WWW.ALIGUS.COM

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

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

 

2001 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


January 10 , 2001, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


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

The Executive Director read the minutes of the November 2, 2000, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Marshall, the minutes were approved as corrected.

The Board reviewed the the draft of a letter to Mr. John Brochu prepared by the Executive Director.  After receiving his reply the Executive Director is to follow-up with the veterinarians that are supervising Mr. Brochu and request a status report from them as well.

The Board approved the response, prepared by the Executive Director, to the letter from Mr. Christopher W. Lloyd, President & Chief Operation Officer, of PetMed Express concerning Carteret Animal Hospital.

The Board reviewed the draft of a letter to Susan B. Tuman, President for the Board, of Operation Topcat, prepared by the Executive Director.  The Board directed the Executive Director ti include a request for information on their trap, neuter, and release protocols.  Ms. Tuman should also be informed that the Board requests at least a 30-day notification of all future events and that an observer or compliance officer of the Board may wish to attend.  The Board will require approval of each specific event.

The Board requested that the Executive Director include the questions on the initial application for licensure on the veterinary and technician renewal form.

The Board continued its discussion from its last meeting of boarding, animal shelters and Humane Societies.

The regular meeting of the Board adjourned at 9:40 A.M. for a ten-minute break.

The regular meeting of the Board reconvened at 9:50 A.M.

The Board recognized Dr. Fred Faragalla.  He expressed his dissatisfaction with the Board's previous decision regarding veterinary equine dentistry.  He also discussed with the Board the proposal of the Board of Directors of the American Veterinary Dental College to facilitate the establishment of an Academy of Veterinary Dental Technicians.  Dr. Faragalla also distributed copies of an article he contributed to the Journal of Veterinary Dentistry.  Dr. Faragalla left the meeting at 10:10 a.m.

Dr. Gordon reported on the feedback he has received from the November 2000, President's letter.  He has also asked Dr. Dennis Wages to present information about professional impairment at the next Board meeting.  If Dr. Wages is unable to attend, a suitable representative will attend in his place.  Dr. Gordon also reported on the progress of the Legislative Committee and the drafting of revisions to the Veterinary Practice Act.

Mr. Hearn reported that Friends of the Court briefs will be filed by other Occupational Licensing Boards in response to the Mr. Karen Keltz case by the end of the month.  Mr. Hearn also reported on the current Per Diem allowance allowed by Statute.  He will be preparing a deadline schedule of Committee Letters for the approval of Dr. Gordon.

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

Report of Committee on Investigations No. 1.

00006-1-1   Dr. Dana Jones and Dr. Kevin Monce (Complaint of Ms. Nancy and Edna Deas) - Continued.

00048-2-1   Dr. Kevin Monce (Complaint by the Board) - Continued.

00038-1-1   Dr. Karen Marie Bulluck (Complaint of Dr. James R. Davidson) - Withdrawn at the request of Dr. Davidson.

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

Report of Committee on Investigations No. 2.

00040-1-2   Dr. Mitchell K. Barnes, (Complaint of Mr. Carl Richter) - Dismissed, no probable cause.

Dr. Padgett made a motion to approve the Committee on Investigations Number 2 report.  Dr. Brooks seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

00035-1-7   Dr. Don H. Gwynn and Dr. David Alan Conde, (Complaint of Ms. Bonnie Poythress) - Disciplinary action - Letter of Caution.

00047-1-7   Dr. Randolph William Wetzel, (Complaint of Ms. Catherine McMurray) - Disciplinary Action, Letter of Reprimand.

00044-1-7   Dr. Dennis L. Jackson, (Complaint of Ms. Linda R. White) - Disciplinary action - Letter of Caution.

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

The regular meeting of the Board adjourned at 12:30 P.M. for a ten-minute break.

The regular meeting of the Board reconvened at 12:40 P.M..

Dr. Justus made a motion to allow Dr. Ernest L. Forbes an extension until December 31, 2001, to earn his required continuing education.  The basis for the motion is Dr. Forbes' being diagnosed with multiple myeloma.  Dr. Lewis seconded the motion. The motion passed unanimously.

Dr. Padgett made a motion to accept the application for veterinary license from Dr.. Mary T. Schenk.  Dr. Lewis seconded the motion.   The motion passed unanimously.

The Board directed the Executive Director to send to any practice in which an inspection reports indicates that caps and gowns are not used for invasive abdominal surgeries, a letter explaining the current standard of care is not being met.

The Board worked on a draft policy to adjudicate cases involving impairment.  The Board will continue the development of this policy at its next meeting.

The Board directed the Executive Director to initiate a Board complaint in all cases in which it is determined that the practice of veterinary medicine appears to be taking place in a facility that has not been inspected. The Board directed the Executive Director to initiate a Board complaint against Scott Line, D.V.M. for his possible unlicensed practice of veterinary medicine from a facility that has not been inspected by the Board.

The Board reviewed the earlier information presented by Mr. Hearn concerning per diem.  No further action was taken.

The Board developed a job description for a Board investigator.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Justus and seconded by Dr. Padgett at 3:50 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


March 23, 2001, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Joseph Gordon, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:10 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall and Kenneth Padgett.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

The Executive Director read the minutes of the January 10, 2001, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Padgett, the minutes were approved as corrected.

