MINUTES Board of Veterinary Medicine Bohemian Hotel, Celebration 700 Bloom Street Celebration, FL 34747 CALL TO ORDER Dr. O Neil Chair called the meeting to order at 8:01 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 American Court Reporting, 407.896.1813 Phil Hinkle, FVMA Walter Kallenbach, DVM Ram a. Prasad, DVM Brad Hill, DVM Al Paredes, DVM Richard M. Carpenter, DVM Marci Simpson, DVM Aurelio Roa, DVM Gene Rinderknecht, DVM pg. 1
Daniel Otero, DVM Eric Herman, DVM Ted Oroski, DVM Jerry H. Johnson, DVM Andrew Newman, DVM Jennifer Moller, DVM Amanda Goddard Scott Swerdlin, DVM Richard Smith, DVM Stuart Sobol, DVM J. Mikolaitis Sandy Gosslin Hiram Pomales, DVM Edward Griffith PROBATION ROLL CALL Dr. O Neil asked Ms. Tinsley to call the roll all were present. APPROVAL OF JUNE 3, 2014 MEETING MINUTES Dr. Leonard advised the board that line 109 of the minutes had the wrong case number. Ms. Tinsley stated that she would correct it. Ms. Johnson made a motion to approve the minutes as corrected. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. DISCIPLINARY HEARINGS Jerry Johnson, DVM: Case number 2013-004341 Dr. Johnson 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 an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent kept expired and current medications within the same area and failed to provide a secure cabinet for his controlled substance log. Ms. Henderson advised the board that the recommended penalty was a one thousand dollar ($1,000.00) fine, one thousand five hundred and eighty six dollars ($1,586) in costs and one (1) year probation. pg. 2
After discussion by the board the following motions were made. Dr. O Neil recused himself from the hearing and Dr. Hase conducted the hearing. Dr. Leonard made a motion to accept the findings of fact as the findings of fact of the board. Ms. Inzina seconded the motion and the motion passed unanimously. Dr. Leonard made a motion to accept the conclusions of law as the board s conclusions of law. Dr. Spencer seconded the motion and the motion passed unanimously. Dr. Leonard made a motion to impose a one thousand dollar ($1,000.00) fine, one thousand five hundred and eighty six dollars ($1,586) in costs and one (1) year probation. Dr. Spencer seconded the motion and the motion passed unanimously. Allison Lurie, DVM: Case number 2012-038213 Dr. Lurie was not present at the meeting and was not represented by counsel. Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent was unable to practice veterinary medicine with reasonable skill or safety due to substance abuse. Ms. Henderson advised the board that the recommended penalty was three hundred and twenty seven dollars and fifty five cents ($327.55) in costs and for the board to accept the voluntary relinquishment of her license. After discussion by the board the following motions were made. Dr. Hase made a motion to accept the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Ms. Inzina seconded the motion and the motion passed unanimously. Ms. Johnson made a motion to impose three hundred and twenty seven dollars and fifty five cents ($327.55) in costs and to accept the voluntary pg. 3
relinquishment of her license and if she reapplies for a license she must have a PRN evaluation. Ms. Inzina seconded the motion and the motion passed unanimously. Luv My Pet: Case number 2012-050665 Ms. Amanda Goddard was present at the meeting and was not represented by counsel. She was sworn in by the court reporter. 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 failed to keep contemporaneously written medical records and failed to provide a list of facilities for emergency services. Ms. Henderson advised the board that the recommended penalty was a four thousand dollar ($4,000.00) fine, three hundred and eighty two dollars and fifty five cents ($382.55) in costs and one (1) year probation. After discussion by the board the following motions were made. Dr. Parratto-Wagner made a motion to accept the findings of fact as the findings of fact of the board. Ms. Inzina seconded the motion and the motion passed unanimously. Dr. Parratto-Wagner made a motion to accept the conclusions of law as the conclusions of law of the board. Dr. Parratto-Wagner made a motion to impose a two thousand dollar ($2,000.00) fine, three hundred and eighty two dollars and fifty five cents ($382.55) in costs and two (2) years probation. Dr. Spencer seconded the motion and the motion passed unanimously. Andrew Newman, DVM: case number 2013-039246 Dr. Newman was present at the meeting and was not represented by counsel. He was sworn in by the court reporter. pg. 4
