NORTH CAROLINA VETERINARY MEDICAL BOARD

NORTH CAROLINA VETERINARY MEDICAL BOARD Thomas M. Mickey Executive Director George G. Hearn Board Attorney May 3, 2013 MAY - 7 2013 Richard W. Hawkins, DVM, President Durham Dante R. Martin, DVM, Vice President Jacksonville David T. Marshall, DVM, Secretary/Treasurer Raleigh Dwlghl E, Cochran, DVM Apax William K. Dean, DVM Hope Mills Kim D. Gemeinhardt, DVM Germanton Jonathan S. Loftis, RVT Sanford Katie O. Morgan Lillington Marguerite B. Horstman, DVM Woodlawn Animal Hospital, P.A. 415 Woodlawn Road Charlotte, NC 28209 Re: File No. 2012047-3 Dear Dr. Horstman: Enclosed are a Summary Emergency Order and Notice of Hearing issued by the N.C. Veterinary Medical Board. Please read these documents immediately. Woodlawn Animal Hospital is being prohibited from operation and your veterinary license is being suspended because you have not corrected health and sanitary Board Rule violations at Woodlawn. The Order takes effect 48 hours after you receive these documents. Please call me immediately at the Board office (919) 854-5601. Very Truly Yours, Thomas M. Mickey Executive Director TMM/dbb Enclosures cc: George G. Hearn P. Lee Craven, III 1611 JONES FRANKLIN ROAD, SUITE 106 RALEIGH, NORTH CAROLINA 27606 919-854-5601 FAX 919-854-5606

BEFORE THE NORTH CAROLINA VETERINARY MEDICAL BOARD RALEIGH, NORTH CAROLINA THE NORTH CAROLINA VETERINARY MEDICAL BOARD, Petitioner, v. MARGUERITE B. HORSTMAN, DVM Woodlawn Animal Hospital, P.A. 415 Woodlawn Road Charlotte, NC 28209 SUMMARY EMERGENCY ORDER N.C.G.S. 90-186(3) Complaint No.: 2012047-3 License No.: 998. Respondent. To: Marguerite B. Horstman, DVM Woodlawn Animal Hospital, P.A. 415 Woodlawn Road Charlotte, NC 28209 THIS MATTER coming on before the North Carolina Veterinary Medical Board (the "Board") on Friday, April 26, 2013 as a report from the Board's Committee on Investigations No. 3; and Committee No. 3 reviewed with the Board the results of recent Board inspections of Woodlawn Animal Hospital, located at 415 Woodlawn Road, Charlotte, N.C., owned and operated by Marguerite B. Horstman, DVM; and it appearing that the Board inspections of this facility were performed on May 7, 2012; November 6, 2012; March 13, 2013; and April 17, 2013, the results of which disclosed numerous health and sanitary conditions which violate Board Rule 21 NCAC 66.0207; and following the report from Committee No. 3 and discussions

with Thomas M. Mickey, the Board's Executive Director, the Board finds and concludes as follows and enters this Summary Emergency Order pursuant to N.C.G.S. 90-186(3). FINDINGS OF FACT 1. The Board has jurisdiction of Marguerite B. Horstman, DVM (hereafter, "Dr. Horstman") and of Woodlawn Animal Hospital, 415 Woodlawn Road, Charlotte, N.C. (hereafter, "Woodlawn"), a facility inspected and approved by the Veterinary Medical Board for the delivery of veterinary medical services, pursuant to G.S. 90-179 et seq. (the Veterinary Practice Act) and the administrative rules of the Board, 21 NCAC 66.0101 et seq. 2. Dr. Horstman is a licensee of the Board, holding license number 998. 3. Dr. Horstman owns Woodlawn, and owned and operated this facility on all dates alleged herein. 4. Board Rule 21 NCAC 66.0207 establishes the minimum facility and practice standards for health, sanitation, surgery and other clinical aspects of veterinary medicine for all locations under the jurisdiction of the Board where veterinary medicine is practiced in North Carolina. 5. Attached hereto and incorporated by reference as Exhibits A, B, C, and D, respectively, are copies of the results of the practice facility inspections of Woodlawn conducted by Board inspectors on May 7, 2012; November 6, 2012; March 13, 2013; and April 17, 2013. Dr. Horstman was given a copy of the inspection results at the completion of each inspection. 6. Following the May 7, 2012 inspection, Board Executive Director Thomas M. Mickey wrote Dr. Horstman by letter of May 25, 2012 of the violations of the Board Rules disclosed by the May 7, 2012 inspection. In this correspondence Mr. Mickey advised Dr.

