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2009 Minutes of the North Carolina Veterinary Medical Board
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 January 23, 2009 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Linwood Jernigan, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:09 a.m. In attendance were Board members Drs. Susan Bull, Michael Davidson, Richard Hawkins, David Marshall, Dante Martin, Mrs. Nancy Robinson, R.V.T. and Mrs. Katie Morgan. Also present was Board Attorneys, Mr. George Hearn and Lee Craven. Executive Director, Mr. Thomas Mickey was present as well.

Dr. Jernigan reviewed with the Board, the Governor's and North Carolina Board of Ethics statement on conflicts of interest.

On a motion made by Dr. Hawkins, seconded by Mrs. Robinson, the minutes for both the November 5 & 6 and December 7, 2008, meetings were approved.

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

Dr. Marshall made a motion to approve a consent order that restores the veterinary license of Lynn McElroy Roberts, DVM to active status that was discussed at the last meeting. The Executive Director is authorized to sign it on behalf of the Board. Dr. Bull seconded the motion. The motion passed unanimously.

Mrs. Robinson made a motion to renew the contract with NCPHP under the same terms and conditions for another six months. Dr. Marshall seconded the motion. The motion passed unanimously.

The Board conducted a telephone conference call with Mark E. Epstein, DVM to discuss his request for the approval of the veterinary practice name, "Carolina Animal Pain Management Center." The call ended at 9:30 a.m.

The meeting of the Board recessed at 9:30 a.m. for a break, and reconvened at 9:45 a.m.

Dr. Bull made a motion to decline the request of Dr. Epstein, as his explanation of his facility did not meet the practice facility name requirements of G.S. 90-181.1(b)(1) which applies to the use of "Animal health center" or "animal medical center." Dr. Martin seconded the motion. The motion passed unanimously. The Executive Director will call Dr. Epstein and discuss the possible use of the word "rehabilitation" in the name.

The Board reviewed the request from Kevin A. Jones, DVM for the approval of the veterinary practice facility name, "Animal Rehabilitation Center." Dr. Bull made a motion to decline the request because it does not appear to meet the practice facility name requirements of G.S. 90-181.1(b)(1) which applies to the use of "Animal health center" or "animal medical center." Mrs. Robinson seconded the motion. The motion passed unanimously.

The Investigator's report of his activities since the last meeting was distributed.

At 10:37 a.m., Ms. Claire Holly met with the Board to introduce herself as the new Executive Director for the North Carolina Veterinary Medical Association. She left the meeting at 11:08 a.m.

The meeting of the Board recessed at 11:08 a.m. for a break, and reconvened at 11:15 a.m.

The Executive Director reported on activities of the Board office since the last meeting and distributed a financial report to the members of the Board. Dr. Bull made a motion to approve the Executive Director's report. Mrs. Morgan seconded the motion. The motion passed unanimously.

The Board reviewed the request from Ms. Diane Becker for approval to sit for the Veterinary Technician State Board Exam even though she did not graduate from an American Veterinary Medical Association accredited veterinary technician program. Mrs. Robinson made a motion to deny the request. Dr. Bull seconded the motion. The motion passed unanimously.

In response to a written inquiry from David G. Bristol, DVM, Senior Associate Dean, North Carolina State University, College of Veterinary Medicine the Board authorized the Executive Director to respond to Dr. Bristol that the exemption from the requirements for a veterinary license only covers students pursuing a doctorate of veterinary medicine and does not apply to a person with a doctorate who is pursuing a Ph.D. degree. In addition, the exemption only covers regular students and does not cover individuals pursuing an Educational Commission for Foreign Veterinary Graduates certification, unless they themselves are regular students. Dr. Davidson abstained from the discussion of this matter.

The meeting of the Board recessed at 12:10 p.m. for a break, and reconvened at 12:40 a.m. [sic].

Mrs. Robinson made a motion to enter into a closed meeting pursuant to G.S. § 143.318.11(a)(5), to discuss current and future employment compensation of Board staff. Dr. Hawkins seconded the motion. The motion passed unanimously. At 12:42 p.m., the Board entered into closed meeting.

The Board returned to open session at 2:00 p.m.

The Board reviewed a request from Lewis Harrelson, DVM for an extension of his 2009 continuing education requirements because of a recent hip replacement. Dr. Davidson made a motion to grant him an extension until August 15, 2009, to earn the required continuing education. Dr. Martin seconded the motion. The motion passed unanimously.

Report of Committee on Investigations No. 2.

2008026-2  Marat Semenovich Dubrovsky, VV (complaint of Mr. Elliot M. Cramer) - continued.

2008038-2  Gordon D. Rahmes, DVM (complaint of Mr. and Mrs. Tommy Savage) - Dismissed, no probable cause.

2008044-2  Harvey A. GoHo, DVM (complaint of Ms. Celia Kearney) - Dismissed, no probable cause.

2008042-2  Dennis Kay Johnson, DVM (complaint of Ms. Cynthia Robinson) - continued.

2008046-2  Tim Strickland, DVM & Mitchell L. Spindale, DVM (complaint of Mr. and Mrs. David Love) - continued.

2006034-2  Carla Louise Gartrell, DVM, Jerry Raymond Waddle, DVM and Sheri Leanne Clarkson, DVM (complaint of Mr. Joseph Barr) - Mr. Barr wrote the Committee requesting that it reconsider the letters of reprimand issued to Dr. Waddle and Dr. Clarkson to add additional findings for disciplinary actions. The Committee reviewed Mr. Barr's correspondences and voted to make no changes to its previous decisions.

