MINUTES
INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS
APRIL 27, 2016
I.
CALL TO ORDER AND ESTABLISHMENT OF QUORUM
Dr. Headley called the meeting to order at 10:10 a.m. in Room W064 of the Indiana
Government Center South, 402 West Washington Street, Indianapolis, Indiana, and
declared a quorum in accordance with Indiana Code § 15-5-1.1-6(c).
Board Members Present:
Richard Headley, D.V.M. – Chair
Patricia Kovach, D.V.M. – Vice Chair
Paul Clemente, D.V.M.
William Somerville, D.V.M.
Robin Waltz, D.V.M.
Jennifer Niederlander, R.V.T.
Board Members Not Present:
Frank Andrew, Consumer Member
Bret Marsh, D.V.M., State Veterinarian
State Officials Present:
Cindy Vaught, Board Director, Professional Licensing Agency
Heather Hollcraft, Assistant Board Director, Professional Licensing Agency
Emily Crisler, Deputy Attorney General, Office of the Attorney General
Nichole Schuster, Deputy Attorney General, Office of the Attorney General
II.
ADOPTION OF THE AGENDA AS AMENDED
A motion was made and seconded to adopt the agenda, as amended.
KOVACH/WALTZ
Motion carried 5-0-0
*Dr. Clemente was not present for the vote
III.
ADOPTION OF THE MINUTES FROM THE FEBRUARY 3, 2016 MEETING OF
THE BOARD
A motion was made and seconded to adopt the minutes from the February 3, 2016
meeting of the Board.
NIEDERLANDER/KOVACH
Motion carried 5-0-0
*Dr. Clemente was not present for the vote
IV.
PERSONAL APPEARANCES
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A. Probation
There were no probation appearances before the Board.
B. Renewal
There were no renewal appearances before the Board.
C. Reinstatement
There were no reinstatement appearances before the Board.
D. Applications
1. Janet Arvola (RVT)
Ms. Arvola did not appear before the Board, as requested, regarding her
application for veterinary technician registration. Ms. Arvola will be scheduled to
appear at the next meeting of the Board.
2. Tricia Galassi (RVT)
Ms. Galassi appeared before the Board, as requested, regarding her application for
veterinary technician registration. Ms. Galassi is a 2006 graduate of Bel-Rea
Institute of Animal Technology and has taken and passed the VTNE examination
on January 19, 2007. She was licensed in the state of Illinois. Ms. Galassi did
not answer yes to any questions on the application; however a record was found.
Ms. Galassi explained that in 2002, she was arrested and charged with Driving
Under the Influence of Alcohol. She indicated the judge declared there was no
evidence of intoxication, but was illegally parked when approached by officers.
The charge was dismissed in 2003. Ms. Galassi is currently employed at Cook
Research, Inc. in West Lafayette, Indiana.
Board action: A motion was made and seconded to grant Ms. Galassi a veterinary
technician registration upon successful completion of the Indiana jurisprudence
examination.
KOVACH/SOMERVILLE
Motion carried 5-0-0
*Dr. Clemente was not present for the vote
3. Surinder S. Khahra (DVM)
Dr. Khahra appeared before the Board, as requested, regarding his application for
veterinary licensure. Dr. Khahra is a 1978 graduate from Punjab Agricultural
University and has taken and passed the NAVLE on April 19, 2002. He is
currently licensed in the state of Michigan and Ontario. Dr. Khahra was requested
to appear due to information submitted by the College of Veterinarians of Ontario
(CVO). The CVO indicated Dr. Khahra has had several complaints filed against
his Canadian license and is scheduled for multiple hearings with them regarding
the complaints. The CVO Disciplinary Committee submitted documentation to
IPLA on April 26, 2016 verifying they held a hearing on March 29, 2016 and
found Dr. Khahra guilty of professional misconduct in six (6) areas of their
practice act. The Committee ordered Dr. Khahra’s veterinary license be
suspended for a period of six (6) months, three (3) months of which shall be
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suspended if the member complies with the provisions of their Order, beginning
July 1, 2016. Dr. Khahra license in the state of Michigan is not scheduled to be
renewed until 2017.
Board action: A motion was made and seconded to table the decision on Dr.
Khahra’s veterinary license application until after Dr. Khahra completes the terms
of his Canadian veterinary license suspension.
