grant his request. Dr. Gordon seconded the motion. The motion passed unanimously.

The Board reviewed information that may indicate that Mr. Russell Sanderson may have vaccinated a dog for rabies on June 28th 1997. The Executive Director is to write to Dr. Harriet Duncan of the Duplin County Health Department to verify the status of Mr. Sanderson as a certified rabies vaccinator.

The Board reviewed the letter of Dr. Robert Neunzig in which he requests that he be allowed to change the names of four of his practice facilities. Currently they are named All Pet Care Clinic followed by the name of the city it is located in. He has requested that the name Petsmart Veterinary Services, Pet Hospital followed by the name of the city it is located in. Dr. Gordon made a motion to approve the request. Dr. Justus seconded the motion. The motion passed unanimously.

The slate of officers, proposed by the nominating committee, consisting of Dr. Padgett, Dr. Edwards, and Mrs. Jones, presented were:

President                  Dr. David E. Brooks
Vice-President           Dr. Kenneth R. Padgett
Secretary-Treasurer    Dr. Joseph K. Gordon

Dr. Justus moved that the nominations be closed and nominees be elected by acclamation. Dr. Lewis seconded the motion. The motion passed unanimously.

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

The next meeting of the Board will be held in its Raleigh office on September 18 & 19, 1997.

The Board reviewed the letter from Dr. Cynthia D. Burnett in which she reports that Mr. Ernest Leverette practiced veterinary medicine. On Saturday, May 3, 1997, Mr. Leverette acted in the capacity of a veterinarian, representing Burnett Veterinary Hospital without the knowledge of Dr. Burnett, by vaccinating approximately eighty dogs for rabies. Dr. Burnett has since contacted all of the dog owners for revaccination in order to be in full compliance the North Carolina law. Dr. Edwards made a motion, seconded by Dr. Padgett to have Mr. Hearn write a letter on behalf of the Board commending Dr. Burnett for her informing the Board of the unlicensed practice of veterinary medicine. As part of his motion Dr. Edwards requests that a letter be sent to Mr. Leverette telling him to cease and desist al practice of veterinary medicine. The motion passed unanimously.

The meeting was adjourned unanimous vote upon a motion by Dr. Edwards and seconded by Dr. Padgett at 4:30 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


September 19, 1997, MINUTES,
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President David E. Brooks, D.V.M., called the regular meeting of the Board to order at 8:20 A.M.  Others In attendance were Board members Drs. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

The Executive Director read the minutes of the August 1, 1997, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Edwards, the minutes were approved as corrected.

Following the last meeting the Committee on Investigations Number 7 determined that the file of Dr. Curt Locklear concerning complaint number 97024-1-7 was incomplete. As such the Committee determined that additional information needs to be received and considered. The preliminary decision of the Committee to issue a letter of reprimand was continued.

The Board directed the Executive Director to determine if Mr. Russell Sanderson is no longer a certified rabies vaccinator and if he had been informed of such. If he is no longer certified the Executive Director is to investigate if evidence exists that he has been practicing veterinary medicine without a license.

The Committee on Investigations Number 1 made a preliminary report concerning the practice facility inspection of Avian Veterinary Services which is owned by Dr. Richard Gregory Burkett. The Committee recommended that a Board initiated complaint be filed against Dr. Burkett.

Ms. Karen Keltz and Ms. Margot Bowers appeared before the Board at 9:00 a.m. to discuss Ms. Keltz's complaint against Dr. Richard Gregory Burkett. The Board explained the Administrative Rules concerning complaints with them. No details of the complaint were discusses. Ms. Keltz and Ms. Bowers left the meeting at 9:05 a.m. No further action was taken.

Dr. Fred Faragalla appeared before the Board at 9:10 a.m. His purpose was to discuss the floating of teeth by equine dentists who are not veterinarians and licensed in the State. He gave several examples but could not provide definitive proof. The Board explained the difficulties with getting enough evidence to prosecute individuals. Dr. Faragalla provided several possible ways in which the Board could act. Dr. Faragalla left the meeting as 9:40 a.m. No further action was taken.

Dr. Gordon discussed the providing of veterinary services by allied health professionals with licensed veterinarians in the State. He made a motion to have Mr. Hearn and the Executive Director research this and formulate draft language. The motion was seconded by Dr. Edwards. The motion passed unanimously.


Mr. Hearn reported on the status of the insurance quotations with the Board.

Dr. Brooks reported that he has been appointed by the Governor to serve for a second five year term.

The Executive Director distributed a financial report to the Board Members.