Horstman that the violations must be corrected within 20 days of her receipt of the letter and that an additional inspection of Woodlawn would be conducted. Dr. Horstman received his letter on May 30, 2012. 7. Dr. Horstman did not correct the Rule violations disclosed by the May 7, 2012 inspection, nor did she contact the Board regarding them. 8. On November 6, 2012, the Board conducted another inspection of Woodlawn, the results of which found many of the same health and sanitary Rule 21 NCAC 66.0207 violations as had existed on May 7, 2012. On November 15, 2012 Kimberly P. Wade, the Board's practice facility coordinator, wrote Dr. Horstman with a list of the violations and discrepancies noted at the November 6, 2012 inspection. 9. Mr. Mickey also wrote Dr. Horstman on November 15, 2012 to advise her that her failure to correct the Rule 21 NCAC 66.0207 violations found by the May 7 and November 6, 2012 inspections of Woodlawn would result in his filing a Board-initiated complaint against her. 10. Dr. Horstman did not correct the deficiencies disclosed by the November 6, 2012 inspection. 11. On January 24, 2013 Mr. Mickey mailed Dr. Horstman a Board-initiated complaint alleging violations of the Veterinary Practice Act and Board Rules for her failure to correct violations of Board Rule 21 NCAC 66.0207. 12. Dr. Horstman replied to the Board-initiated complaint by letter received by the Board January 31, 2013. Dr. Horstman wrote in part that: while her illness had delayed correcting the violations, many of them had been or were being rectified; she was entering the hospital and would be unavailable for the majority of February; her associates would be working

on cleaning up the remainder of the violations; and the Hospital "will be essentially closed until I return and I will detail the repairs then." 13. Dr. Horstman has not written nor contacted the Board since the January 31, 2013 correspondence. 14. On March 13, 2013 the Board again inspected Woodlawn, the results of which confirmed that virtually none of the Rule violations and deficiencies found in the May 7 and November 6, 2012 inspections had been corrected. 15. The Board inspected Woodlawn again on April 17, 2013, the results of which demonstrated that most, if not all, of the previous violations had not been corrected, and others existed. 16. Dr. Horstman received a copy of the inspection results for April 17, 2013 but has knowingly failed to correct the 21 NCAC 66.0207 Rule violations for this and the previous three facility inspections. 17. As of April 17, 2013 Woodlawn had the following violations of Board Rule 21 NCAC 66.0207, which violations the Board, upon information and belief, finds that Dr. Horstman has not corrected: (a) General Violations of.0207 - The Board inspector on April 17, 2013 found that Woodlawn's premises have odor, clutter and a lack of sanitation; cat feces were on the floor of the surgery room; rat feces/droppings were in the (presently unused) radiology room; ceiling tiles had fallen from the radiology room ceiling leaving a hole in the ceiling, and the fallen tiles remained on the counter; there is general clutter and a lack of sanitation in the examination room; there are broken cage doors in the unsanitary animal holding area; and while

medical records have improved and there were fewer expired drugs, overall there was no change since the most recent inspection on March 13, 2013. (b).0207(b)(10) - The laboratory is unclean, disorderly and not free of odor and dust. (c).0207(b)(ll) - Of ten drugs randomly selected by the inspector on April 17, eight were out-of-date. (d).0207(b)(9) - The surgery room is unclean, disorderly and not free of odor and dust; the room is not, as required, restricted to surgery; contrary to the Rule subsection, dental prophylaxis and surgery preparation are being performed in the surgery room; only one drug is available in the surgery room for emergencies, and that drug is out-of-date; and labels on certain instruments available to be used for surgeries indicate they have not been sterilized in the autoclave since 2007. (e).0207(b)(8) - The examination rooms are unclean, disorderly, not free of odor and dust, and the rooms lack adequate storage. (f).0207(a) and (6) and (14) - The animal holding area, its cages, runs, and stalls are unsanitary and are not in sufficient repair so as to prevent injury; the litter pans, bowls, and racks are not clean, nor are they sanitized between uses; and the exterior holding areas, including the drainage of these areas, are inadequate for maintaining good hygiene. 18. Woodlawn's condition endangers, or may endanger, the public health or safety or the welfare and safety of animals being treated or housed on Woodlawn's premises. 19. By reason of the foregoing, there exist ample reasons for the Board to enter an Order that will prohibit, prior to a hearing, the operation of Woodlawn and suspend, prior to a hearing, the veterinary license issued by this Board to Dr. Horstman.