Ms. Henderson presented the case as an informal hearing. Ms. Henderson advised the board that the administrative complaint alleges the respondent failed to comply with a final order. Ms. Henderson advised the board that the recommended penalty was a two thousand dollar ($2,000.00) fine, seventy three dollars ($73.83) in costs, six (6) months suspension and two (2) years probation. After discussion by the board the following motions were made. Dr. Spencer made a motion that there were no disputed issues of material fact. Dr. Hase seconded the motion and the motion passed unanimously. Dr. Hase made a motion to accept the findings of fact as the findings of fact of the board. Ms. Inzina seconded the motion and the motion passed unanimously. Dr. Hase made a motion to accept the conclusions of law as the conclusions of law of the board. Dr. Spencer seconded the motion and the motion passed unanimously. Dr. Hase made a motion to impose a two thousand dollar ($2,000.00) fine, seventy three dollars and eighty three cents ($73.83) in costs, to pay prior costs and fines of four thousand six hundred fifty five dollars and seventy seven cents ($4,655.77), two year suspension stayed as long as monthly installment is made and terms and conditions of probation are met. Two (2) years probation and attend two (2) board meetings annually and take and pass the laws and rules exam and obtain four hours of continuing education in surgery approved by Dr. Hase. Dr. Spencer seconded the motion. Dr. O Neil asked Ms. Tinsley to call the roll. The motion passed with Dr. O Neil opposed. Joseph Zerilli, DVM: Case 2013-043365 The case was continued until the December 2014 board meeting. Jose Jimenez, DVM: Case number 2012-051981 Dr. Hase made a motion to table the case until the December 2014 board meeting. pg. 5
Mario Cabrera, DVM: Case number 2012-018341 Dr. Cabrera was present at the meeting and was represented by counsel, Brian Costa. Dr. Cabrera was sworn in by the court reporter. the board that the administrative complaint alleges the respondent failed to practice veterinary medicine with competence and failed to keep contemporaneous, accurate and complete medical records. Ms. Henderson advised the board that the department recommended a five hundred dollar ($500.00) fine and eight hundred and five dollars and seventy one cents ($805.71) in costs. After discussion by the board the following motions were made. Dr. Leonard made a motion to reject the settlement stipulation. Dr. Hase seconded the motion and the motion passed unanimously. Dr. Leonard made a motion to offer a counter settlement of a three thousand dollar ($3,000.00) fine and eight hundred and five dollars and seventy one cents ($805.71) in costs and two (2) years probation. Dr. Hase seconded the motion and the motion passed unanimously. Dr. Cabrera rejected the counter offer and requested a formal hearing. Sheri Cone, DVM: Case number 2011-006085 The case was tabled until the December 2014 board meeting. Tanya Krusko, DVM: Case number 2013-021815 Dr. Hase made a motion to continue the case until the December 2014 board meeting. Stuart Sobel, DVM: Case number 2012-045869 Dr. Sobel was present at the meeting and was represented by counsel, Dina Contri. Dr. Sobel was sworn in by the court reporter. pg. 6
Ms. Henderson presented the case as a settlement stipulation. Ms. Henderson advised the board that the administrative complaint alleges the respondent failed to maintain contemporaneous, accurate and complete medical records. Ms. Henderson advised the board that the department recommended a fifteen hundred dollar ($1,500.00) fine, six hundred and twenty nine dollars and eleven cents ($629.11) in costs and six (6) months probation. Dr. Spencer made a motion to accept the settlement stipulation as presented. Ms. Inzina seconded the motion and the motion passed unanimously. Scott J. Swerdlin, DVM: case number 2013-018218 Dr. Swerdlin was present at the meeting. His attorney was not present and he advised the board that he would move forward without his attorney present. Dr. Swerdlin was sworn in by the court reporter. the board that the administrative complaint alleges the respondent had action taken against his veterinary license by the Department of Agriculture. Ms. Henderson advised the board that the department recommended a one thousand dollar ($1,000.00) fine and three hundred and seventeen dollars and forty three cents ($317.43) in costs. Dr. Hase made a motion to accept the settlement stipulation as presented. Dr. Spencer seconded the motion and the motion passed unanimously. Paul Gartenberg, DVM: Case number 2012-040893 Dr. Gartenberg was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Gartenberg was sworn in by the court reporter. the board that the administrative complaint alleges the respondent was guilty of incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a two pg. 7
