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

 

2005 Minutes of the North Carolina Veterinary Medical Board
See also: more Information About the NCVMB


January 14, 2005 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Herbert Justus, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:30 A.M.  In attendance were Board members Drs. Linwood Jernigan, Amy Lewis, David Marshall, Richard Hawkins, Kenneth Padgett, Mrs. Nancy Robinson, R.V.T., and Ms. Amy Edwards.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

The Board discussed a proposed amendment to 21 NCAC 66.0207(b)(10) for the purposes of clarifying the requirements regarding the capability of a facility to perform certain laboratory tests.

The meeting of the Board adjourned at 9:45 a.m. for a ten-minute break, and reconvened at 9:55 a.m.

The Executive Director read the minutes of the November 4, 2004, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Hawkins, the minutes were approved as corrected.

Dr. Marshall made a motion to restructure two Committees on Investigation by replacing Dr. Justus with Ms. Edwards on Committee No. 1, and by replacing Dr. Justus with Dr. Hawkins on Committee 8. Committee No. 1 (Dr. Justus, Dr. Marshall and Dr. Jernigan) will complete the cases assigned to it as of January 14, 2005. The newly formed Committee (Dr. Marshall, Dr. Jernigan and Ms. Edwards) will be designated as Committee on Investigations No. 2. Committee 8 has no cases pending as of January 14, 2005, and will not be renumbered. Committee No. 8 will now consist of Dr. Lewis, Dr. Padgett and Dr. Hawkins. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board continued its discussion and review of proposed amendments to 21 NCAC 66.0207(b)(10).

At 10:15 a.m. Christopher George Spooner, DVM, Jonathan Brent Scarlett, DVM and Heidi Friedlein Hart, DVM jointed the meeting to express their concerns over non-veterinarians diagnosing pregnancy in cattle at livestock markets in this State. Following their presentations, they left the meeting at 10:55 a.m. Their comments (and Dr. Scarlett's letter of January 6, 2005) were considered as part of the Board's review of the November 17, 2004, letter to the Board from Richard D. Kirkman, DVM, expressing similar concerns. Following discussion, Dr. Marshall made a motion that the Board make a formal interpretation that the diagnosing of the physical condition of pregnancy in cattle is the practice of veterinary medicine under the Veterinary Practice Act, and as such is restricted to veterinarians. The motion included the further provision that a letter to Dr. Kirkman expressing this interpretation be sent to livestock markets and individuals that would be impacted by this interpretation. Dr. Jernigan seconded the motion. The motion passes unanimously.

At 11:00 a.m. Warren Pendergast, M.D., Medical Director, and George Scontsas, MD, Associate Medical Director, of the North Carolina Physicians Health Program (NCPHP), jointed the meeting. The Board discussed and reviewed the first year of the Impairment Program and Dr. Pendergast and Dr. Scontsas reported on accomplishments made. Mr. Hearn reviewed the Agreement between NCPHP and the Board. Dr. Pendergast and Dr. Scontsas left the meeting at 11:45 a.m. Dr. Marshall made a motion to renew the Agreement with NCPHP for one year, beginning on February 1, 2005. Dr. Hawkins seconded the motion. The motion passed unanimously.

Following a review of a final draft prepared by Mr. Hearn, Dr. Jernigan made a motion to approve an amendment to 21 NCAC 66.0207(10) and initiate rule-making proceedings. Dr. Hawkins seconded the motion. The motion passed unanimously.

The Board Investigator presented a report on his activities. No further action was taken.

The Executive Director reported on activities of the Board office since the last meeting. 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. Padgett seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

04028-1-1   William T. Dawkins, DVM (Complaint by Mr. James A. Beaty, Jr.) - Continued.

04046-2-1   Lynn McElroy Roberrts, DVM (Complaint by the Board) - Withdrawn.

04035-1-1   Martina Gratzl Midkiff, DVM and Christa A. Gallagher, DVM (Complaint by Mr. Eric Fredrickson and Ms. Beverly Ramsey) - Dismissed, no probable cause.

04042-1-1   Shaylene Michelle Snyder, DVM (Complaint by William Ezra Rodgers, III,DVM) - Continued.

04030-1-1   Michael John Thomann, DVM (Complaint by Ms. Kyra Clements) - Dismissed, no probable cause.

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

Report of Committee on Investigations No. 7.

04025-1-7   Jack V. Hill, DVM (Complaint of Ms. Patricia A. Lambert) - Dismissed, no probable cause. 

04031-1-7  Celia Ester Feiler, DVM (Complaint of Ms. Ann Sparks and Ms. Judith Needle) - Dismissed, no probable cause.

04036-1-7   Jonathan Clark Pernell, DVM (Complaint of Ms. Tina M. Scott) - Dismissed, no probable cause.

04053-2-7   Michele J. Ewing, DVM and Bruce Tarkinton, DVM (Board initiated Complaint) - The portion of the complaint against Dr. Tarkington is dismissed. Dr. Ewing is to receive a disciplinary action, Letter of Reprimand, $500.00 civil monetary penalty, and 20 additional hours of continuing education.

The Board discussed previous disciplines issued against the owner of a practice when a veterinarian employee practices veterinary medicine without a current license and when the owner has no actual knowledge that the employee had not renewed his or her veterinary license. The Board discussed issues relating to practice owners, as individual, partnerships or corporations. Following discussion Committee No. 7 recommended to the Board that the disciplinary decisions of November 4, 2004, against Fernando Cardenas, DVM, complaint no. 04047-2-7, and Benjamin L. Jones, DVM, complaint no. 04040-2-1, be dismissed.

