DOUGLAS A. DUCEY . VICTORIA WHITMORE
- GOVERNOR - - EXECUTIVE DIRECTOR -

ARIZONA STATE VETERINARY MEDICAL EXAMINING BOARD
1740 W. ADAMS ST., STE. 4600 | PHOENIX, ARIZONA 85007
PHONE: (602) 364-1-PET 0 FAX: (602) 364-1039

VETBOARD.AZ.GOV

MINUTES
August 18, 2021
Board Room A, at 8:30 a.m.
1740 W. Adams Street, Board Room A
Phoenix, Arizona 85007

Members Present: Mr. Jim Loughead, Ms. Jessica Creager, Ms. Jane Soloman (left at 1:50pm), Ms.
Nikki Frost, CVT (telephonic), Dr. Greg Byrne, Dr. Robyn Jaynes (telephonic), and Dr. Darren Wright
(telephonic).

Members Absent: Dr. Sarah Heinrich.

Staff and Legal Counsel Present: Ms. Victoria Whitmore, Executive Director; Mr. Marc Harris, AAG
(Assistant Attorney General); and Ms. Tracy Riendeau, CVT, Senior Medical Investigator.

1. 1. CALL TO ORDER
2.
Roll call: Dr. Wright at 8:30 a.m.

Il. INITIAL INVESTIGATIVE REVIEW AND ACTION ON THE FOLLOWING CASES:

3. 21-80, In Re: Patrick Ryan, DVM

After discussion and consideration, a motion was made by Dr. Wright and seconded by Ms.
Soloman to accept the Investigative Committee's recommendation and dismiss this issue with
no violation. Motion passed unanimously.

4. 21-81, In Re: Dorothy Nelson, DVM

Attorney David Stoll was present to monitor. After discussion and consideration, a motion was
made by Ms. Frost and seconded by Ms. Creager to accept the Investigative Committee's
recommendation and dismiss this issue with no violation. Motion passed unanimously.

5. 21-82,In Re: Elsa Swenson, DVM

Attorney David Stoll was present to monitor. Ms. Dominique Horton was present telephonically
and made statements. After discussion and consideration, a motion was made by Dr. Jaynes
and seconded by Ms. Soloman to accept the Investigative Committee’s recommendation
and dismiss this issue with no violation, and issue a Letter of Concern with respect to
communication between reception staff and veterinary staff and ensuring when a particular

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veterinary staff member is unavailable, client communications are still being addressed by a
veterinarian. Motion passed unanimously.

After discussion and consideration, a motion was made by Ms. Soloman to open an
investigation against the Responsible Veterinarian of the premises for ensuring reception staff
is getting messages from a pet owner to a veterinarian. No second; motion failed.

6. 21-83, In Re: Bernard Mangone, DVM

After discussion and consideration, a motion was made by Ms. Creager and seconded by Ms.
Soloman to accept the Investigative Committee's recommendation to dismiss this issue with
no violation. Motion passed unanimously.

7. 21-84, In Re: Lorna Lanman, DVM

Ms. Soloman recused. Attorney David Stoll was present and made statements on behalf of Dr.
Lanman. After discussion and consideration, a motion was made by Dr. Jaynes and seconded
by Ms. Creager to schedule this matter to an Informal Interview. Motion passed 6 ayes, |
recusal.

8. 21-85, In Re: Leigh P. Jackson, DVM

Ms. Frost recused. Attorney David Stoll was present to monitor. After discussion and
consideration, a motion was made by Ms. Soloman to schedule this matter to an Informal
Interview. No second; motion failed.

After further discussion and consideration, a motion was made by Ms. Soloman and seconded
by Mr. Loughead to accept the Investigative Committee's recommendation and dismiss this
issue with no violation and issue a Letter of Concern as it is the licensee's responsibility fo ensure
the medical records are in accordance the Statute's and Rules. Motion passed 6 ayes, | nay.