Dr. Martin made a motion to approve the Committee on Investigations No. 2 report. Dr. Davidson seconded the motion. The motion passed unanimously with Dr. Davidson abstaining on complaint 2008044-2.

Report of Committee on Investigations No. 5.

2008013-5  Stanislaw Naruszewicz, LW & Matthew Kurtz Wendelken, DVM (complaint of Ms. Caroline Cameron) - The Committee reconsidered the previous decision to dismiss the complaint with a finding of no probable cause. The Committee dismissed the portion of the complaint against Dr. Wendelken and issued a letter of caution to Dr. Naruszewicz.

2008031-5  Stanley Kent Robinson, DVM (complaint of Ms. Stacie Linnette Rash) - The Committee reconsidered the previous decision to issue a letter of caution and instead issued a letter of reprimand.

2008043-5  Joseph K. Gordon, DVM & Page Morgan Wages, DVM (complaint of Ms. Angela Platt) - Dismissed, no probable cause.

2008045-5  Jennifer B. Bailey, DVM, Ernest E. Ward, DVM & Susan M. Rohrer, DVM (complaint of Ms. Laura Davis) - Dismissed, no probable cause.

Mrs. Morgan made a motion to approve the Committee on Investigations No. 5 report. Dr. Bull seconded the motion. The motion passed unanimously with Dr. Marshall abstaining on complaint no. 2008013-5.

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

The meeting was adjourned by unanimous vote upon a motion by Mrs. Morgan and seconded by Dr. Bull at 3:28 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 March 19 & 20, 2009 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Linwood Jernigan, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 4:05 p.m. In attendance were the following Board members: Drs. Susan Bull, Michael Davidson, David Marshall, and Dante Martin, Mrs. Nancy Robinson, R.V.T. and Mrs. Katie Morgan. Also present was Board Attorneys, Mr. George Hearn and Lee Craven. Executive Director, Mr. Thomas Mickey was present as well.

Dr. Jernigan reviewed with the Board, the Governor's and North Carolina Board of Ethics statement on conflicts of interest.

Following discussion, Dr. Jernigan formed a new Committee on Investigations (Number 6) consisting of Dr. Davidson, Chairman, Dr. Hawkins and Mrs. Morgan. This Committee will review cases concerning discrepancies the Board staff identify on applications and renewals.

The Board discussed the role of veterinary technicians in veterinary practice facilities as well as possible revisions to Veterinary Practice Act that would enhance and expand the duties of a registered veterinary technician.

The meeting was adjourned at 5:50 p.m.

President Linwood Jernigan, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:04 a.m. In attendance were Board members Drs. Susan Bull, Michael Davidson, Richard Hawkins, David Marshall, Dante Martin, Mrs. Nancy Robinson, R.V.T. and Mrs. Katie Morgan. Also present was Board Attorneys, Mr. George Hearn and Lee Craven. Executive Director, Mr. Thomas Mickey was present as well.

Dr. Jernigan reviewed with the Board, the Governor's and North Carolina Board of Ethics statement on conflicts of interest.

Warren Pendergast, M.D., Medical Director, North Carolina Physicians Health Program (NCPHP), joined the meeting. He presented an update on the status of the program since the last Board meeting. After a question and answer period with the Board, he left the meeting at 8:30 a.m.

On a motion made by Dr. Davidson, seconded by Mrs. Robinson, the minutes for the January 23, 2009, meeting were approved as corrected.

The Executive Director reported on activities of the Board office since the last meeting and distributed a financial report to the members of the Board. Dr. Bull made a motion to approve the Executive Director's report. Mrs. Morgan seconded the motion. The motion passed unanimously.

Dr. Jernigan appointed a nominating committee for 2009-2010 officers consisting of Dr. Davidson, Chairman, Dr. Bull and Dr. Martin. They will present their report at the next meeting.

The meeting of the Board recessed at 9:01 a.m. for a break, and reconvened at 9:11 a.m.

At 9:11 a.m. Carl Williams, DVM, State Public Health Veterinarian at the Division of Public Health-North Carolina Department of Health and Human Services joined the meeting. He presented information about rabies in North Carolina. He also shared with the Board proposed legislation (Senate Bill 674) which would update the rabies law of North Carolina to conform to the Compendium of Animal Rabies Prevention and Control. Dr. Williams left the meeting at 10:12 a.m.

The meeting of the Board recessed at 10:12 a.m. for a break, and reconvened at 10:18 a.m.

Mr. Dale Gavitt jointed the meeting to discuss equine dentistry in North Carolina. He would like the Veterinary Practice Act to be amended so that the floating of teeth using manual tools without sedation would not require a veterinary license. Mr. Gavitt left the meeting at 10:34 a.m.

The Board discussed equine dentistry and the request of Mr. Gavitt. The Board agreed to seek information from other states and professionals.

The meeting of the Board recessed at 11:24 a.m. for a break, and reconvened at 11:30 a.m.

The Board reviewed the material received from Robert O'Neil, DVM, Chairman of the Florida Board of Veterinary Medicine concerning disciplinary actions and fines. The Board will review information from other states concerning the number of complaints, types of disciplinary actions and number and amounts of fines. The Executive Director will thank Dr. O'Neil for the useful information.

Dr. Bull made a motion to enter into a closed meeting pursuant to G.S. § 143.318.11(a)(5), to discuss current and future employment compensation of Board staff. Mrs. Morgan seconded the motion. The motion passed unanimously. At 12:20 p.m., the Board entered into closed meeting.

The Board returned to open session at 12:40 p.m.