For clarification on the grounds of the civil monetary penalties issued at the last meeting for complaints 04034-2-8, 04037-2-7, 04047-2-7 and 04040-2-7, the Committees No. 8 and 7, respectively, recommended factors in G.S. 90-197.8(b)(2), [duration and gravity of the violation] and G.S. 90-187.8(b)(6) [whether and the extent to which the licensee profited by the violation.

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

Report of Committee on Investigations No. 8.

04048-2-8  Kristine A. Woodaman, DVM (Board initiated complaint) - Disciplinary action, Letter of Reprimand, $500.00 civil monetary penalty, and 20 additional hours of continuing education.

04052-2-8 Richard E. Keeton, DVM (Board initiated complaint) - Disciplinary action, Letter of Reprimand, $500.00 civil monetary penalty, and 20 additional hours of continuing education.

04049-2-8  Scott E. McDonald, DVM (Board initiated complaint) - Disciplinary action, Letter of Reprimand, $500.00 civil monetary penalty, and 20 additional hours of continuing education.

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

Dr. Jernigan made a motion to grant Charles M. Coats, DVM an extension, pursuant to 21 NCAC 66.0206(3) until July 31, 2005, to earn his required continuing education. Dr. Lewis seconded the motion. The motion passed unanimously.

The Board reviewed the change to the business standard mileage rate set by the Internal Revenue Service. Dr. Jernigan made a motion to change the reimbursement rate to 40.5 cents per mile to conform to the new Internal Revenue Service rate. Ms. Edwards seconded the motion. The motion passed unanimously.

The Board reviewed the request from Jennifer Haugland, DVM, for an exemption from the licensing requirements for a veterinary license and to be allowed to sit for the State Licensing Examination. Dr. Jernigan made a motion to send her a letter stating that is was not within the authority of the Board to make such an exemption. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board discussed Pet-Vac Express, owned by non-veterinarian Judy Tabor, of 3620 Pelham Road #303, Greenville, South Carolina, 29515. The Board has received information that Pet-Vac Express has advertised and performed vaccination services on animals and sold veterinary medicines in parts of western North Carolina. Dr. Jernigan made a motion to send a cease and desist letter to Ms. Tabor and initiate a complaint against any veterinarians aiding and abetting the unlicensed practice of veterinary medicine. Dr. Lewis seconded the motion.

The Board reviewed the January 13, 2005, letter from Cathleen M. Moran, D.V.M. and George R. Silver, D.V.M. concerning after hours emergency services in Goldsboro, North Carolina. From the information available the Board determined that their proposal to refer emergencies to NCSU CVM Veterinary Teaching Hospital did not meet the after hours emergency services requirement of 21 NCAC 66.0207(b)(19)(C), a facility located in the same general community, area or region served by the primary facility.

The Long Range Planning Committee presented a brief report on their progress. No further action was taken.

Ms. Robinson made a motion to enter into a closed session pursuant to G.S. § 143-318.11(a)(5), to discuss current and future employment compensation of Board staff. Mrs. Edwards seconded the motion. The motion passed unanimously. At 2:19 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 3:13 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 by unanimous vote upon a motion by Dr. Padgett and seconded by Ms. Robinson at 3:39 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


April 8 . 2005, MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina


President Herbert Justus, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:00 A.M.  In attendance were Board members Drs. Linwood Jernigan, Amy Lewis, David Marshall, Richard Hawkins, Kenneth Padgett, Mrs. Nancy Robinson, R.V.T., and Ms. Amy Edwards.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

The Executive Director read the minutes of the November 4, 2004, meeting.  On a motion made by Dr. Padgett, seconded by Dr. Hawkins, the minutes were approved as corrected.

Dr. Lewis made a motion to rescind the Board's January 14, 2005 decision to restructure two Committees on Investigation. Dr. Padgett seconded the motion. Following discussion the motion passed unanimously.

Dr. Justus appointed Ms. Edwards to replace him on the Committee on Investigations No. 1 and that this new Committee be referred to as Committee No. 2. Dr. Justus also appointed Dr. Hawkins to replace him on the Committee on Investigations No. 8. Dr. Hawkins is to Chair that Committee.

Dr. Lewis made a motion to reconsider the Board's decision on Board initiated complaint no. 04053-2-7 against Michele J. Ewing. DM and Truce Tarkington, DVM, approved at the January Board meeting. Dr. Padgett seconded the motion. The motion passed unanimously.

Following discussion, Dr. Jernigan moved to adopt the Committee's previous recommendation in Board initiated complaint no. 04053-2-7. The Committee's original recommendation is readopted that the portion of the complaint against Dr. Tarkington is dismissed and that Dr. Ewing receives a letter of reprimand and a $500.000 civil monetary penalty and 20 additional required hours of continuing education. Dr. Lewis seconded the motion. It is recommended that the civil monetary penalty be based upon the duration and gravity of the violation [G.S. 90-197.8(b)(2), and the fact that the licensee profited by the violation [G.S. 90-187.8(b)(6)]. The motion passed unanimously with Dr. Hawkins abstaining.

Dr. Jernigan made a motion to enter into a closed session pursuant to G.S. § 143-318.11(a)(5), to discuss current and future employment compensation of Board staff. Mrs. Robinson seconded the motion. The motion passed unanimously. At 9:20 a.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 9:30 a.m.