9. 21-86, In Re: Kaitlyn Radosevich, DVM

Ms. Frost recused. Attorney David Stoll was present to monitor. After discussion and
consideration, a motion was made by Ms. Soloman and seconded by Mr. Loughead to accept
the Investigative Committee's recommendation and dismiss this issue with no violation and
issue a Letter of Concern as it is the licensee’s responsibility to ensure the medical records are
in accordance the Statute's and Rules. Motion passed 6 ayes, | nay.

10. 21-87, In Re: Ryan Lunt, DVM

Attorney David Stoll was present to monitor. After discussion and consideration, a motion was
made by Ms. Soloman and seconded by Ms. Creager to accept the Investigative Committee's
recommendation and dismiss this issue with no violation. Motion passed Unanimously.

11. 21-88, In Re: Mackenzie Kurth, DVM

Dr. Kurth was present with attorney, Ashley Fitzsimmons, and made statements. After discussion
and consideration, a motion was made by Dr. Jaynes and seconded by Ms. Creager to accept
the Investigative Committee’s recommendation and dismiss this issue with no violation. Motion
passed unanimously.

12. 21-89, In Re: Kelsie Leavitt, DVM

Dr. Leavitt was present with attorney, T. Scott King, and made statements. After discussion and
consideration, a motion was made by Dr. Jaynes and seconded by Ms. Soloman to schedule
this matter to an Informal Interview. Motion passed unanimously.

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13. 21-90, In Re: Hannah Wachtel, DVM

Attorney David Stoll was present to monitor. After discussion and consideration, a motion was
made by Dr. Wright and seconded by Ms. Creager to accept the Investigative Committee's
recommendation and dismiss this issue with no violation. Motion passed unanimously.

14. 21-91, In Re: Catalin Petcu, DVM

Ms. Dorothy Richardson was present and made statements. Ms. Denise DiGuacomo was
present and made statements. After discussion and consideration, a motion was made by Dr.
Wright and seconded by Ms. Creager to disagree with the Investigative Committee's
recommendation and dismiss this issue with no violation and issue a Letter of Concern with
respect to ensuring his medical records are in accordance with the Statutes and Rules. Motion
passed 6 ayes, 1 nay (Ms. Soloman).

15. 21-92, In Re: Kathryn Mueller DVM

Attorney David Stoll was present to monitor. Mr. Gary Widemshek could not be reached. After
discussion and consideration, a motion was made by Ms. Frost and seconded by Dr. Jaynes to
accept the Investigative Committee's recommendation and dismiss this issue with no violation.
Motion passed unanimously.

lil. INFORMAL INTERVIEWS - BOARD DELIBERATION AND ACTION

1. 21-57: In Re: Rachael McKinney, DVM

Dr. McKinney was present with attorney David Stoll, made statements and answered questions.
After discussion and consideration, a motion was made by Dr. Byrne and seconded by Ms.
Creager to dismiss this issue with no violation. Roll call: Dr. Byrne, aye; Dr. Wright, aye; Ms. Frost,
aye; Ms. Creager, aye; Dr. Jaynes, aye; Mr. Loughead, aye; and Ms. Soloman, aye. Motion
passed unanimously.

2. 21-96: In Re: Melanie Rettler, DVM

Dr. Rettler was present telephonically, made statements and answered questions. After
discussion and consideration, a motion was made by Ms. Soloman and seconded by Ms.
Creager to adopt the Findings of Fact in the Investigative Division Report and add a Finding of
Fact reflecting the evidence of the certified mailing of the Informal Interview notice. Roll call:
Dr. Byrne, aye; Dr. Wright, aye; Ms. Frost, aye; Ms. Creager, aye; Dr. Jaynes, aye; Mr. Loughead,
aye; and Ms. Soloman, aye. Motion passed unanimously.

After further discussion and consideration, a motion was made by Ms. Soloman and seconded
by Ms. Creager to find Dr. Rettler in violation of ARS § 32-2274 (A) (9) for failure to maintain a
premises license for two years; 2019 — 2020. Respondent continued to provide veterinary
medical services to the public without a premises license. Roll call: Dr. Byrne, aye; Dr. Wright,
aye; Ms. Frost, aye; Ms. Creager, aye; Dr. Jaynes, aye; Mr. Loughead, aye; and Ms. Soloman,
aye. Motion passed unanimously.