KOVACH/WALTZ
Motion carried 5-0-1
*Dr. Clemente abstained
4. Julie Weiss (RVT)
Ms. Weiss appeared before the Board, as requested, regarding her application for
veterinary technician registration. Dr. Kovach disclosed that she and Ms. Weiss
currently work together. Ms. Weiss indicated she is comfortable with Dr. Kovach
participating and Dr. Kovach affirmed she feels she can make an impartial
decision on Ms. Weiss’ application for registration. Ms. Weiss is a 2015 graduate
of Penn Foster College and has taken and passed the VTNE in November December of 2015. Ms. Weiss had answered yes to the question that asks “Except
for minor violations of traffic laws resulting in fines, and arrests or convictions
that have been expunged by a court; have you ever been arrested; have you ever
entered into a prosecutorial diversion or deferment agreement regarding any
offense, misdemeanor, or felony in any state; have you ever been convicted by any
offense, misdemeanor, or felony in any state; have you ever pled guilty to any
offense, misdemeanor, or felony in any state; or have you ever pled nolo
contender to any offense, misdemeanor, or felony in any state?” Ms. Weiss’
attorney submitted a Petition for Expungement and Sealing of Records of Julie
Weiss with the Morgan County Superior Court 2 regarding the charges disclosed
on her application for registration. To date, the charge has not been expunged.
Upon review of Ms. Weiss’ application for registration, it was brought to the
attention of IPLA staff that Ms. Weiss currently has an LPN license that is on
Probation/Expired status with the Indiana State Board of Nursing. This was not
disclosed on her application for veterinary technician registration. She indicated
she had called the IPLA office and asked if she needed to answer “yes” to the
question that asks “Have you ever previously filed an application in the State of
Indiana?” and was told “no” since it was not an application made to the Veterinary
Board.
Board action: A motion was made and seconded to grant Ms. Weiss a veterinary
technician registration upon successful completion of the Indiana jurisprudence
examination.
KOVACH/NIEDERLANDER
Motion carried 6-0-0
E. Examination Retake – Veterinary Technology National Examination (VTNE)
1. Andrew M. Collier
Mr. Collier appeared before the Board, as requested, regarding his request to
attempt the Veterinary Technology National Examination for the fifth time. Mr.
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Collier is a 2013 graduate of Harrison College. He has been working with the
lead veterinary technicians at Broad Ripple Animal Hospital in preparing for the
examination. The Board recommended he take advantage of the practice
examination offered by the AAVSB.
Board action: A motion was made and seconded to grant permission for Mr.
Collier to retake the VTNE for the fifth time.
WALTZ/SOMERVILLE
Motion carried 6-0-0
V.
ADMINISTRATIVE HEARING
A. State of Indiana v. David Harry Walton, D.V.M., License No. 24007354A
Administrative Cause No. 2015 VB 0006
Re: Complaint and Proposed Settlement Agreement
Parties Present:
Respondent was not present, but represented by Rori Goldman, Attorney
Patricia Gibson, Deputy Attorney General for the State of Indiana
Sherri Rutledge, Court Reporter, Rutledge Independent Reporting
Based on her participation in the settlement conference, Dr. Kovach recused
herself and did not participate in this administrative hearing. The following
members continued to participate in this administrative hearing:
Participating Board Members:
Dr. Headley, DVM (Hearing Officer)
Dr. Clemente, DVM
Dr. Somerville, DVM
Dr. Waltz, DVM
Ms. Niederlander, RVT
Case Summary: On or around December 31, 2015, the State filed an Administrative
Complaint alleging Respondent has violated Ind. Code 25-1-9-4(a)(3) in that
Respondent knowingly violated 888 IAC 1.1-5-1(1) as indicated by Respondent’s
failure to maintain written health records for Client A’s rabbit; has violated Ind. Code
25-1-9-4(a)(3) in that Respondent knowing violated 888 IAC 1.1-5-1(2) as indicated
by Respondent’s conduct in dispensing a prescription product without a veterinarianclient-patient relationship as evidenced by Respondent’s dispensing amoxicillin to
the rabbit without examining the rabbit; has violated Ind. Code 25-1-9-4(a)(3) in that
Respondent knowingly violated Ind. Code 25-38.1-4-3(a) as indicated by
Respondent’s conduct in delegating the dispensing of the amoxicillin to staff
members who failed to properly label the prescriptions and failed to determine if the
task delegated was commensurate with the employee’s training, experience, and
skills; has violated Ind. Code 16-42-19-11(a) as evidenced by Respondent’s conduct
in dispensing of the amoxicillin without a proper label; has violated Ind. Code 25-19-4(a)(3) in that Respondent knowingly violated 888 IAC 1.1-1-1 as evidenced by his
prescribing amoxicillin to a rabbit showing he failed to exercise reasonable care and
diligence ordinarily exercised by members of his professions in similar cases under
like conditions; and has violated Ind. Code 25-1-9-4(a)(4)(A)&(B) in that
Respondent has continued to practice although Respondent has become unfit to
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practice due to professional incompetence that may include the undertaking of
professional activities that Respondent is not qualified by training or experience to
undertake and failed to keep abreast of current professional theory or practice. The
State and Respondent’s attorney, Ms. Goldman, presented to the Board a Proposed
Settlement Agreement that issues Respondent a Letter of Reprimand with the
following terms:
• Respondent shall write a summary of Ind. Code 25-38.1-1-14.5 of what he
has learned from this incident and the changes he has implemented to his
practice within thirty (30) days of the date of the Board’s Order.