The meeting of the Board adjourned at 9:30 a.m.., for a five-minute break, and reconvened at 9:35 a.m.

At 9:35 a.m. Steven R. Cobb, D.V.M. appeared before the Board to discuss the relationship between the Piedmont Community Spay, Neuter & Wellness Clinic and the Guilford County Humane Society in Greensboro. Dr. Cobb left the meeting at 10:10 a.m.

Dr. Jernigan reported on the meeting he and Dr. Marshall had with Richard Mansmann, D.V.M., from the North Carolina State University College of Veterinary Medicine concerning equine massage. No further action was taken.

Dr. Jernigan reported on his presentation to the Large Animal Issues Dinner on March 29, 2005. No further action was taken.

At 10:30 a.m. Warren Pendergast, MD, Medical Director, of the North Carolina Physicians Health Program (NCPHP), joined the meeting. He presented the 2005 action plan of NCPHP to educate the veterinarians and registered veterinary technicians of North Carolina about issues relating to impairment and the Impairment Program. Dr. Pendergast left the meeting at 10:50 a.m. No further action was taken.

The Board Investigator presented a report on his activities. No further action was taken.

The Executive Director reported on activities of the Board office since the last meeting. 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. Padgett seconded the motion.  The motion passed unanimously.

The meeting of the Board adjourned at 11:02 a.m., for a five-minute break, and reconvened at 11:10 a.m.

Report of Committee on Investigations No. 1.

04042-1-1   Shaylene Michelle Snyder, DVM (Complaint by William Ezra Rodgers, III, D.V.M.) - Dismissed, no probable cause.

04056-3-1   William Ezra Rodgers, III, DVM (Complaint by Gerald Bruce Dienhart, DVM) - Dismissed, no probable cause. The Committee recommended that a Board initiated complaint be initiated against Dr. Rodgers for apparent violations of the Veterinary Practice Act involving practice in an uninspected facility.

04055-2-1  James G. Mackie, Jr., DVM (Complaint by Mrs. William Arnold) - Continued.

04044-1-1  Bobbie Jo Girth, DVM and Ivy Okay Heath, DVM (Complaint by Ms. Torahs J. Miller) - The portion of the complaint against Dr. Girth is dismissed, with a finding of no probable cause. Dr. Heath is to receive a Letter of Caution.

04050-1-1 Raymond M. Morrison, DVM and Jenifer Hope Geisler, DVM (Complaint by Mr. E. Vernon Ferrell, Jr.) - Continued.

04062-1-1  Kevin Thomas Concannon, DVM and Paul Martin Manino, DVM (Complaint by Ms. Robin Dunbar) - The portion of the complain against Dr. Concannon is dismissed with a finding of no probable cause. Dr. Manino is to receive a Letter of Caution. Because of the discussion of this case, the Board voted on this case independently of the other Committee No. 1 cases. The Board voted to approve the Committee's recommendation with Dr. Justus, Dr. Marshall, Dr. Padgett, Dr. Jernigan and Ms. Edwards voting for the recommendation and Mrs. Robinson, Dr. Hawkins and Dr. Lewis voting against the recommendation.

04061-1-1  Susan Ries Valashinas, DVM and Charles E. Franlkin, DVM (Complaint by Ms. Sadena L. Corbin) - the portion of the complaint against Dr. Valashinas is dismissed, with a find of no probable cause. Dr. Franklin is to receive a Letter of Caution.

04028-1-1  William T. Dawkins, DVM (Complaint by Jr. James A. Beaty, Jr.) - Disciplinary action - Letter of Caution.

04059-1-1  Christopher Dunn Meyer, DVM (Complaint by Ms. Wendy Young) - Continued.

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

The meeting of the Board Adjourned at 12:10 p.m.

The regular meeting of the Board reconvened at 12:45 a.m. [sic]

Report of Committee on Investigations No. 2.

05001-1-2   Diane Wilhalf, DVM and Sally Jane Moore, DVM (Complaint of Mr. and Mrs. Kenneth Reig) Dismissed, no probable cause. 

05009-1-2   William H. Burroughs, DVM (Complaint of Ms. Janet P. Darling) - Disciplinary action, Letter of Reprimand and $250.00 Civil Monetary Penalty is a finding of factors in G.S. 90-187.8(b)(4), [fraud or deception].

05003-1-2   Marc T. Schoenfield, DVM and Margaret S. Wright, DVM (Complaint of Ms. Bonnie S. Shields) - Dismissed, no probable cause.

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

At 1:10 p.m., Cathleen M. Moran, DVM, H. L. Whitley, Jr., DVM, Terence G. Frazure, DVM, and George R. Silver, DVM joined the meeting to discuss after hours emergency services in Goldsboro, North Carolina. Following their presentation to the Board, they left the meeting at 1:35 p.m.

Dr. Marshall made a motion to allow the veterinary practice facilities represented by Drs. Moran, Whitley, Frazure and Silvers to send their after hours emergencies, starting at 10:00 p.m., to the North Carolina State University College of Veterinary Medicine, Veterinary Teaching Hospital. Dr. Jernigan seconded the motion. The motion passed unanimously.

Report of Committee on Investigations No. 7.

04045-2-7  Larry K. Watts, DVM (Complaint by the Board) - The Committee reconsidered its previous decision to issue a Letter of Reprimand and Civil Monetary Penalty. The Committee recommends that a Letter of Caution be issued instead. The Board will initiate a complaint on the facts of the complaint against the former co-owner of the practice, James P. Cartner, D.V.M.