The Board reviewed the impairment guidelines that were drafted at the last meeting.  Dr. Padgett made a motion to accept the guidelines.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board briefly discussed Dr. John Lemay and his rejection of the Letter of Reprimand issued concerning complaint number 00028-1-1 and Ms. Debbie Potter.  The Executive Director is to advise him of the consequences of an Administrative Hearing and the format of such a Hearing.  The Hearing panel will consist of Dr. Brooks, Dr. Lewis, Dr. Marshall and Dr. Padgett.  A Notice of Hearing will be sent to Dr. Lemay fifteen days prior to the Hearing.  May 1, 2001, will be the primary date for Hearing with May 8 and May 15, 2001, being backup days.

The Board reviewed the application forms that were presented at the last meeting.  The Board took no further action.

The Board reviewed the laws concerning who may administer rabies vaccines.

The Board reviewed with the Executive Director the status of hiring an investigator for the Board.

The Board reviewed the status of the Board initiated complaint filed against Dr. Scott William Line.  The Board took no further action.

The Board reviewed that status of Mr. John Brochu and his providing equine dentistry in conjunction with veterinarians in North Carolina.  The Board took no further actions.

Dr. Marshall discussed the registration of animal facilities that is required by the North Carolina Department of Agriculture & Consumer Services Veterinary Division.  Each year each facility is required to document the program for veterinary care. Dr. Marshall distributed a draft of the Annual Program of Veterinary Care form that must be completed by these facilities.  The Board made recommendations on how to enhance the form.

The regular meeting of the Board adjourned at 9:15 A.M. for a break so that Committee on Investigations Number 8 could meet.. 

The regular meeting of the Board reconvened at 9:50 A.M.

Dr. Gordon reported on the progress that Mr. Hearn has made on completing the Committee letters from January.

Dr. Gordon reported on his trip to the American Association of Veterinary State Boards' meeting in Florida.  He participated in the Task Force developing a Model Practice Act for Veterinary Medicine.

At 10:00 A.M. Michael W. Wilkerson, MD, Medical Director, for the North Carolina Physicians Health Program (NCPHP) appeared before the Board to discuss how their impaired practitioner program works.  Dr. Wilkerson left the meeting at 11:00 A.M.  The Board took no further action.

The regular meeting of the Board adjourned at 11:00 A.M. for a five-minute break.

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

The Board directed Mr. Hearn to prepare a fact analysis sheet of legislative events that will occur as the changes to the Veterinary Practice Act progress through the legislature.

Dr. Lewis made a motion to approve the remainder of the expenses not paid by the American Association of Veterinary State Boards' [sic] for Dr. Gordon to attend their meeting in February.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board discussed a veterinarian's responsibility in assuring a consulting veterinarians credentials are in order.  The Board determined that his is a possible topic for the next President's Letter.  The Board took no further action.

Dr. Lewis made a motion to pursue further discussions with North Carolina Physicians Health Program (NCPHP) and the development of a relationship with them to assist with impaired practitioners.  Dr. Justus seconded the motion.  The motion passed unanimously.

At 11:15 A.M., the Board recognized Dr. Fred Faragalla.  He informed the Board that the letter from L. P. Tate, Jr., V.M.D., on North Carolina State University, College of Veterinary Medicine Letterhead, concerning Mr. John Brochu, is not the position of the College of Veterinary Medicine.  Dr. Faragalla left the meeting at 11:20 A.M.

The Board directed a letter be sent to the Boards that submitted Friends of the Court Briefs, concerning the Karen Keltz case, thanking them for their support and assistance.

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

 Report of Committee on Investigations No. 1.

00006-1-1   Dr. Dana Jones and Dr. Kevin Monce, (Complaint of Ms. Nancy and Edna Deas) - Disciplinary action, Letter of Reprimand, both Doctors.  The Letter of Reprimand to Dr. Monce also includes a civil monetary penalty of $3,000.00..

00050-1-1   Dr. Timothy Jones and Dr. Robert Christian Ford, (Complaint by Ms. Judy Wilder) - Disciplinary action, Letter of Reprimand, both Doctors.

00052-1-1   Dr. Theresa Ann Wisk-Carroll, (Complaint of Mr. Jeffrey Gregory) - Dismissed, no probable cause.

00034-1-1   Dr. Ann Teresa Parker, Dr. Kelly Gourley Russell, and Dr. Elizabeth A. Gray, (Complaint of Mr. Fred Bost) - No response from Mr. Bost, dismissed, no probable cause.

00011-2-1   Ms. Donna F. Secrest, R.V.T., (Complaint by the Board) - Continued.

00045-5-1   Ms. Karen Lynn Hailey-Lacy, R.V.T., (Complaint by the Board) - Continued.

00048-2-1   Dr. Kevin Monce, (Complaint by the Board) - Continued.

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

Report of Committee on Investigations No. 7.

00042-1-7   Dr. Thomas George Pejsa, (Complaint of Ms. Kim Sweet) - Dismissed, no probable cause.