Based upon the foregoing Findings of Fact, the Board makes the following: CONCLUSIONS OF LAW 1. The Board has jurisdiction of Dr. Horstman and the subject matter of this Order. 2. Under the authority of N.C.G.S. 90-186(3), the Board, upon receiving sufficient information, may prohibit through Summary Emergency Order, prior to a hearing, the operation of any veterinary practice facility that the Board determines is endangering, or may endanger, the public health or safety, or the welfare and safety of animals, and suspend the license of the veterinarian operating the practice facility; provided that upon the issuance of a Summary Emergency Order, the Board shall issue within ten (10) days a Notice of Hearing scheduling a contested case hearing on the alleged violations. 3. Dr. Horstman is allowing health and sanitary violations of Board Rule 21 NCAC 66.0207, which endanger or may endanger the public health or safety or the welfare and safety of animals at Woodlawn, as follows: (a) General Violations of.0207 - The Board inspector on April 17, 2013 found that Woodlawn's premises have odor, clutter and a lack of sanitation; cat feces were on the floor of the surgery room; rat feces/droppings were in the (presently unused) radiology room; ceiling tiles had fallen from the radiology room ceiling leaving a hole in the ceiling, and the fallen tiles remained on the counter; there is general clutter and a lack of sanitation in the examination room; there are broken cage doors in the unsanitary animal holding area; and while the quality of medical records have improved and there were fewer expired drugs, overall there was no change since the most recent inspection on March 13, 2013. (b).0207(b)(10) - The laboratory is unclean, disorderly and not free of odor and dust.

(c).0207(b)(ll) - Often drugs randomly selected by the inspector on April 17, eight were out-of-date. (d),0207(b)(9) - The surgery room is unclean, disorderly and not free of odor and dust; the room is not, as required, restricted to surgery; contrary to the Rule subsection, dental prophylaxis and surgery preparation are being performed in the surgery room; only one drug is available in the surgery room for emergencies, and that drug is out-of-date; and labels on certain instruments available to be used for surgeries indicate they have not been sterilized by the autoclave since 2007. (e).0207(b)(8) - The examination rooms are unclean, disorderly, not free of odor and dust, and the rooms lack adequate storage. (f).0207(a) and (6) and (14) - The animal holding area, its cages, runs, and stalls are unsanitary and are not in sufficient repair so as to prevent injury; the litter pans, bowls, and racks are not clean, nor are they sanitized between uses; and the exterior holding areas, including the drainage of these areas, are inadequate for maintaining good hygiene. 4. Pursuant to N.C.G.S. 90-186(3), the operation of Woodlawn should be prohibited and Dr. Horstman's veterinary license should be suspended. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to N.C.G.S. 90-186(3), N.C.G.S. 90-179 et seq., and Board Administrative Rules 21 NCAC 66.101 et seq., the Board orders as follows: 1. As of the date and time hereafter provided, the operation of Woodlawn Animal Hospital, 415 Woodlawn Road, Charlotte, N.C., 28209, owned and maintained by Marguerite B. Horstman, DVM, is prohibited, and the veterinary license issued by this Board to Dr. Horstman is suspended, and subject to further Orders of the Board, the prohibition of operation and the

license suspension shall remain in effect until the Final Decision of the Board regarding the alleged violations by Dr. Horstman of the Veterinary Practice Act and Board Rules, as will be set forth in a Notice of Hearing to Dr. Horstman. 2. The prohibition of the operation of Woodlawn and the suspension of Dr. Horstman's veterinary license shall become effective forty-eight (48) hours after Dr. Horstman receives this Summary Emergency Order; and thereafter Dr. Horstman shall within the fortyeight (48) hours wind-up the operation of Woodlawn and close the facility and cease the practice of veterinary medicine; Dr. Horstman shall provide for the stabilization and the return or transfer of all patients under her care during this wind-up period, with appropriate regard to the conditions of the patients and with regard to maintaining their health; and until the Final Decision or other Order of the Board in this matter, Dr. Horstman shall provide to her clients who request them copies of their animals' treatment records and, until this matter is concluded, she shall remain accessible to her past clients through the U.S. mail and a published telephone number with an appropriate recorded message. 3. If not issued contemporaneously with this Order, a Notice of Hearing shall be issued to Dr. Horstman by the Board within ten (10) days of the date of this Order setting forth the alleged violations of Board Rule.0207 as recited in this Order. 4. This Order does not relieve the Board at the contested case hearing in this matter from proving by competent evidence the allegations of the Notice of Hearing. 5. This Order was authorized by the Board on April 26, 2013 following a report from its Committee on Investigations No. 3, and Executive Director Thomas M. Mickey was authorized to sign this Order.