The Executive Director requested that the Board allow the office to purchase a fire-proof file cabinet. He also recommended that an additional computer be purchased for the office next spring. Dr. Gordon made a motion to approve both requests. The motion was seconded by Dr. Edwards. The motion passed unanimously.

The Executive Director reported on the costs associated with providing computer printouts or diskettes to individuals who request them. The Executive Director recommend a charge of six cents per name with a minimum charge of $40.00. Dr. Gordon made a motion to approve the recommendation. The motion was seconded by Dr. Edwards. The motion passed unanimously.

The meeting was adjourned at 10:10 a.m. for a ten minute break.

The meeting resumed at 10:20 a.m.

Investigative Committee Reports

Report of Committee on Investigations No. 1.

97016-1-1  Dr. Chadwich Aderhold (Complaint of Ms. Lisa N. Baucom) - Dismissed, no probable cause.

97027-1-1  Dr. Denise R. Glander (Complaint of Mr. S. A. Sedlacak - Disciplinary Action. Letter of Caution.

97036-1-1  Dr. Dana R. Jones (Complaint of Ms. Patty C. Walsh) - Dismissed, no probable cause.

97018-1-1  Dr. Claudia Berryhill (Complaint of Ms. Alexis R. Thonen) - Dismissed, no probable cause.

97021-1-1  Dr. Kim Francine Krivit and Dr. James McCain Hamilton (Complaint of Ms. Karen E. Taylor) - The portion of the complaint against Dr. Krivit is withdrawn as the client is satisfied with the response and the committee could not find probable cause. Dr. Hamilton is to be issued a Letter of Reprimand.

97025-1-1  Dr. Richard Gregory Burkett (Complaint of Ms. Karen Keltz) - Continue.

97029-1-1  Dr. R. G. Jaconis (Complaint of Ms. Judith P. Willard) - Disciplinary Action. Letter of Caution.

Report of Committee on Investigations No. 7.

97024-1-7     Dr. Curt Locklear (Complaint by the Board) - Continued.

97007-1-7     Dr. John Anthony Stih (Complaint of Ms. Carol Reynolds) - Previous decision of the Committee to issue a Letter of Caution stands.

97020-1-7     Dr. Earl T. Sheppard (Board Complaint) - As reported at the last meeting. Dr. Sheppard is to be issued a Letter of Reprimand. Dr. Edwards did not participate in the Committee's decision.

97009-1-7     Dr. Steven Duane Blanton and Dr. Stephanie Verlyn Baker (Complaint of Ms. Margaret G. Brown) - Dismissed, no probable cause.

97030-1-7     Dr. Jeff D. Wilkins (Complaint of Ms. Carolyn Toban) - Dismissed, no probable cause.

97026-2-7     Dr. Cynthia Perkins Godshalk (Complaint by the Board) - Dismissed, no disciplinary action, letter from the Board clarifying the differences between a relief and a consulting veterinarian.

97028-3-7     Dr. Salli Sides Steward (Complaint of Dr. Lynn A. Reed) - Continued.

97035-1-7     Dr. Mark Camacho (Complaint of Dr. Karen Jordan) - Continued.

Report of Committee on Investigation No. 8

97032-2-8     Dr. Kim Francine Krivit - North Star Equine (Complaint by the Board) - Withdrawn.

97033-2-8     Dr. David Altman - The Animal Hospital of Onslow County (Complaint by the Board) - Withdrawn.

The Executive Director presented the contract with the Professional Examination Service for the National Board Examination for veterinarian technicians. Dr. Padgett made a motion, seconded by Dr. Gordon to approve the contracts. The motion passed unanimously.

The Board reviewed the suspension notice of Dr. Richard Mansmann from the State of California, Santa Barbara County Family Support Division. The Board reviewed G.S. 90-187.8(c)(13) to determine if Dr. Mansmann could be disciplined in this state. As there are no current laws in North Carolina giving occupational licensing boards the power to revoke licenses when a licensee fails to provide spousal support, no action was taken.

The Board reviewed the information on the Haven Animal Shelter. The issue was tabled until further information is received.

The Board reviewed the newspaper article from the August 3, 1997, addition of the Fayetteville Observer-Times. This article contains pictures and a story on Mr. Doug Van Cleave floating horses teeth. Dr. Gordon made a motion to direct Mr. Hearn to write Mr. Van Cleave a letter informing him to cease and desist the unlicensed practice of veterinary medicine. As part of his motion Dr. Gordon also requested that Mr. Hearn prepare a letter from Dr. Brooks to send to the Fayetteville Observer Times. The letter will inform the newspaper that Mr. Van Cleave is not licensed to practice veterinary medicine in North Carolina. The motion was seconded by Dr. Padgett. The motion passed unanimously.