The Board briefly reviewed the letter from Ms. Linda Worth, Warren County Manager, concerning the administering of medical treatment to stray animals. As suggested by legal counsel, the Board referred this letter to the Committee of Investigations No. 5 for consideration as part of a pending case. Dr. Davidson made a motion that the Executive Director inform Ms. Worth of such. Dr. Bull seconded the motion. The motion passed unanimously.

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

Report of Committee on Investigations No. 2.

2008026-2  Marat Semenovich Dubrovsky, VV - Nicks Road Veterinary Clinic - (complaint of Mr. Elliot M. Cramer) - Dismissed, no probable cause.

2008042-2  Dennis Kay Johnson, DVM - Greenville Veterinary Hospital - (complaint of Ms. Cynthia Robinson) - The Committee made a finding of probable cause under 21 NCAC 66.0601(g) and directed legal counsel to file a Notice of Hearing.

2008046-2  Tim Strickland, DVM & Mitchell L. Spindale, DVM - Animal Hospital West and Animal Ark Veterinary Hospital - (complaint of Mr. & Mrs. David Love) - The Committee dismissed the portion of the complaint against Dr. Strickland and issued Dr. Spindale a letter of caution.

2008048-2  David L. Barkman, DVM - Highland Animal Hospital - (complaint of Mr. John R. Laws, II) - Disciplinary action, letter of caution.

2008048-2 [sic; 2008024 per November 5 & 6, 2008 Minutes]  George R. Silver, Jr., DVM (complaint of Ms, Eileen L. Kerlin) - The Committee, at the request of legal counsel, reconsidered its previous decision to issue a letter of caution. The Committee then found a finding of probable cause and dismissed the complaint [sic].

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

Report of Committee on Investigations No. 5.

2008008-5  Jennifer D. Rodriguez, DVM, - Manchester Animal Hospital & Jack Dale Brown, DVM - Northgate Animal Hospital - (complaint of Ms. Kathleen M. Sadocha) - The Committee decided to issue Dr. Rodriguez a letter of caution and Dr. Brown a letter of reprimand.

2008047-5  Donald Lee Zehr, DVM - Hendersonville Veterinary Hospital - (complaint of Mr. Terry Ruscin) - Dismissed, no probable cause.

2008049-5  Lawren Louise Durocher, DVM - Carolina Veterinary Specialist Referral Animal Hospital Winston-Salem - (complaint of Dr. and Mrs. Jeff Clevenger) - Disciplinary action, letter of caution.

Dr. Bull made a motion to approve the Committee on Investigations No. 5 report. Dr. Marshall seconded the motion. The motion passed unanimously.

Mrs. Robinson made a motion to have staff and legal counsel consult with Dr. Carl Williams on a proposed amendment to Senate Bill 674 that would allow registered veterinary technicians to administer rabies vaccine under the indirect supervision of a licensed veterinarian. Dr. Martin seconded the motion. The motion passed unanimously.

The meeting was adjourned at 2:42 p.m. by unanimous vote upon a motion by Dr. Davidson and seconded by Dr. Hawkins.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 May 29, 2009 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Linwood Jernigan, D.V.M., called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:03 a.m. In attendance were the following Board members: Drs. Susan Bull, Michael Davidson, Richard Hawkins, David Marshall, and Dante Martin, Mrs. Nancy Robinson, R.V.T. and Mrs. Katie Morgan. Also present was Board Attorneys, Mr. George Hearn and Mr. Lee Craven. Executive Director and Mr. Thomas Mickey was present as well.

Dr. Jernigan reviewed with the Board, the Governor's and North Carolina Board of Ethics statement of being aware of and avoiding conflicts of interest.

On a motion made by Dr. Bull, seconded by Dr. Marshall, the minutes for the March 20, 2009, meeting were approved.

Warren Pendergast, M.D., Medical Director, and Joseph P. Jordan, PhD, Clinical Director, of the North Carolina Physicians Health Program (NCPHP), joined the meeting. Dr. Pendergast announced that NCPHP had now designated the program with the Board for impaired veterinary personnel as the North Carolina Veterinary Health Program (NCVHP). Dr. Pendergast presented an update on the status of the program since the last Board meeting. Dr. Pendergast presented information on EtG (ethlglucuronide) and EtS (ethylsulfate) testing. Dr. Jordan presented information on Naltrexone (Vivitrol) injections. After a question and answer period with the Board, they left the meeting at 8:45 a.m.

The Board Investigator's report on his activities since the last meeting was distributed.

The Executive Director reported on activities of the Board office since the last meeting and distributed a financial report to the members of the Board. Dr. Bull made a motion to approve the Executive Director's report. Mrs. Robinson seconded the motion. The motion passed unanimously.

The meeting of the Board recessed at 9:15 a.m. for a break, and reconvened at 9:25 a.m.

At 9:30 a.m., Ronald Jeffrey Martin, DVM of Beaufort, South Carolina, appeared before the Board, at his request, to discuss and answer questions concerning his application for a veterinary license. He discussed the November 2007 disciplinary action in Georgia against his veterinary license for an act of cruelty to animals. He also discussed his January 2008 convictions on his pleas of guilty in the State of Georgia to the offenses of possession of marijuana, possession and use of drug-related objects, and DUI. Dr. Martin left the meeting at 9:53 a.m.

Based on the information from Dr. Martin's application for licensure and his appearance before the Board, Dr. Marshall made a motion pursuant to General Statutes § 90-187 and§ 90-187,3(4a) to deny the application for licensure of Dr. Martin. Ms. Morgan seconded the motion. The reasons for denial were the November 7, 2007 discipline and finding by the Georgia State Board of Veterinary Medicine that Dr. Martin has committed an act of cruelty to animal, and on the further grounds of his convictions in Georgia for DUI and possession of drugs and drug-related objects.