04039-1-7  John Patrick Galligan, DVM (Complaint of Ms. Debra M. Green) - Dismissed, no probable cause.

04033-1-7  Diane Whittier Dudley, DVM (Complaint of Mr. and Mrs. Bill Holder) - Dismissed, no probable cause.

04027-1-7  Harold M. Mauldin, Jr., DVM (Complaint of Mr. and Mrs. Joseph Bateman) - Disciplinary action - Letter of Caution.

04058-1-7  Mary Louise James, DVM (Complaint of Ms. Danielle Rian) - Disciplinary action - Letter of Caution.

04021-1-7  Gregory K. Hedrick, DVM (Complaint by the Board) - Disciplinary action - Letter of Reprimand and $500.00 civil monetary penalty. The grounds for the Civil Monetary Penalty are factors in G.S. 90-187.8(b)(2), [duration and gravity of the violation] and 90-187(b)(6), [licensee profited by the violation].

04060-1-7 Christine Lewis Duke, DVM (Complaint by Ms. Julie A. Foxworth) - Dismissed, no probable cause. The Board will initiate a complaint on these facts against Dr. Thomas Kuhn.

04054-1-7 Jessa Jo Ovitt, DVM (Complaint by Mr. and Mrs. James Welch) - Dismissed, no probable cause.

05004-1-7 Randolph William Wetzel (Complaint by Mr. and Mrs. Gary Caton) - Dismissed, no probable cause.

Dr. Marshall made a motion to approve the Committee on Investigations Number 7 report.  Dr. Hawkins seconded the motion.  The motion passed unanimously, with Dr. Jernigan excusing himself from voting on complaint no. 04027-1-7.

Report of Committee on Investigations No. 8.

02054-2-8  Robert Jeffrey Krawcczyk, DVM and Jeffrey D. Courville, DVM (Complaint of the Board) - The Committee reconsidered its previous decision to issue a letter of reprimand. Following the reconsideration the Committee recommended that a letter of caution be issued.

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

Dr. Lewis made a motion to send Dr. Cobb a letter stating that the issues he has raised are not within the jurisdiction of the Board. Dr. Hawkins seconded the motion. The motion passed unanimously.

The meeting of the Board adjourned at 2:35 p.m. for a ten-minute break, and reconvened at 2:45 p.m.

The Board reviewed the Statement of Economic Interest for Dr. Hawkins that was received from the North Carolina Board of Ethics. No further action was taken.

The Board reviewed the letter from Ms. Patricia C. Farr concerning her treatment at the Wilmington Animal Emergency Clinic. Dr. Lewis made a motion that a letter be sent to Ms. Farr about the veterinarian in charge of the facility and discussing the Board's formal complaint process. Dr. Padgett seconded the motion. The motion passed unanimously.

The Board reviewed the material received from Tiffany Christensen and Chris Wend about, "Happy at Home Pet Hospice and Home Health Care." The Board directed that a letter be sent requesting them to disclose the names of the veterinarians that they have a relationship with. Upon receipt of that information, the Executive Director is to determine whether the relationship conforms to the Veterinary Practice Act. They will also be asked to appear before the Board before a decision regarding their request will be rendered.

Dr. Padgett made a motion to grant John R. Puette, DVM a 6-month extension on earning his 20 hours of continuing education for 2005. Mrs. Robinson seconded the motion. The motion passed unanimously.

Dr. Lewis made a motion to grant Ms. Diana Clark an extension until June 30, 2005. on earning her 12 hours of continuing education for 2005. Dr. Hawkins seconded the motion. The motion passed unanimously.

The Board reviewed the letter from Robert Messenger, DVM concerning registered veterinary technicians providing emergency care until a veterinarian can reach the premise. A letter is to be sent to Dr. Messenger stating that as it stands today the Veterinary Practice Act does not allow a technician to work without supervision

Dr. Jernigan made a motion to approve the 2005-2006 contract for the North American Veterinary Licensing Examination with the National Board of Veterinary Medical Examiners. Dr. Hawkins seconded the motion. The motion passed unanimously.

Dr. Jernigan made a motion to approve the request from Scott E. McDonald, DVM for a 30-day extension on the additional continuing education as required as part of his discipline for complaint no. 04049-2-8. Dr. Lewis seconded the motion. The motion passed unanimously.

The Long Range Planning Committee presented a brief report on their progress. The Committee requested that Dr. Jernigan chair a Committee that would review the Veterinary Practice Act.

Dr. Hawkins made a motion to have a high-speed Internet access installed in the Board office. Dr. Lewis seconded the motion. The motion passed unanimously.

Dr. Justus appointed a Nominating Committee consisting of Dr. Hawkins, Dr. Jernigan and Mrs. Robinson. The Committee is to recommend a slate of officers at the next Board meeting.

Dr. Jernigan made a motion to enter into a closed session pursuant to G.S. § 143-318.11(a)(5), to discuss current and future employment compensation of Board staff. Dr. Padgett seconded the motion. The motion passed unanimously. At 4:28 p.m., the Board entered into closed session.

The regular meeting of the Board reconvened at 4:35 p.m.

On a motion by Mrs. Robinson, seconded by Dr. Jernigan, the Board approved the actual expenses for this meeting.