thousand dollar ($2,000.00) fine, one thousand four hundred and thirty three dollars and ninety five cents ($1433.95) in costs and one (1) year probation. After discussion by the board the following motions were made. Dr. Spencer made a motion to accept the settlement stipulation. Motion dies due to lack of a second. Dr. Hase made a motion to reject the settlement stipulation. Dr. Hase made a motion to offer a counter settlement of a five hundred dollar ($500.00) fine, one thousand four hundred and thirty three dollars and ninety five cents ($1433.95) in costs and one (1) year probation with one (1) board appearance and submission of medical records to be reviewed by Dr. Leonard. Dr. O Neil seconded the motion and the motion passed unanimously. Dr. Gartenberg accepted the counter offer. Daniel Otero, DVM: Case number 2012-014552 Dr. Otero was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Otero was sworn in by the court reporter. the board that the administrative complaint alleges the respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a prudent veterinarian as being acceptable under similar conditions and circumstances. Ms. Henderson advised the board that the department recommended a reprimand. Dr. Spencer made a motion to reject the settlement stipulation. Dr. O Neil seconded the motion. The motion passed with Dr. Hase and Ms. Inzina opposed. pg. 8
Dr. Spencer made a motion to offer a counter settlement of a one thousand dollar ($1,000.00) fine and one thousand three hundred and ninety eight dollars, fifteen cents ($1,398.15) in costs and a reprimand. Ms. Johnson seconded the motion. Dr. O Neil asked Ms. Tinsley to call the roll and the motion passed with Dr. Hase and Ms. Inzina opposed. Mr. Reynolds advised the board that they needed sixty (60) days to accept or reject. The board allowed sixty (60) days to accept or reject the counter offer. Richard Smith, DVM: Case number 2012-016259 Dr. Smith was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Smith was sworn in by the court reporter. the board that the administrative complaint alleges the respondent was guilty of incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a two thousand dollar ($2,000.00) fine, one thousand two hundred and twenty six dollars and one cent ($1,226.01) in costs, one (1) year probation and dismissal of count one (1). Dr. Spencer made a motion to accept the settlement stipulation as presented. Carlos Adrian Carabajal, DVM: Case number 2012-017204 Dr. Carabajal was present at the meeting and was represented by counsel, Ed Bayo. Dr. Carabajal was sworn in by the court reporter. Dr. O Neil recused himself. Dr. Hase conducted the hearing. the board that the administrative complaint alleges the respondent is guilty of pg. 9
incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a two thousand dollar ($2,000.00) fine, one thousand four hundred dollars and nine cents ($1,400.09) in costs and one (1) year probation. Dr. Spencer made a motion to accept the settlement stipulation as presented. Ms. Inzina seconded the motion. The motion passed with Dr. Leonard opposed. Richard Carpenter, DVM: Case number 2013-009386 Dr. Carpenter was present at the meeting and was represented by counsel Ed Bayo. Dr. Carpenter was sworn in by the court reporter. Dr. Hase recused himself from the hearing. the board that the administrative complaint alleges the respondent is guilty of incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a fifteen hundred dollar ($1,500.00) fine, three hundred and sixty three dollars and fifty three cents ($363.53) in costs and two (2) hours of continuing education in record keeping. Dr. Leonard made a motion to accept the settlement stipulation as presented. Marci Simpson, DVM: Case number 2013-009186 Dr. Simpson was present at the meeting and was represented by counsel, Ed Bayo. Dr. Simpson 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 that the respondent is guilty of pg. 10
incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a fifteen hundred dollar ($1,500.00) fine, three hundred and sixty three dollars and fifty three cents ($363.53) in costs and two (2) hours of continuing education in record keeping. After discussion by the board the following motions were made. Dr. Parratto-Wagner made a motion to reject the settlement stipulation. Dr. Leonard seconded the motion and the motion passed unanimously. Dr. Parratto-Wagner made a motion to offer a counter settlement of one (1) hour of continuing education in pharmacology and one (1) hour of continuing education in radiology in addition to all terms in the settlement stipulation. Edward Griffith, DVM: Case number 2012-025512 Dr. Griffith was present at the meeting and was represented by counsel, Ed Bayo. Dr. Griffith was sworn in by the court reporter. the board that the administrative complaint alleges that the respondent is guilty of incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a two thousand dollar ($2,000.00) fine, five hundred and fifty five dollars and eighty nine cents ($555.89) in costs and one (1) year probation. Dr. Hase made a motion to accept the settlement stipulation and respondent shall obtain two (2) hours of continuing education in pharmacology. Orlando Paraliticci, DVM: case number 2013-005834 & 2013-027000 Dr Paraliticci was present at the meeting and was represented by counsel, Ed Bayo. Dr. Paraliticci was sworn in by the court reporter. pg. 11
Dr. Hase and Dr. Parratto-Wagner were recused due to their participation on the probable cause panel. the board that the administrative complaint alleges that the respondent is guilty of incompetence and failed to maintain contemporaneous, accurate, and complete medical records. Ms. Henderson advised the board that the department recommended a four thousand dollar ($4,000.00) fine, one thousand two hundred and thirty four dollars and fifty nine cents ($1,234.59) in costs, thirty (30) day suspension and one (1) year probation. Dr. Leonard made a motion to reject the settlement stipulation. Dr. O Neil made a motion to offer a counter settlement of a four thousand dollar ($4,000.00) fine, one thousand two hundred and thirty four dollars and fifty nine cents ($1,234.59) in costs, forty five (45) day suspension and two (2) year probation and take and pass the laws and rules exam within ninety (90) days. During the first year of probation respondent shall attend four (4) board meetings and two (2) board meetings during the second year. Respondent s appearance at the meeting shall count as one appearance. Dr. Paraliticci accepted the counter settlement. REVIEW/APPROVAL OF APPLICATIONS Bradley Wayne Hill, DVM Dr. Hill was present at the meeting and was not represented by counsel. He was sworn in by the court reporter. Dr. O Neil advised the board that Dr. Hill had applied for a license by endorsement and had answered yes to the background question on the application. Dr. Parratto-Wagner made a motion to approve Dr. Hill s application for licensure. pg. 12
Dr. Hase seconded the motion and the motion passed unanimously. Eric James Herman, DVM Dr. Herman was present at the meeting and was represented by counsel, Ed Bayo. Dr. Herman was sworn in by the court reporter. Dr. O Neil advised the board that Dr. Herman had applied for a license by endorsement and had answered yes to the background question on the application. Dr. Hase made a motion to approve Dr. Herman s application for licensure. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. MONITORING AGREEMENT Gregory Murray, DVM Continued until the December 2015 board meeting. MOTION FOR RECONSIDERATION OF FINAL ORDER Richard Mark Jaffe, DVM: Case number 2013-017284 Dr. Jaffe was not present at the meeting and was represented by counsel, Ed Bayo. Dr. Ziegler from PRN was sworn in by the court reporter. Mr. Bayo asked the board to reconsider Dr. Jaffe s final order and instead of revocation suspend his license until he can appear before the board with PRN and PRN stating that he is safe to practice. Dr. Ziegler advised the board that Dr. Jaffe was in treatment and had not signed a contract with PRN because he has to finish the treatment program before he signs a contract. Dr. Parratto-Wagner made a motion to grant reconsideration of the order and all previous terms are rescinded. Dr. Jaffe s license will be suspended for fifty (50) years and he shall enter into a contract with PRN and suspension shall be stayed if PRN deems him able to practice. pg. 13