6. If Dr. Horstman corrects all violations on which this Order is based, she may request a practice facility inspection from the Board, the expense of which she shall pay, and, subject to the results of that inspection, if the violations on which this Order is based have been corrected to the satisfaction of the Board, then she may apply in writing to the Board for an Order allowing Woodlawn to re-open, under such terms and conditions as the Board deems reasonable, pending the resolution of the allegations set forth in the Notice of Hearing. This the day of May, 2013. NORTH CAROLINA VETERINARY MEDICAL BOARD By: Thomas Executive Director

BEFORE THE NORTH CAROLINA VETERINARY MEDICAL BOARD RALEIGH, NORTH CAROLINA IN THE MATTER OF ) NOTICE OF HEARING ) MARGUERITE B. HORSTMAN, DVM ) Complaint No. 2012047-3 License No. 998 ) TO Marguerite B. Horstman, DVM Woodlawn Animal Hospital, P.A. 415 Woodlawn Road Charlotte, NC 28209 NOTICE IS HEREBY GIVEN that the North Carolina Veterinary Medical Board (hereafter "the Board"), complaining of Marguerite B. Horstman, DVM (hereafter "Dr. Horstman"), issues this Notice of Hearing pursuant to N.C.G.S. 150B-38, N.C.G.S. 90-185 and Board Administrative Rule 21 NCAC 66.0605 for a contested case hearing to be conducted on Friday, July 26, 2013 beginning at 10:00 a.m. at the N.C. Veterinary Medical Board offices, 1611 Jones Franlkin Rpoard, Suite 106, Raleigh, N.C.,, 27606 on the matters and things alleged in this Notice of Hearing. This hearing will be conducted pursuant to N.C.G.S. Chapter 150B (the Administrative Procedure Act); N.C.G.S. Chapter 90, Article 11 (N.C.G.S. 90-179 et seq., the North Carolina Veterinary Practice Act); and 21 NCAC 66.0101 et seq. (North Carolina Administrative Code, Veterinary Medical Board, Administrative Rules). Without limiting the applicable scope of the hearing, reference is made to the following specific statutes and rules involved in this hearing: 1. N.C.G.S. 90-185(2): The Board may: (2) Issue, renew, deny, suspend, or revoke licenses and limited veterinary licenses, and issue, deny, or revoke temporary permits to practice veterinary medicine in the State or otherwise discipline veterinarians consistent with the provisions of Chapter 150B of the General Statutes and of this Article and the rules adopted under this Article.

2. N.C.G.S 90-186(2) [Inspect facilities used by a practicing veterinarian and report the results to the Board; seek disciplinary actions for violations of health and sanitary Board Rules]. 3. N.C.G.S 90-186(3) [Grounds for Summary Emergency Order to prohibit operation of veterinary practice facility endangering the public health or safety and welfare of animals]. 4. N.C.G.S. 90-187.8(a) [Discipline of licensees; suspension and revocation of license]. 5. N.C.G.S. 90-187.8(b) [Assessment of civil monetary penalty]. 6. N.C.G.S 90-187.8(c)(9) [Failure to keep veterinary premises and equipment in a clean and sanitary condition; violating Board Rule prescribing minimum sanitary requirements]. 7. N.C.G.S. 90-187.8(c)(6) [Grounds for disciplinary action shall include incompetence, gross negligence, or other malpractice in the practice of veterinary medicine]. 8. N.C.G.S. 90-186(7) [Assessment of costs against licensee]. 9. Board Administrative Rule 21 NCAC 66.0105 [Applicability of Board Rules; Rules binding on licensees; licensees charged with knowledge of Board Rules], 10. Board Administrative Rule 21 NCAC 66.0205(5) [Grounds for disciplinary actions shall include violating the laws of North Carolina related to the practice of veterinary medicine or the delivery of veterinary services]. 11. Board Administrative Rule 21 NCAC 66.0207 [Minimum facility and practice standards]. 12. Board Administrative Rule 21 NCAC 66.0601 [Investigation of Veterinary Practice Act and Board Rule violations]. 13. Board Administrative Rule 21 NCAC 66.0601(1) [Assessment of costs incurred by Board against licensee]. 14. Board Administrative Rule 21 NCAC 66.0601(m) [Assessment of civil monetary penalty]. 15. Board Administrative Rule 21 NCAC 66.0605 [Notice of Hearing]. The Board will conduct this contested case hearing for the purpose of receiving evidence and determining if there is sufficient evidence to warrant disciplining Dr. Horstman for her