3. 21-53: In Re: Deborah Chapman, DVM - Continuance of Informal Interview of July 21,

2021, for the purpose of receiving additional information and reviewing possible action to
approve proposed Findings of Fact, Conclusions of Law, and adopting an Order.

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Attorney David Stoll was present to monitor. After discussion and consideration, a motion was
made by Dr. Wright and seconded by Ms. Creager to adopt the Findings of Fact and
Conclusions of Law as drafted. Motion passed 6 ayes, 1 nay (Mr. Loughead).

After further discussion and consideration, a motion was made by Dr. Wright and seconded by
Ms. Creager to issue Dr. Chapman an Order that includes a period of Probation of 1 year to
obtain six (46) hours of continuing education, in addition to the statutory requirements to
maintain licensure. Those six (6) hours shall be in communication. The Order shall also include a
$500 civil penalty. Roll call: Dr. Byrne, aye; Dr. Wright, aye; Ms. Frost, aye; Ms. Creager, aye; Dr.
Jaynes, aye; Mr. Loughead, nay; and Ms. Soloman, aye. Motion passed 6 ayes, I nay.

IV. ADMINISTRATIVE (FORMAL) HEARING

1. 21-68: In Re: Angela Ryan, CVT

The Board conducted a formal administrative hearing. Assistant Attorney General, Justin
Larson, represented the State, made opening and closing statements, presented exhibits, and
asked questions of the witness. Witness, Senior Medical Investigator for the Arizona State
Veterinary Examining Board, Tracy Riendeau, C.V.T., was present and testified.

Assistant Attorney General, Michael Raine, was present to provide independent legal advice
to the Board.

Respondent was noticed and did not appear. The Board chair confirmed that Respondent
was not present for the hearing. At the request of State, the Board chair admitted the State's
exhibits 1-12.

After discussion and consideration, a motion was made by Ms. Soloman and seconded by Ms.
Creager to adopt the State’s Factual Allegations and Allegations of Unprofessional Conduct
as its Findings of Fact and Conclusions of Law. Roll call: Dr. Byrne, aye; Dr. Wright, aye; Ms. Frost,
aye; Ms. Creager, aye; Dr. Jaynes, aye; Mr. Loughead, aye; and Ms. Soloman, aye. Motion
passed unanimously.

After further discussion and consideration, a motion was made by Ms. Soloman and seconded
by Ms. Creager to issue Ms. Ryan an Order for Revocation of her Certificate, number V1895.
Roll call: Dr. Byrne, aye; Dr. Wright, aye; Ms. Frost, aye; Ms. Creager, aye; Dr. Jaynes, aye; Mr.
Loughead, aye; and Ms. Soloman, aye. Motion passed unanimously.

The Board chair indicated that the Board's decision would be reduced to a written order and
that the parties would have further appeal rights. The matter concluded.

V. ADMINISTRATIVE REVIEW OF PREVIOUS ACTIONS

1. 20-86: In Re: Leon Ford, DVM. Quarterly appearance as required by Consent Agreement.
Board may review, discuss, and take action on information presented.

Dr. Ford appeared in compliance with his Consent Agreement, made statements and
answered questions.

2. 21-66: In Re: Tressa MacLennan, DVM. Quarterly appearance as required by Consent
Agreement. Board may review, discuss, and take action on information presented.

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Dr. MacLennan appeared in compliance with her Consent Agreement, made statements and
answered questions.

3. 20-83: In Re: Hugo Santibanez, DVM. Board may review, discuss, and take action on
completion of continuing education as required by Board Order and may return license to
Active status.

After discussion and consideration, a motion was made by Ms. Creager and seconded by Ms.
Soloman to approve Dr. Santibanez's completion of continuing education as required by his
Board Order and return his license to Active status. Motion passed unanimously.