00036-1-7   Dr. Burton E. Anderson, (Complaint of Fran H. Twisdale, D.D.S.) - No response from Dr. Twisdale, disciplinary action, Letter of Caution.

00051-1-7   Dr. Claude S. Kidd and Dr. Tonya Sipe Boyd, (Complaint of Ms. Nancy G. Walters) - The portion of the complaint against Dr. Boyd is to be dismissed with a finding of no probable cause.   Dr. Kidd is to be disciplined with a Letter of Reprimand.

01001-1-7   Dr. Basil Otto Sharp, (Complaint of Ms. Julie A. Dugas) - Dismissed, no probable cause.

00049-1-7   Dr. Abby Lynn Sutton, (Complaint of Ms. Gayle Capotosti) - Continue.  The Executive Director is to seen letters to Dr. Kady Maughan Gjessing and Dr. William Herbert St. Lawrence informing them that they are now considered part of the complaint.  Pursuant to Administrative Rules they will have twenty days to respond to the complaint.

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

Report of Committee on Investigations No. 8.

01004-1-7   Dr. Deborah Kemp Stine (Complaint of The North Carolina Veterinary Medical Board) - Disciplinary action, Letter of Reprimand and civil monetary penalty of $600.00.

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

The regular meeting of the Board adjourned at 12:20 P.M. for a lunch.

The regular meeting of the Board reconvened at 12:55 P.M.

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

The board reviewed the letter from Arthur S. McMillan, D.V.M., concerning Tele-medicine and the supervision of a registered veterinary technician while a veterinarian is not on the premise with a camera.  Dr. Lewis made a motion to deny the request as it breached the standard of care.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed the request of Nancy and Edna Deas to appear before the full Board at its next meeting.  It was the consensus of the Board not to meet with Nancy and Edna Deas and to deny the request.

Dr. Gordon appointed Dr. Marshall to the Committee on Investigations Number 1.  Dr. Marshall is to replace Mrs. Jones.

The Board directed the Executive Director to write to Dr. Charles Loops and request clarification of the nature of his veterinary practice.

The Board received a report from the Legislative Committee and continued that Committee's work.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Justus and seconded by Dr. Padgett at 3:15 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


June 14, 2001, MINUTES
North Carolina Veterinary Medical Board, Asheville, North Carolina


President Joseph Gordon, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:33 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall, Kenneth Padgett.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present.

The Executive Director read the minutes of the March 23, 2001, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Padgett, the minutes were approved as corrected.

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

The Board reviewed the status of the rabies law in North Carolina.  Dr. Brooks made a motion that it be the opinion of the Board that Licensed Veterinarians, Limited Licensed Veterinarians, Faculty Certificates Veterinarians, Zoo Veterinarians, and veterinary temporary permit holders be allowed to administer rabies vaccines.  Dr. Lewis seconded the motion.   The motion passed with Dr. Justus and Dr. Padgett opposed.

The Board reviewed the information received concerning Operation TopCat.  Dr. Padgett made a motion to request Emma J. Lackey, D.V.M. to reply to the Board's letter of April 18, 2001.  As part of his motion Benjamin S. Turner, D.V.M. is to inspect and investigate Operation TopCat's handling, spaying and neutering of animals.  Dr. Justus seconded the motion.  The motion passed unanimously.

Benjamin S. Turner, D.V.M., Veterinary Practice Facility Inspector for the Board, joined the meeting at 9:30 a.m.  He reported on the issues he has identified as areas that need improvement or clarification.  He reported on the type of facility that is likely to have an inspection violation.  The Board directed Mr. Hearn to review the veterinary practice facility consent orders that are still in place.  The Board also discussed those facilities that have violations that are not corrected, or corrected but then regress to the point of again having violations.  Dr. Justus made a motion that these facilities be reinspected, and should there be violations, a Board initiated complaint be sent to the owner of the practice.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 9:20 A.M. for a five-minute break. 

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

The Board continued its discussion of veterinary practice facilities with Dr. Turner.  Dr. Marshall made a motion to adopt Dr. Turner's language concerning an exemption from inspection for mobile consultants.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Marshall made a motion to interpret 21 NCAC 66.0207(b)(15) as to include facilities that have made significant renovations or additions.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Dr. Turner further recommended that new facilities be inspected two to three months after the opening inspection.  Dr. Lewis made a motion that the Board adopt Dr. Turner's recommendation.  Dr. Padgett seconded the motion.  The motion passed unanimously.  Dr. Turner left the meeting at 11:55 a.m.

The Board discussed the use of the term, "Veterinary Technician."  Dr. Justus made a motion that the Board enforce the use of that term only by individuals who are registered with the Board.  During the course of a veterinary practice facility inspection should an individual be found to be using the term veterinary technician without being registered, it should be noted on the inspection form.  The Executive Director will then write to the owner of the facility and inform him or her of the requirements for the use of the term, veterinary technician.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from Kathleen J. Nazar, D.C. which was in response to the Board's letter concerning her performing veterinary orthopedic manipulation.  Dr. Marshall made a motion to inform her that veterinary orthopedic manipulation is allowed if prescribed in a veterianrian-client-patient-relationship under the direct supervision of a licensed veterinarian at an inspected veterinary practice facility.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the June 11, 2001, letter to the Board from Ms. Nancy and Edna Deas.  Any actin regarding the letter will be deferred until the final completion of all the cases involving Nancy and Edna Deas and there is no further recourse with the Board.

