NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS BOARD MEETING VIA VIDEO CONFERENCE AT OFFICE OF THE ATTORNEY GENERAL, NEVADA DEPARTMENT OF JUSTICE, CARSON CITY OFFICE, 100 NORTH CARSON STREET, CARSON CITY, NV AND OFFICE OF THE ATTORNEY GENERAL, NEVADA DEPARTMENT OF JUSTICE, LAS VEGAS, 555 EAST WASHINGTON AVE., SUITE 4500 LAS VEGAS, NV On Thursday, June 1, 2006 at 9:00a.m. Board Members Present Jon Pennell, DVM, President Chris Yach, DVM, VP Richard Simmonds, DVM, MS Craig Schank, DVM Gary Ailes, DVM William Taylor, DVM Staff Present Debbie Machen, Exec. Dir. Tracie Estep, Admin. Asst. Keith Marcher, Senior Deputy AG Mike Chumrau, DVM, Investigator Beverly Willard (absent) 1
MINUTES Dr. Pennell called the meeting to order at 9:10a.m. *1. Approval of Board Minutes: A. March 16, 2006 Board Meeting Minutes B. April 27, 2006 Tele-Conference Board Meeting Motion: Richard Simmonds moved to approve as amended. Passed: Unanimously 2. Disciplinary Action A. AS01-022706-1427 Letter of Reprimand-Debra Wolf, DVM Discussion: The review panel found that there was sufficient evidence to proceed with disciplinary action and recommended discipline. The Public Letter of Reprimand stipulated to the following violations: 1) NAC 638.053, in that the Licensee allowed nonlicensed personnel to perform animal health tasks that are specific to a licensed veterinary technician; and 2) NAC 638.048 (8) in that the licensee allowed the treatment of this patient and the administration of a controlled substance without first establishing a valid veterinary-client-patient relationship. The stipulated adjudication is as follows: 1) Not allowing any person to perform tasks for which licensure is required as a veterinary technician (as listed in NAC 638.053) unless any such person is licensed as a veterinary technician or registered with the Board as a veterinary technician in training; 2) Receive this Public Letter of Reprimand which will be placed in the licensing file and noticed to the national disciplinary database; and 3) Pay attorney fees, investigative costs and Board costs, totaling $250.00 Motion: After discussion of the Letter of Reprimand, Dr. Schank moved to approve the Letter of Reprimand as presented. Second: Dr. Ailes Passed: Unanimously, Dr. Simmonds abstained 2
AS01-022706-H230 Letter of Reprimand-Animal Emerg. Center Discussion: The review panel found that there was sufficient evidence to proceed with disciplinary action and recommended discipline. The Public Letter of Reprimand stipulated to the following violation: 1) NAC 638.053 in that there were no procedures or policies in place to distinguish between the duties that unlicensed personnel could perform versus a licensed veterinary technician. The stipulated adjudication is as follows: 1) Not allowing any person to perform tasks for which licensure is required as a veterinary technician (as listed in NAC 638.053) unless any such person is licensed as a veterinary technician or registered with the Board as a veterinary technician in training; 2) To receive this Public Letter of Reprimand which will be placed in the licensing file for the Animal Emergency Center; 3) Pay attorney fees, investigative costs and Board costs, totaling $500.00; and 4) Be subject to random inspections at staff s discretion and at the hospital s expense. Motion: After discussion of the Letter of Reprimand, Dr. Ailes moved to approve the Letter of Reprimand as presented. Passed: Unanimously, Dr. Simmonds abstained B.BS01-021606 Consent Decree-Hany Botros, DVM Discussion: The review panel found that there was sufficient evidence to proceed with disciplinary action and recommended discipline. The Consent Decree stipulated to the following violations: 1) NAC 638.0475 the licensee failed to maintain adequate medical records. 2) NAC 638.047, neglect, in that the licensee did not have adequate records for two critical patients that were in his facility for 2 and ½ days that died while in his care. The stipulated adjudication is as follows: 1) Licensee s veterinary license is placed on a (1) one year probation with the following conditions: A) The licensee must take an additional three (3) hours of continuing education on the subject of critical care and 3
provide to the Board written proof of the completion of these hours by December 31, 2006. These hours must be over and above those that are required by state law. B) The licensee must take and pass the Nevada State Jurisprudence examination within 30 days of this notice. C) The licensee must attend the next scheduled Anatomy of a Complaint continuing education course that is offered in Las Vegas. D) Licensee s facility shall be subject to random inspections at staff s discretion and at Licensee s expense. E) Licensee shall pay investigative costs to the Board in the amount of $500.00. The costs are due and payable within 10 days of the effective date of this agreement. F) Licensee shall meet with the Board or its representatives upon request and shall cooperate with representatives in their supervision and/or investigation of compliance with