4. 21-04: In Re: Bernard Cohen, DVM. Board may review, discuss, and take action on
continuing education plan submitted in compliance with Board Order.

After discussion and consideration, a motion was made by Ms. Creager and seconded by Dr.
Byrne to approve Dr. Cohen's continuing education plan in compliance with his Board Order.
Motion passed unanimously.

5. 21-06: In Re: Amy Coy, DVM. Board may review, discuss, and take action on continuing
education plan submitted in compliance with Board Order.
No action taken. Matter will be placed on a future Board meeting.

VI. REPORTS, CORRESPONDENCE, REFERRALS AND OTHER BUSINESS

1. Board may review, discuss, and take action on veterinary license applications:
a. Jessica Braun
After discussion and consideration, a motion was made by Ms. Creager and seconded by
Ms. Soloman to approve Ms. Braun's veterinary license application. Motion passed
unanimously.

b. Elizabeth Franz

After discussion and consideration, a motion was made by Ms. Creager and seconded by
Ms. Soloman to approve Ms. Franz’s veterinary license application. Motion passed
unanimously.

c. Ryan Navarro

After discussion and consideration, a motion was made by Ms. Creager and seconded by
Ms. Soloman to approve Mr. Navarro's veterinary license application. Motion passed
Unanimously.

d. Kathryn Phillip

After discussion and consideration, a motion was made by Ms. Creager and seconded by
Ms. Soloman to approve Ms. Philip's veterinary license application. Motion passed
unanimously.

2. Board may review, discuss, and take action on requests for Continuing Education course
approval:
a. Rebecca Talbott, CVT: Introduction To Anesthesia (1.5 hr.); Pharmacology, Equipment of
Anesthesia and Intra-Operative Period (1.5 hr.); Local Blocks and Anesthetic Trouble-
shooting (1.0 hr.); Medical Math (1.0 hr.); CPR, (40 minutes) total lecture hours 5.5 hours fo
be held Oct. 7, 2021.

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After discussion and consideration, a motion was made by Ms. Frost and seconded by Ms.
Creager to approve Ms. Talbott’s Continuing Education course. Motion passed
unanimously.

b. American Association of Zoo Veterinarians Conference, October 12 - November 5, 2021.
After discussion and consideration, a motion was made by Ms. Creager and seconded by
Ms. Soloman to approve the American Association of Zoo Veterinarians Conference
courses that fall within the 60-day timeframe from time of request. Motion passed
unanimously.

3. Board may review, discuss, and take action to select interviewees and/or may appoint
Investigative Committee members:
a. Gregg Maura
Mr. Maura was present, made statements and answered questions. After discussion and
consideration, a motion was made by Ms. Frost and seconded by Ms. Soloman to appoint
Mr. Maura to the PM Investigative Committee. Motion passed unanimously.

b. Justin McCormick, DVM
After discussion and consideration, Board directed staff to invite Dr. McCormick to next
month's Board meeting for an interview.

c. Thomas Schaefer, DVM
After discussion and consideration, Board directed staff to hold Dr. Schaefer's application
for consideration at a later date and time.

4. Board may review, discuss, and take action on complaint against Landon Ames, possible
unlicensed practitioner.

After discussion and consideration, a motion was made by Mr. Loughead and seconded by
Ms. Creager to open an investigation with respect to Mr. Ames’ services. Motion passed
unanimously.

5. Board may review, discuss, and take action on information received on possible
unlicensed practitioners MaryAnn Torres Luna and Al Luna at Future Pawprints.

After discussion and consideration, a motion was made by Mr. Loughead and seconded by
Ms. Creager to open an investigation with respect to services being provided by MaryAnn and
Al Luna through Future Pawprints. Motion passed unanimously.

6. Board may review, discuss, and take action on unlicensed practitioner case C-21-07, In
Re: Cassidy Charmayne’s non-response to the investigation.