The meeting of the Board recessed at 10:12 a.m. for a break, and reconvened at 10:18 a.m.

Dr. Bull made a motion to grant George O. Hester, III, DVM an extension until August 31, 2009, to earn his required continuing education. Dr. Hawkins seconded the motion. The motion passed unanimously.

At his request, Robert O'Neil, Chairman of the Florida Board of Veterinary Medicine, appeared before the Board to present and discuss his observations on differences in regulatory procedures and actions between the North Carolina Board and the Florida Board. Following his presentation and a discussion with the Board, he left the meeting at 10:45 a.m.

The meeting of the Board recessed at 10:45 a.m. for a break, and reconvened at 10:55 a.m.

The Board reviewed the application for registration as a veterinary technician from Ms. Melissa Wardo Hendrix. Dr. Bull made a motion to accept her application and grant her a registration unless NCVHP determines that a monitoring contract is necessary. Dr. Martin seconded the motion. The motion passed unanimously.

The Nominating Committee presented its slate of Board officers for 2009-2010. The Committee nominated Dr. Jernigan for President, Dr. Hawkins for Vice-President and Mrs. Robinson for Secretary-Treasurer. Dr. Bull made a motion that the slate of officers be approved and elected to their respective positions. Dr. Martin seconded the motion. The motion passed unanimously.

The Board reviewed the dates that were previously set for the August Committee and Board meeting. Following discussion, the Committee on Investigations #2 will now meet on August 13 in Greensboro and Committee on Investigations #5 will meet on August 14 at the Board office. The Board meeting will be held on Wednesday, August 19 at the Board office.

Report of Committee on Investigations No. 2.

2009003-2  Gail Bowman, DVM - Bowman Animal Clinic- (complaint of Marguerite F. Duffy, DVM) - Dismissed, no jurisdiction.

2009001-2  Mitchell Kyle Barnes, DVM - Topsail Animal Hospital - (complaint of Ms. Elizabeth Campellone) - Dismissed, no probable cause.

2009009-2  Dawn Marie Coy, DVM - Triangle Veterinary Emergency Clinic - (complaint of Mr. & Mrs. David Cribben, Jr.) - Dismissed, no probable cause.

2009011-2  Nicole Alene McQueen, DVM - Pamlico Animal Hospital, P.A. - (complaint of Mr. and Mrs. Richard Stout) - Disciplinary action, letter of caution.

The meeting of the Board recessed at 11:55 A.m. for a break, and reconvened at 12:22 p.m.

2009005-2  Laurie Jennifer Weiser, DVM - Pittsboro Animal Hospital - (complaint of Mr. Herbert Horner & Ms. Penny White) - Dismissed, no probable cause.

2009007-2  Sharon Louise Anthony, DVM - Banfield, the Pet Hospital-Burlington - (complaint of Ms. Jamine E. Santana) - Dismissed, no probable cause.

2009013-2  Christopher Todd Worrell, DVM - PetDocks Veterinary Hospital - (complaint of Rev. Frank Fearing) - Disciplinary action, letter of caution.

2008004-4  Jonathan Kent Kealii Stone, DVM - (complaint of the Board) - The Committee reviewed Dr. Stone's failure to comply with the previous Consent Order issued last year. The Committee also reviewed Dr. Stone's written request for reactivation of his license and the material he submitted to support the request. The Committee voted to offer him a new Consent Order with a number of conditions relating to his sobriety and continued compliance with impairment treatment programs in Texas. Following a motion by Dr. Hawkins, seconded by Mrs. Robinson, the Board voted to accept the Committee's decision and to approve the terms of the proposed Consent Order, which will be presented by Mr. Hearn to Dr. Stone's attorney. Dr. Bull recused herself from the vote.

2009023-2  Kelley Christine Duruman DVM - (complaint of the Board) - The Committee recommended the Board grant the veterinary license application for reinstatement of Kelley Christine Duruman, DVM to active status provided she enters into a Consent Order with the Board containing impairment-recovery terms as a condition for reinstatement. Following a motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the Committee's recommendation and terms of the Consent Order.

Dr. Hawkins made a motion to approve the Committee on Investigations No. 2 report. Mrs. Robinson seconded the motion. The motion passed unanimously with Dr. Hawkins abstaining from Complaint 2009009-2 (Dr. Coy) and Dr. Bull recusing herself and not voting on 2008004-4 (Dr. Stone).

Report of Committee on Investigations No. 5.

2009010-5  Suzanne K. Miller, DVM, - Academy Animal Hospital of Laurinburg, P.A. - (complaint of Ms. Carolyn McLean) - Letter of caution.

2009004-5  Valorie J. White, DVM - Caring Hearts Animal Hospital - (complaint of Mr. and Mrs. James Pugh) - Dismissed, no probable cause.

2009006-5  Clifton Charles Simmons, DVM & Nina C. Roshon, DVM - Wrightsville Beach Animal Hospital - (complaint of Mr. & Mrs. Michael Habas) - Dismissed, no probable cause.

2009008-5  Frederick J. Knowles, DVM - Neuse Veterinary Clinic - (complaint of Ms. Jeanette Wainright) - Dismissed, no probable cause.

2009002-5  Richard C. Dixon, DVM - Boulevard Animal Hospital, P.A. - (complaint of Ms. Gale Garrett) - Disciplinary action, letter of caution.

2009001-5  Amy Elliot O'Malley, DVM & Sharon Turbeville Carlson, RVT- (complaint of Mr. Thomas Rhyne for North Carolina Veterinary Public Health) - Continued.

