STATE OF NEVADA BOARD OF VETERINARY MEDICAL EXAMINERS Board Meeting at: Oquendo Center for Clinical Education 2425 East Oquendo Road Las Vegas, Nevada 89120 MINUTES Thursday, April 19, 2018 Board Members Present Scott Bradley, DVM, President Ronald Sandoval, DVM, DABVP, Vice President Davyd Pelsue, DVM, DACVS James Hengels, RN, BSN Stephen Damonte, DVM Sharon Gorman, DVM Melissa Schalles, LVT Board Staff Present Jennifer Pedigo, Executive Director Christina Johnson, LVT, Hospital Inspector Patricia Handal, DVM, Board Investigator Louis Ling, Esq., Board Counsel Laura Leautier, DVM Board Investigator Board Members Absent Betsy Phillips, DVM 1
Dr. Bradley called the meeting to order at 8:40 a.m., and took roll of the Board members. Dr. Bradley welcomed the veterinary technician class from College of Southern Nevada and explained the complaint process. Public Comment None CONSENT AGENDA 1. Approval of Board Minutes for Possible Action A. January 25, 2018 Board meeting minutes Discussion: None Motion: Dr. Damonte 2. Review & Determination of Complaints for Possible Action: A. 12-2017DVM-71; 12-2017LVT-72; 12-2017LVT-73 Discussion: None Motion: Ms. Schalles Second: Dr. Sandoval ; Dr. Bradley recused himself. REGULAR AGENDA 3. Review & Determination of Complaints/Disciplinary Action & Disciplinary Hearings for Possible Action: The Board may convene in closed session to consider the character, alleged misconduct, professional competence or physical or mental health of a person. (NRS 241.030) A. 03-2017DVM-06; Dudley Pflaum, DVM License #0728: Voluntary Surrender, Settlement Agreement, or Board decision for administrative hearing. Discussion: Mr. Ling reviewed the case and provided the Board with an overview of the proposed Voluntary Surrender. Motion: Dr. Pelsue moved to accept the Voluntary Surrender conditional upon receiving a signed copy of surrender within 10 days. ; Dr. Sandoval recused himself. B. 05-2017DVM-25; 02-2018DVM-12; 02-2018DVM-13; 02-2018DVM-14; 02-2018FAC-15 Discussion: Agenda item tabled for further investigation. No vote was taken. 2
C. 11-2017DVM-63 Discussion: After discussion of the complaint assessment, the Board recommended that disciplinary action be initiated against the licensee. Motion: Ms. Schalles moved to proceed with discipline. Second: Mr. Hengels ; Dr. Bradley abstained. D. 12-2017DVM-67 recommended that disciplinary action be initiated against the licensee. Motion: Dr. Gorman moved to proceed with discipline. Second: Dr. Sandoval ; Dr. Bradley abstained. E. 12-2017DVM-68 dismissed the complaint against the licensees with a Letter of Concern. Motion: Dr. Gorman moved to dismiss the complaint with a Letter of Concern. ; Dr. Sandoval abstained. F. 12-2017DVM- 69; 12-2017FAC-70 Discussion: After presentation to the Board this item was tabled pending further investigation. Motion: Dr. Sandoval moved to table the complaint and open an investigation into other Licensees involved in the complaint case and the facility. ; Mr. Hengels abstained. G. 12-2017DVM-74 dismissed the complaint against Dr. A (12-2017DVM-74) due to the fact there was not sufficient evidence to believe that the licensee committed an act which constituted cause for disciplinary action and open an investigation into Dr. B. Motion: Dr. Pelsue moved to dismiss the complaint against Dr. A and open an investigation against Dr. B. Second: Ms. Schalles ; Dr. Bradley abstained. 3
H. 12-2017DVM-77 Discussion 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 proceed to discipline. Second: Dr. Damonte ; Dr. Gorman abstained. Dr. Sandoval recused himself. I. 12-2017DVM-78 dismissed the complaint due to the fact there was not sufficient evidence to believe that the licensee committed an act which constituted cause for disciplinary action. Motion: Dr. Sandoval moved to dismiss the complaint. ; Dr. Gorman abstained. J. 01-2018DVM-01; 01-2018FAC-02 dismissed the complaint due to the fact there was not sufficient evidence to believe that the licensees committed an act which constituted cause for disciplinary action. Motion: Dr. Damonte moved to dismiss the complaint. Second: Dr. Bradley ; Dr. Sandoval abstained. Public comment was made. K. 01-2018DVM-04; 01-2018DVM-05; 01-2018DVM-07 dismissed the complaint against (01-2018DVM-04; 01-2018DVM-05; 01-2018DVM-07) due to the fact there was not sufficient evidence to believe that the licensees committed an act which constituted cause for disciplinary action. Motion: Dr. Pelsue moved to dismiss the complaint against all licensees named. ; Dr. Damonte abstained. Public comment made. L. 02-2018DVM-08 dismissed the complaint against the licensees with a Letter of Concern. Motion: Dr. Pelsue moved to dismiss the complaint with a Letter of Concern. ; Ms. Schalles abstained. 4
