1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MINUTES Board of Veterinary Medicine Casa Monica Hotel 95 Cordova Street St. Augustine, FL 34747 CALL TO ORDER Dr. O Neil, Chair called the meeting to order at 8:00 a.m. MEMBERS PRESENT Dr. Robert O Neil, Chair Dr. Nanette Parratto-Wagner, Vice Chair Dr. Robert B. Leonard, Jr. Dr. Terry Spencer Dr. Robert R. Hase, Jr. Suzanne S. Inzina Connie Johnson MEMBERS ABSENT None OTHERS PRESENT Juanita Chastain, Executive Director Clark Jennings, Board Counsel Elizabeth Henderson, Prosecuting Attorney Linda Tinsley, Government Analyst Ruthanne Christie, Staff American Court Reporting, 407.896.1813 Phil Hinkle, FVMA Stephen Shores, DVM Don Morgan, DVM Darry Griebel, DVM Stacey Bradley, DVM Jeff Peters Casey Jones, DVM Orlando Paraliticci, DVM Betty Marion Page 1
46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 James Hill, DVM Sheri Cone, DVM Kim Voisine, DVM Tanya Krusko, DVM Yvette Vinton, DVM Alfonso Paredes, DVM Ram Prasad, DVM Staci Cannon, DVM Rachel Witt, DVM Carrie Anderson PROBATION ROLL CALL Dr. O Neil asked Ms. Tinsley to call the roll. Dr. Oroski and Dr. Pomales were absent. Dr. O Neil advised the board that Dr. Oroski s license had been suspended. APPROVAL OF SEPTEMBER 3, 2014 MEETING MINUTES MOTION: Dr. Parratto-Wagner made a motion to approve the minutes as printed. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. Dr. O Neil introduced Ruthanne Christie as the new Executive Director. Ms. Chastain stated Ms. Christie had been with the department for many years and she stated that she was leaving the board in very capable hands. Ms. Chastain asked the board to take a vote to approve Ms. Christie. MOTION: Ms. Johnson made a motion to approve Ms. Christie as the new Executive Director. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. DISCIPLINARY HEARINGS Mark Faldzinski, DVM: Case number 2013-004341 Dr. Faldinski was not present at the meeting and was not represented by counsel. Dr. Hase was recused due to his participation on the probable cause panel. Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent s license was acted upon in Virginia and he failed to report it to the board. Ms. Henderson advised the board that Page 2
90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 the recommended penalty was a fifteen hundred dollar ($1500.00) fine, One hundred forty nine dollars and eighty three cents ($149.83) in costs. After discussion by the board the following motions were made MOTION: Dr. Parratto-Wagner made a motion to adopt the findings of fact and conclusions of law as the findings of fact and conclusion s of law of the board. MOTION: Dr. Parratto Wagner made a motion to impose a fifteen hundred dollar ($1500.00) fine, One hundred forty nine dollars and eighty three cents ($149.83) in costs. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. Jose Jimenez, DVM: Case number 2012-051981 Dr. Jimenez was not present at the meeting and was not represented by counsel. Ms. Henderson advised the board that Dr. Jimenez had requested an informal hearing when he signed the election of rights form. He had entered into a settlement stipulation. Mr. Jennings advised the board Dr. Jimenez had asked for a second continuance and it was denied by the Chair. He stated that the board could reject the settlement stipulation and continue as an informal hearing. MOTION: Ms. Johnson made a motion to reject the settlement stipulation. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent failed to provide proof of continuing education. Ms. Henderson advised the board that the recommended penalty was a five hundred ($500.00) fine, two hundred and fifty nine dollars and twelve cents ($259.12) in costs and one (1) year probation. After discussion by the board the following motions were made. MOTION: Dr. Hase made a motion to adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Page 3
135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 MOTION: Dr. Spencer made a motion to impose a one thousand dollar ($1,000.00) fine and two hundred and fifty nine dollars and twelve cents ($259.12) in costs and one (1) year probation, four (4) board appearances and proof of continuing education from the renewal period. Don Price, DVM: Case number 2013-015191 Dr. Price was not present at the meeting and was not represented by counsel. Dr. Hase was recused due to his participation on the probable cause panel. Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent was negligent and failed to keep contemporaneously written medical records. Ms. Henderson advised the board that the department recommended a four thousand dollar ($4,000) fine, one thousand four hundred and eighty six dollars and seventy one cents ($1,486.71) in costs and two (2) year probation. After discussion by the board the following motions were made. MOTION: Dr. Parratto-Wagner made a motion to adopt the findings of fact and conclusions of law as the findings of fact and conclusion s of law of the board. MOTION: Dr. Parratto-Wagner made a motion to impose a four thousand dollar ($4,000) fine, one thousand four hundred and eighty six dollars and seventy one cents ($1,486.71) in costs and two (2) year probation. Nicole Paige Worshum, DVM: Case number 2014-002751 Dr. Worshum was not present at the meeting and was nor represented by counsel. Dr. Hase was recused due to his participation on the probable cause panel. Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent had action taken against her license in another jurisdiction. Ms. Henderson advised the board that the Page 4
180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 department recommended a twelve hundred dollar ($1,200.00) fine and one hundred and twenty one dollars and seventy one cents ($121.71) in costs. After discussion by the board the following motions were made. MOTION: Dr. Parratto-Wagner made a motion to adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. MOTION: Dr. Parratto-Wagner made a motion to impose a twelve hundred dollar ($1,200.00) fine and one hundred and twenty one dollars and seventy one cents ($121.71) in costs. Joseph Zerrilli, DVM: Case number 2013-043365 The case was continued until the March 2015 board meeting. Thomas Fish, DVM: Case number 2012-042992 Dr. Fish was present at the meeting and was represented by counsel, Mr. Tanenbaum. Dr. Fish was sworn in by the court reporter. Dr. Ziegler from PRN was sworn in by the court reporter. Dr. Ziegler advised the board that Dr. Fish had signed a PRN contract. the board that the administrative complaint alleges the respondent prescribed and made available for human use medicinal drugs. Ms. Henderson advised the board that the department recommended two hundred and twenty four dollars and sixty three cents ($224.63) in costs, voluntary inactivation of his license and probation to run concurrent with his PRN contract. After discussion by the board the following motion was made. MOTION: Dr. Hase made a motion to accept the settlement stipulation and terms of probation would be to attend all board meetings Orlando north. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. Page 5
225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 Gregory Bonenclark, DVM: Case number 2013-026134 Dr. Bonenclark was present at the meeting and was represented by counsel, Jeff Peters. Dr. Bonenclark was sworn in by the court reporter. the board that the administrative complaint alleges the respondent had expired drugs mixed with unexpired drugs. Ms. Henderson advised the board that the department recommended a one thousand dollar ($1,000.00) fine and one hundred and forty three dollars and eighty four cents ($143.84) in costs. After discussion by the board the following motion was made. MOTION: Dr. Hase made a motion to accept the settlement stipulation as presented. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. Sheri Cone, DVM: Case number 2011-006085 Dr. Cone was present at the meeting and was represented by counsel, George Brew. Dr. Cone was sworn in by the court reporter. Dr. Hase was recused due to his participation on the probable cause panel. the board that the administrative complaint alleges the respondent was incompetent and failed to keep contemporaneously written medical records. Ms. Henderson advised the board that the department recommended dismissal of count one (1) a two thousand dollar ($2,000.00) fine, one thousand one hundred and twenty three dollars and sixty eight cents ($1,123.68) in costs and probation until fine and costs are paid. After discussion by the board the following motions were made. MOTION: Dr. Parratto-Wagner made a motion to reject the settlement stipulation. MOTION: Dr. Parratto-Wagner made a motion to offer a counter settlement of one thousand one hundred and twenty three dollars and sixty eight cents ($1,123.68) in costs a one thousand seven hundred and fifty dollars ($1,750.00) fine, two (2) year probation with two (2) board appearances per year and five (5) hours of continuing education in anesthesia. Page 6