The meeting was adjourned by unanimous vote upon a motion by Dr. Jernigan and seconded by Dr. Padgett at 4:45 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


June 20 and 21, 2005 MINUTES
North Carolina Veterinary Medical Board, Myrtle Beach, South Carolina


On June 20, 2005, President Herbert Justus, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 3:05 p.m. In attendance were Board members Drs. Linwood Jernigan, Amy Lewis, David Marshal, Richard Hawkins, Dante Martin, Mrs. Nancy Robinson, R.V.T., and Ms. Amy Edwards. Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

Dr. Justus introduced Dante R. Martin, D.V.M. who has replaced Kenneth R. Padgett, D.V.M. His term expires June 30, 2009.

Julian Mann, III, Chief Judge of the North Carolina Office of Administrative Hearings and former attorney for the Board, spoke to the Board about occupational licensing in North Carolina. He presented a history of occupation licensing and on overview of the role of occupational licensing boards in North Carolina.

The Board meeting adjourned at 5:15 p.m. until the following day at 8:00 a.m.

On June 21, 2005, the regular meeting of the Board reconvened at 8:00 a.m.

On a motion made by Dr. Jernigan, seconded by Dr. Hawkins, the minutes for the April 8, 2005, meeting were approved.

Mr. Mann continued his presentation from the previous day. He discussed the importance of knowledge of the legislative process, and answered Board member questions. He left the meeting at 9:45 a.m.

The meeting of the Board adjourned at 9:45 a.m., for a fifteen-minute break, and reconvened at 10:00 a.m.

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

Executive Director Thomas M. Mickey reported on activities of the Board office since the last meeting. No further action was taken.

The Executive Director distributed a financial report to the Board.  Following discussion, Dr. Lewis made a motion to approve the report.  Mrs. Robinson seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 1.

04055-2-1   James G. Mackie, Jr., DVM (complaint by Mrs. William Arnold) - Continued.

04050-1-1  Raymond M. Morrison, DVM and Jenifer Hope Geisler, DVM (complaint by Mr. E. Vernon Ferrell, Jr.) - Dismissed no probable cause.

04059-1-1   Christopher Dunn Meyer, DVM (complaint by Ms. Wendy Young) - Disciplinary action: the medical aspect of the complaint is dismissed upon a finding of no probable cause. A letter of reprimand is issued for probable cause of violation of Board Rule 26 NCAC 66.0601(b). A $500.00 civil monetary penalty is assessed. The ground for the civil monetary penalty are findings of factors in G.S. § 90-187.8(b)(2), [duration and gravity of the violation and G.S. § 90-187.8(b)(3), [violation was committed willfully or intentionally].

04057-1-1   Susan K. Holland, DVM (complaint by Mr. and Mrs. Matt Klemick) - Dismissed, no probable cause.

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

04062-1-1   Kevin Thomas Concannon, DVM and Paul Martin Manino, DVM (complaint by Ms. Robin Dunbar) - The Committee reconsidered its previous decision to issue Dr. Manino a letter of caution, and upon reconsideration, changed its decision to dismissal upon a finding of no probable cause. The original decision with respect to Dr. Concannon, to dismiss upon a finding of no probable cause, remains the same.

Dr. Marshall made a motion to approve the Committee on Investigations Number 1 report concerning complaint 04062-1-1. Dr. Jernigan seconded the motion.  The motion passed unanimously.

The meeting of the Board adjourned at 12:00 p.m.

The regular meeting of the Board reconvened at 12:45 p.m.

Report of Committee on Investigations No. 2.

05007-1-2    Martha R. Davis, DVM (complaint of Mr. David Rich) - Dismissed, no probable cause.

05011-1-2    Robert W. Ridgeway, DVM (complaint of Ms. Helen Civatte and Mr. Brian Civatte) - Disciplinary action: letter of reprimand.

05015-1-2    Marguerite B. Horstman, DVM (complaint of Ms Kay Shy) - Disciplinary action: letter of caution.

05013-1-2   Wally J. Diehl, DVM (complaint of Ms. Megan Cunningham) - Disciplinary action: letter of caution.

05005-1-2   Barbara Anne Walton, DVM (complaint of Ms. Kay Brown) - Dismissed, no probable cause.

Dr. Lewis made a motion to approve the Committee on Investigations Number 2 report. Mrs. Robinson seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 7.

05010-1-7     Angela J. Crain, DVM (complaint by the Ms. Pattie L. Page) - Disciplinary action: letter of reprimand.

05006-1-7     Rebecca Adrienne Bloch, DVM (complaint of Susan A. Hockaday, D.D.S.) Disciplinary action: letter of caution.

05008-1-7    James G. Schmunk, DVM (complaint of Ms. Olivia Russell) - Disciplinary action: letter of caution.

05002-1-7    Kechia Mia Davis, DVM (complaint of Mr. and Mrs. Thomas Mitchell) - Disciplinary action: letter of caution.

05014-1-7    Katie Elizabeth Smithson, DVM (complaint of Ms. Dianne J. Ross) - Disciplinary action: letter of caution.

05012-1-7    Randolph William Wetzel, DVM (complaint by Mr. and Mrs. Mark Heiler) - Disciplinary action: letter of caution.

05016-1-7    Stanley Kent Robinson, DVM (complaint by Mr. and Mrs. Mark Cline) - Dismissed, no probable cause.

