STATE OF NEVADA BOARD OF VETERINARY MEDICAL EXAMINERS 4600 Kietzke Lane, Building O-265 Reno, Nevada 89502 Phone 775 688-1788/fax 775 688-1808 vetbdinfo@vetboard.nv.gov www.nvvetboard.us BOARD MEETING at Oquendo Center for Clinical Education 2425 East Oquendo Road Las Vegas, Nevada 89120 Thursday, April 25, 2013 MINUTES BOARD MEMBERS PRESENT Richard Simmonds, DVM President William Taylor, DVM - Vice-President Ronald Sandoval, DVM Scott Bradley, DVM Mark Iodence, DVM Steve Damonte, DVM BOARD STAFF PRESENT Debbie Machen - Executive Director Tracie Estep Administrative Asst. Louis Ling, Esq. Board Counsel Christina Johnson, LVT Inspector Patricia Handal, DVM-Investigator BOARD MEMBERS NOT PRESENT Sharita Diaz, Public Member 1
Dr. Simmonds called the meeting to order and called roll at 9:15 a.m. He recognized and thanked Mark Iodence, DVM for his five years as a member of the Board and presented him with a plaque documenting the Board s appreciation. 1. Public Comment: None 2. Approval of Board Minutes A. January 31, 2013 Board Meeting Motion: Dr. Bradley moved to accept the minutes as presented. Passed: Unanimous 3. Review & Determination of Complaints/Disciplinary Action: A. AS02-091412 Raul Arteaga, DVM: Letter of Reprimand Motion: Dr. Bradley moved to accept the Letter of Reprimand as written. Second: Dr. Damonte Passed: Dr. Taylor abstained B. QN01-110112 Justin Quecke, DVM: Letter of Reprimand Motion: Dr. Taylor moved to accept the Letter of Reprimand as written. Passed: Dr. Iodence abstained C. MS01-091012 Armando Martinez, DVM: Letter of Reprimand Motion: Dr. Damonte moved to accept the Letter of Reprimand as written. Passed: Dr. Taylor abstained D. PS01-103012-743/H262 Glenn Park, DVM/Courtyard Animal Hospital: Letter of Reprimand Motion: Dr. Damonte moved to accept the Letter of Reprimand as written. Passed: Dr. Taylor abstained E. FS02-102912-1127 Vidya Francis, DVM: Letter of Reprimand Motion: Dr. Taylor moved to accept the Letter of Reprimand as written. Passed: Dr. Damonte abstained. F. WS01-112812 Erin Wilkins, DVM: Letter of Reprimand Motion: Dr. Sandoval moved to accept the Letter of Reprimand as written. Passed: Dr. Damonte abstained 2
G. BS01-101712 Discussion: The consensus of the Board was that this complaint should remain open until full compliance has been met regarding Nevada computerized medical record laws. Motion: Dr. Iodence moved to table this complaint until full compliance. Second: Dr. Damonte Dr. Sandoval abstained. H. BS01-121512 Dr. Simmonds abstained. I. HS01-122612 Discussion: After discussion of the complaint the review panel recommended that disciplinary action be initiated against the licensee. Motion: Dr. Taylor moved to have staff and Mr. Ling initiate action against the licensee due to there being sufficient evidence to proceed with disciplinary action. Second: Dr. Iodence Dr. Bradley abstained. J. CR01-122912 constitutes a cause for disciplinary action and send a letter of caution to the licensee regarding having written procedures in place for the accounting of instruments post-surgery. Motion: Dr. Taylor moved to dismiss with a letter of caution. Second: Dr. Dr. Iodence Dr. Bradley abstained. K. LR01-010813 Dr. Taylor abstained. L. RS01-011913 3
constitutes a cause for disciplinary action and send a letter of caution to the licensee regarding NAC 638.0475 when requested, a complete medical record needs to be sent within 48 hours of the request, if supplemental medical records are stored separately from the primary medical record it should be indicated in the primary medical record. Motion: Dr. Sandoval moved to dismiss with a letter of caution. Dr. Damonte abstained. M. RN01-012813 Dr. Taylor abstained. N. SN01-012913 Dr. Taylor abstained. O. KS01-013013 Dr. Damonte abstained. P. AN01-020813 Discussion: After discussion of the complaint the review panel recommended that disciplinary action be initiated against the licensee. Motion: Dr. Iodence moved to have staff and Mr. Ling initiate action against the licensee due to there being sufficient evidence to proceed with disciplinary action. Dr. Bradley abstained. Q. VS01-031613 4