270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 SECOND: Dr. Spencer seconded the motion and the motion passed unanimously. Dr. Cone accepted the counter settlement. Darry Griebel, DVM: Case number 2013-021913 Dr. Griebel was present at the meeting and represented by counsel. Dr. Griebel was sworn in by the court reporter. the board that the administrative complaint alleges the respondent sold ketamine for human use. Ms. Henderson advised the board that the department recommended a three thousand dollar ($3,000.00) fine, four hundred and eighty nine dollars and fifty two cents ($489.52) in costs, two (2) year probation and stayed suspension as long as respondent is in compliance. After discussion by the board the following motions were made. MOTION: Ms. Johnson made a motion to reject the settlement stipulation. SECOND: Dr. Leonard seconded the motion and the motion passed unanimously. MOTION: Dr. Spencer made a motion to offer a counter settlement of a three thousand dollar ($3,000.00) fine, four hundred and eighty nine dollars and fifty two cents ($489.52) in costs, five (5) year probation and stayed suspension as long as respondent is in compliance, two (2) board appearances per year, PRN evaluation and four (4) hours of continuing education in pharmacy. SECOND: Dr. Hase seconded the motion. The motion passed with Dr. Leonard and Dr. O Neil opposed. Hakim Hamici, DVM: case number 2013-001836 Dr. Hamici was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Hamici was sworn in by the court reporter. the board that the administrative complaint alleges the respondent failed to keep Page 7
315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 contemporaneously written medical records. Ms. Henderson advised the board that the department recommend a five hundred dollar ($500.00) fine, six hundred and eighty three dollars and seventy five cents ($683.75) in costs and one (10 year probation. After discussion by the board the following motion was made. MOTION: Dr. Hase made a motion to accept the settlement stipulation as presented. SECOND: Dr. Spencer seconded the motion and the motion passed unanimously. Amanda Ziegler, DVM: Case number 2012-044575 Dr. Ziegler was present and was represented by counsel, Bryan Reynolds. Dr. Ziegler was sworn in by the court reporter. the board that the administrative complaint alleges the respondent was negligent. Ms. Henderson advised the board the department recommended a reprimand and seven hundred and sixteen dollars and ninety nine cents ($716.99) in costs. After discussion by the board the following motions were made. MOTION: Dr. Hase made a motion to reject the settlement stipulation. SECOND: Dr. Spencer seconded the motion and the motion passed unanimously. MOTION: Dr. Hase made a motion to dismiss the case. SECOND: Dr. Leonard seconded the motion and the motion passed unanimously. James Hill, DVM: Case number 2013-005096 Dr. Hill was present at the meeting and was represented by counsel, Betty Marion. Dr. Hill was sworn in by the court reporter. Dr. Hase was recused due to his participation on the probable cause panel. the board that the administrative complaint alleges the respondent was negligent. Ms. Henderson advised the board that the department recommended a nine hundred and eighty six dollars and ninety four cents ($986.94) in costs and a reprimand. After discussion by the board the following motion was made. Page 8
360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 MOTION: Dr. Parratto-Wagner made a motion to accept the settlement stipulation as presented. SECOND: Ms. Inzina seconded the motion and the motion passed unanimously. Casey Jones, DVM: Case numbers 2012-033461 & 2012-024047 Dr. Jones was present at the meeting and was not represented by counsel. He was sworn in by the court reporter. Ms. Henderson presented the case as a settlement stipulation. She stated the department would like to consolidate the two (2) cases. Ms. Henderson advised the board that the administrative complaints allege the respondent was negligent and failed to create a veterinarian client patient relationship and failed to keep contemporaneously written medical records. Ms. Henderson advised the board that the department recommended one thousand five hundred and thirty dollars and twenty cents ($1530.20) in costs, two thousand dollar ($2,000.00) fine and two (2) year probation for the combined cases. After discussion by the board the following motions were made. MOTION: Dr. Leonard made a motion to reject the consolidation of the two (2) cases. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. MOTION: Dr. Leonard made a motion to reject and dismiss case number 2012-033461. SECOND: Dr. Hase seconded the motion. Dr. O Neil asked Ms. Tinsley to call the roll. Tie vote the motion failed. MOTION: Dr. Leonard made a motion to reject the settlement stipulation. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. MOTION: Dr. Leonard made a motion to reject counts one (1) and three (3). SECOND: Dr. Hase seconded the motion. Page 9