The Board reviewed the status on the hiring of an investigator for the Board.  The Board directed the Executive Director to proceed with hiring an employee and not contracting with a company.

As President for the Board, Dr. Gordon presented a list of possible items for the next President's letter.  The list included information on a veterinarian's responsibility when working with consultants, major facility renovations requiring a veterinary practice facility inspection, the use of the term, "Veterinary Technician," and revisions to the Veterinary Practice Act.

Mr. Hearn reported on the outcome of the Administrative Hearing with Dr. John Lemay.  He also reported on House Bill 772 and 1449.  He distributed a draft of the impairment guideline flowchart.

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

Dr. Justus made a motion to approve the purchase of a new laptop computer for the Board.  The purchase is not to exceed $2,500.00.  Dr. Padgett seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

00011-2-1   Ms. Donna F. Secrest, R.V.T., (Complaint by the Board) - Continued.

00046-2-1   Dr. Jonathan Kent-Kealii Stone, (Complaint by the Board) - Continued.

00045-5-1   Ms. Karen Lynn Hailey-Lacy, R.V.T., (Complaint by the Board) - Continued.

00048-2-1   Dr. Kevin Monce, (Complaint by the Board) - Probable cause for a hearing.  Notice of Hearing to be issued.

01003-1-1   Dr. Joni Lee Carson (Gnyp), (Complaint of Ms. Patty Poeth) - Disciplinary action, Letter of Caution.

01009-1-1   Dr. Ross Schaffer, (Complaint of Mr. & Mrs. Troy Lucas) - Dismissed, no probable cause.

01013-1-1   Dr. Joni Lee Carson (Gnyp), (Complaint of Mr. & Mrs. H. Shumpert) - Dismissed, no probable cause.

01006-1-1   Dr. F. K. Eiler and Marguerite Yates, R.V.T., (Complaint of Ms. Dianne G. Nickles) - Disciplinary action;  Letter of Caution to be sent to Dr. Eiler; Letters of Caution sent to Dr. Eiler's associated, provided that Kenneth Andrew Crawford, D.V.M. and Scott Will Berdeen, D.V.M. may reject these if they wish.  If they do so the Committee would conduct a formal investigation.  Probable cause for a hearing found against Ms. Yates.  A Notice of Hearing to be issued against her.

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

Report of Committee on Investigations No. 7.

00049-1-7   Dr. Abby Lynn Sutton, Dr. Kady Maughan Gjessing and Dr. William Herbert St. Lawrence, (Complaint of Ms. Gayle Capotosti) - The portion of the complaint against Dr. Sutton and Dr. St. Lawrence is dismissed with a finding of no probable cause.  Dr. Gjessing is to be issued a Letter of Reprimand.  A copy of the letter of disposition is to be mailed to the owner of the practice, James Jackson, D.V.M., expressing the concerns of the Committee.
01002-1-7   Dr. Kim J. Moore, (Complaint of Mr. Scott Chapman) - Disciplinary action, Letter of Caution.

01005-1-7   Dr. Ian Broadwell Mendoza and Dr. Paul G. Malocha, (Complaint of Ms. Lisa Quick) - Dismissed, no probable cause.

01010-1-7   Dr. James W. Eubanks and Dr. Elizabeth Gough Eubanks, (Complaint of Mr. & Mrs. Skip LaRose) - Dismissed, no probable cause.

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

Report of Committee on Investigations No. 8.

01014-2-7   Dr. Stanley Carmeon Corbin, (Complaint of the North Carolina Veterinary Medical Board) - Mr. Hearn is to inform Dr. Corbin that a corporation name is not a veterinary practice facility name approval and that his facility is not up to the standards of a small animal facility and he should cease and desist small animal medicine until such time that the facility passes an inspection of the Board.  Further, the case is continued until a review of his medical records by the Board.

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

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

Dr. Brooks made a motion to initiate a Board complaint against the veterinarian who, according to the Jacksonville Daily News, held a tomcat neuter clinic at Moore Stables.  Dr. Lewis seconded the motion.  The motion passed with Dr. Padgett abstaining.

The Board reviewed application for a veterinary license from Jeffrey Sands, D.V.M.  He has applied for licensure under G.S. 90-187.3(a1).  Pursuant to the Board minutes of June 16, 1999, the Executive Director is to schedule Dr. Sands to appear before the Board at its next meeting.

The Board reviewed the April 5, 2001, letter of Dr. Catherine J. Baty.  The Executive Director is to inform her that her residency, Board Certification, postdoctoral study, and fellowship qualify her as practicing under G.S. 90-187.3(2).

Dr. Padgett made a motion to approve the application for registration as a veterinary technician from Jonathan Scott Loftis.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the letter from the American Veterinary Medical Association (AVMA) regarding proposed changes to the Educational Commission for Foreign Veterinary Graduates program (ECFVG).  The Executive Director is to write to the AVMA and convey the Board's endorsement of the proposed changes to the program.  The letter should also thank the AVMA for their communication and solicitation for comments from the North Carolina Veterinary Medical Board.