Motion: Dr. Taylor moved to dismiss. Second: Dr. Dr. Iodence Dr. Sandoval abstained. 4. Continuing Education-Request for approval of CE's for: A. Troubleshooting the Anesthetic Patient, 2 hours for veterinary technicians. B. Positioning the Small Animal orthopedic Radiograph Patient, 2 hrs. for veterinary technicians. C. ECG Monitoring, 2 hours for veterinary technicians. Discussion: Dr. Simmonds reviewed the above noted courses and recommended approval for the requested hours of continuing education. Motion: Dr. Taylor moved to accept the above noted continuing education courses. D. Homeopathy: An Enduring Paradigm, 17 hrs. for veterinarians and veterinary technicians. Discussion: Dr. Taylor reviewed the above noted courses and recommended that the Board discuss these courses due to there not being enough information in the outline to access the merit of the continuing education. The Board asks that the provider of the CE be invited to attend a board meeting and answer questions regarding the courses. Motion: Dr. Iodence moved to deny the above noted continuing education course. Second: Dr. Damonte Passed: 3-yes (Iodence, Bradley, Damonte), 2-nay (Taylor, Sandoval). Motion passed 5. Requests for Licensure/Reinstatement/Old Business A. Christine Boyles, application for LVT. Discussion: Ms. Machen and Dr. Simmonds explained that Ms. Boyles had submitted her application for licensed veterinary technician in October of 2012 and the application had been denied. Dr. Simmonds and Ms. Machen met with Alberto Aldrete, DVM, Director, and Alex Henderson, RVT, faculty member of Veterinary Allied Staff Education, to discuss the school s curriculum and specifically the denial of two applicants for licensure in Nevada. The school curriculum was created to meet the minimal education requirements for licensure as a Registered Veterinary Technician with the California Veterinary Board. The program is an on-line accelerated program designed for students that have practical experience consisting of at least 4,476 hours, completed in no less than two years, under the direct supervision of a California licensed veterinarian and must be completed within 5 years prior to the examination (VTNE). The practical experience must provide the applicant with knowledge, skills and abilities in the areas of communication with clients, patient examinations, emergency procedures, laboratory procedures, diagnostic imaging, surgical assisting, animal nursing, nutrition, dentistry, animal behavior, and pharmacology. The supervising veterinarian(s) must complete a check list attesting to proficiency in specific areas within the preceding categories. The school representatives asked that the Board reconsider these two applicants due to them submitting their application with the assumption that they could be licensed in Nevada. Nevada s law changed in April 2010 requiring stricter education requirements that would not allow the applicant to be licensed by endorsement. The representatives of the school understand that if the 5
Board accepts these applicants based on their Certificate of Completion from this school the basis would be made on the merit of the applicant and not the school. The Board reviewed Ms. Boyle s application and supporting documentation. Motion: Dr. Iodence moved to accept her application for licensure. Dr. Sandoval abstained. B. Rachel Boardman, application for VTIT and LVT. Discussion: Ms. Boardman had submitted an application for licensed veterinary technician in December of 2011 and was denied due to her Certificate of Completion from Veterinary Allied Staff Education. The Board reconsidered her application on the same basis as described in 3A. The Board reviewed Ms. Boardman s application and supporting documentation. Motion: Dr. Taylor moved to accept her application for licensure. C. Dustin Bartholomew, application for LVT. Discussion: Dustin Bartholomew submitted an application for licensed veterinary technician based on his Bachelor of Science in Biology, his four years of experience in Utah, his numerous hours of continuing education classes, and a letter of recommendation. Mr. Bartholomew also submitted paperwork documenting a felony conviction for drug possession in February 2007 and compliance of all the terms set by the Larimer County Justice Court in Colorado. The Board reviewed Mr. Boardman s application and supporting documentation. Motion: Dr. Iodence moved to deny his application based on the felony conviction. D. Janelle Gomez, application for LVT. Discussion: Janelle Gomez submitted an application for licensed veterinary technician based on her Bachelor of Science in Anthropology, her seven years of experience in Utah, and a letter of recommendation. The Board reviewed Ms. Gomez s application and supporting documentation. Motion: Dr. Sandoval moved to deny her application based on her not meeting the education equivalence requirement in NRS/NAC 638. Second: Dr. Iodence E. Melissa Shaver, DVM, application for veterinary license Discussion: Dr. Shaver submitted an application for a veterinary license and requested that the requirement in NAC 638.0435 be waived, which states that the applicant has passed the NAVLE or any other exam approved by the Board within 5 years of application due to her practice being specific to chiropractic and acupuncture. She is currently licensed in Oregon and Washington. The Board reviewed Dr. Shaver s application and supporting documentation. 6