The Board reviewed the September 1997 publication "Horse Tales". In the publication is an advertisement for equine dentistry. The individual offering these services is a Mr. Steven K. Snyder. Dr. Gordon made a motion to direct Mr. Hearn to write Mr. Snyder a letter informing him to cease and desist the unlicensed practice of veterinary medicine. The motion was seconded by Dr. Padgett. The motion passed unanimously.

The Board tabled the request of Ms. Linda Jane Evans concerning the practice of veterinary medicine until such time Ms. Evans provided the Board with additional information.

The next meeting of the Board will be held in its Raleigh office on November 13 & 14, 1997.

Dr. Gordon made a motion, concerning complaints, to send the rebuttal of the client back to the Doctor so the doctor may respond. The motion was seconded by Dr. Padgett. After discussion the Executive Director is to implement a procedure to handle this concern.

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

The meeting was adjourned on a motion by Dr. Edwards and seconded by Dr. Padgett at 1:30 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


November 14 , 1997,
MINUTES, North Carolina Veterinary Medical Board, Raleigh, North Carolina


President David E. Brooks, D.V.M., called the meeting to order at 8:30 A.M.  Others In attendance were Board members Drs. George Edwards, Joseph Gordon, Herbert Justus, Kenneth Padgett, Amy Lewis, and Mrs. Nellie Jones.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

The Executive Director read the minutes of the September 19, 1997, meeting.  On a motion made by Dr. Gordon, seconded by Dr. Lewis, the minutes were approved as corrected.

Mr. Hearn reported to the Board on the Occupational Licensing Boards of the State that license health care providers.

At 9:10 a.m. Dr. Fed [sic] B. McCashin and Dr. Thomas Martin Daniel, Jr. appeared before the Board to discuss the providing of equine dentistry by non-licensed individuals. They expressed the problems they are having providing large animal dentistry services to their clients. They propose that the Board undertake some action to allow non-veterinarians to provide these services. They left the meeting at 10:10 a.m.

The meeting was adjourned at 10:10 a.m. for a ten minute break.

The meeting resumed at 10:20 a.m.

Dr. Richard Gregory Burkett, Ms. Margot Bowers, and Ms. Karen Keltz joined the meeting at 10:30 a.m.

The Committee on Investigation Number 7 reported that the complaint number 95004-1-7, which was made by Ms. Margot Bowers against Dr. Gregory Burkett will not be reopened. Regarding the request of Ms. Bowers to force Dr. Burkett to provide her a copy of her bird's medical record the Committee took no action other then [sic] to recommend that Dr. Burkett comply with her request.

The Committee on Investigations Number 1 presented their report concerning complaint number 97025-1-1. This complaint was filed by Ms. Karen Keltz against Dr. Burkett. The Committee dismissed part of the complaint, issued a Letter of Caution concerning a second part, issued a Letter of Reprimand concerning a third part. Dr. Burkett was also assessed a civil monetary penalty of $3,000.

Dr. Burkett, Ms. Bowers, and Ms. Keltz left the meeting at 11:30 a.m.

The Executive Director reported that Mr. Russell Sanderson has been re-appointed as a certified rabies vaccinator by the Duplin County Health Director. The Executive Director is to investigate the types of rabies certificates a certified rabies vaccinator may issued.

Dr. Gordon made a motion to have the Executive Director follow-up with local police departments, where possible, when it is identified that the unlicensed practice of veterinary medicine is taking place. The motion was seconded by Dr. Padgett. The motion passed unanimously.

Mr. Hearn discussed with the Board the meeting of Dr. McCashin and Dr. Daniel. Dr. Gordon made a motion to have Mr. Hearn develop draft language concerning the providing of veterinary services by individuals not currently licensed or registered with the Board. The motion was seconded by Dr. Edwards. The motion passed unanimously.

Mr. Hearn reported that the forms necessary for the Board to receive insurance quotations have been filed with the appropriate insurance agent.

The Executive Director followed-up on the presentation at the last meeting concerning the Haven Animal Shelter. The Board took no action.

The Executive Director reported that Ms. Linda Evans did not respond to the Board's request for additional information on her request to be allowed to have a medical doctor perform a medical procedure on her horse. The Board took no action.

The Board discussed the fact that some veterinarians are not responding to practice facility violation letters that are sent certified mail. Dr. Gordon made a motion that veterinarians that do not present proof of the correction of violations, or show facts which justify an extension of time, should receive a Letter of Reprimand and a civil monetary fine of $500 per day until the violation is corrected. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board discussed what issues should be part of the next president's letter.