The Board reviewed the letter from the AVMA concerning the American Association of Veterinary State Boards' model practice act.  The Executive Director is to inform the AVMA that the Board reviewed their letter.  No further action was taken.

The Board set tentative meeting dates of August 23 & 24, October 31 & November 1, January 10 & 11, March 21 &22, and June 19 & 20.

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

The Board reviewed the presentations and discussions in relevant committee meetings, with the North Carolina Veterinary Medical Association, attended by certain members of the Board.  The Board determined that by holding its June meeting in Asheville, at the Renaissance Hotel, it provided Board Members with communications, discussion and learning opportunities that did and will enable the Board to more effectively fulfill its responsibilities.  While the Board considers its office in Raleigh to be its regular and preferred meeting site, the Board determined that meetings in the same general locations where other veterinary professional groups are convening can be a communication resource for the Board.  Upon a motion by Dr. Lewis, seconded by Dr. Marshall, the Board approved the actual expenses incurred for travel, meals and lodging for Board Members, Executive Director and Board Attorney.

The meeting was adjourned by unanimous vote upon a motion by Dr. Justus and seconded by Padgett at 3:05 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


August 24, 2001, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Joseph Gordon, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:15 A.M.  In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall, and Kenneth Padgett. The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey were also present.  Members of the pubic in attendance were Ms. Nancy & Edna Deas.

The Executive Director read the minutes of the June 14, 2001, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Brooks, the minutes were approved as corrected.

The Board reviewed the lack of response of Mr. John Brochu to the Board's letters of inquiry.  Dr. Padgett made a motion to reconsider the motion of August 25, 2000, concerning equine dental services.  Dr. Justus seconded the motion.  The motion passed unanimously.  The motion of August 25, 2000, read as, "A veterinarian may provide equine dental services through the direct supervision of an individual who the veterinarian has determined is competent to assist the veterinarian in providing these services."  The motion of August 25, 2000, failed with all members of the Board opposed.  The Executive Director is to inform Mr. Brochu that the motion of August 25, 2000 was reconsidered and did not pass.

The Board reviewed the information from the last meeting concerning the veterinarian who, according to the Jacksonville Daily News, held a tomcat neuter clinic at Moore Stables.  Dr. Lewis made a motion to reconsider the motion made at the last meeting to initiate a Board complaint against the veterinarian in question.  Dr. Marshall seconded the motion.  The motion passed with Dr. Padgett abstaining.  Dr. Lewis made a motion not to initiate a complaint against the veterinarian in question, but to instead send a letter explaining the Administrative Rules concerning minimum facility and practice standards.  The motion passed with Dr. Brooks opposed and Dr. Padgett abstaining.

The Board discussed Dr. John Lemay and his failure to pay the Civil Monetary Penalty and recovery of costs.   Dr. Lewis made a motion to send him a letter requesting payment.  If he does not pay within ten days following the receipt of that letter, a notice of hearing is to be issued for a violation of the Board order.  Dr. Padgett seconded the motion.  The motion passed unanimously.

The Board reviewed that status on the hiring of an investigator for the Board.  The Board further redefined the roll and position of an investigator.  The Executive Director to proceed with filling the position.

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

The regular meeting of the Board reconvened at 9:37 A.M.

Dr. Gordon reported on his trip to Boston to attend the American Association of Veterinary State Boards' meeting.   No further action was taken.

The Board reviewed the status of the Practice Act Revisions.  No further action was taken.

Dr. Lewis made a motion to rescind the motion of the June meting to send Kathleen J. Nazar, D.C. a letter stating that veterinary orthopedic manipulation is allowed if prescribed in a veterinarian-client-patient-relationship under the direct supervision of a licensed veterinarian at an inspected veterinary practice facility.  A letter is to be sent to Dr. Nazar stating that the law does not permit veterinary orthopedic manipulation by anyone other than a licensed veterinarian.  Dr. Justus seconded the motion.  The motion passed unanimously.

Mr. Hearn reported that the Court of Appeals case of Ms. Karen Keltz is to be heard on Monday, August 27, 2001.

Mr. Hearn reported that House Bill 722 has passed and was signed by Governor Michael F. Easley on July 12, 2001.

Mr. Hearn discussed with the Board possible dates for administrative hearings.  The Board took no further action.

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

The regular meeting of the Board adjourned at 10:35 A.M. for a break.

The regular meeting of the Board reconvened at 10:47 A.M.

Report of Committee on Investigations No. 1.

00011-2-1   Mr. Donna F. Secrest, R.V.T., (Complaint by the Board) - Consent Order.

00046-2-1   Dr. Jonathan Kent-Kealii Stone, (Complaint by the Board) - Consent Order.

00045-5-1   Ms. Karen Lynn Hailey-Lacy, R.V.T., (Complaint by Jill K. Clark, D.V.M.) - Consent Order.

01011-1-1   Dr. George R. Silver, (Complaint by Mr. & Mrs. Glenwood R. Smith) - Dismissed, no probable cause.