2009014-5  Charles H. Lloyd, DVM - Fairview Animal Hospital, P.A. - (complaint of Mr. Sam Plyler) - Disciplinary action, letter of reprimand.

Dr. Bull made a motion to approve the Committee on Investigations No. 5 report. Dr. Jernigan seconded the motion. The motion passed unanimously with Dr. Davidson abstaining from Complaint 2009006-5 (Dr. Simmons and Dr. Roshon).

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

On behalf of the Committee on Investigations No. 5, Mr. Hearn reviewed with the Board the letter from Ms. Linda Worth, Warren County Manager, concerning questions about administering medical treatment to animals at the County Animal Shelter by persons other than veterinarians. The letter was briefly reviewed by the Board at the last meeting and referred to the Committee on Investigations No. 5 for consideration as part of a complaint number 2009012-5. The Board discussed the issues relating to Ms. Worth's questions. The Board noted that Warren County has valid legal possession of dogs and cats impounded for not wearing a current rabies tag as required by G.S. § 130A-192. It is the Board's interpretation that the exemption from the requirement of a veterinary license to treat animals in G.S. § 90-187.10(1) applies immediately when the County impounds and animal pursuant to G.S. § 130A-192. Dr. Davidson made a motion that a letter be sent to Ms. Worth consistent with the Board's discussion. Dr. Bull seconded the motion. The motion passed unanimously, with Dr. Marshall abstaining.

The meeting was adjourned at 2:25 p.m. by unanimous vote upon a motion by Dr. Davidson and seconded by Dr. Martin.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 August 19, 2009 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

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

Dr. Jernigan reviewed with the Board, the Governor's and North Carolina Board of Ethics statement on conflicts of interest.

On a motion made by Dr. Marshall, seconded by Mrs. Robinson, the minutes for the May 29, 2009, meeting were approved as corrected.

Warren Pendergast, M.D., Medical Director, and Joseph P. Jordan, PhD, Clinical Director, North Carolina Physicians Health Program (NCPHP), joined the meeting. Dr. Pendergast presented an update on the status of the program since the last Board meeting. After a question and answer period with the Board, he left the meeting at 8:20 a.m.

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

The Executive Director reported on activities of the Board office since the last meeting and distributed a financial report to the members of the Board. The Board reviewed and discussed the report with the Executive Director. No further action was taken.

Dr. Bull led a discussion on the issue of whether a veterinarian can fill, or refill, a prescription order of another veterinarian. Following a discussion of the various aspects of this issue, the Board asked Mr. Hearn to review the relevant statutes and report back to the Board on the possibility of a policy or rule that might allow such dispensing.

At 9:40 a.m., the Board welcomed Dr. Robert Weedon, veterinarian and adjunct faculty, University of North Carolina at Wilmington (UNCW); David E. Rice, New Hanover County Health Director; and Dr. Jean McNeil, veterinarian, and Animal Control Services Manager for New Hanover County and adjunct faculty, UNCW. Dr. Weedon had requested an opportunity to respond and discuss issues relating to the letter of complaint from Dr. Pax M. Lattimore to the Board of July 17, 2009 that alleged that certain undergraduate students at UNCW were practicing veterinary medicine and had posted videos depicting these activities on a Facebook.com page connected with the UNCW "Pre-Veterinary Medical Association" (PVMA).

In connection with this presentation, the Board reviewed Dr. Lattimore's letters to Thomas M. Mickey of July 17, 2009; to UNCW Chancellor Rosemary DePaolo of July, 2009; and to the Board investigator of August 13, 2009. The Board also reviewed the letter to Dr. Lattimore from UNCW Vice Provost Stephen L. MacFarland of August 5, 2009; and the letter of August 5, 2009 to Dr. Martin Posey, Chair, UNCW Biology/Marine Biology Department from Dr. Weedon, Mr. Rice and Dr. McNeil.

Dr. Weedon and Dr. McNeil are adjunct faculty members at UNCW and faculty advisors to PVMA. Mr. Rice, as Health Director of New Hanover County, oversees the New Hanover Animal Control Services (NHCACS) spay/neuter facility. Certain UNCW students who are members of PVMA volunteer at the NHCACS facility, and as part of their activities they perform certain aspects of spay and neuter procedures. All of the animals are owned by New Hanover County. One of the goals of the NHCACS in sterilizing the animals is to prevent further pet overpopulation. No sterilization procedures are performed on animals owned by any member of the public. The PVMA student volunteers have a demonstrated interest in veterinary medicine as a career and Dr. Weedon, Mr. Rice and Dr. McNeil believe that the supervised volunteer efforts at NHCACS are beneficial for the students and for the public purpose of the facility.

Dr. Weedon, Mr. Rice and Dr. McNeil concluded their presentation and left the Board meeting at 10:45 a.m. The Board deferred discussion on this issue until later in the afternoon.

The meeting of the Board recessed at 10:55 a.m. for a break, and reconvened at 11:05 a.m.

The Board next welcomed Ms. Kathleen Dickinson, who had requested to appear and present information to the Board on the issue of practice facility ownership by non-veterinarians. Originally, Dr. Fred B. McCashin of Southern Pines, N. C. was to join her for this presentation but his travel schedule prevented his doing so. Ms. Dickinson, who is not a veterinarian, is the practice manager of Dr. McCashin's facility in Southern Pines, Carolina Equine Clinic. Ms. Dickinson presented several reasons as to why she thought it would be beneficial for non-veterinarians to have at least part ownership of a veterinary medical practice. The Veterinary Practice Act does not permit non-veterinarians to own any or all of a veterinary practice. The Board members discussed these issues with her, and she concluded her presentation and left the meeting at 1:25 a.m. The Board took no action on her request.