After discussion and consideration, a motion was made by Ms. Soloman and seconded by Ms.
Soloman to refer the matter to the appropriate County Attorney's Office. Motion passed
unanimously.

7. Board may review, discuss, and take action on request regarding the clarification of
interpretation of A.R.S. § 32-2242(B) pertaining to Certified Veterinary Technician applications
requirements, per A.R.S. § 41-1001.02:
a. Jessica Kulberg
After discussion and consideration, a motion was made by Ms. Frost and seconded by Dr.
Jaynes to conclude that Ms. Kulberg’s education is equivalent to a two-year curriculum in
veterinary technology related to A.R.S. §32-2242(B). Motion passed unanimously.

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8. Board may review, discuss, and take action on report of dismissal of lowa Board of
Veterinary Medicine case, re: Matthew Keller, DVM.
No action taken.

9. Board may review, discuss, and take action on premises inspections:
a. R3426: Kaibab Veterinary Clinic. Monet Martin, DVM
After discussion and consideration, a motion was made by Ms. Soloman and seconded by
Ms. Creager to open an investigation regarding non-compliance with respect to controlled
substance logs. Motion passed unanimously.

10. Board may discuss and take action on overview of the Investigative Committee’s role and
responsibilities.
Matter will be placed on future Board Agenda.

11. Board may review, discuss, and take action on information received regarding possible
unlicensed practitioners and/or concerns regarding care provided by veterinarian at Animal
Kingdom in Arizona Mills.

After discussion and consideration, Board directed staff to obtain information, in writing, with
respect to the treatment of animals by veterinarians and non-veterinary staff at Animal
Kingdom.

12. Board may review, discuss, and take action on FY2022 year-end financial reports.
Ms. Whitmore updated the Board with respect to the FY2022 year-end financial reports.

13. Board may review, discuss, and take action on FY2023 budget request.
Ms. Whitmore updated the Board with respect fo the FY2023 budget request.

Vil. REVIEW AND APPROVAL OF MINUTES

1. July 21, 2021 Regular Session

After discussion and consideration, a motion was made by Ms. Creager and seconded by Dr.
Byrne to approve the July 21, 2021 Regular Session minutes. Motion passed 6 ayes, 1 absent
(Ms. Soloman).

2. July 21, 2021 Executive Session

After discussion and consideration, a motion was made by Ms. Creager and seconded by Dr.
Byrne to approve the July 21, 2021 Regular Session minutes. Motion passed 6 ayes, 1 absent
(Ms. Soloman).

Vill. CONSENT AGENDA

A. Approval of Premises Licenses - Responsible Veterinarian listed

R3702: Happy Endings In Home Pet Euthanasia. New Address. Michael Fixler, DVM
R3703: VetiQ Petcare — Mesa (NW). New Premises. Charles Cantrell, DVM

R3704: VetlQ Petcare — Glendale (NW). New Premises. Charles Cantrell, DVM
R3705: VetlQ Petcare — Queen Creek. New Premises. Charles Cantrell, DVM
R3706: VetlQ Petcare — Tempe. New Premises. Charles Cantrell, DVM