405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 Dr. O Neil asked Ms. Tinsley to call the roll motion passed with Dr. O Neil opposed. MOTION: Dr. Leonard made a motion to offer a counter of a five hundred dollar ($500.00) fine, five hundred sixty four dollars and four cents ($564.04) in costs, one (1) year probation and two (2) hours of continuing education in pharmacy. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. Dr. Jones accepted the counter offer. MOTION: Dr. Spencer made a motion to accept the settlement stipulation for case number 2012-024047 and add two hours of continuing education in ophthalmology. Tanya Aleksa Krusko, DVM: Case number 2013-021815 Dr. Krusko was present at the meeting and was not represented by counsel. Dr. Krusko was sworn in by the court reporter. the board that the administrative complaint alleges the respondent failed to comply with a final order. Ms. Henderson advised the board that the department recommended a two thousand dollar ($2,000.00) fine and two hundred and twenty four dollars and seventy cents ($224.70) in costs. After discussion by the board the following motion was made. MOTION: Dr. Leonard made a motion to accept the settlement stipulation as presented. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. The board stated that continuing education was to be approved by Dr. Hase. Troy Looper, DVM: case number 2013-006531 Dr. Looper was present at the meeting and was represented by counsel, Mr. Ted Schatt. Dr. Looper was sworn in by the court reporter. Dr. Hase was recused due to his participation on the probable cause panel. Page 10
450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 the board that the administrative complaint alleges the respondent was negligent and failed to keep contemporaneously written medical records. Ms. Henderson advised the board the department recommended a four thousand dollar ($4,000.00) fine, one thousand two hundred and forty one dollars and ninety four cents ($1,241.94) in costs and one (1) year probation. After discussion by the board the following motions were made. MOTION; Dr. Parratto-Wagner made a motion to reject the settlement stipulation and offer a counter settlement of five (5) hours of continuing education in pharmacology and six (6) hours in equine gastroenology, two (2) year probation with one (1) board appearance per year and a four thousand dollar ($4,000.00) fine, one thousand two hundred and forty one dollars and ninety four cents ($1,241.94) in costs. SECOND: Ms. Inzina seconded the motion. Continuing education to be approved by Dr. Parratto-Wagner. Dr. O Neil asked Ms. Tinsley to call the roll. Motion passed unanimously. Dr. Looper accepted the counter settlement. Yvette Vinton, DVM: Case number 2013-032660 Dr. Vinton was present at the meeting and was represented by counsel, Ed Bayo. Dr. Vinton was sworn in by the court reporter. Dr. Hase was recused due to his participation on the probable cause panel. the board that the settlement stipulation alleges the respondent was negligent and failed to keep contemporaneously written medical records. Ms. Henderson advised the board that the department recommended a one thousand dollar ($1,000.00) fine, one thousand nineteen dollars and thirty two cents ($1,019.32) in costs and one (1) year probation. After discussion by the board the following motion was made. MOTION: Dr. Parratto-Wagner made a motion to accept the settlement stipulation as presented. SECOND: Dr. Leonard seconded the motion and the motion passed unanimously. Page 11
495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 Fritz Robert Weeren, DVM: case number 2013-027684 Dr. Weeren was present at the meeting and was represented by counsel, Ed Bayo. Dr. Weeren was sworn in by the court reporter. Dr. Hase was recused due to his participation on the probable cause panel. the board that the administrative complaint alleges the respondent had his license acted upon by the Maryland board and he failed to report it to the Florida board. Ms. Henderson advised the board that the department recommended a seven hundred and fifty dollar ($750.00) fine and one hundred and fifty three dollars and one cent ($153.01) in costs. After discussion by the board the following motion was made. MOTION: Dr. Parratto-Wagner made a motion to accept the settlement stipulation as presented. SECOND: Ms. Inzina seconded the motion. The motion passed with Dr. O Neil opposed. Monitoring Agreement Gregory Murray, DVM Dr. Murray was present at the meeting and was represented by counsel, Ed Bayo. Dr. Murray was sworn in by the court reporter. Mr. Bayo advised the board that Dr. Murray had been evaluated by PRN and he is fit to practice twenty hours (20) per week. He stated that Dr. Silvia De Valle understands her duties as Dr. Murray s monitor. Dr. Ziegler advised the board that Dr. Murray was in compliance with his contract and was safe to practice. She advised the board that his contract runs as long as he is licensed. MOTION: Dr. Hase made a motion to approve Dr. Silvia De Valle as Dr. Murray s monitor and reinstate his license. SECOND: Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. Motion for Waiver of Rights and Final Order Page 12
