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Board of Veterinary Medicine - Publications

Maine State seal

state of maine
Department of Professional and Financial Regulation
OFFICE OF LICENSING AND REGISTRATION
Board of Veterinary Medicine
35 state house station
augusta, maine
04333-0035

 

JOHN ELIAS BALDACCI

 

ANNE L. HEAD

GOVERNOR

 

DIRECTOR

 

Maine Board of Veterinary Medicine

Minutes of September 20, 2007 Board Meeting

 

CALL TO ORDER
Chair Spahn called the meeting to order at 9:00 a.m.

MEMBERS PRESENT
David Spahn, DVM, Chair
Nicholas Pesut, VMD, Complaint Officer
Mark Beever, DVM, Complaint Officer
John Benson, DVM
Jonathan Spelke, DVM
Carol Gilmore, Public Member

STAFF PRESENT
Kelly McLaughlin, Board Clerk
Geraldine Betts, Administrator
Jennifer Willis, AAG, Board Attorney

 

OLD BUSINESS

Review and approval of the minutes of May 23, 2007

In a motion by Pesut, seconded by Gilmore, to accept the minutes of May 23, 2007, as written.  Motion carried.

NEW BUSINESS

Complaint Officer’s Report

2007 VET 3529 Initial presentation

In a motion by Pesut, seconded by Gilmore, to dismiss 2007 VET 3529 with a letter of guidance regarding importance of timely and good communication with clients.  The letter of guidance to be on file for a period of three years.  Motion carried, Complaint Officer Beever recused.

 

 

2007 VET 3601 Initial presentation

In a motion by Spelke, seconded by

To refer 2007 VET 3601 to the Attorney General’s Office for consideration of unlicensed practice and recommend a cease and desist be issued.  Motion carried, Complaint Officer Beever recused.

 

2007 VET 3607 Initial presentation

In a motion by Spahn, seconded by Gilmore, to table 2007 VET 3607 pending further investigation.  Motion carried, Complaint Officer Beever recused.

 

2007 VET 3523 Initial presentation

In a motion by Benson, seconded by Gilmore, to preliminary deny application for licensure based on information contained in 2007 VET 3523; in lieu of preliminary a consent agreement is offered including but not limited to the following terms:  1) Admission to violations of 32 M.R.S.A. § 4860, 10 M.R.S.A. § 8003(5-A); 2) Reprimand; and 3) Fine $1,000.  Motion carried, Complaint Officer Pesut recused.

 

2007 VET 3498 Initial presentation

In a motion by Spelke, seconded by Gilmore, to dismiss 2007 VET 3498 on the basis of no evidence of a violation of the Board’s Laws and Rules.  Motion carried, Compliant Officer Beever recused.

 

2007 VET 3501 Initial presentation

In a motion by Spelke, seconded by Gilmore, to determine that sufficient evidence exists to support violations of the Board’s Laws and Rules.  Motion carried, Complaint Officer

In a motion by Spelke, seconded by Gilmore, to schedule 2007 VET 3501 for an adjudicatory hearing and to offer a consent agreement including but not limited to the following:  1) Admission to violation of 32 M.R.S.A. § 4865-A (6) and 4875, 10 M.R.S.A. § 8003 (5-A)(A)(2), Board Rules Chapters 5(2) and 7(23); 2) Submission of five (5) surgical and medical records for review quarterly totaling forty (40) records Board’s designee to choose records for review; 3) Warning; 4) Probation period of one year to obtain 18 additional hours of continuing education with a minimum of 6 hours to be completed in each of the following:  hematology, radiology, critical care.  All courses must be pre-approved by the Board and to be in attendance (live hours). Motion carried, Complaint Officer Beever recused.

 

In a motion by Spahn, seconded by Gilmore, to have Dr. Spelke and a staff member review medical records pursuant to Decision and Order of December 13, 2006.  Motion carried.

 

2007 VET 3537 Initial presentation

In a motion by Spelke, seconded by Gilmore, to dismiss 2007 VET 3537 with a letter of guidance regarding proper labeling of prescription medications.  The letter of guidance is to be on file for a period of ten years.  Motion carried, Complaint Officer Beever recused and Pesut opposed.

 

 

 

 

 

2007 VET 3583 Initial presentation

In a motion by Pesut, seconded by Benson, to refer 2007 VET 3583 to the Attorney General’s Office with a recommendation of issuing a cease and desist order.  Motion carried, Complaint Officer Beever recused.

 

2007 VET 3584 Initial presentation

In a motion by Benson, seconded by Gilmore, to schedule 2007 VET 3584 for an adjudicatory hearing; in lieu of adjudicatory hearing to offer a consent agreement including but not limited to the following:  1) Admission to violations 10 M.R.S.A. § 8003(5-A)(A)(5), 32 M.R.S.A. § 4864 (11), Board Rules Chapters 5 (2) and 7 (23); 2) Submission of five (5)surgical records quarterly for a two year period totaling forty (40) records; and 3) Warning.  Motion carried, Complaint Officer Beever recused.

 

2007 VET 3588 Initial presentation

In a motion by Benson, seconded by Gilmore, to dismiss 2007 VET 3588 on the basis of no violation of the Board’s Laws and Rules.  Motion carried, Complaint Officer Beever recused.

 

Board Action on Licensure Application – Benjamin Walker

See 2007 VET 3523.

 

Board Action on License Renewal – Julia Klouda MacClinchy (VT 1721)

In a motion by Spahn, seconded by Benson, to accept license renewal for Julia Klouda MacClinchy.  Motion carried, Spelke recused.

 

Program Administrator’s Report

Continuing Education Audit

In a motion by Pesut, seconded by Gilmore, to accept the administrative action policy regarding continuing education audits as presented by Administrator.  Motion carried.

 

Continuing Education Program Reviews

Ms. Betts and the Board discussed continuing education program reviews.  This item was table for consideration in the future.

 

ADJOURN

There being no further business, Gilmore, motioned to adjourn at 2:12 p.m., seconded by Pesut.  Motion carried.

 

 

Last Updated: September 9, 2008