conduct consistent with the Veterinary Practice Act, Board Administrative Rules, N.C.G.S. Chapter 150B and applicable statutes and rules regarding contested case hearings. The Board will determine at the hearing if there is sufficient evidence to warrant assessing a civil monetary penalty or penalties against Dr. Horstman, as well as to warrant recovering costs incurred by the Board in this matter. At the hearing Dr. Horstman will be given an opportunity to appear, be heard, introduce evidence, offer witnesses on her behalf, cross-examine the Board's witnesses, and be represented by legal counsel. Dr. Horstman may file a written response with the Board not less than ten (10) days before the date of the hearing. The hearing will be heard by a hearing panel composed of a majority of the Board but the panel will not include members of the Board's Committee on Investigations No. 3. For further information, please contact Thomas M. Mickey, Executive Director, North Carolina Veterinary Medical Board at the Board offices, P.O. Box 37549, Raleigh, North Carolina, 27627'. The Board's telephone number is (919) 854-5601. All communications should be made to Mr. Mickey, Board Attorney George G. Hearn or Board Attorney P. Lee Craven, III. The Board Attorneys' phone number is (919) 743-2200. No communication should be made either directly or indirectly with any member of the Board. Should Dr. Horstman or her legal representatives wish to discuss possibilities for the resolution and settlement of this matter without the necessity of a hearing, either she or her legal representatives should contact Mr. Mickey, Mr. Hearn or Mr. Craven immediately. FACTUAL ALLEGATIONS ON WHICH THIS NOTICE OF HEARING IS ISSUED 1. The Board has jurisdiction of Marguerite B. Horstman, DVM (hereafter, "Dr. Horstman") and of Woodlawn Animal Hospital, 415 Woodlawn Road, Charlotte, N.C. (hereafter, "Woodlawn"), a facility inspected and approved by the Veterinary Medical Board for the delivery of veterinary medical services, pursuant to G.S. 90-179 et seq. (the Veterinary Practice Act) and the administrative rules of the Board, 21 NCAC 66.0101 et seq. 2. Dr. Horstman is a licensee of the Board, holding license number 998. 3. Dr. Horstman owns Woodlawn, and owned and operated this facility on all dates alleged herein. 4. Board Rule 21 NCAC 66.0207 establishes the minimum facility and practice standards for health, sanitation, surgery and other clinical aspects of veterinary medicine for all

locations under the jurisdiction of the Board where veterinary medicine is practiced in North Carolina. 5. Attached hereto and incorporated by reference as Exhibits A, B, C, and D, respectively, are copies of the results of the practice facility inspections of Woodlawn conducted by Board inspectors on May 7, 2012; November 6, 2012; March 13, 2013; and April 17, 2013. Dr. Horstman was given a copy of the inspection results at the completion of each inspection. 6. Following the May 1, 2012 inspection, Board Executive Director Thomas M. Mickey wrote Dr. Horstman by letter of May 25, 2012 of the violations of the Board Rules disclosed by the May 7, 2012 inspection. In this correspondence Mr. Mickey advised Dr. Horstman that the violations must be corrected within 20 days of her receipt of the letter and that an additional inspection of Woodlawn would be conducted. Dr. Horstman received his letter on May 30, 2012. 7. Dr. Horstman did not correct the Rule violations disclosed by the May 7, 2012 inspection, nor did she contact the Board regarding them. 8. On November 6, 2012, the Board conducted another inspection of Woodlawn, the results of which found many of the same health and sanitary Rule 21 NCAC 66.0207 violations as had existed on May 7, 2012. On November 15, 2012 Kimberly P. Wade, the Board's practice facility coordinator, wrote Dr. Horstman with a list of the violations and discrepancies noted at the November 6, 2012 inspection. 9. Mr. Mickey also wrote Dr. Horstman on November 15, 2012 to advise her that her failure to correct the Rule 21 NCAC 66.0207 violations found by the May 7 and November 6, 2012 inspections of Woodlawn had resulted in Ms filing a Board-initiated complaint against her. 10. Dr. Horstman did not correct the deficiencies disclosed by the November 6, 2012 inspection. 11. On January 24, 2013 Mr. Mickey mailed Dr. Horstman a Board-initiated complaint alleging violations of the Veterinary Practice Act and Board Rules for her failure to correct the practice facility health and sanitary violations of Board Rule 21 NCAC 66.0207. 12. Dr. Horstman replied to the Board-initiated complaint by letter received by the Board January 31, 2013. Dr. Horstman wrote in part that: while her illness had delayed correcting the violations, many of them had been or were being rectified; she was entering the hospital and would be unavailable for the majority of February; her associates would be working on cleaning up the remainder of the violations; and the Hospital "will be essentially closed until I return and I will detail the repairs then." 13. Dr. Horstman has not written nor contacted the Board since the January 31, 2013 correspondence.