terms and conditions of this agreement. Motion: After discussion of the Consent Decree, Dr. Simmonds moved to approve the Consent Decree as presented. Passed: Unanimously, Dr. Ailes abstained. C. HR01-032906 Letter of Reprimand, Maninder Herr, DVM Discussion: The review panel found that there was sufficient evidence to proceed with disciplinary action and recommended discipline. The Public Letter of Reprimand stipulated to the following violation: 1) NAC 638.053, in that the Licensee allowed nonlicensed personnel to perform animal health tasks that are specific to a licensed veterinary technician 2) NAC 638.0625(1)(a)(b) and NAC 638.063(2) in that endotracheal tubes were soaking in a contaminated solution and dental tools were not cleaned properly. The stipulated adjudication is as follows: 1) Not allowing any person to perform tasks for which licensure is required as a veterinary technician (as listed in NAC 638.053) unless any such person is licensed as a veterinary technician or registered with the Board as a veterinary technician in training; 2) To receive this public letter of reprimand which will be noticed to the national disciplinary database; 3) Pay attorneys fees, investigative costs and Board costs, totaling $250.00; 4) Take and pass the Nevada State Jurisprudence 4
Examination within 30 days of this notice; and 5) Attend the next scheduled Anatomy of a Complaint continuing education course that is offered in Las Vegas. Motion: After discussion of the Letter of Reprimand, Dr. Simmonds moved to approve the Letter of Reprimand as presented. Passed: Unanimously, Dr. Ailes abstained. D. GS01-032706 Motion: Dr. Ailes moved to dismiss. Passed: Unanimously, Dr. Simmonds abstained. E. HR02-002405 Motion: Dr. Simmonds moved to dismiss. Passed: Unanimously, Dr. Taylor abstained F. SR01-041806 Motion: Dr. Ailes moved to dismiss. Passed: Unanimously, Dr. Taylor abstained G. JS01-042406 Motion: Dr. Taylor moved to dismiss. 5
Passed: Unanimously. Dr. Schank abstained H. WS01-042506 Motion: Dr. Yach moved to dismiss. Second: Dr. Ailes Passed: Unanimously, Dr. Schank abstained. I. BS01-022906 Discussion: Mr. Kost was present and discussed the following concern with the Board: 1) Informed consent, in that he and his wife were not given enough information regarding their dogs condition or expected results. Specifically, they were never given a written estimate or informed of the prognosis of their animal. They felt that the lack of information regarding costs and treatment given was misleading and deceiving. The review panel recommended the Board dismiss the complaint with Board recommendations being sent to the veterinarian regarding the following: 1) That clear communication is essential when dealing with the client while updating them on treatment and costs. Motion: Dr. Ailes moved to dismiss/recommendations. Passed: Unanimously, Dr. Schank abstained. J. LS01-031106 Motion: Dr. Taylor moved to dismiss. Passed: Unanimously, Dr. Ailes abstained. K. WS01-022806 complaint with Board recommendations being sent to the veterinarian regarding the following: 1. When dispensing a controlled substance patch clients should be made aware of the risk if the patch fell off, or got stuck to, or swallowed by 6
another pet or child, it could result in an accidental exposure causing injury or death. Motion: Dr. Schank moved to dismiss/recommendations. Passed: Unanimously, Dr. Ailes abstained L. SS01-041206 Motion: Dr. Yach moved to dismiss. Second: Dr. Taylor Passed: Unanimously, Dr. Ailes abstained M. LS01-030606 complaint with Board recommendations being sent to the veterinarian regarding the following: 1.The medical records do not clearly indicate that recommendations or options were given in regards to treatment after receiving the blood work results. 2. That blood work or lab results are to be communicated to the client in a timely manner. 3. That computerized records cannot be altered, pursuant to NAC 638.0475 The computer records must be inalterable or clearly indicate when they have been altered and the manner in which they have been altered. Motion: Dr. Schank moved to dismiss/recommendations. Second: Dr. Simmonds Passed: Unanimously, Dr. Ailes abstained. N. Dr. Reilly-Discussion/Decision to modify Board Order Discussion: Dr. Reilly was present and requested that the Board modify the existing Board Order. Dr. Reilly had requested enrollment to several veterinary schools and they had denied his request to enroll in classes. The consensus of the Board was that Dr. Reilly should take and pass the Species Specific Examinations prior to the Board looking at alternative methods of complying with the practical aspects of the Board Order. Dr. Pennell, Dr. Taylor and Dr. Simmonds will provide the Board with alternatives at the September 2006 meeting. 7