The meeting was adjourned at 12:35 p.m. for lunch. The Committee on Investigations number 1 will also meet to review those cases that they did not have time to review yesterday.

The meeting reconvened at 3:15 p.m.

The Executive Director distributed a financial report to the Board Members.

Dr. Gordon made a motion to allow spays and neuters to be performed in a multi-purpose room at the Wake County Animal Shelter. The surgeries will be performed by second and third year North Carolina State University College of Veterinary Medicine students on animal [sic] owned by the Shelter. The motion was seconded by Dr. Lewis. The motion passed unanimously.

The Board directed Mr. Hearn to draft a response to Ms. Kathy Duncan concerning her request [sic] information on massage therapy for horses.

The Board reviewed the request of Dr. Dana Walker, a 1986 graduate of the University of Missouri, College of Veterinary Medicine, for an exemption from re-taking the Clinical Competency Test. Based on her previously passing the National Board Exam, Clinical Competency Test, her having worked in the veterinary profession for three of the last five years, and her status as a Diplomate of the American College of Veterinary Pathologists, Dr. Gordon made a motion to grant her request. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Samuel Pinckney Christenberry, a 1985 graduate of Auburn University, College of Veterinary Medicine, for an exemption from re-taking the Clinical Competency Test. Based on his previously passing the National Board Exam, Clinical Competency Test, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinary Poultry Veterinarians, Dr. Gordon made a motion to grant his request. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the request of Dr. Mark W. Jackson, a 1987 graduate of the University of Wisconsin, College of Veterinary Medicine, for an exemption from re-taking the Clinical Competency Test. Based on his previously passing the National Board Exam, Clinical Competency Test, his having worked in the veterinary profession for three of the last five years, and his status as a Diplomate of the American College of Veterinarian Internal Medicine, Dr. Gordon made a motion to grant his request. Dr. Padgett seconded the motion. The motion passed unanimously.

Investigative Committee Reports

Report of Committee on Investigations No. 1.

97040-1-1  Dr. David B. Todd (Complaint of Mr. Elwood M. Wilcox) - Dismissed, no probable cause.

97044-1-1  Dr. Ray J. Randall (Complaint of Ms. Susan C. Smith) - Disciplinary Action. Letter of Caution.

97046-2-1  Dr. Richard Gregory Burkett (Complaint of North Carolina Veterinary Medical Board) - Continued.

Report of Committee on Investigations No. 7.

97007-1-7     Dr. John Anthony Stih (Complaint of Ms. Carol Reynolds) - Previous decision of the Committee to issue a Letter of Caution stands.

97024-1-7     Dr. Curt Locklear (Board Complaint) - Disciplinary Action. Letter of Reprimand. As part of the investigation the Committee determined that Dr. Todd Nibble should be sent a letter to cease and desist the unlicensed practice of veterinary medicine by Mr. Hearn.

97035-1-7     Dr. Mark Camacho (Complaint of Dr. Karen Jordan) - Dismissed, no probable cause.

97031-1-7     Dr. David Peterson (Complaint of Mr. Kevin Fitch) - Disciplinary Action. Letter of Caution.

97034-1-7     Dr. Donald G. Hoover (Complaint of Ms. Paula R. Burgess) - Disciplinary Action. Letter of Caution.

97043-1-7     Dr. S. J. Dalrymple (Complaint of Ms. Tonie Gibson) - Dismissed, no probable cause.

97028-3-7     Dr. Salli Sides Steward (Complaint of Dr. Lynn A. Reed) - Dismissed, no probable cause. Board to initiate a complaint against Dr. Reed.

97032-2-8     Dr. Kim Francine Krivit - North Star Equine (Complaint by the Board) - Reconsidered, Board to further investigate.

The next meeting of the Board will be held in its Raleigh office on January 30, 1998.

Dr. Gordon made a motion, concerning complaints, to send the rebuttal of the client back to the Doctor so the doctor may respond. The motion was seconded by Dr. Padgett. After discussion the Executive Director is to implement a procedure to handle this concern.

On a motion by Dr. Padgett, seconded by Dr. Gordon, the Board approved the actual expenses for this meeting. As part of this motion the Board also tentatively approved the actual expenses for Board meeting held during calendar year 1998, however, this approval is subject to review and possible withdrawal at each meeting.

The meeting was adjourned on a motion by Dr. Gordon and seconded by Dr. Lewis at 5:20 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

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