01016-5-1   Ms. Marguerite Yates, R.V.T., (Complaint of Ms. Marjorie Waynick) - Probable cause for a hearing.  Notice of Hearing to be issued.

01003-1-1   Dr. Joni Lee Carson (Gnyp), (Complaint of Ms. Patty Poeth) - Reconsidered at the request of Ms. Poeth.  No change to previous decision a issue a Letter of Caution.

01018-1-1   Dr. Michael E. Sink and Dr. Diego Ignacio Munoz, (Complaint of Ms. Betty Robertson) - Dismissed, no probable cause.

01027-1-1   Dr. Rebecca Bradley Ferguson, (Complaint of Ms. Wanda M. Pollard) - Disciplinary action; Letter of Caution.

01021-1-1   Dr. Jeannine Michelle Hostetter, (Complaint of Ms. Nancy & Edna Deas) - Dismissed, no probable cause.

01022-5-1   Ms. Stephanie Ann Ross, R.V.T., (Complaint of Ms. Nancy & Edna Deas) - Dismissed, no probable cause.

01020-1-1   Dr. Wendy Alphin Jones, (Complaint of Ms. Nancy & Edna Deas) - Dismissed, no probable cause.

01025-1-1   Dr. Christa A. Gallagher, (Complaint of Ms. Shelly L. Brown) - Dismissed, no probable cause.

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

Report of Committee on Investigations No. 7.

01012-1-7     Dr. Christina Marie Boyd, (Complaint of Mr. & Mrs. Eric Bolden) - Disciplinary action, Letter of Caution

01015-1-7     Dr. Steven Joseph Farance, (Complaint by Ms. Jean Ingold) - Disciplinary action; Letter of Caution.

01017-1-7     Dr. Frederick J. Knowles, (Complaint of Mr. George Durham) - Disciplinary action, Letter of Reprimand.

01026-1-7     Dr. Claude S. Kidd and Dr. William H. White, (Complaint of Ms. & Mrs. Ronald Young) - Disciplinary actions, Letter of Reprimand and $1,000 civil monetary penalty against Dr. Kidd and a Letter of Caution against Dr. White.

01025-1-7     Dr. Michael J. Puckett, (Complaint of Ms. Ginger Roseman) - Dismissed, no probable cause.

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

The regular meeting of the Board adjourned at 12:20 P.M. for a break.

The regular meeting of the Board reconvened at 1:20 P.M.

Mr. Hearn spoke on behalf of the Committee on Investigations and the Board concerning complaint number 01022-5-1, filed by Ms. Nancy and Edna Deas against Stephanie Ann Ross, R.V.T.  The Committee cannot find an intentional misrepresentation by Ms. Ross and there is not ground for a disciplinary action.

Dr. Padgett made a motion to approve the application for licensure as a veterinarian from Jack E. Bonham, D.V.M.  Dr. Lewis seconded the motion.  The motion passed unanimously.

The Board reviewed the information concerning PetMed Express, a non-resident pharmacy providing prescriptions to North Carolina residents.  The Board took no further action.

The Board discussed VetSound, Inc., which is a business corporation that is not owned by a veterinarian, and its possible delivery of veterinary services.  Dr. Lewis is to investigate further and report back at the next Board meeting.

The Executive Director discussed records retention with the Board.  No further action was taken.

The Board discussed including a statement in the next President's letter about a mobile unit being a representation of the profession to the public.  No further action was taken.

The Board discussed developing a list of priorities for the revisions to the Veterinary Practice Act.  No further action was taken. 

The Board discussed the possibility of purchasing office space for the Board.  A meeting is to be scheduled with Mr. Franklin Freeman to further explore this possibility.

 The regular meeting of the Board adjourned at 2:20 P.M. for a break.

The regular meeting of the Board reconvened at 2:30 P.M.

The Board discussed General Statutes 44A, Statutory Liens and Charges and how they apply to the practice of veterinary medicine.  No further action was taken.

The Board discussed what appears to be the corporate ownership of veterinary practice facilities by non-veterinarians.  Mr. Hearn is to send a letter of inquiry to those veterinarians who appear to be in charge or owning facilities of this nature.

The Board discussed the possibility of send a letter to all veterinarians about the services of a consulting veterinarian and the veterinary-client-patient-relationship, the delivery of services to the public or another veterinarian, and the maintaining of medical records.  The letter could be part of the president's letter.  No further action was taken.

Dr. Marshall discussed with the Board the possibility of a joint letter with the Board and the Department of Agriculture concerning veterinary practice facilities that provide boarding.  No further action was taken.

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

The meeting was adjourned by unanimous vote upon a motion by Dr. Justus and seconded by Dr. Padgett at 3:30 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


November 1, 2001, MINUTES
North Carolina Veterinary Medical Board, Raleigh North Carolina


President Joseph Gordon, D.V.M., Called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:05 A.M.  Others In attendance were Board members Drs. David Brooks, Herbert Justus, Amy Lewis, David Marshall and Kenneth Padgett.  The Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey, were also present. Members of the public in attendance were Ms. Nancy & Edna Deas.

The Executive Director read the minutes of the August 24, 2001, meeting.  On a motion made by Dr. Lewis, seconded by Dr. Padgett, the minutes were approved as corrected.