14. On March 13, 2013 the Board again inspected Woodlawn, the results of which inspection confirmed that virtually none of the Rule violations and deficiencies found in the May 7 and November 6, 2012 inspections had been corrected. 15. The Board inspected Woodlawn again on April 17, 2013, the results of which demonstrated that most, if not all, of the previous violations had not been corrected, and others existed. 16. Dr. Horstman received a copy of the inspection results for April 17, 2013 but has knowingly failed to correct the Rule 21 NCAC 66.0207 violations for this and the previous three facility inspections. 17. As of April 17, 2013 Woodlawn had the following violations of Board Rule 21 NCAC 66.0207, which violations the Board, upon information and belief, finds that Dr. Horstman has not corrected: (a) General Violations of.0207 - The Board inspector on April 17, 2013 found that Woodlawn's premises have odor, clutter and a lack of sanitation; cat feces were on the floor of the surgery room; rat feces/droppings were in the (presently unused) radiology room; ceiling tiles had fallen from the radiology room ceiling leaving a hole in the ceiling, and the fallen tiles remained on the counter; there is general clutter and a lack of sanitation in the examination room; there are broken cage doors in the unsanitary animal holding area; and while medical records have improved and there were fewer expired drugs, overall there was no change since the most recent inspection on March 13, 2013. and dust. (b).0207(b)(10) - The laboratory is unclean, disorderly and not free of odor (c).0207(b)(ll) - Of ten drugs randomly selected by the inspector on April 17, eight were out-of-date. (d).0207(b)(9) - The surgery room is unclean, disorderly and not free of odor and dust; the room is not, as required, restricted to surgery; contrary to the Rule subsection, dental prophylaxis and surgery preparation are being performed in the surgery room; only one drug is available in the surgery room for emergencies, and that drug is out-of-date; and labels on certain instruments available to be used for surgeries indicate they have not been sterilized in the autoclave since 2007. (e).0207(b)(8) - The examination rooms are unclean, disorderly, not free of odor and dust, and the rooms lack adequate storage. (f).0207(a) and (6) and (14) - The animal holding area, its cages, runs, and stalls are unsanitary and are not in sufficient repair so as to prevent injury; the litter pans, bowls, and racks are not clean, nor are they sanitized between uses; and the exterior holding areas, including the drainage of these areas, are inadequate for maintaining good hygiene.

18. Woodlawn' s condition endangers, or may endanger, the public health or safety or the welfare and safety of animals being treated or housed on Woodlawn's premises. 19. By reason of the foregoing, there exist ample reasons for the Board to enter an Order that will prohibit, prior to a hearing, the operation of Woodlawn and suspend, prior to a hearing, the veterinary license issued by this Board to Dr. Horstman. 20. Under the authority of N.C.G.S. 90-186(3), the Board, upon receiving sufficient information, may prohibit through Summary Emergency Order, prior to a hearing, the operation of any veterinary practice facility that the Board determines is endangering, or may endanger, the public health or safety, or the welfare and safety of animals, and suspend the license of the veterinarian operating the practice facility; provided that upon the issuance of a Summary Emergency Order, the Board shall issue within ten (10) days a Notice of Hearing scheduling a contested case hearing on the alleged violations. 21. The health and sanitary violations by Dr. Horstman of Board Rule 21 NCAC 66.0207, as set forth in paragraph 17, above, are endangering or may endanger the public health or safety or the welfare and safety of animals at Woodlawn, and the operation of Woodlawn should be prohibited, and Dr. Horstman' s veterinary license should be suspended. This the ^rbf day of May, 2013. NORTH CAROLINA VETERINARY MEDICAL BOARD By: Thomas M. Mickey Executive Director