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

The Board reviewed a letter to the Board of April 12, 2005 from Mr. Bundy B. Plyer, Executive Director of the North Carolina Cattlemen's Association. This letter was in response to the March 15, 2005 letter from Dr. Justus to Dr. Richard D. Kirkman concerning the Board's interpretation of the Veterinary Practice Act that the palpation of cattle to determine pregnancy was the practice of veterinary medicine as, as such, is restricted to veterinarians. The Board directed that a letter be sent to Mr. Plyer informing him that the Board reaffirms its decision and that protecting the livelihood of veterinarians was not an issue in the Board's decision. A letter should also be sent to the large animal veterinarians that appeared at the January meeting (Christopher George Spooner, DVM, Jonathan Brent Scarlett, DVM, and Heidi Friedlein Hart, DVM) asking them how the issues raised by Mr. Plyer should be resolved. Copies of the letters will be sent to the North Carolina Veterinary Medical Association.

The Board reviewed the Statement of Economic Interest for Ms. Edwards that was received from the North Carolina Board of Ethics. No further action was taken.

Dr. Marshall made a motion to grant Alexandra J. McFeely, DVM an extension until December 31, 2005, on earning her 20 hours of continuing education for 2005. Dr. Lewis seconded the motion. The motion passes unanimously.

The Board discussed the status of services the Board receives through agreement with the North Carolina Physicians Health Program (NCPHP) impairment program. No further action was taken.

The Board set the date of the next Board meeting to be August 26 and the final meeting for 2005 to be November 3.

The Nominating Committee presented its slate of officers for 2005-2006. The Committee nominated Dr. Lewis for President, Dr. Marshall for Vice-President and Mrs. Robinson for Secretary-Treasurer. Dr. Hawkins made a motion that the slate of officers be approved and elected to their respective positions. Dr. Jernigan seconded the motion. The motion passed unanimously.

This Board meeting was held at the same location as the annual meeting of the North Carolina Veterinary Medical Association, which meeting certain members of the Board planned to attend. The Board determined that holding this meeting in Myrtle Beach, South Carolina provided Board members with communication, discussion and learning opportunities with North Carolina veterinarians 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 communications resource fro the Board. Upon a motion by Dr. Jernigan, seconded by Dr. Hawkins, the Board approved the actual expenses incurred for travel, meals and lodging for Board Members, Board Attorney, Executive Director and Staff in connection with this meeting.

The meeting was adjourned by unanimous vote upon a motion by Mrs. Robinson and seconded by Dr. Marshall at 2:05 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


August 26 , 2005, MINUTES
North Carolina Veterinary Medical Board, Raleigh North Carolina


On August 26, 2005, President Amy Lewis, DVM., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:05 a.m.  In attendance were Board members Drs. Susan Bull, Linwood Jernigan, Richard Hawkins, Dante Martin, Mrs. Nancy Robinson, R.V.T., and Ms. Amy Edwards.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

On a motion made by Dr. Jernigan, seconded by Dr. Hawkins, the minutes for the June 20 and 21, 2005, meeting was approved.

Dr. Lewis introduced Susan K. Bull, D.V.M. who has replaced Herbert J. Justus, D.V.M. Her term expires June 30, 2010.

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

At 8:32 a.m. Thomas Daniel, D.V.M. And Mr. John Wilson appeared before the Board to discuss their development of a low cost spay neuter program in Moore County. It is the intent of that this program be developed as a reproducible model for other counties in North Carolina. They left the meeting at 9:10 a.m. The Board directed that a letter be sent to Dr. Daniel requesting additional information on the model and for specific questions that they would like the Board to consider.

Executive Director Thomas M. Mickey reported on activities of the Board office since the last meeting. No further action was taken.

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

The meeting of the Board adjourned at 9:52 a.m., for a five-minute break, and reconvened at 10:00 a.m.

At 10:00 a.m. Mr. Bundy B. Plyer, Executive Director of the North Carolina Cattleman's Association, and Mr. Al Eatman, of Shelby Livestock Yard, appeared before the Board. Their purpose was to discuss the Boards [sic] previous decision that the palpation of cattle was the practice of veterinary medicine. Although scheduled to appear at 10:30 a.m., nineteen individuals representing the veterinary procession joined the open meeting. Mr. Plyer and Mr. Eatmon discussed the inability of livestock auction markets to get veterinarians to palpate cattle. It is their position that if the Board makes the determination that palpation of cattle is the practice of veterinary medicine, that there needs to be a change to the veterinary practice act to exempt the palpation of cattle at livestock auction markets from licensing requirements. Following their discussion with the Board, the individuals representing the veterinary profession spoke in opposition of a change to the veterinary practice act. An open forum followed with a group discussion of the issue. All parties left the meeting at 12:10 p.m.

The meeting was adjourned at 12:10 p.m.

The regular meeting of the Board reconvened at 12:45 p.m.

Dr. Lewis established a Committee on Investigations No. 3 consisting of Dr. Jernigan, Chairman, Dr. Hawkins and Dr. Martin. Dr. Lewis appointed Dr. Martin to fill the vacant position on the Committee on Investigations No. 8. The Committee now consists of Dr. Hawkins, Dr. Lewis and Dr. Martin.

Dr. Marshall made a motion to accept the veterinary licensing examination application from Tamara Windschill, D.V.M. if she chooses to reapply. Dr. Bull seconded the motion. The motion passed unanimously.

