NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

Transcription

1 NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS BOARD MEETING At Las Vegas Chamber of Commerce 3720 Howard Hughes Parkway Conference Room LAS VEGAS, NEVADA on THURSDAY, September 11, :00 a.m. FRIDAY, September 12, :15 a.m. Board Members Present Staff Present Gary Ailes, DVM, President Debbie Machen, Exec. Dir. Jon Pennell, DVM, VP Conrad Frederickson, Admin. Asst. Chris Yach, DVM *Mike Chumrau, DVM, Investigator Richard Simmonds, DVM, MS *Andy Burnett, DVM, Investigator William Taylor, DVM Christine Guerci, DAG, Board Counsel Craig Schank, DVM Beverly Willard * Present only 09/11/03 MINUTES Thursday, September 11, 2003 Dr. Ailes called the meeting to order at 10:45 A.M. Motion: Ms. Willard moved to open the meeting Second: Dr. Taylor 1

2 Friday, September 12, 2003 Dr. Ailes called the meeting to order at 8:15AM Motion: Dr. Simmonds moved to open meeting at 8:15AM Second: Dr. Schank *1. Approval of Board Minutes A. June 26, 2003 Board Meeting B. June 26, 2003 Closed Board Meeting Motion: Dr. Simmonds moved to accept minutes as amended Motion: Dr. Simmonds moved to go into closed session Second: Dr. Taylor Motion: Dr. Simmonds moved to go back into open session *2. Disciplinary Action A This complaint was tabled for further discussion. B disciplinary action be taken against the licensee. Motion: Dr. Yach moved to approve a public letter of reprimand be sent to the licensee with a violation of NAC , inadequate medical record keeping, requiring the licensee to take 4 hours of continuing education in maintaining proper medical records or retake the state jurisprudence exam. Dr. Yach also moved to have a letter of concern sent to the veterinarian regarding his professional behavior. 2

3 Second: Dr. Taylor, Dr. Ailes abstained. C This complaint was tabled for further investigation. D dismissal due to the fact that there were no violations. Motion: Dr. Yach moved to dismiss Second: Dr. Taylor, Dr. Simmonds abstained. E This complaint is being tabled for further investigation. F disciplinary action be taken against the licensee. Motion: Ms. Willard moved to accept a public letter of reprimand with a violation of NAC , an unlicensed person performing duties that are designated specifically to a Veterinary Technician be sent to both veterinarians and that letters of concern be sent to the two associate veterinarians regarding proper consent and informing a client of options and costs. Second: Dr. Schank, Dr. Simmonds abstained. G dismissal due to the fact that there were no violations. 3

4 Motion: Dr. Yach moved to dismiss with a letter of concern regarding the veterinarian noting in the medical records when a client declines services. Second: Dr. Taylor, Dr. Simmonds abstained. H dismissal due to the fact that there were no violations. Motion: Dr. Taylor moved to dismiss, Dr. Schank abstained. I dismissal due to the fact that there were no violations. Motion: Dr. Taylor moved to dismiss, Dr. Schank abstained. J dismissal due to the fact that there were no violations. Motion: Dr. Pennell moved to dismiss Second: Ms. Willard, Dr. Schank abstained. K Discussion: No Discussion. 4

5 Motion: Dr. Schank moved to accept the public letter of reprimand regarding neglect (NAC ) and to have the licensee reimburse the board $ for investigative costs. Second: Dr. Taylor, Dr. Simmonds and Ms. Willard abstained. L LVT140 Sheryl Cartwright Discussion: Ms. Machen explained the recommendation of PRN, which is to place her license on 6 months suspension. Ms. Cartwright had agreed to voluntarily surrender her license. Motion: Dr. Yach move to accept the Consent Decree as written, in which, she agrees to voluntarily surrender her license, and if not signed by September 16, 2003, then Dr. Ailes will suspend her license, pursuant to the signed Consent Decree on record. Second: Ms. Willard, Dr. Ailes abstained M Bradley Gilman DVM/Supreme Court Remand This complaint was tabled and the case is still pending. *3. Continuing Education-Request for approval of CE's for: A. Practical Veterinary Cytology (2 hrs) Motion: Dr. Taylor moved to approve for 2 CE hours as requested. Second: Dr. Schank B. E.R.D. Health Screen Urine Test (2 hrs) Motion: Dr. Taylor moved to approve for 2 CE hours as requested. Second: Dr. Schank *4. Deputy Attorney General Legal Report 5

