MINUTES, North Carolina Veterinary Medical Board Asheville, North Carolina, June 27, 2012

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At 8:09 a.m., President Linwood Jernigan, D.V.M. called to order the regular meeting of the North Carolina Veterinary Medical Board. In attendance were the following Board members: Drs. Dwight E. Cochran, Kim Gemeinhardt, Richard Hawkins, David Marshall and Dante Martin; Mrs. Nancy Robinson, R.V.T., and Mrs. Katie Morgan. Also present were Board Attorneys Mr. George Hearn and Mr. Lee Craven. Executive Director, Mr. Thomas Mickey, was present as well. Dr. Jernigan reviewed with the Board the Governor s and the North Carolina State Ethics Commission statement on recognizing and avoiding conflicts of interest. On motion by Dr. Cochran, seconded by Mrs. Robinson, the minutes of the April 13, 2012 Board meeting were approved. On behalf of the N.C. Physicians Health Program (NCPHP), Dr. Jernigan presented an update of the status of the N.C. Veterinary Health Program (NCVHP) since the April 13, 2012, Board meeting. 1

Mr. Hearn advised the Board that the current six-month contract with the North Carolina Physicians Health Program (NCPHP) expires July 31, 2012. Following discussion, Dr. Gemeinhardt made a motion that Mr. Hearn prepare a new contract for the period August 1, 2012 through January 31, 2013 with the same terms and conditions as in the current contract; and obtain Mr. Mickey s approval; and have it executed by him and an authorized person at NCPHP; provided, the Board will review the new contract at its September 7 meeting. Mrs. Morgan seconded the motion. The motion passed unanimously. at 9:15 a.m. At 9:05 a.m., the Board recessed for a break and resumed the meeting The Board Investigator presented his report on activities since the last Board meeting. Jane A. Barber, DVM, MS, DACT, owner of the Veterinary Specialty Hospital at the Lake, appeared before the Board at 9:15 a.m. to discuss trans- 2

cervical insemination as it relates to the N.C. Veterinary Practice Act. Following the discussion, Dr. Barber left the meeting at 10:10 a.m. At 10:10 a.m., the Board recessed for a break and resumed the meeting at 10:25 a.m. The Board discussed the presentation by Dr. Barber and assigned the matter to the Committee on Investigations No. 5 for further review. Mr. Mickey reported on operational and administrative activities of the Board since the last Board meeting. He distributed a financial report which the Board reviewed and discussed with him. On motion by Dr. Cochran, seconded by Dr. Hawkins, the financial report was approved. At its April 13, 2012, meeting the Board reviewed a letter from Lisa Duff, DVM, requesting Board approval of her delivery of limited veterinary services via a mobile surgical suite trailer used in conjunction with stationary public or private buildings that would serve as a patient holding facilities. The Board determined that it needed additional information 3

concerning her post-recovery plans for patients and clarification of what she referred to as partnerships with government and/or animal welfare organizations. Mr. Mickey wrote to her requesting the information. Dr. Duff responded by letter of June 11, 2012. The Board reviewed her letter and Dr. Marshall made a motion that the Board find that her response established compliance with the Veterinary Practice Act. Dr. Gemeinhardt seconded the motion. The motion passed unanimously. The Board discussed the May 17, 2012 memorandum from the American Association of Veterinary State Boards (AAVSB) Bylaws and Resolution Committee concerning two proposed amendments to the AAVSB Bylaws. Dr. Marshall moved, seconded by Dr. Cochran, that it is the Board s position that Dr. Gemeinhardt, as the Board representative at the September, 2012 AAVSB meeting, vote for both amendments. The motion passed unanimously. The Board reviewed a draft of a records retention policy, prepared by Board staff with the assistance of the Government Records Branch of the Division of Archives and Records of the N.C. Department of Cultural 4

Resources. The Board discussed and revised the draft document. Upon motion by Mrs. Robinson, seconded by Dr. Cochran, the Board approved the policy as revised. The policy will now be submitted to the Department of Cultural Resources for approval. At 11:55 a.m., the Board recessed for a break and resumed the meeting at 12:25 p.m. Report of Committee on Investigations No. 1: 2011038-1 Laura Day Dvorak, DVM, Jordan Quinn Jaeger, DVM and Kimberly A. Sheaffer, DVM (Carolina Veterinary Specialists-Matthews) Mr. & Mrs. James Wicker Continued 2012003-1 Maria Theresa Zayas, DVM (Banfield Pet Hospital Winston-Salem) Ms. Melina Burns & Ms. Lara Faltemier Letter of Caution. 2012001-1 Margurette M. Straley, DVM (Freedom Animal Hospital) Ms. Norma Singleton-Messer Letter of Caution. 5

Upon motion by Dr. Martin, seconded by Dr. Cochran, the Board approved the report of Committee on Investigations No. 1. Report of Committee on Investigations No. 5: 2012005-5 Thomas M. Hemstreet, DVM (LakeCross Veterinary Hospital) Ms. Ilana Jones Dismissed, no probable cause. 2012004-5 James Maddry Harrell, DVM (Reidsville Veterinary Hospital) Ms. Megan Bliesner Letter of Caution. 2012007-5 John T. Manolukas, DVM (Cliffdale Animal Hospital) Ms. Ashley Million & Mr. Joshua Warehime Complaint withdrawn by Ms. Million & Mr. Warehime. 2012009-5 Roxanne K. Taylor, DVM (Bridges Professional Park Animal Hospital) Ms. Mary Anne Olsen & Mr. Ray Luce Letter of Caution. 6

Upon motion by Dr. Marshall, seconded by Dr. Gemeinhardt, with Dr. Jernigan having recused himself with respect to voting on the Committee s report relating to the Dr. Thomas M. Hemstreet (complaint No. 2012005-5) and relating to Dr. James M. Harrell (complaint No. 2012004-5), the Board approved the report of Committee on Investigations No. 5. The Nominations Committee reported the following nominations for officers for the year July 1, 2012 through June 30, 2013: Dr. Hawkins, President; Dr. Martin, Vice-President; and Dr. Marshall, Secretary- Treasurer. Upon motion by Mrs. Robinson, seconded by Mrs. Morgan, the Board elected by acclamation Dr. Hawkins, Dr. Martin and Dr. Marshall to their respective offices for 2012-2013. Upon motion of Dr. Marshall, seconded by Dr. Gemeinhardt, the expenses for this Board meeting were approved. 7

The Board having no further business, upon motion of Dr. Gemeinhardt, seconded by Dr. Hawkins, the meeting was adjourned at 1:45 p.m. Respectfully Submitted, Thomas M. Mickey Executive Director 8