The Board reviewed the letter from David G. Bristol, D.V.M., Associate Dean and Director of Academic Affairs, from the North Carolina State University, College of Veterinary Medicine concerning the National Board of Veterinary Medical Examiners imposing a retake policy on the North American Veterinary Licensing Examination (NAVLE). The new policy limits candidates to five attempts to pass the NAVLE in a five year period from the date of the first attempt, unless the state or province in which the applicant is taking the examination has a law that allows the applicant to the the exam more than 5 times. Furthermore, the final two attempts must be at least one year from the previous attempt. Dr. Bristol is opposed to the new policy. Dr. Hawkins made a motion to endorse Dr. Bristol's position and to oppose the mandate to limit the number of retakes on the NAVLE. Dr. Martin seconded the motion. The motion passed unanimously.

The Board discussed the letter from Mr. Jeff Welty concerning second and third year Duke Law school students working with animal related organizations to learn about animal law. No further action was taken.

The Board discussed the status of the services the Board receives through agreement with the North Carolina Physicians Health Program (NCPHP) impairment program. No further action was taken.

The Board set the dates for the first three Board meeting [sic] for 2006 to be January 13, March 31, and June 8, 2006.

Report of Committee on Investigations No. 1.

04055-2-1   James G. Mackie, Jr., DVM (complaint of Mrs. William Arnold) - Continued.

Ms. Edwards made a motion to approve the Committee on Investigations No. 1 report.  Dr. Hawkins seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 2.

05018-1-2  Linda Miller Overcash, DVM (complaint of Ms. Sheryl Trudeau) - Dismissed, no probable cause.

05019-1-2  Soren David Windram, DVM (complaint of Ms. Rhyse Jobe) - Disciplinary action: letter of caution.

05024-1-2  Olivia Guzman, DVM (complaint of Mr. Locke Thomas Walters, Jr.) - Disciplinary action: letter of caution.

05021-1-2  Samuel H. Mitchell, DVM (complaint of Mr. Larry Bates) - Dismissed, no probable cause

05026-1-2  Andrew F. Horne, DVM (complaint of Ms. Christine-Ashly Mystry) - Dismissed, no probable cause

Mrs. Robinson made a motion to approve the Committee on Investigations No. 2 report.  Dr. Hawkins seconded the motion.  The motion passed with Dr. Hawkins excusing himself from complaint no. 05019-1-2.

Report of Committee on Investigations No. 7.

04051-1-7     Douglas Robert Nabel, DVM (complaint of Mr. David Long & Ms. Kristen Chang) - Dismissed, no probable cause.

05025-1-7     Steven A. Walker, DVM (complaint of Ms. Diane Wilson) - Disciplinary action: letter of reprimand.

05020-1-7     Angela Valenti, DVM (complaint of Ms. Schantellia Ivanjack) - Dismissed, no probable cause.

05017-1-7     Mary Anne Leslie, DVM (complaint of Mrs. Robyn Cloin) - Dismissed, no probable cause.

05023-1-7     Frank Ansede, III, DVM (complaint of Mr. Carl Vernon Pearce - Disciplinary action: letter of caution.

04060-1-7     Thomas B. Kuhn, DVM (complaint of Ms. Julie A. Foxworth) - Dismissed, no probable cause.

05027-1-7     Dennis Kay Johnson, DVM (complaint of Ms. Carolyn K, Dunn) - Disciplinary action: letter of caution.

04045-2-7     James H. Rogers, III, DVM and James P. Cartner, DVM (complaint by the Board) - Disciplinary action: letter of caution.

05030-1-7     Melissa Jean Wheeler, DVM and Timothy F. Barker, DVM (complaint by Ms. Linda Dunn) - Dismissed, no probable cause issued to Dr. Wheeler. Disciplinary action: letter of caution issued to Dr. Barker.

Dr. Marshall made a motion to approve the Committee on Investigations No. 7 report. Dr. Bull seconded the motion. The motion passed unanimously, with Dr. Jernigan excusing himself from complaint no. 05030-1-7.

Upon a motion by Mrs. Jernigan, seconded by Mrs. Robinson, the Board approved the actual expenses for this meeting.

The meeting was adjourned by unanimous vote upon a motion by Mrs. Robinson and seconded by Dr. Marshall at 3:48 P.M.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director


November 3, 2005, MINUTES
North Carolina Veterinary Medical Board, Raleigh North Carolina


President Amy Lewis, DVM., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:02 a.m.  In attendance were Board members Drs. Susan Bull, Linwood Jernigan, Richard Hawkins, Dante Martin, Mrs. Nancy Robinson, R.V.T., And Ms. Amy Edwards.  Also present were Board Attorney, Mr. George Hearn, and Executive Director, Mr. Thomas Mickey.

On a motion made by Dr. Hawkins, seconded by Dr. Jernigan, the minutes for the August 20, 2005, meeting was approved.

The Board reviewed the discussion from the last Board meeting concerning the palpation of cattle. No further action was taken.

Dr. Lewis set the meeting date for the next meeting of the Committee on Investigations to be January 11, 2006, and the date for the next meeting of the Committee on Investigations No. 2 to be January 12, 2006.

The Board discussed the current status of the Impairment Program. The Executive Director and Attorney fro the Board are to communicate the Board's concerns to the North Carolina Physicians Health Program.

The Executive Director reported on activities of the Board office since the last meeting.  No further action was taken.

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

The meeting adjourned at 9:15 a.m., for a five-minute break, and reconvened at 9:20 a.m.

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

Mrs. Robinson presented a Power-Point presentation on her attendance of the Annual Meeting of the American Association of Veterinary State Boards' in September.