Dr. Hase seconded the motion. Dr. O Neil asked Ms. Tinsley to call the roll. The motion passed with Dr. O Neil and Dr. Spencer opposed. PROBATION APPEARANCES Walter Kallenbach, DVM Dr. Kallenbach was present at the meeting and was sworn in by the court reporter. Dr. Ziegler from profession resource network (PRN) advised the board that Dr. Kallenbach was in full compliance with his PRN contract. Dr. Hase made a motion to accept Dr. Kallenbach s probation appearance. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. Jennifer Moller, DVM Dr. Moller was present at the meeting and was sworn in by the court reporter. Dr. Hase made a motion to accept Dr. Moller s probation appearance. Ted Joseph Oroski, DVM Dr. Oroski was present at the meeting and was sworn in by the court reporter. Dr. O Neil asked Dr. Oroski if he had been evaluated by PRN. He stated he had been in contact with PRN to begin the process. Dr. Ziegler advised the board that Dr. Oroski contact PRN August 29, 2014. Ms. Henderson advised the board that Dr. Oroski was in violation of his final order. Dr. O Neil reviewed Dr. Oroski s records and stated that they needed improvement. After discussion by the board the following motions were made. pg. 14
Dr. Parratto-Wagner made a motion to give Dr. Oroski thirty (30) days to complete his PRN evaluation. Dr. Hase seconded the motion and the motion passed unanimously. Dr. Johnson made a motion to accept Dr. Oroski s probation appearance. Dr. Hase seconded the motion and the motion passed unanimously. Alphonso Paredes, DVM Dr. Paredes was present at the meeting and was sworn in by the court reporter. Ms. Johnson made a motion to accept Dr. Paredes probation appearance. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. Hiram Matias Pomales, DVM Dr. Pomales was present at the meeting and was sworn in by the court reporter. Dr. Parratto-Wagner made a motion to extend Dr. Pomales probation until January 7, 2015. Ms. Johnson made a motion to accept Dr. Pomales probation appearance. Ms. Inzina seconded the motion and the motion passed unanimously. Ram Ayodhya Prasad, DVM Dr. Prasad was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Prasad was sworn in by the court reporter. Mr. Reynolds advised the board that Dr. Singh was present at the meeting to be approved as Dr. Prasad s monitor. Mr. Reynolds advised the board that he had discussed with Dr. Singh his responsibilities as Dr. Prasad s monitor. After discussion by the board the following motions were made. Dr. Hase made a motion to accept Dr. Prasad s probation appearance. pg. 15
Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. Dr. Hase made a motion to accept Dr. Singh as Dr. Prasad s monitor. Ms. Inzina seconded the motion and the motion passed unanimously. Gene Rinderknecht, DVM Dr. Rinderknecht was present at the meeting and was sworn in by the court reporter. Ms. Tinsley advised the board that Dr. Rinderknecht had completed his continuing education. Dr. Hase made a motion to accept Dr. Rinderknecht s probation appearance. Aurelio Roa, DVM Dr. Roa was present at the meeting and was sworn in by the court reporter. Dr. Roa asked the board if he could have an extension to complete the laws and rules exam. Dr. Parratto-Wagner made a motion to grant Dr. Roa s request to extend his time to take and pass the laws and rules exam to December 31, 2014. Dr. Hase seconded the motion and the motion passed unanimously. Dr. Hase made a motion to accept Dr. Roa s probation appearance. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. RATIFICATION OF APPLICATIONS Licensure List Ms. Johnson made a motion to accept the licensure list. Dr. Parratto-Wagner seconded the motion and the motion passed unanimously. pg. 16
Continuing Education Dr. Parratto-Wagner made a motion to accept the continuing education list. Dr. Hase seconded the motion and the motion passed unanimously. REPORTS Executive Director- Juanita Chastain Ms. Chastain advised the board that Michael Short is the new State Veterinarian. Ms. Chastain advised the board that she and Ms. Tinsley were retiring January 29, 2015. Board Counsel Clark Jennings Mr. Jennings reviewed the annual regulatory plan with the board. Prosecuting Attorney Elizabeth Henderson Ms. Henderson reviewed her report with the board. Board Chair Dr. Robert O Neil No report. OLD BUSINESS No old business. NEW BUSINESS No new business. PUBLIC COMMENT Mr. Reynolds advised the board that he requested a necropsy report from an investigator and they refused to give him the report. Ms. Henderson addressed the board and explained the process of releasing the investigative file as requested. Dr. O Neil asked Ms. Chastain to call the probation roll and all were present. pg. 17
ADJOURN Dr. Hase made a motion to adjourn the meeting. Dr. Leonard seconded the motion and the motion Passed unanimously. The meeting adjourned at 3:24 p.m. pg. 18