6 A. Open/Pending Complaints/Hearings Ms. Machen reviewed the status of the pending cases. Pending the outcome of the status check with Clark County on the Supreme Court remand, the Board will tentatively set the date as Wednesday October 8 th, 2003 in Reno. Dr. Kamen wrote another letter to the board regarding animal chiropractic being practiced in Nevada by unlicensed individuals. *5. Requests for Licensure A. Nikola Savcic (Veterinary Technician & VTIT) Discussion: Dr. Pennell reviewed Mr. Savcic s college transcripts and believes he is qualified to become registered as a Veterinary Technician in Training and also to be able to sit for the VTNE and become a Veterinary Technician. Motion: Dr. Yach moved to approve Mr. Savcic to apply for registration as a Veterinary Technician in Training based on his education and allow him to apply for licensure as a Veterinary Technician and be eligible to take the Veterinary Technician National Examination. Second: Dr. Simmonds *6. Discussion of Regulations/New Policies A. Policy #NV006-Modifying the Policy on Continuing Education Ms. Machen explained that Dr. Olsen has asked that we amend our current policy on approved sponsors of CE s to include CCSN. Ms. Machen further stated that the same approval should be afforded TMCC. Dr. Olsen s assistant, Ms. Simpson from CCSN was present. Motion: Dr. Schank moved to add CCSN & TMCC to the policy with conditional approval and to monitor for a year and reevaluate this policy change then. Second: Ms. Willard B. Policy #NV002-Modifying the passing score on the State Jurisprudence Examination 6

7 Ms. Machen explained that this exam is a take home exam and that the current passing score is 70%, which was established when the exam was not an open book and take home exam, and therefore should be raised. Motion: Dr. Yach moved to raise the passing score to 85%. There was no second so the motion failed. Motion: Dr. Simmonds moved to raise the passing score to 90% Second: Dr. Taylor WORKSHOP & REGULATION HEARING 9:00 A.M. SEPTEMBER 12, 2003 Proposed Regulation Amendment Workshop-The purpose of this workshop is to solicit comments from interested persons on the following general topics that may be addressed in the proposed regulations. Notice of Intent to Act upon a Temporary Regulation C. Specify the additional requirements that a foreign veterinary graduate must meet prior to being licensed in Nevada. D. Licensing of Euthanasia Technicians and compliance with DEA registration. Dr. Ailes opened the workshop and hearing. There was no discussion or public comment. Dr. Ailes closed the hearing. Motion: Ms. Willard moved to adopt these temporary regulations as permanent as revised by LCB with no additional changes. Second: Dr. Schank *7. Executive Director Report A. Financial Report Ms. Machen reviewed financials to the board satisfaction. The recent lower interest rates decreased revenue. 7

8 B. Administrative Report Ms. Machen reviewed numbers for new and total licensees. She also gave an update on the number of complaints and the current volume the board office is receiving. C. FARB convention October 23-26, 2003/Portland, OR Motion: Dr. Simmonds moved to send Ms. Machen and a board member to be determined to the convention. D. Web-site update Ms. Machen reviewed updates and online features related to the board website. The licensees will have the option to renew on line this year with their credit card. After October 1, 2003, renewals are no longer required to be notarized. *8. Discussion and Determination A. Collaborative practice between a licensed Veterinarian and a Physical Therapist. Discussion: Dr. Ailes explained this is a proactive move and that this situation is similar to the chiropractic situation. Dr. Ailes and Ms. Machen are meeting with the physical therapy board next week so the two boards can work together to resolve this matter. Dr. Pennell explained that the issue was discussed at the convention regarding whether or not physical therapy was considered as part of the definition of the practice of veterinary medicine. The University of Tennessee has a certification program for animal rehabilitation. Dr. Yach feels we should have new laws similar to the chiropractic laws. Dr. Ailes stated this matter will be revisited at the next board meeting. B. New Contract for legal services with the Attorney Generals Office. Ms. Machen explained that the new contract with the Attorney General s Office raised fees nearly 25%. Motion: Dr. Simmonds moved to approve amending the budget by $4,000 for legal services. 8

9 C. Denver overview-dr. Jon Pennell Dr. Pennell gave an overview of the AAVSB conference. He stated that the AAVSB will not have their annual meeting at the same time as the AVMA convention. The delegation voted to separate the two meetings. The next AAVSB meeting will be in Kansas City. The NBVME discussed PAVE and ECFVG meeting the next day. Dr. Lawhorn explained the AAVSB position to be separate from AVMA. Ms. Machen explained that the two parties hired a mediator to preside over the meeting. The issue of PAVE students not being able to obtain a license in Nevada was discussed. Dr. Pennell explained that some states have approved the PAVE program and are they are still developing a clinical competency exam. D. Update from NVMA meetings Ms. Machen gave an overview of the NVMA July meeting. The CCSN program will continue to provide distance learning. There is a fund raising project for the two Veterinary Technician programs and senior Veterinary students being established by the NVMA. Ms. Wagner explained that the money goes to the NVMA and they determine the amount of funds to go to each program. They are also working with Dr. Thain on a disaster plan. E. Lied Animal Shelter-Letter addressed to the Board regarding differentiating between the Facility and the Shelter Ms. Diane Orgille and Gabrielle Radford were present as representatives from Lied Animal Shelter. Ms. Orgille explained the distinction between the two entities and stated that people enter, at different parts of the building, animals are housed in different locations. Ms. Machen explained the situation at Lied Animal Shelter. Ms. Machen explained legal distinction between the veterinary care provided for hospital animals versus shelter animals. Dr. Taylor explained there currently are incomplete medical records being kept on surgeries of shelter animals. Each veterinarian should have a standard surgery procedure in place. The veterinarian must examine the animal within 12 hours in order for a veterinary technician to proceed with 9