M. 02-2018DVM-09 dismissed the complaint against the licensees with a Letter of Concern. Motion: Dr. Gorman moved to dismiss the complaint with a Letter of Concern. ; Dr. Sandoval abstained. N. 02-2018DVM-10 Discussion: After presentation to the Board this item was tabled pending further investigation. Motion: Ms. Schalles moved to table the complaint and open and investigation into other licensees involved in the complaint. ; Dr. Sandoval abstained. 4. Requests for License/Reinstatement/Review of Past or Present Disciplinary Action for Possible Action A. Julia Piza, VTIT registration extension and VTNE Exam approval Discussion: The Board reviewed all documentation presented. Ms. Piza was not present. Motion: Dr. Bradley moved to deny Ms. Piza s request to continue testing. Second: none Passed: Motion failed. Motion: Dr. Pelsue moved to allow Ms. Piza to continue testing thru 12/31/2018. Second: Sandoval Passed: Aye-6; Nay-1; Ms. Schalles recused herself. B. Sharolyn Hart, LVT education approval Discussion: The Board reviewed all documentation presented. Ms. Hart was not present. Motion: Ms. Schalles moved to accept Ms. Hart s education for LVT licensure. 5. Discussion and Determination for Possible Action A. Continuing Education approval for Animal Emergency and Specialty Center s TPLO, TTA, and CBLO Introduction: Veterinarians (2 hours) Discussion: Ms. Schalles presented the CE review and recommended the course be approved for the requested 2 hours of continuing education. Motion: Dr. Gorman moved to accept Ms. Schalles recommendation. B. Fear Free Clinic Information Ms. Pedigo explained for the Board s consideration what was meant by term Fear Free Clinic, and asked for staff guidance after being approached by licensees that were interested in some of the regulation changes that would allow for some of 5
the practices involved with a Fear Free Clinic. The Board discussed the current regulations and that while it was acknowledged that it may be beneficial for some members of the public, at this time, there is not enough evidence or information to proceed with regulation changes. No changes are intended to be made at this time. C. VTIT Registration Requirements- Ms. Pedigo approached the Board requesting guidance pertaining to applicants for a VTIT registration that have graduated from a qualifying Veterinary Technician program prior to applying for VTIT. After discussion, it was recommended based on the regulation as written that staff should request proof of registration for the VTNE prior to issuing a VTIT registration. D. DEA National Conference on Pharmaceutical and Chemical Diversion Ms. Pedigo updated the Board on information obtained at the conference, regulatory measures that are occurring nationwide, and possible future regulatory measures in human and veterinary medicine. E. USP 800 Hazardous Drug Handling Ms. Pedigo updated the Board on new guidance recently updated by the United States Pharmacopeia. The Board will not make any changes at this time. F. Temporary Licensure Ms. Pedigo asked the Board to consider potential regulation changes that would establish a temporary licensure for out of state veterinarians and/or veterinary technicians to practice in Nevada. Dr. Gorman and Dr. Pelsue are interested in and feel that temporary licensure would be beneficial for DVM s, Diplomates, and the public. The potential application process could include Letters of Good Standing, the Jurisprudence Exam and will need to comply with State of Nevada Board of Pharmacy regulation if individuals were issues temporary licensures. The Species Specific Exam could potentially be waived. Due to the Board s interest, Ms. Pedigo will work on creating potential regulation language. G. Anatomy of a Complaint Ms. Pedigo updated the Board on the presentation of Anatomy of a Complaint in Reno, and offered a big thank-you for everyone s hard work. H. Veterinary Assistant s Scope for Therapeutic Laser Ms. Pedigo brought a question from licensee s before the board regarding a potential scope change to VA s allowing a Therapeutic Laser task. After discussion, there is interest in potentially changing the scope allowing VA s to perform Therapeutic Laser in a limited capacity. Ms. Pedigo will work on creating potential regulation language. 6. Staff Reports for Possible Action A. Financial Report Ms. Pedigo presented the financial report which consists of the Board s current quarterly financial revenues and expenses compared to the fiscal year s budget. Motion: Dr. Pelsue moved to approve the administrative report as presented. Second: Ms. Schalles 6
B. Administrative Report Ms. Johnson gave the administrative report, which lists the number of applicants and licensees organized by type. The numbers of applicants and licensees is show in comparison to the previous year s quarter. C. Hospital Inspection Report Ms. Johnson gave the hospital inspection report to the Board. The hospital inspection report show the number of hospitals investigated and the number of violations that were reported from each inspection. D. Legal Report Mr. Ling had nothing to report to the Board. E. Legislative Update Ms. Pedigo presented the legislative update to the Board. Regulation changes approved February 27, 2018. 7. Agenda items for next meeting 1. Telemedicine 2. Update the definition of intern 3. Increasing the ease of licensure and requirements. 8. Public Comment: Michelle Wagner updated the Board on the latest Pharmacy Board meeting regarding new regulations for veterinary hospitals and dispensing practitioners. 9. Adjournment for Possible Action Motion: Ms. Schalles moved to adjourn the meeting at 4:20 p.m. 7