Disciplinary Actions in 2021
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What is a Consent Order?
An order involving a type of disciplinary action may be made to the board by the investigating board member with the consent of the person. To be accepted, a consent order requires formal consent of a majority of the quorum of the board. Such quorum does not include the investigating board member. It is not the result of the board’s deliberation; it is the board’s acceptance of an agreement reached between the board and the person. A proposed consent order may be rejected by the board in which event a formal hearing will occur. The consent order, if accepted by the board, is issued by the board to carry out the parties’ agreement. (Rule §1411 of the LA Veterinary Practice Act)
Case 21-1006 I, Petition for Reinstatement of Licensing (Meeting Date – December 2, 2021)
A licensee, formerly practicing under a Consent Order limiting the scope of practice and access to controlled substances accepted a referral for monitoring to the HPFL. After complying with the recommended outpatient counseling regimen and passing all drug screening protocols as required by the HPFL, and accepting an ongoing monitoring agreement, petitioned the Board for reinstatement of licensing – which had been suspended due to a breach of the consent order. The Board heard the petition, reviewed the evidence which established the ability of the licensee to safely and competently practice veterinary medicine and allowed relicensing, subject to ongoing compliance with the monitoring agreement suggested by HPFL.
Case 19-0405 I, Petition to Modify Consent Order (Meeting Date – October 14, 2021)
Petitioner practicing veterinary medicine under a consent order requested a modification to allow application for DEA and Board of Pharmacy Registrations, and to amend supervisory aspects of the original consent order. After review of the petition for modification, the Board granted the proposed modifications.
Case 21-0311, Consent Order (Meeting Date – October 14, 2021)
A proposed Consent Order was presented to the Board for consideration in which respondent was assessed a total fine of $5,750 and required to complete an additional ten hours of continuing education. Following the presentation, the Board approved the proposal.
Case 21-0512, Consent Order (Meeting Date – August 5, 2021)
A consent order was approved by the Board which imposed sanctions on a licensee who failed to confirm the sex of a feline thought to be presented for a spay by its owner. Following the unnecessary incision for a spay, the feline’s sex was determined to be that of a male and a neuter effected. There was a dispute concerning the owner’s representation to the licensee’s staff as to the sex of the patient. Nevertheless, the investigating/charging Board member determined the failure to independently ascertain the sex of the patient before undergoing a surgical procedure was conduct below the standard of care. The licensee was fined $250 and ordered to reimburse the Board $300 for the costs of investigation.
Case 21-1006 I, Violation of Consent Order (Meeting Date – August 5, 2021)
A hearing was held on a complaint filed by the Board against a licensee allowed to practice veterinary medicine under a prior consent order restricting the practice of veterinary medicine under circumstances where the licensee admitted impairment and agreeing to drug/alcohol testing, counseling and veterinary supervision, and the abstention from the constructive or actual possession of a controlled substance without a lawful prescription. The licensee failed to abide by the terms of the prior Consent Order. The license of the Respondent was suspended by the Board for 6 months. The licensee was referred to the HPFL for an evaluation and submission to treatment recommendations and allowed to petition the Board for a limited reinstatement in six months provided there be total compliance with the recommendations by the HPFL and a certification of the ability to practice competently and safely.
Case 20-0221, Consent Order (Meeting Date – June 3, 2021)
The licensee failed to supply a client with medical records or a synopsis thereof when a written request was made by the duly authorized agent of the client. A Consent Order imposing a fine of $250, plus a reimbursement of the costs of investigation of $750 and a public reprimand was approved by the Board.
Case 20-1210 D, Violation of Consent Order (Meeting Date – June 3, 2021)
The licensee plead guilty in state court to state law violations concerning the improper record keeping and improper prescribing and dispensing of controlled substances. A Consent Order imposing a $2,000 disciplinary fine, a reimbursement of $200 for investigative costs and an additional five continuing education hours on topics specific to record-keeping and prescribing and dispensing controlled substances was approved by the Board.
Case 21-1006 I, Violation of Consent Order (Meeting Date – June 3, 2021)
A complaint was initiated by the Board against a veterinarian practicing under the terms of a Consent Order due to an impairment issue. The Board received notice of the breach of the terms of the consent order by the licensee, who acknowledged the breach and waived the formalities of a hearing. Respondent was referred to HPFL for assessment and treatment for the substance(s) of abuse. The Respondent’s license to practice veterinary medicine was suspended. Respondent is allowed to petition the Board for limited reinstatement in 6 months, provided there is compliance with the treatment and testing protocol to be recommended by HPFLA.
Case 21-0831, Consent Order (Meeting Date – April 1, 2021)
Failure to meet the acceptable standards of veterinary medicine, more particularly: 1) Malpractice in the care of the patient 2) Misleading statements concerning the scope of care that would be afforded the patient after hours and on weekends. For violation of RS 37:1526.A(14), and Rules, Title 46, Part LXXXV, Sections 1001 et seq., more particularly Section 705(B), 705(D), 705(F) and 705(K), 1065 and the AVMA Code of Ethics principle II.B; Also, LRS 37:1526.A and Rules, Title 46, Part LXXXV, Sections 106 and 1401 et seq, a Consent Order whereby Respondent pays a $1,000 fine, a reimbursement of investigative costs of $2,500, and receives a formal reprimand for said violations.
Case 17-0916 I, Petition for Amendment to Consent Order (Meeting Date – February 4, 2021)
The licensee, having filed a petition for modification of a Consent Order, appeared at the hearing, with legal counsel. Board Legal Counsel submitted evidence and argument supporting the petition and allowing credit for out of state employment to run against the term of the Consent Order. Board Legal Counsel presented the terms of the Consent Order and history of compliance. After deliberation, the Board granted the licensee’s petition, leaving intact all other provisions.
Case 21-1104, Consent Order (Meeting Date – February 4, 2021)
Failure to comply with state and federal laws regarding the maintenance, dispensing, storage and record keeping pertaining to controlled substances and prescription drugs having been sentenced to one misdemeanor violation. For violation of Section 1526 (A) (14) of the Practice Act, Section 705 of the Board Rules and Principle II B of the AVMA’s Principles of Ethics, a Consent Order whereby Respondent pays a $1000 fine and reimbursement of investigative costs of $500.