Motion: Dr. Damonte moved to deny the request. 6. Discussion of Regulations/New Policies A. New Complaint Assessment form and review of the current content. Discussion: Ms. Machen presented the Board with a new form for assessing complaints and wanted to discuss the new format and the content of the assessments. The consensus of the Board is that Dr. Handal is doing a thorough job with the reporting and that the new form is acceptable. B. Controlled Substance Storage Discussion: Ms. Machen explained to the Board that there is a lot of confusion in regard to the law that states that controlled substances need to be double locked in a container that is affixed to the structure. The consensus of the Board is that as long as the controlled substances are double locked in a cabinet that is affixed to the structure the facility is in compliance and the veterinarian is doing their due diligence in securely storing their controlled substances. C. New protocol for confirmation of renewals. Discussion: Ms. Machen presented the Board with a new on-line renewal confirmation that will be sent via e-mail to all licensees that renew online. The e-mailed PDF will include license verification, receipt of payment, and a wallet card. There will be no need to mail out individual wallet cards to online users; this will save the Board approximately $1000.00 in postage and printing costs. This will be implemented with the 2014 renewals. D. Length of time that disciplinary action is displayed on the website. Discussion: The consensus of the Board was that the disciplinary action (Board Orders) that are now being displayed on the website was serving the purpose of public transparency and allows the public the ability to determine the relevance of the discipline. 7. Discussion and Determination A. Legislative Update Discussion: Ms. Laxalt had presented a current legislative update of all the Bills the Board is currently tracking and their status. The Board Bill, AB72, has been passed out of the Assembly and should be heard in the Senate next week. B. Scheduled Board Meetings and Disciplinary Hearings The following Board meetings are scheduled in 2013. Reno-July 18, 2013 Las Vegas- October 23 & 24, 2013 (tentative) Reno-January 30, 2014 Las Vegas-April 24, 2014 8. Staff Reports A. Budget Request 2013-2014 & Financial Report 2012-2013 Debbie Machen B. Administrative Report-Tracie Estep C. Hospital Inspection and Duplicate Violation Report-Christina Johnson, LVT Discussion: The above noted quarterly reports and the budget request for 2013-2014 were presented to the Board s satisfaction. Motion: Dr. Iodence moved to accept the 2013-2014 budget request. 7
D. Legal Report Discussion: Mr. Ling provided the Board with an update on the Carl Kelly, DVM appeal. The briefs have been submitted to the court and we are awaiting a court date for oral arguments. Mr. Ling also provided the Board with an overview of a criminal complaint against an unlicensed person that the Board has turned over to the Attorney General s office for prosecution. The AG s office has agreed to criminally prosecute the case and it has now been filed with Washoe County. One count of felony animal cruelty and one count of felony practicing veterinary medicine without a license have been charged. 9. Public Comment Dennis Lopez, LVT stated that he has had several students (externs) inform him that there are many practices allowing unlicensed employees to do veterinary tasks that are specific to licensed veterinary technicians. Dr. Iodence wants to make sure the Board proceeds with the new dental regulations that Dr. Chumrau was working on. Dr. Iodence sincerely thanked the Board for the privilege of sitting on the Board and noted that he admires the Board members and staff for what they accomplish. 10. Agenda items for next meeting a) Election of officers b) Dental Regulations c) Anatomy of a Complaint 11. Adjournment The Board meeting was adjourned at 3:20 p.m. 8