Next, at 11:30 a.m., the Board received a presentation from Dr. Robert J. Meyer, owner of Neuse River Veterinary Hospital in Wendell, N. C. He had requested an opportunity to present information to the Board concerning the likelihood that certain horse breeding operations in North Carolina were conducting embryo transfers, ultrasounds and other procedures which he thought might constitute the practice of veterinary medicine. The Board members discussed these issues and questioned him about these issues to determine what information he had to support his concerns. Dr. Meyer concluded his discussion and left the meeting at 12:10 p.m. The Board requested Mr. Hearn to review the report to the Board on whether any of the three identified facilities were offering to perform procedures that are the practice of veterinary medicine.

The Board recessed for a lunch break at 12:10 p.m. for a break until 12:40 p.m., at which time the meeting reconvened.

Dr. Jernigan led a discussion concerning the use of pop-off valve restrictors on anesthetic machines. This device is a safety instrument which prevents the pop-off valve from being accidentally closed, which closure can lead to respiratory damage and pneumothorax of the animal under anesthesia. By consensus, the Board agreed that through the President's Letter and other relevant communications to the licensees the Board would emphasize the importance of using pop-off valve restrictors.

The Board next considered a written request from Dr. Maidan Khare of Highland Park, N. J. for approval of two continuing education online credit and seminar courses sponsored by his company, the name and website of which is VetMedConsulting.com After review of Dr. Khare's materials and following discussion by the Board, Dr. Marshall made a motion to deny Dr. Khare's request for the reason that the materials presented did not appear to have sufficient content directly relevant to veterinarians licensed in North Carolina. The motion was seconded by Dr. Hawkins and it passed unanimously.

The Board established the date of the first meeting in 2010 to be Friday, January 22, 2010 at the Board offices.

Dr. Marshall reviewed with the Board inquiries made of him as the State Veterinarian at the N. C. Department of Agriculture & Consumer Services relating to the implantation of microchips in animals. The inquiry to him from Ms. Leila Warren of Forsyth County appeared to concern primarily whether a veterinarian-client-patient relationship was prerequisite to a veterinarian's performing a microchipping procedure on an animal, particularly when the procedure took place at a "microchipping clinic." Such clinics appear to have conducted in the Forsyth County area and may have been sponsored by community organizations. Dr. Marshall asked whether Mr. Hearn could investigate the question and answer it on behalf of the Board. The Board concurred and directed Mr. hearn to contact Ms. Warren and identify the issue and determine the answer to her question.

Report of Committee on Investigations No. 2.

2009017-2  Roy Lawrence Bodine Lenzo, DVM - Lenzo Animal Hospital - (complaint of Mr. Vincent G. Vicari) - Disciplinary action, letter of caution.

20091019-2 [sic] Shayne Philana Zimmerman, DVM - Banfield, The Pet Hospital of Cary - (complaint of Ms. Nicole Dewberry) - Dismissed, no probable cause.

2009015-2  Cynthia Denise Burnett, DVM - Burnett Veterinary Hospital - (complaint of Ms. Karen McPadden) - Dismissed, no probable cause.

2009021-2  Gary D. Schaffer, DVM - Alexander County Veterinary Hospital Services, P. A. - (complaint of Mr. Lindsey H. Stokes, Sr.) - Disciplinary action, letter of reprimand. Upon motion of Dr. Davidson, seconded by Mrs. Robinson, and unanimously passed, a civil monetary penalty was assessed in the amount of $250.00 based upon factors set forth in G.S. § 90-187.8(b)(3) and (5).

2009027-2  Laureen Yetta Bartfield, DVM - Mobile Stay-Neuter Assistance Program of North Carolina - (complaint of Ms. Nicole Dewberry) - Dismissed, no probable cause.

2009029-2  Laurie Ann Buche, DVM - Wellington Animal Hospital - (complaint of Ms. Pauline Larkin and Ms. Kristin Ellison) - Disciplinary action, letter of caution.

Upon a motion by Mrs. Robinson, seconded by Dr. Hawkins, the Board approved the report of Committee on Investigations No. 2, with Dr. Davidson abstaining from the vote with respect to Complaint 2009027-2 (Dr. Bartfield).

The Board recessed from 2:20 p.m. to 2:35 p.m., at which time it reconvened.

Report of Committee on Investigations No. 5.

2009012-5  Amy Elliot O'Malley, DVM & Sharon Tuberville Carlson, RVT - Warren County Animal Shelter - (complaint of Mr. Thomas Rhyne) - Dismissed, no probable cause.

2009016-5  Melissa Bame Beagle, DVM - Alamance Animal Emergency Hospital - (complaint of Mr. and Mrs. Gavin Moss) - Disciplinary action, letter of caution.

2009018-5  Lee A., Darch, DVM - North Wake Animal Hospital - (complaint of Ms. Elizabeth Grady) - Disciplinary action, letter of caution.

2009020-5  Melissa Bame Beagle, DVM - Alamance Animal Emergency Hospital - (complaint of Mr. and Mrs. Shane Sharpe) - Disciplinary action, letter of caution.

2009022-5  Edith Kathryn Wilder, DVM - Graham Animal Hospital, P.A. & Melissa Bame Beagle, DVM - Alamance Animal Emergency Hospital - (complaint of Mr. Joseph Eugene Martin) - Continued.

