STATE OF NEVADA
BOARD OF VETERINARY MEDICAL EXAMINERS
BOARD MEETING
At
Hyatt Place
1790 East Plumb Lane
Reno, Nevada 89502
MINUTES
January 29, 2015
BOARD MEMBERS PRESENT
William Taylor, DVM – President
Ronald Sandoval, DVM - Vice-President
Steve Damonte, DVM
Scott Bradley, DVM
Kevin Collins, DVM
Melissa Schalles, LVT
Davyd Pelsue, DVM
Sherita Rogers, Public Member
BOARD STAFF PRESENT
Debbie Machen - Executive Director
Tracie Estep – Administrative Asst.
Louis Ling, Esq. – Board Counsel
Christina Johnson, LVT – Inspector
Patricia Handal, DVM-Investigator
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Dr. Taylor called the meeting to order and called roll at 9:00 a.m.
1. Public Comment
None
2. Approval of Board Minutes
A. October 30, 2014 Board Meeting
Motion: Dr. Pelsue moved to accept the minutes with corrections.
Second: Dr. Bradley
Passed: Unanimous
3. Review & Determination of Complaints/Disciplinary Action & Disciplinary Hearings
A. 2014LVT-026; Joanne Light, LVT, License #LVT230: Letter of Reprimand
Discussion: Mr. Ling provided the Board with an overview of the proposed stipulated
agreement.
Motion: Dr. Bradley moved to accept the Letter of Reprimand as written.
Second: Ms. Schalles
Passed: Unanimous; Dr. Sandoval abstained
B. 2014DVM-027; Eleanor St. John, DVM, License #1523: Letter of Reprimand
Discussion: Mr. Ling provided the Board with an overview of the proposed stipulated
agreement.
Motion: Ms. Rogers moved to accept the Letter of Reprimand as written.
Second: Dr. Sandoval
Passed: Unanimous; Dr. Pelsue abstained
C. 2014LVT-020; License #LVT716, Crystal Barker, LVT: Administrative Hearing
An Accusation was presented to the Board on Crystal Barker, LVT.
Dr. Taylor called the hearing to order at 9:15 a.m. and asked if the Respondent, Crystal Barker or
legal counsel for Ms. Barker was present. The record showed that Ms. Barker or legal counsel
was not present. Mr. Ling introduced himself as board counsel and stated that since Ms. Barker
was not present pursuant to NAC 638.280 the Board could hear the evidence of witnesses and
the Board could proceed to consider the matter.
Ms. Machen, Executive Director, was sworn in and Mr. Ling provided the following documents
as exhibits and Dr. Taylor admitted them into evidence:
1)
2)
3)
4)
5)
Ms. Barker’ renewal application
Correspondence between the Board and Ms. Barker
Notification of the Board Complaint
The attempt to serve Ms. Barker with the Accusation and the USPS tracking
Ms. Barker’s continuing education certificates of attendance for 2012
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Mr. Ling presented explanation of each exhibit supporting the violations in the first and second
cause of action. The recommendation by Mr. Ling was to revoke Ms. Barker’s veterinary
technician license #LVT716.
Dr. Taylor closed the hearing.
Discussion: None
Motion: Dr. Pelsue moved to find Ms. Barker guilty of the first and second cause of action.
Second: Dr. Collins
Passed: Unanimous; Ms. Schalles abstained.
Motion: Dr. Pelsue moved to revoke Ms. Barker’s license.
Second: Dr. Collins
Passed: Unanimous; Ms. Schalles abstained
D. 2014DVM-033
Discussion: After discussion of the complaint assessment with the review panel the Board
dismissed the complaint due to the fact that there was not sufficient evidence to believe that the
licensee had committed an act which constitutes a cause for disciplinary action.
Motion: Ms. Schalles moved to dismiss the complaint.
Second: Dr. Damonte
Passed: Unanimous; Dr. Sandoval abstained
E. 2014DVM-034
Discussion: After discussion of the complaint assessment with the review panel the Board
dismissed the complaint due to the fact that there was not sufficient evidence to believe that
the licensee had committed an act which constitutes a cause for disciplinary action.
Motion: Dr. Pelsue moved to dismiss the complaint.
Second: Dr. Collins
Passed: Unanimous; Dr. Sandoval and Dr. Bradley abstained
F. 2014DVM-035A and 2014DVM-035B
Discussion: 2014DVM-035A - After discussion of the complaint assessment with the review
panel the Board dismissed the complaint due to the fact that there was not sufficient evidence
to believe that the licensee had committed an act which constitutes a cause for disciplinary
action and directed staff to send a letter of concern to the licensee regarding: 1) Anytime a
procedure becomes more involved or extensive than originally anticipated, consider contacting
the owner to discuss findings before proceeding despite a signed authorization. 2) If contacting
the owner during a procedure is not possible, consider attempting to contact them prior to pickup to apprise of what to expect.