OF ey eho

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6. R3711: Veterinary Neurological Center. New Responsible Veterinarian. Trevor Moore, DVM
7. R3713: Jason Eberhardt, LLC. New Premises. Jason Eberhardt, DVM
8. R3714: Banfield Pet Hospital #1066. New Responsible Veterinarian. Annah Hanson, DVM
9. R3715: Banfield Pet Hospital # 0157. New Responsible Veterinarian. Benjamin Macuil-Rojas,
DVM
10. R3716: Banfield Pet Hospital # 1041. New Responsible Veterinarian. Benjamin Macuil-Rojas,
DVM
11.R3717: Banfield Pet Hospital # 1004. New Responsible Veterinarian. Heather Penton, DVM
12. R3718: Banfield Pet Hospital #0135. New Responsible Veterinarian. Gabriel Franca, DVM
13. R3720: Banfield Pet Hospital #1190. New Responsible Veterinarian. Drew Pearson, DVM
14, R3721: Banfield Pet Hospital #1908. New Responsible Veterinarian. Heather Penton, DVM
15. R3722: Banfield Pet Hospital #0154. New Responsible Veterinarian. Annah Hanson, DVM
16. R3723: Adrienne Mulligan, DVM Home Premises, New Premises. Adrienne Mulligan, DVM
17. R3724: Banfield Pet Hospital #1864. New Responsible Veterinarian. Dharti Patel, DVM
18. R3725: Banfield Pet Hospital #1809. New Responsible Veterinarian. Gabriel Franca, DVM
19. R3726: Banfield Pet Hospital #2474. New Responsible Veterinarian. Dharti Patel, DVM
20. R3728: East Mesa Animal Hospital. New Responsible Veterinarian. Barbara Guminski, DVM
21. R3733: Gilbert Queen Creek Emergency Veterinarian and Pet Urgent Care. New Premises.
Erin Greenwood, DVM
A (2), (3), (4), (5), (6), (11), (14), (18), and (20) Removed from the Consent Agenda.
Approval of Premises Licenses granted.

B. Approval of Random Premises Inspections — Responsible Veterinarian Listed
ROO89: Desert Equine Services. Jennifer Miller, DVM
RO365: Val Vista Animal Hospital. Angela Caldwell, DVM
R1339: Dreamy Draw Cat Hospital. Heather Oyan, DVM
R2364: Cordell Veterinary Services. Calvin Cordell, DVM
R3444: Mobile Animal C Jonnie Quantz, DVM
R3456: Sunburst Animal Hospital. Mark Stevens, DVM
R3549: Maricopa Animal Hospital. Kelly Larson, DVM
R3559: Heidi's Village Veterinary Center. Leo Egar, DVM
R3444: Mobile Animal CT. Jonnie Quantz, DVM
0. R3493: Aspen Veterinary Clinic. Jesse Saul, DVM
B (3) and (5) Removed from Consent Agenda.
Approval of Random Premises Inspections granted.

SOP NSS Ses

C. Approval of Premises Change of Scope
1. R3456: Sunburst Animal Hospital, LLC. Addition of a Mobile Unit. Mark A. Stevens, DVM.
Approval of Premises Change of Scope granted.

After discussion and consideration, a motion was made by Dr. Wright and seconded by Ms.
Creager to approve the Consent Agenda as amended. Motion passed unanimously.

Items Removed From Consent Agenda:
A (2), (3), (4), (5), (11) and (14):

After discussion and consideration, a motion was made by Dr. Wright and seconded by Ms.
Creager to approve pending inspection and compliance. Motion passed unanimously.

A (18) and B (5):

TT
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No action taken - agenda typo.

A (6):
After discussion and consideration, a motion was made by Dr. Wright and seconded by Ms.
Creager to approve the premises license. Motion passed unanimously.

A (20):

After discussion and consideration, a motion was made by Mr. Loughead and seconded by
Ms. Creager to approve the premises license and direct staff to obtain information, in writing,
on what Dr. Kern's current role is at the premises to ensure compliance with her Consent
Agreement. Motion passed unanimously.

B (3):

After discussion and consideration, a motion was made by Ms. Soloman and seconded by Ms.
Creager to approve the premises license and open an investigation with respect to the overall
condition of the premises, including medical record storage, controlled substance log
maintenance, cleanliness, and clutter. Motion passed unanimously.

IX. SUMMARY OF CURRENT EVENTS

X.

No current events.

CALL TO THE PUBLIC
Mr, Johnny Johnson addressed the Board.

XI. ESTABLISHMENT OF FUTURE MEETING DATE

The next regular meeting will be held on Wednesday, September 15, 2021, beginning at 8:30
a.m. at 1740 W. Adams Street, Board Room “A," Phoenix, Arizona, 85007. One or more Board
members may appear telephonically.

Xil. ADJOURNMENT

Meeting adjourned at 2:10pm.

Respectfully submitted,

Widen

Victoria Whitmore, Executive Director

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