Ms. Nancy & Edna Deas appeared before the Board at 8:30 a. mo. to present information on VetSound, Inc. and the delivery of veterinary services.  Their presentation ended at 9:10 a.m.

The Executive Director updated the Board on the status of the joint letter to veterinarians from the North Carolina Veterinary Medical Board and the North Carolina Department of Agriculture and Consumer Services.  Currently Board inspector, Benjamin S. Turner, D.V.M. and Carol G. Woodlief, D.V.M. are revising the letter.  The Board took no further action.

The Board reviewed a draft letter concerning the use of gowns, towels, drapes, gloves, caps and masks.  The Board requested that the letter be modified to reflect language that is more specific.  It is clearly the implication of 21 NCAC 66.0207(b)(9)(I) that gowns, towels, drapes, gloves, caps and masks be used.

The Board reviewed the draft letter concerning the use of the term, "veterinary technician."  On a motion by Dr. Marshall, seconded by Dr. Justus, the letter was approved as amended.

The regular meeting of the Board adjourned at 9:40 A.M. for a five-minute break.

The regular meeting of the Board reconvened at 9:50 A.M. 

Dr. Lewis made a motion to not raise the veterinary license renewal from $75.00 to $100.00.  Dr. Justus seconded the motion.  The motion passed unanimously.

Dr. Justus made a motion to enter into a closed session pursuant to G.S. § 143.318.11(a)(6), to consider the qualifications of Mr. Kenneth M. Wheeler for the new Board office position of investigator.  Dr. Padgett seconded the motion.  The motion passed unanimously.  At 9:55 a.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 10:30 A.M.

The Board discussed the September 4, 2001, letter from Charles E. Loops, D.V.M. concerning his delivery of veterinary services.  The Executive Director is to inform Dr. Loop of the practice facility name requirement, the requirements of a mobile practice facility, the definition of the veterinary-client-patient relationship, and inform him that an inspection of his facility is required.

The Committee on Investigations Number 8, practice facility inspections committee, reviewed the inspection of Yadkin Veterinary Hospital, owned by Roger R. Holt, D.V.M., with the Board.  It was the Committee's recommendation that Dr. Holt be given until December 15, 2001, to correct the violations of the minimum facility and practice standards identified during the inspection of August 30, 2001.  If the facility does not meet the standards at that time, it is to be closed.  Further, the consent order with Dr. Hold for this facility be terminated, based on a breach of item 10 of the consent order.  Dr. Brooks made a motion to accept the Committee's recommendations.  Dr. Marshall seconded the motion.  The motion passed unanimously.

Angela S. Waldorf, Esq., consultant with the North Carolina Department of Labor, Apprenticeship and Training Bureau, gave the Board a powerpoint presentation.  She discussed with the Board the possibility of utilizing apprenticeships to train veterinary technicians.   Individuals who complete the program would be eligible to sit for examination and become registered as a veterinary technician.

 The Board reviewed the consent order with M. W. Midyette, D.V.M. and his veterinary practice facility Bladen Animal Hospital.  The facility is to be reinspected by Dr. Turner.  Pictures of the items relating to the Consent Order should be taken during the inspection.  Following the inspection, the Executive Director is to write to Dr. Midyette and inform his that the Board is considering terminating the Consent Order.  Dr. Midyette should respond, in writing, within ten days of receiving the letter from the Board.  The Committee on Investigations No. 8 will review the response.  Dr. Brooks made this motion.  Dr. Marshall seconded the motion.  The motion passed unanimously.

The Board reviewed the consent order with James E. Brown, D.V.M. and his veterinary practice facility .  The facility is to be reinspected by Dr. Turner.  Pictures of the items relating to the Consent Order should be taken during the inspection.  Following the inspection, the Executive Director is to write to Dr. Brown and inform his that the Board is considering terminating the Consent Order.  Dr. Brown should respond, in writing, within ten days of receiving the letter from the Board.  The Committee on Investigations No. 8 will review the response.  Dr. Lewis made this motion.  Dr. Brooks seconded the motion.  The motion passed unanimously.

The regular meeting of the Board adjourned at 12:30 P.M. for lunch.

The regular meeting of the Board reconvened at 1:00 P.M.

Dr. Justus made a motion that the Legislative Committee, or member of, meet with the North Carolina Veterinary Medical Association Legislative Committee to discuss revisions to the veterinary practice act.  Dr. Padgett seconded the motion.  The motion passes unanimously.

 The Board discussed possible content of the next President's letter.  Possible topics included the use of caps, masks and gowns, the art of the physical exam, credentials of consultants, medical records and how mobile units reflect the veterinary profession.  It was the consensus of the Board to send two letters in the same manner as last year.  The first will be a short two-page letter sent in a separate mailing and the second will be sent with the renewal forms and will contain a summary of the last year's complaints.  No further actions was taken.  The Executive Director is to contact the Ontario Veterinary Licensing Board for information on their voluntary medical record review panel.