Discussion: 2014DVM-035B - After discussion of the complaint assessment with the review
panel the Board dismissed the complaint due to the fact that there was not sufficient evidence
to believe that the licensee had committed an act which constitutes a cause for disciplinary
action.
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Motion: Dr. Damonte moved to dismiss the complaint 2014DVM-035A and send a letter of
concern; and dismiss the complaint 2014DVM-035B.
Second: Dr. Sandoval
Passed: Unanimous. Dr. Pelsue abstained
G. 2014DVM-036
Discussion: After discussion of the complaint assessment with the review panel the Board
recommended that disciplinary action be initiated against the licensee.
Motion: Dr. Sandoval moved to have staff and Mr. Ling initiate action against the licensee due to
there being sufficient evidence to proceed with disciplinary action.
Second: Ms. Schalles
Passed: Unanimous. Dr. Pelsue abstained
H. 2014DVM-037
Discussion: After discussion of the complaint assessment with the review panel the Board
recommended that disciplinary action be initiated against the licensee.
Motion: Dr. Bradley moved to have staff and Mr. Ling initiate action against the licensee due to
there being sufficient evidence to proceed with disciplinary action.
Second: Ms. Schalles
Passed: Unanimous. Dr. Pelsue abstained
I.
2014DVM-038 and 2014DVM-039
Discussion: 2014DVM-038 - After discussion of the complaint assessment with the review panel
the Board recommended that disciplinary action be initiated against the licensee.
Motion: Dr. Pelsue 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. Sandoval
Passed: Unanimous. Dr. Collins abstained
Discussion: 2014DVM-039 - After discussion of the complaint assessment with the review panel
the Board dismissed the complaint due to the fact that there was not sufficient evidence to
believe that the licensee had committed an act which constitutes a cause for disciplinary action
and directed staff to send a letter of concern to the licensee regarding: The physical examination
findings and assessment of a patient must be documented in the patient’s medical record,
specifically when the patient’s medical condition has changed.
Motion: Dr. Sandoval moved to dismiss the complaint with a letter of concern.
Second: Ms. Schalles
Passed: Unanimous. Dr. Collins abstained
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J.
2014DVM-040
Discussion: After discussion of the complaint assessment with the review panel the Board
recommended that disciplinary action be initiated against the licensee.
Motion: Dr. Bradley 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. Sandoval
Passed: Unanimous. Dr. Pelsue abstained
K. 2014DVM-041A and 2014DVM-041B
Discussion: 2014DVM-041A - After discussion of the complaint assessment with the review
panel the Board dismissed the complaint due to the fact that there was not sufficient evidence
to believe that the licensee had committed an act which constitutes a cause for disciplinary
action and directed staff to send a letter of concern to the licensee regarding: 1) Consider a
policy to always offer a post-mortem exam to the owner. 2) Surgical reports should contain
detailed information for the procedure performed including which salivary gland(s) was/were
involved and excised. 3) Consider submitting tissue for histopath regardless of the outcome for
the patient.
Motion: Dr. Pelsue moved to dismiss the complaint with a letter of concern.
Second: Dr. Bradley
Passed: Unanimous. Dr. Sandoval abstained
Discussion: 2014DVM-041B - After discussion of the complaint assessment with the review
panel the Board dismissed the complaint due to the fact that there was not sufficient evidence
to believe that the licensee had committed an act which constitutes a cause for disciplinary
action.
Motion: Ms. Schalles moved to dismiss the complaint.
Second: Dr. Pelsue
Passed: Unanimous. Dr. Sandoval abstained
A. Discussion and Determination
Discussion with representatives from the Nevada Pharmacy Board on destruction of drugs and
compounding. (Larry Pinson, R.Ph, Executive Secretary; David Wuest, R.Ph, Deputy Executive
Secretary; Paul Edwards, Legal Counsel)
Discussion: Mr. Pinson, Mr. Wuest, and Mr. Edwards were present from the Nevada Pharmacy
Board and discussed the challenges of adapting the current pharmacy dispensing laws to
veterinary medicine, the restrictions of veterinary compounding, and the new DEA requirements
on the destruction of pharmaceutical drugs.
B. 2015 Legislative Update-Neena Laxalt
Discussion: Ms. Laxalt, lobbyist for the Board, presented the Board with an overview of
approximately 75 Bills that the Board is currently following at the 2015 Legislative session which
begins on Monday, February 2, 2015.