• Respondent shall write a summary of the article in the Journal of Exotic Pet
Medicine entitled “Normal Bacterial Flora of the Rabbit Gastrointestinal
Tract: A Clinical Approach” within thirty (30) days of the date of the
Board’s Order.
• Respondent shall write a summary of his current recordkeeping system
within thirty (30) days of the date of the Board’s Order.
• Respondent shall complete the online continuing education course VIN
EXOT011-036 entitled “Exotic Small Mammal Medicine” within thirty (30)
days of the date of the Board’s Order.
• Respondent shall within ninety (90) days of the Board’s Order pay a fee of
five dollars ($5.00) to be deposited into the Health Records and Personal
Identifying Information Protection Trust Fund.
Dr. Waltz requested Respondent submit a sample of a record for their review.
Board action: A motion was made and seconded to accept the Proposed Settlement
Agreement with the suggested modification in the matter of Dr. Walton’s veterinary
license.
WALTZ/SOMERVILLE
Motion carried 5-0-0
*Dr. Kovach recused herself
B. State of Indiana v. Robert Edward Dahlem, D.V.M., License No. 24005032A
Administrative Cause No. 2013 VB 0014
Re: Order to Show Cause
Parties Present:
Respondent was not present, nor represented by Counsel
Patricia Gibson, Deputy Attorney General for the State of Indiana
Sherri Rutledge, Court Reporter, Rutledge Independent Reporting
Participating Board Members:
Dr. Headley, DVM (Hearing Officer)
Dr. Kovach, DVM
Dr. Clemente, DVM
Dr. Waltz, DVM
Dr. Somerville, DVM
Ms. Niederlander, RVT
Case Summary: On or around March 8, 2016, the Board issued an Order to Show
Cause in the matter of Respondent’s probationary veterinary license. Respondent has
not been in compliance with the terms and conditions of his probationary license.
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The State asks the Board to find Respondent in Default. Dr. Dahlem submitted a
request by email to the Board on April 21, 2016 that his no longer in private practice
in Indiana. He is Voluntary Surrendering his license to practice veterinary medicine
if the state of Indiana. Requested that the Board inactivate his license immediately.
The Board’s counsel indicated that the Board can accept a voluntary surrender of
licensure in lieu of a Default hearing with terms and conditions for reinstatement of
the surrendered license.
Board action: A motion was made and seconded to accept the surrender of licensure
as requested by Dr. Dahlem in this matter with the condition that upon application for
reinstatement Dr. Dahlem will be required to appear before the Board. The Board
may impose additional conditions and requirements.
SOMERVILLE/WALTZ
Motion carried 6-0-0
The State moved to withdraw their Order to Show Cause motion.
SOMERVILLE/WALTZ
Motion carried 6-0-0
VI.
NOTICE OF PROPOSED DEFAULT
A.
Selim Salib Soliman, D.V.M., License No. 24004561A
Administrative Cause No. 2014 VB 002
Re: Notice of Proposed Default
Parties Present:
Respondent was not present, nor represented by Counsel
Patricia Gibson, Deputy Attorney General for the State of Indiana
Sherri Rutledge, Court Reporter, Rutledge Independent Reporting
Participating Board Members:
Dr. Headley, DVM (Hearing Officer)
Dr. Kovach, DVM
Dr. Clemente, DVM
Dr. Waltz, DVM
Dr. Somerville, DVM
Ms. Niederlander, RVT
Case Summary: On or around October 26, 2015, the Board filed an Order to Show
Cause in the matter of Respondent’s veterinary license. The State found a second
address for the Respondent and asked the Board to resend another Order to Show
Cause. Respondent has not responded to either Order to Show Cause notice. The
State asked the Board to hold Respondent in Default at this time.
Board action: A motion was made and seconded to hold Dr. Soliman in Default.