Dr. Lewis made a motion to enter into a closed session pursuant to G.S. § 143.318.11(a)(6), to discuss a suit filed against the Board by Ms. Karen Keltz.  Dr. Padgett seconded the motion..  The motion passed unanimously.  At 1:20 p.m., the Board entered into closed session.

The regular session of the Board Meeting reconvened at 1:30 p.m.

The Executive Director reported on the letter to Mr. John Brochu that was sent October 23, 2001.  No further action was taken.

The Executive Director reported on the letter to Kathleen J. Nazar, D.C. that was sent on October 23, 2001.  No further action was taken.

The Executive Director distributed a copy of the letter received on October 31, 2001, from Annie Moore, Office Manage of Coastal Cat Clinic.  The Executive Director is to acknowledge the receipt of the letter.  No further action was taken.

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

Report of Committee on Investigations No. 1.

01023-2-1  Dr. Kevin Monce, (Complaint of the Board) - Disciplinary action; Letter of Caution.

01030-1-1  Dr. E. Max Sink, Dr. Tonya Lin Tanner, (Complaint by Mr. Harold Haddock) - Dismissed, no probable cause.

01033-1-1  Dr. James G. Schmunk, (Complaint by Mr. & Mrs. Wesley Davis) - Disciplinary action; Letter of Reprimand.

01039-1-1  Ms. Juliane Reed, R.V.T., (Complaint by the Board) - Disciplinary action; Letter of Reprimand.

01035-1-1  Dr. Jeffrey Todd Denny, (Complaint of Ms. Lesa Hicks and Ms. Kelly Reynerson) - Continued.

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

Report of Committee on Investigations No. 7.

01028-1-7   Dr. Ronald C. Myres and Dr. Barbara Jo Pepin, (Complaint of Ms. Patricia Zumkehr) - Dismissed, no probable cause.

01008-1-7   Dr. Thomas Charles Schell, (Complaint of Dr. & Mrs. Tomas Vybiral)  - No response from client, dismissed, no probable cause.

01024-1-7   Dr. Jeffrey A. LaCroix, (Complaint of Mr. Harold Hancock)  - Dismissed, no probable cause. 

01032-1-7   Dr. Roy Douglas Cope, Jr., (Complaint of Ms. Lea Ann Hamilton)  - Disciplinary action, Letter of Caution.

01031-1-7   Dr. Margaret Pressley, (Complaint of Ms. Carol Morgan)  - Dismissed, no probable cause. 

01036-1-7   Dr. Sandra Jean McAvoy, (Complaint of Ms. Mary Mataro)  - Disciplinary action, Letter of Caution.

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

The Board discussed Vetsound, Inc. and the delivery of veterinary services.  No further action was taken.

Dr. Justus made a motion to enter into a closed session pursuant to G.S. § 143.318.11(a)(6), to consider the qualifications of Mr. Terry M. Newell for the new Board office position of investigator.  Dr. Padgett seconded the motion.  The motion passed unanimously. At 3:10 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 3:45 P.M.

Dr. Jeffrey Sands appeared before the Board at 3:50 p.m. to request a veterinary license pursuant to General Statute 90-187.3(a1).  He presented the Board with an additional affidavit.  The Board informed Dr.  Sands that he still needs to provide the Board with one more affidavit.  Following the receipt of that affidavit, the Board will reconsider his application.  No further action was taken.  Dr. Sands left the meeting at 4:05 p.m. 

The Board continued discussed Vetsound, Inc. and the delivery of veterinary services.  The Board took no further action.

The Board discussed the proposal made by Angela S. Waldorf, Esq.  While the Board was of the opinion that an apprenticeship program could be a way to further enhance the veterinary profession, it could not be used as a method of training that would allow for the registration as a veterinary technician.  The Board would not be opposed to using an apprenticeship program to train veterinary assistants.

The Board discussed Swine Veterinary Services, a veterinary practice of Fred L. Cunningham, D.V.M.  The Board determined that a veterinarian-client-patient relationship exists and that the facility should be inspected as it has in the past.

The Board reviewed the request of the continuing education request from Kristen Lynn Hibbetts, D.V.M.  She has requested seven hours of continuing education credit for critical care review sessions that she has been attending under the guidance of Dr. Bernie Hansen at North Carolina State University, College of Veterinary Medicine.  Dr. Lewis made a motion to approve the request.  Dr. Padgett seconded the motion. The motion passed unanimously.

The Board discussed a letter received from R. L. Adams, Esq. and a stack of business cards he saw at Cowboy Cove Western Store and Arena in Linden, North Carolina.  He provided a copy of one for the Board's review.  The card said, "Doug Van Cleave - Equine Dentist."  The Board directed the Executive Director to send Mr. Van Cleave an information letter stating that equine dentistry is considered the practice of veterinary medicine in North Carolina.

As part of the decision of the Administrative Hearing against Dr. Lemay, he was required to submit ten medical records, quarterly for review by the Board.  The Board reviewed those records and directed the Executive Director to request that Dr. Lemay submit current records of current cases. These records will be reviewed by the Committee on Investigations Number 7.

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

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

Respectfully Submitted,
Thomas M. Mickey
Executive Director

 

 

More NCVMB Minutes
 


Top of Page


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


TERMS OF USE

|
|
|
|
|