*3. Continuing Education-Request for approval of CE's for: No business. *4. Deputy Attorney General Legal Report A. Open/Pending Complaints/Hearing Discussion: Mr. Marcher reported that there are no pending hearings. *5. Requests for Licensure A. Laura Colgin VTIT & Veterinary Technician Discussion: Laura Colgin submitted an application for veterinary technician in training/veterinary Technician based on her being a senior at UNR with the intent to graduate with a Bachelor of Science Degree in Biology. The Board reviewed her application and all submitted documentation. Motion: Dr. Schank moved to approve. Second: Dr. Ailes Passed: Unanimously, Dr. Simmonds abstained *6. Discussion of Regulations R-074-06 A. Re-defining of terms to clarify supervision levels for veterinary technicians and veterinary technicians in training. B. Disciplinary action for licensees who are non-compliant in meeting their continuing education requirement. C. Confidentiality of medical records. Dr. Pennell opened the workshop and hearing at 1:00 p.m. for questions and comments from the Board and the public. Discussion: Amend: 1) Sec. 5-7, NAC638.006-638.011, change the supervisor to the supervising veterinarian or the supervising veterinary technician. 2) Sec 5, NAC 638.006, omit on a range. 3) Sec. 8, NAC 638.013, change mobile to motor 4) Sec. 12, NAC 638.042, 10, add The institution of the Nevada System of Higher Education. 5) Sec. 15, NAC638.053, Move 2a, application of casts and splints to immediate or direct supervision and move 3d, Application of casts for the immobilization of fractures to immediate supervision. Public Comment: None Dr. Pennell closed the workshop and the hearing at 1:45 pm. 8
Motion: Dr. Simmonds moved to accept RO74-06 regulations with the above noted changes. Passed Unanimously 7. Executive Director Report A. Financial Report B. Administrative Report Discussion: Ms. Machen reviewed the Financials and the Administrative Report to the Boards satisfaction. *8. Discussion and Determination A. Status of accreditation for PIMA and CCSN Veterinary Technician programs. The Board reviewed the letter from the AVMA stating that the Committee on Veterinary Technician Education Activities (CVTEA) has granted full accreditation to the Community College of Southern Nevada and granted provisional accreditation to the PIMA Medical Institute in March of 2006. Nevada now has three AVMA accredited veterinary technician programs. B. Board approval for the CCSN certificate veterinary technician program. (alternative) Discussion: In 2005 the Board had approved the CCSN certificate veterinary technician program as a prerequisite for licensing until December of 2006. The AVMA has accredited the AS program in veterinary technology but can not consider the accreditation of the certificate program/distant learning until CCSN has been accredited for one year. The consensus of the Board was that there was still a need for the certificate program through out the state. Motion: Dr. Schank moved to approve the certificate of achievement program at CCSN and re-evaluate the program yearly to assess their progress in becoming accredited. Second: Dr. Ailes Passed: Unanimously Dr. Simmonds abstained 9
C. Increase fees for the Veterinary Technician National Examination to $140.00. The AAVSB is now the sponsor of the Veterinary Technician National Examination. The fee for the exam will increase to $110.00 in January of 2007 in order to continue with necessary improvements of the exam. Motion: Dr. Simmonds moved to increase the VTNE from #130.00 to $140.00 per applicant. Second: Dr. Ailes Passed: Unanimously D. Changes to the Policy manual- 1) NV003 & NV006 Repealed 2) NV004 Staff Benefits Sick Leave 3) NV009 NEW-Complaint process Motion: Dr. Ailes moved to accept changes to the above noted policies. Passed Unanimously E. Set examination fees for Species Specific Examination. Discussion: The cost to the Board for the Species Specific examination is presently 250.00/each examination. The charge to the applicant is $280.00/exam. Ms. Machen has asked the NBVME to reconsider the exam cost due to the quantity of exams that the board administers yearly. The NBVME Board meeting is at the end of June and their Board will consider reducing the exam fees. F. Articles for November newsletter Discussion: The Board newsletter is distributed in November with the yearly renewals. The following Board members and staff have agreed to write an article for the newsletter: Dr. Schank-multiple veterinarian practices/transferring of responsibility Dr. Chumrau-Informed Consent Dr. Ailes-verbal and non-verbal communication Dr. Yach-Out sourcing of services (cremation, radiology, pathology) Dr. Simmonds-Computer security Dr. Pennell-Dentistry Staff-veterinary technician schools-accredited vs. nonaccredited 10
G. Video vs. live board meetings Discussion: The consensus of the Board was that the video conference meetings would be appropriate once a year, but would like to continue with live meetings for hearings and the other three scheduled meetings each year. H. Set Board Meetings-September 7, 2006 & December 7, 2006 September 7, 2006-Reno December 7, 2006-video conference Carson City/Las Vegas. *9. Public Comment: None 10. Agenda items for next meeting: None 11. Adjournment Motion: Dr. Simmonds moved to adjourn at 3:35pm. Passed: Unanimously 11