10 care. Shelter animal should be separated at recovery from client owned animals. The public should be informed that if any after care or emergency services are needed, it must be handled at another clinic. Dr. Ailes asked how they distinguish between the hospital and the shelter. Dr. Ailes thinks they should be two separate entities. Dr. Simmonds explained that the situation is handled similarly in Northern Nevada at the Nevada Humane Society. Dr. Simmonds stated he was concerned about the following: 1. Separation of animals 2. Clients receiving the same standard of care 3. After care or emergency care Ms. Guerci and Ms. Radford explained the current policies and procedures at Lied Animal Shelter. Dr. Simmonds moved to conditionally approve the separation of the shelter from the facility. A floor plan, standard operating procedures and surgical procedures from each veterinarian must be sent to the Board. The Board will reevaluate this in six months. Passed unanimously F. Do duties of a Veterinary Technician include an injection to sterilize an animal? (NAC O) Dr. Pennell explained that Dr. Freer asked that the issue of Neutersol being administered by Veterinary Technicians be discussed at this Board Meeting. Dr. Yach stated that he thought there was potential for complications and does not think Veterinary Technicians should be performing this procedure. Ms. Radford said veterinary technicians doing this would benefit the shelter. Ms. Orgille asked if this has been approved and Ms. Machen told her that it had been, by the FDA. Dr. Ailes stated that we don t have any jurisdiction regarding the treatment in a shelter. The law is clear that 10

11 Veterinary Technicians cannot administer this product. At this time there is no indication that the law should be changed to allow Veterinary Technicians to administer this product due to side effects and conditions of administering. G. Update of Species Specific Examinations from NBVME Drs. Schank, Taylor, and Yach have reviewed and taken the exams. Dr. Schank explained that he believes that the exams are very fair. There are a few dated questions but overall he felt the exams were good for the seasoned professional. He stated that it covered some contemporary issues and some old issues. Dr. Yach agreed it was fair and that you shouldn t have to study too much as a currently practicing veterinarian. He thought the equine exam was very difficult for veterinarians without a mixed practice. He also mentioned that the companion animal exam also included exotics. Ms. Machen asked if it was fair for disciplinary cases. Dr. Schank stated yes and Dr. Taylor stated if they cannot pass the companion animal exam they should not be practicing veterinary medicine. H. Equine/Small Animal Reproduction-Dr. Schank Dr. Schank stated there were companion animal issues like freezing canine semen, cloning, and some other issues that still need to be discussed. He is trying to obtain more information regarding small animal reproduction. He thinks there is no need for new regulations relative to this subject. He would like to attend the Equine Reproduction Seminar in Washoe Valley in October. We should revisit this at the next board meeting. I. Set Board Meeting, tentative date, December Reno The date of the next Board Meeting in Reno will be Friday, December 12, :30 AM The tentative date for the next Board Meeting in Las Vegas is March 11 th & 12 th, *9. Personnel Review: Note the Board may convene in closed 11

12 session to consider the character, misconduct, professional competence or physical or mental health of any of the below named parties. Motion: Dr. Schank moved to go into closed session Passed unanimously A. Executive Director Evaluation The Board agreed to give Ms. Machen a 5% combined cost of living and merit raise. Motion: Dr. Simmonds B. Personnel Salary Determination The Board agreed to give Mr. Frederickson a 3% combined cost of living and merit raise. Motion: Dr. Simmonds 10. Public Comment Diane Orgille, Jenna Simpson, Gabrielle Radford, Michelle Wagner were all present and addressed the Board. 11. Agenda items for next meeting 1. Collaborative practice between a licensed Veterinarian and a Physical Therapist. 2. Equine/Small Animal Reproduction *12. Adjournment Thursday, September 11, 2003 Motion: Dr. Pennell moved to adjourn the meeting at 4:48 PM Second: Dr. Simmonds 12

13 Friday, September 12, 2003 Motion: Dr. Pennell moved to adjourn the meeting at 3:15 PM Second: Dr. Simmonds minutes0903.doc 13