540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 George Kraft, DVM: Case number 2013-039258 Dr. Kraft was not present at the meeting and was not represented by counsel. Ms. Henderson presented the case as a Motion for Waiver of Rights and Final Order. She stated he was served by publication. She stated that the administrative complaint alleges the respondent failed to comply with a final order of the board. She stated that the respondent s license is null & void. She stated the respondent was suffering from advanced dementia. After discussion by the board the following motion was made. MOTION: Ms. Inzina made a motion to dismiss the case and consider the old case in compliance. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. DISCUSSION Proposed Amendment to Continuing Education Rule Mr. Cushing, an attorney, addressed the board and asked them to consider the North American Veterinary Conference, the Western Conference and AHHA as automatic approval of continuing education providers. After discussion by the board the following recommendation was made. The board stated that continuing education would be accepted from the national organizations without a rule change. PROBATION Stacey Elizabeth Bradley, DVM Dr. Bradley was present at the meeting and was sworn in by the court reporter. MOTION: Dr. Parratto-Wagner made a motion to accept Dr. Bradley s probation appearance. Ted Joseph Oroski, DVM Page 13
585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 Dr. O Neil advised the board that Dr. Oroski s license had been suspended. Orlando Paraliticci, DVM MOTION: Dr. Parratto-Wagner made a motion to accept Dr. Paraliticci s probation appearance. Alfonso Paredes, DVM Dr. Paredes was present at the meeting and was sworn in by the court reporter. MOTION: Dr. Parratto-Wagner made a motion to accept Dr. Paredes s probation appearance. Hiram Pomales, DVM Ms. Chastain advised the board that Dr. Pomales called the board office and he had a family emergency. MOTION: Dr. Hase made a motion to postpone his appearance until the March 2015 meeting. Ram Prasad, DVM Dr. Prasad was present at the meeting and was sworn in by the court reporter. MOTION: Dr. Parratto-Wagner made a motion to accept Dr. Prasad s probation appearance. SECOND: Dr. Hase seconded the motion and the motion passed unanimously. Kimberly Voisine, DVM Dr. Voisine was present at the meeting and was sworn in by the court reporter. MOTION: Dr. Hase made a motion to accept Dr. Voisine s probation appearance. SECOND: Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. Page 14
630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 RATIFICATION OF APPLICATIONS Licenses MOTION: Dr. Parratto-Wagner made a motion to accept the licensure list. Continuing Education MOTION: Dr. Hase made a motion to accept the continuing education list. SECOND: Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. REPORTS Executive Director Juanita Chastain Ms. Chastain reviewed the financial report with the board. Board counsel Clark Jennings Mr. Jennings asked the board to instruct him to initiate rule development on some rule changes relating to the board s references to AVMA approved forms of euthanasia. He stated he wanted to modify the rule to add a hyperlink to the AVMA web site. MOTION: Dr. Parratto-Wagner made a motion to instruct board counsel to initiate rule development. Prosecuting Attorney Elizabeth Henderson Ms. Henderson reviewed her report with the board. Board Chair Dr. Robert O Neil Dr. O Neil asked if a physical exam had to be done prior to euthanizing a horse. Ms. Henderson stated that anytime you treat an animal you must conduct an exam. OLD BUSINESS No old business. Page 15
675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 NEW BUSINESS No new business. PUBLIC COMMENT No public comment. PROBATION ROLL CALL Ms. Tinsley called the roll and all were present. ADJOURN MOTION: Dr. Hase made a motion to adjourn the meeting. The meeting adjourned at 12:34 P.M. Page 16