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C. Review and discussion of the current definitions of vaccination clinic, veterinary facility, and
mobile clinic. (NAC 638.017;NAC 638.018;NAC 638.013)
Discussion: Ms. Machen presented the Board with the laws regarding vaccinations clinics vs.
mobile wellness clinics and discussed the implementation of registering mobile practices. The
Board started licensing all facilities in 1998 and never included mobile practices. The consensus
of Board is that a mobile practice should be licensed and self-inspections should be incorporated
into the licensing process to ensure compliance with medical records, drug security, etc.
D. Board Member Appointments
Discussion: Ms. Machen stated that Dr. Taylor, Dr. Collins, and Dr. Damonte have been reappointed and Ms. Rogers’ re-appointment was pending due to her name change.
A. Staff Reports Financial Report -Debbie Machen
Discussion: The financial report was presented to the Board’s satisfaction.
B. Licensing Report-Tracie Estep
Discussion: The licensing report was presented to the Board’s satisfaction.
C. Hospital Inspection Report-Christina Johnson, LVT
Discussion: Hospital Inspection report was presented to the Board’s satisfaction.
D. Complaint Report-Patricia Handal, DVM
Discussion: Dr. Handal asked the Board for their input on what information they wanted to see
on this new report which will be provided to the Board at the April 2015 meeting. Dr. Handal
provided the Board with a current power point presentation on Anatomy of a Complaint.
E. Legal Report, Louis Ling, Esq.
Discussion: Mr. Ling reported that Hope Hawkinson’s sentencing hearing was a few weeks ago
and we were advised by the Nevada Attorney General’s Office, who prosecuted the case, that
she did pay the first payment to the Board of $1000.00 for the investigative fees. The Judge
reduced the conviction from a felony to a gross misdemeanor contingent on her satisfying the
terms of the three year Probation.
Mr. Ling discussed the recent request by Dr. Carl Kelly to meet with him regarding the Board
action that was taken in July of 2012. Mr. Ling agreed to the meeting hoping to understand his
concerns. After meeting with him and knowing that Dr. Kelly had met with several past and
present board members he advised the current board to decline any further communication
regarding these matters.
4. Requests for Licensure/Reinstatement
A. Katryna Fleer, DVM; Veterinary application
Discussion: Dr. Katryna Fleer submitted an application for licensure and requested that the
Board waive the species specific examination requirement because she would not be
performing the duties of a clinician in the State of Nevada. The Board reviewed her application
and all supplemental documentation.
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Motion: Ms. Schalles moved to deny waiving the requirement of taking the Species Specific
Examination.
Second: Dr. Damonte
Passed: Unanimous
B. Jani Johnston, LVT, Veterinary Technician application
Discussion: Ms. Johnston submitted an application for licensed veterinary technician based on
her education background, practical experience, and references. The Board reviewed her
application and all supplemental documentation.
Motion: Ms. Schalles moved to deny Ms. Johnston’s application.
Second: Dr. Bradley
Motion Failed
Motion: Dr. Pelsue moved to approve Ms. Johnston’s application.
Second: Dr. Sandoval
Passed: 4-yes, 3- no
C. Stephanie Estrada, VTIT application
Discussion: Ms. Estrada submitted an application for veterinary technician-in-training and
answered the question “yes” that she had a prior felony conviction. She is currently completing
her Associates of Science degree in Veterinary Technology at Penn Foster. The Board reviewed
her application and all supplemental documentation.
Motion: Ms. Schalles moved to approve Ms. Estrada’s application for VTIT/LVT.
Second: Ms. Rogers
Passed: Unanimous
5. Continuing Education Approval
A. Introduction to Veterinary Dentistry and Dental Radiography; 5 hours for veterinarians and 5
hours for veterinary technicians
Discussion: Dr. Collins reviewed the above noted course and recommended approval for the
requested hours of continuing education.
Motion: Ms. Schalles moved to approve the above noted course and hours.
Second: Dr. Sandoval
Passed: Unanimous. Dr. Pelsue abstained
B. Extractions; 8 hours for veterinarians
Discussion: Dr. Collins reviewed the above noted course and recommended approval for the
requested hours of continuing education.
Motion: Dr. Bradley moved to approve the above noted course and hours.
Second: Ms. Schalles
Passed: Unanimous. Dr. Pelsue abstained
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6.
Agenda items for next meeting.
1) Comparison of other veterinary boards fees
2) Possible increase of the number of licensees that the Board audits for continuing education
3) Costs of inspection vs. revenue from facilities
4) Update on the NVMA mentoring program
7.
Adjournment for Possible Action
The meeting was adjourned at 4:34 p.m.
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