The Board reviewed the August 31, 2005, change to the business standard mileage rate set by the Internal Revenue Service. Dr. Jernigan made a motion to change the reimbursement rate to 48.5 cents per mile to conform to the new Internal Revenue Service rate. Dr. Hawkins seconded the motion. The motion passed unanimously.

The Executive Director is to review and report on the number of miles traveled for 2005 by the Board's Inspector and Investigator.

The Board revisited its previous discussion from the last Board meeting to accept the veterinary licensing examination application from Tamra Windschill, D.V.M., if she chooses to reapply. Given that she does not appear to meet the requirements of 21 NCAC 66.0206(b), Dr. Bull made a motion that she be allowed to apply for a temporary permit to practice veterinary medicine until such time that the rule is modified, or she meets the requirements of the existing rule. Dr. Hawkins seconded the motion. The motion passed unanimously.

Ms. Edwards made a motion to file technical corrections with the Rules Review Commission to 21 NCAC 66.0101, .0301, .0303 and .0306. There technical corrections will correct the Board address, names of national examinations and testing requirements in the Administrative Rules, to reflect current information. Dr. Hawkins seconded the motion. The motion passed unanimously.

Report of Committee on Investigations No. 1.

04055-2-1   James G. Mackie, Jr., DVM (complaint of Mrs. William Arnold) - Disciplinary action, letter of reprimand and $1,000 civil monetary penalty. The basis for the civil monetary penalty is G.S. § 90-187.8(b)(2).

Ms. Edwards made a motion to approve the Committee on Investigations No. 1 report.  Dr. Hawkins seconded the motion.  The motion passed unanimously.

Report of Committee on Investigations No. 2.

05028-1-2  Cynthia Denis Burnett, DVM (complaint of Mr. & Mrs. Nathaniel Lawrence) - Dismissed, no probable cause.

05038-1-2  Todd Allen Blair, DVM (complaint of Ms. Fran Feltman) - Dismissed, no probable cause.

05041-1-2  Jonathan Rob Allen, DVM (complaint of Mr. Gerald Johnson & Ms. Judy Wallin) - Disciplinary action: letter of reprimand.

Mrs. Robinson made a motion to approve the Committee on Investigations No. 2 report.  Dr. Hawkins seconded the motion.  The motion passed unanimously.

The meeting of the Board adjourned at 12:05 p.m.

The regular meeting of the Board reconvened at 12:35 p.m.

Report of Committee on Investigations No. 7.

03033-1--7     Michael S. Grafinger, DVM (complaint of Mr. John L. Johnson, Jr.) - The Committee reconfirmed its previous decision to issue a letter of reprimand.

05030-1-7     Melissa Jean Wheeler, DVM & Timothy F. Barker, DVM (complaint of Ms. Linda Dunn) - The Committee previously decided at its last meeting to dismiss the case against Dr. Wheeler with a finding of no probable cause and to to issue a letter of reprimand against Dr. Barker. The Committee reached a decision to withdraw both decisions and to continue the case until its next meeting.

05027-1-7     Dennis Kay Johnson, DVM (complaint of Ms. Carolyn K. Dunn) - At the request of Dr. Johnson the Committee reviewed its previous decision to issue a letter of caution. Following the review the Committee determined that the letter of caution should stand.

05031--7     Bentley Stephenson, DVM (complaint of Ms. Laura McAlpin) - Disciplinary action: letter of caution.

05033-1-7     Dennis Kay Johnson, DVM (complaint of Kathy D. Mayo, MD) - Disciplinary action, letter of reprimand and $1,000 civil monetary penalty. The basis for the civil monetary penalty is G.S. § 90-187.7(b)(2) and (3).

05029-1-7     Patricia Monahan Jordan DVM (complaint of Mr. Bob McCall) - Disciplinary action: letter of caution.

05034-1-7     Dennis Kay Johnson, DVM (complaint of Mrs. Bethany B. Cobb) - Disciplinary action, letter of reprimand and $500 civil monetary penalty. The basis for the civil monetary penalty is G.S. § 90-187.7(b)(3) and (4).

05039-1-7     Dennis Kay Johnson, DVM (complaint of Mr. & Mrs. Bill Upchurch) - Disciplinary action, letter of reprimand and $500 civil monetary penalty. The basis for the civil monetary penalty is G.S. § 90-187.7(b)(2) and (3).

05035-1-7     Dennis Kay Johnson, DVM (complaint of Ms. Amber Daniels) - Disciplinary action, letter of reprimand and $1,000 civil monetary penalty. The basis for the civil monetary penalty is G.S. § 90-187.7(b)(2) and (3).

05032-1-7     Dennis Kay Johnson, DVM (complaint of Ms. Cheryl Smith, RN, RVT) - Continued.

05044-1-7     Douglas Robert Nabel, DVM (complaint of Mr. Lewis M. Iacovelli) -Dismissed, no probable cause.

05047-1-7     Michael J. House, DVM (complaint of Mr. George G. Willis) - Disciplinary action, Letter of Caution.

Dr. Jernigan made a motion to approve the Committee on Investigations No. 7 report. Dr. Bull seconded the motion. The motion passed unanimously, with Dr. Martin abstaining from complaint no. 05029-1-7.

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

The meeting was adjourned by unanimous vote upon a motion by Mrs. Robinson and seconded by Dr. Jernigan at 1:42 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

|
|
|
|
|