SOMERVILLE/NIEDERLANDER
Motion carried 6-0-0
Case Summary: The State called Cindy Vaught, Board Director of the Indian Board
of Veterinary Medical Examiners. Ms. Vaught verified that Respondent has not
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submitted any continuing education to the board at this time and that Respondent has
indicated via telephone that he would not be completing the continuing education as
required by his probationary order. Respondent has paid the five hundred dollar
($500.00) fine imposed by the Board. The State asks that the Board place
Respondent’s veterinary license on Indefinite Suspension for a period of no less than
two (2) years and to require Respondent to complete the remaining requirements of
his probationary order prior to petitioning for reinstatement of his suspended license.
Board action: A motion was made and seconded to suspend Dr. Soliman’s license
for a period of two (2) years and require him to complete the remaining requirements
of his original probationary order prior to petitioner for reinstatement.
NIEDERLANDER/SOMERVILLE
Motion carried 6-0-0
VII.
DISCUSSION
A.
Meeting Dates
The Board discussed incorporating a meeting date between now and September. The
dates that were chosen were July 13th and changing the September 28th date to
October 12th. Ms. Vaught stated she will check to make sure we have rooms
available for the chosen dates.
VIII. APPLICATION REVIEW
A. Endorsement
There were no applications by endorsement for review by the Board.
B. Examination
There were no applications by examination for review by the Board.
C. Professional Corporation
There were no professional corporation applications for the Board to review.
IX.
PROBATION REVIEW
There were no probation files reviewed by the Board.
X.
CONTINUING EDUCATION
Dr. Kovach reviewed and approved the following continuing education programs since
the last meeting of the Board.
Boehringer Ingelheim VetMedica
“Enhancing the Lives of People and Animals One Conversation at a Time”
May 21, 2016 – Indianapolis Zoo, Indianapolis, IN
Hours Approved: 6 Hrs. for Vets and Vet Techs
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Zoetis – Brian Walstrom
“Making the AAHA Anesthesia & Pain Management Guidelines Work in Your
Practice”
February 23, 2016 – Franklin, IN
February 24, 2016 – Zionsville, IN
Hours Approved: 4 Hrs. for Vets and Vet Techs
Zoetis – Brian Walstrom
“Stress Free, Pain Free, and Fear Free: A Big Goal for Our Profession”
February 23, 2016 – Indianapolis, IN
February 23, 2016 – Avon, IN
February 24, 2016 – Zionsville, IN
February 24, 2016 – Bloomington, IN
February 25, 2016 – Lafayette, IN
Hours Approved: 2 Hrs. for Vets and Vet Techs
Zoetis – Brian Walstrom
“What’s Bugging the Cat?”
March 16, 2016 – Indianapolis, IN
Hours Approved: 1.5 Hrs. for Vets and Vet Techs
XI.
PUBLIC COMMENTS
A. Consumer Complaints – Dr. Kovach
There was no report by Dr. Kovach.
B. State Veterinarian’s Report – Dr. Marsh
There was no report by Dr. Marsh.
C.
Office of the Attorney General
Ms. Gibson distributed to the Board a report regarding open and closed consumer
complaints.
XII.
OLD/NEW BUSINESS
Dr. Waltz spoke to the Board regarding a continuing education program she attended
recently. She stated she spoke with another veterinarian that indicated his office had
recently been investigated by DEA for drug diversion because they were writing
prescriptions for drugs for animals that were in their hospital then giving them to the
client when the pet went home, as well as using drugs that were brought in with the client
and given to the patient. When asked how this was handled, he stated the veterinarian
had to dose animals in the clinic from the clinic supply and not from a prescription pulled
for dispensing to the client for the animal.
XIII.
OTHER ITEMS FOR CONSIDERATION
The Board considered Enrolled House Bill 1201, companion animal sterilization.
Authorizes the board of animal health to establish a registry of animal care facilities.
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Requires that beginning July 1, 2021, a dog or a cat in an animal care facility must be
spayed or neutered before adoption from the facility. Defines "animal care facility" as an
animal control center, an animal shelter, a humane society, or another animal impounding
facility that has as its purpose the humane treatment of animals and that has dogs or cats
that are available for adoption, including governmental and private entities and animal
rescues. Exempts certain cats and dogs from the spay Companion animal sterilization.
Requires that certain forfeited deposit amounts held by an animal care facility be remitted
to the bureau of motor vehicles for deposit into a trust fund (established by the treasurer
of state for a special group's license plate) for a special group that provides spay-neuter
services.
XIV.
ADJOURNMENT
There being no further business, and having completed its duties, the meeting of the
Indiana Board of Veterinary Medical Examiners adjourned at 2:00 p.m. by general
consensus.
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Richard Headley, D.V.M., Chairman
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Date
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Patricia Kovach, D.V.M., Vice Chair
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Date
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