2009028-5  Brian David Lapham, DVM - Hidden Valley Animal Clinic and Boarding - (complaint of Mr. & Mrs. Thomas Cormack) - Dismissed, no probable cause.

2009030-5  Kelly Elizabeth Reilly, DVM - Animal Emergency Clinic of Cary, LLP - (complaint of Tracy R. Watson, DC) - Dismissed, no probable cause.

2009031-5  Sarah Butler Brown, DVM - Health Care for Pets Hospital - (complaint of John Patrick Galligan, DVM) - Continued.

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

The Board resumed discussion regarding the complaint by Dr. Pax Lattimore regarding alleged unlicensed practice by UNCW undergraduate students. Following discussion, by consensus the Board directed Mr. Hearn to prepare a draft of a letter of the Board's findings and conclusions. The Board has a level of confidence about the treatment of the animals at the NHCACS spay/neuter facility, and that the spay/neuter facility provides a beneficial service to the New Hanover County area in its efforts to prevent overpopulation of cats and dogs. The Board does not interpret the word "employee" in G.S. § 90-187.10(1) to exempt the UNCW pre-veterinary student volunteers from the requirement of a veterinary medical license when they perform acts at NHCACS that constitute the practice of veterinary medicine. Further the statutory exemption in G.S. § 90-187.10(2) is not applicable to the facts of this case. The UNCW pre-veterinary student volunteers should not perform the closing of surgical incisions in spay procedures nor should they perform neutering procedures or any act that constitutes the practice of veterinary medicine. The Board will request the cooperation of Dr. Weedon, Mr. Rice and Dr. McNeil to ensure that the student volunteers will no longer perform these activities. The Board requested that Mr. Hearn confer with Dr. Davidson and Mr. Mickey concerning the drafts of his proposed correspondence.

Upon motion of Dr. Davidson, seconded by Mrs. Morgan, the Board adjourned the meeting at 3:40 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 


 November 5, 2009 MINUTES
North Carolina Veterinary Medical Board, Raleigh, North Carolina

President Linwood Jernigan, DVM called the regular meeting of the North Carolina Veterinary Medical Board to order at 8:00 a.m. In attendance were the following Board members: Drs. Susan Bull, Michael Davidson, Richard Hawkins, David Marshall, and Dante Martin, Mrs. Nancy Robinson, R.V.T. and Mrs. Katie Morgan. Also present were Board Attorney Mr. George Hearn and Executive Director Mr. Thomas Mickey.

Dr. Jernigan reviewed with the Board the Governor's and North Carolina Board of Ethics statement on being aware of and avoiding conflicts of interest.

On a motion made by Dr. Marshall, seconded by Mrs. Morgan, the minutes for the August 19 2009, meeting were approved.

At 8:05 a.m. Warren Pendergast, M.D., Medical Director of the North Carolina Physicians Health Program (NCPHP), joined the meeting. Dr. Pendergast presented an update on the status of the program since the last Board meeting. After a question and answer period with the Board, he left the meeting at 8:20 a.m.

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

The meeting recessed at 9:00 a.m. for a break and reconvened at 9:15 a.m.

Dr. Jernigan presented the President's Report. He announced that he had appointed three committees to help develop amendments to the Practice Act and administrative rules. The first committee, composed of Mrs. Robinson and Dr. Davidson, is given the responsibility to recommend to the Board amendments regarding registered veterinary technicians. the second committee, composed of Dr. Jernigan and Dr. Hawkins, will recommend to the Board changes regarding practice facility inspections and veterinary medical practice standards. The third committee, composed of Dr. Bull and Dr. Martin, will review and make recommendations to the Board regarding licensing issues. Dr. Jernigan asked that Mr. Mickey and Mr. Hearn be available to assist each committee.

Following discussion, the Board determined that part of the next meeting of the Board would consist of a work session regarding statutes and rules to begin at approximately 4:30 p.m. on Thursday, January 28, followed by a regular meeting of the Board beginning at 8:00 a.m. on Friday, January 29, 2010. Committee 5 will meet on Wednesday, January 27, at 2:00 p.m., and Committee 2 will meet on Thursday, January 28, at a time to be determined, prior to the Board's work session later that afternoon.

The first item of Mr. Hearn's attorney's report was a review of the drafts of letters he had prepared to explain the Board's decision on the complaint by Dr. Pax Lattimore, who had alleged that certain undergraduate students at the University of North Carolina at Wilmington were practicing veterinary medicine through their activities at the New Hanover County Animal Control Services spay/neuter facility. The Board approved for mailing the language in the drafts of the correspondence.

Mr. Hearn next discussed the results of his investigation of the microchipping issued as request by the Board at the August 19, 2009 meeting. The original question, raised by Ms. Lelia Warren of Forsyth County, concerned primarily whether a veterinarian-client-patient relationship was prerequisite to a veterinarian's performing a microchipping procedure on an animal, particularly when the procedure took place at a "microchipping clinic." Following discussion of this issue, the Committee directed Mr. Hearn to write Ms. Warren that the microchipping procedure must be performed by a veterinarian, or by a registered veterinary technician or a veterinary assistant employed by the veterinarian directly supervised by the veterinarian. The term "direct supervision" means that the veterinarian is on the premises and readily available to answer questions or assist the employee being supervised. Further, an existing veterinarian-client-patient relationship is not required prior to microchipping being performed by the veterinarian (or by his supervised employee). A veterinarian-client-patient relationship is established with the performing of the microchipping procedure.

As part of the discussion regarding microchipping, the Board, by consensus and at Dr. Jernigan's suggestion, asked Mr. Mickey to draft a letter to North Carolina breeding and/or kennel clubs confirming that microchipping animals is the practice of veterinary medicine and has to be performed by a veterinarian or by a registered veterinary technician or veterinary assistant under the direct supervision of a veterinarian.

The Board recessed at 10:25 a.m. for a break and reconvened at 10:40 a.m.

Mr. Hearn reviewed the question of whether, or under what circumstances, veterinarians could dispense medicines on the prescription order of the patient's regular veterinarian when there was no previously existing veterinarian-client-patient relationship wit the veterinarian who is being asked to dispense the medicine. Mr. Hearn concluded that G. S. § 90-187.8(c)(18) prohibited the selling, dispensing, or prescribing drugs, medicines or biologics without a veterinarian-client-patient relationship with respect to the sale, dispensing or prescription. The does not appear to be an exception when the prescribing veterinarian is unavailable. the Board discussed the issue and concluded that a veterinarian who is asked by a prospective client to dispense medicine for which there is no ready access to the prescribing veterinarian can establish the necessary veterinarian-client-patient relationship by a brief but adequate examination of the animal, thus providing a basis for dispensing the medicine.

Executive Director Mr. Mickey reported on activities of the Board office since the last meeting. He distributed a financial report to the members of the Board, who reviewed and discussed the report with him. Dr. Bull made a motion, seconded by Dr. Hawkins, to accept the Executive Director's report. The motion passes unanimously.

The Board discussed the history of the Board's relationship with the American Association of Veterinary State Boards (AASVB). Mr. Mickey reviewed recent administrative and other changes intended to improve the efficiency and accountability of AAVSB staff operations. The Board determined that is should confirm whether AAVSB had established sufficient security measures for confidential information and correct operational issues so as to justify this Board's resuming active participation in AAVSB. Following discussion, upon motion of Mrs. Robinson, seconded by Dr. Davidson, the Board unanimously voted to authorize the necessary expenses for Mrs. Robinson and Mr. Mickey to travel to the AAVSB headquarters in Kansas City, Missouri to investigate administrative and staff changes and to report back to the Board.

Mr. Mickey next circulated to the Board an Interim Report concerning online license and registration renewals. He then conducted a step-by-step demonstration of the new online renewal system, which will be implemented effective mid-November. Mr. Mickey showed the Board a sample online renewal on the monitor screen in the conference room and answered Board members' questions regarding the system.

The Board recessed for lunch at 12:15 p.m. and reconvened the meeting at 1:05 p.m.

Report of Committee on Investigations No. 2.

2009033-2  Sean Michael Ellison, DVM; William Ryan Husky, DVM; John Joseph Murphy, DVM - (complaint of Ms. Elizabeth Tucker) - Dismissed, no probable cause.

2009035-2  Bruce P. Carlton, DVM - (complaint of Ms. Michelle Baxter) - Disciplinary action: letter of reprimand plus 10 hours of continuing education in the area of exotic medicine in addition to the 20 hour annual CE requirement for 2010; plus a $250.00 civil monetary penalty. The amount of the recommended civil monetary penalty is based upon the statutory factors in G.S. § 90-187.8(b)(1) [the degree and extent of harm to the health of the animal under the veterinarian's care] and (b)(2) [the duration and gravity of the violation].

2009026-2  Eric K. Dorsch, DVM - (complaint of Mr. and Mrs. Hillel Abrams) - Dismissed, no probable cause.

Upon a motion by Dr. Davidson, seconded by Dr. Hawkins, the Board approved the report of Committee on Investigations No. 2, with Dr. Davidson abstaining from the vote with respect to Complaint 2009035-2 (Dr. Bruce P. Carlton). In case number 2009035-2 regarding Dr. Carlton, upon motion of Dr. Hawkins, seconded by Mrs. Robinson, with Dr. Davidson abstaining, the civil monetary penalty of $250.00 is based upon statutory factors in G.S. § 90-187.8(b)(1) and (b)(2).

The Board recessed at 1:45 p.m. for a break and reconvened at 2:10 p.m.

Report of Committee on Investigations No. 5.

2009022-5  Edith Kathryn Wilder, DVM and Melissa Bame Beagle, DVM - (complaint of Mr. Joseph Eugene Martin) - Continued.

2009031-5  Sarah Butler Brown, DVM - (complaint of Mr. John Patrick Galligan, DVM) - Dismissed, no probable cause.

2009025-5  Walter R. Westbrook, DVM - (complaint of Ms. Lynne Victoria Swanson, DVM) - Dismissed with a finding of no probable cause as to certain portions of the complaint and a letter of caution to other parts.

2009036-5  Maria Theresa Zayas, DVM - (complaint of Reverend Pamela Lenahan) - Dismissed, no probable cause.

2009034-5  Barrett O. Welch, DVM - (complaint of Mr. Lawrence Horne and Ms. Shirley Dubay) - Disciplinary action, letter of caution

Upon motion by Dr. Bulll, seconded by Dr. Marshall, the Board approved the report of Committee on Investigations No. 5. with Dr. Jernigan abstaining on the vote with respect to Complaint No. 2009036-5 (Dr. Zayas).

Dr. Davidson made a motion, seconded by Dr. Bull, to enter into a closed meeting pursuant to G.S. § 143.318.11(a)(5) to discuss personnel matters, including compensation of Board staff. The motion passed unanimously. At 3:20 p.m., the Board entered into closed meeting and returned to open session at 4:20 p.m.

Upon motion of Dr. Marshall, seconded by Mrs. Morgan, the Board adjourned the meeting at 4:21 p.m.

Respectfully Submitted, 
Thomas M. Mickey
Executive Director

 

 

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