If disciplinary actions of veterinarians were more easily accessed, it would not necessarily prevent compounding incidents such as Franck's, but it would make the public more aware of whether a veterinarian has previously been disciplined in relation to compound preparations. Aligus is an organization founded to advocate against veterinary malpractice, incompetence and negligence and to educate the public about how state veterinary boards handle citizens' complaints. The following article address some of the deficiencies in this area. The article can be found at www.ALIGUS.COM
Veterinary Boards
Each state veterinary board is responsible for licensing veterinarians and regulating the practice of veterinary medicine for the State.
Their mission is to safeguard against unqualified practitioners and to protect the public against veterinary malpractice, incompetence and negligence by carrying out their regulatory duties. State statutes and rules, generally called the Veterinary Practice Act, stipulate the regulation and enforcement of veterinary medicine.
Their mission is to safeguard against unqualified practitioners and to protect the public against veterinary malpractice, incompetence and negligence by carrying out their regulatory duties. State statutes and rules, generally called the Veterinary Practice Act, stipulate the regulation and enforcement of veterinary medicine.
A performance audit of the Arizona Veterinary Medical Examining Board conducted by The Office of the Auditor General pursuant to a May 29, 1995, resolution of the Joint Legislative Audit Committee detailed deficiencies so serious as to jeopardize the continued existence of the Board. The audit stated that if the Board did not rectify these problems after a five-year time period, the Legislature should consider other alternatives to ensure that the State's regulatory
Sources: http://www.auditorgen.state.az.us/PAD/97-7s.htm; http://www.auditorgen.state.az.us/Reports/State_Agencies/Agencies/Veterinary_Examining_State_Board_of/Performance/97-07/97-7.pdf
Sources: http://www.auditorgen.state.az.us/PAD/97-7s.htm; http://www.auditorgen.state.az.us/Reports/State_Agencies/Agencies/Veterinary_Examining_State_Board_of/Performance/97-07/97-7.pdf
THESE DEFICIENCIES RAISE QUESTIONS ABOUT ALL STATE BOARDS.
1. DO BOARDS DISCIPLINE WHEN WARRANTED?
In the Arizona audit, the dismissal rate of complaints had been as high as 90 percent. Veterinary consultants retained by the Auditor General of the State of Arizona reviewed complaints from fiscal year 1996 and found that as many as one out of every six complaints dismissed should have resulted in some discipline. The Board dismissed a complaint against a veterinarian who inserted a feeding tube into a cat's lungs instead of its stomach. The cat died when food was injected through the tube. The Board dismissed a complaint against a veterinarian who euthanized a dog without the proper consent. In a Board meeting, even though the veterinarian admitted making the error, the Board still dismissed the complaint.
Source: http://www.auditorgen.state.az.us/PAD/97-7s.htm.
Since January 1, 1998 more than half of the complaints before the Arizona Board were dismissed. In an average year, one license is revoked and usually this is for drug abuse by the DVM, not animal mistreatment. Most penalties are for failure to notify the board of an address change. Only two Tucson-area veterinarians faced probation or more serious discipline in the past five years for animal care or client interaction. The board's own records are incomplete, inconsistent and inaccurate
Source: http://www.azstarnet.com/star/sun/30629VETS2f2fdst-jmd.html, June 29, 2003
The Minnesota biennial report for 2004 - 2006 shows of the closed complaint cases 73% were dismissed for fiscal year 2005; 64% dismissed for 2006.
Source: www.asu.state.mn.us/LinkClick. aspx?link=26_Vet_Med.pdf&mid=2868
An August 1, 2005 article in the Ohio newspaper, Toledo Blade, states that the Ohio Veterinary Medical Licensing Board doesn't keep a running total of disciplinary actions. Disciplinary actions and the complaints that prompted them are only recorded in the files of veterinarians and complaints are removed from the files after two years. According to the article, a review of the Board’s online meeting minutes revealed 56 disciplinary actions and 479 complaints between January, 2002, and May, 2005. But a review of the individual files for Ohio's 2,378 veterinarians found that only 45 of them have ever had disciplinary action taken against them through a disciplinary order or a settlement involving a suspension or fine.
Source: http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20050801/NEWS08/508010309
In Texas 8% or only 17 out of 212 of complaints received in 2006 resulted in discipline - 92% did not. The TVBME Strategic Plan, 2007-2011, states that the agency did not have sufficient funds for State Office of Administrative hearings in fiscal year 2006. The TVBME cites the results were having two cases that had to be postponed until funding could be acquired and that it was forced to settle several cases and reduce sanctions on other cases where it felt prosecuting them would be in the "best interest of the public".
Sources: http://cbs11tv.com/topstories/local_story_080203249.html;http://www.tbvme.state.tx.us/07-11%20Strat%20Plan.pdf
In North Carolina 52.8% of the 53 complaints considered were dismissed in 2009. Between 1995 to 2008 the dismissal rate ranged from 58 to 91%.
Source: Compilation of complaints from NCVMB Board Minutes, 1995 - 2009.
In California, 420 complaints were filed in 2000. The board issued fines and citations in only 53 cases. Six resulted in probationary measures, and four in license revocations. 85% of the complaints filed did not result in disciplinary actions. Most of the disciplinary actions involved police matters, such as drug abuse. Malpractice allegations are rarely disciplined.
Source: http://classic.sacbee.com/ourtown/pets/vets.html
In the State Board Report published by the Missouri Veterinary Medical Board September 2001, 39 official veterinary complaints were received, 11 investigations were initiated, 9 investigations were completed, 10 cases were referred to the Attorney General's office and 7 stipulation agreements were signed,
Source: http://www.ded.state.mo.us/regulatorylicensing/professionalregistration/vet/pdfs/vetvolume1iss4.pd
The Louisiana Board of Veterinary Medicine logged 24 complaints for July 2002 - June 2003. During that period 31 cases were considered and closed, with 2 cease and desist notices issued. There were two consent orders signed. There were 48 open complaints under investigation.
Source: http://www.lsbvm.org/news_02_12.htm#Complaint Statistics FY2003
In 2001 the Nevada State Board of Veterinary Medical Examiners dismissed 29 of 50 formal complaints filed (58%). There were 9 disciplinary settlement agreements. In 2002, 31 of 39 formal complaints filed were dismissed (79%). There were 6 disciplinary settlement agreements with 1 administrative hearing held/pending.
Source: http://vetboard.nv.gov/brdupd.htm
Source: http://www.auditorgen.state.az.us/PAD/97-7s.htm.
Since January 1, 1998 more than half of the complaints before the Arizona Board were dismissed. In an average year, one license is revoked and usually this is for drug abuse by the DVM, not animal mistreatment. Most penalties are for failure to notify the board of an address change. Only two Tucson-area veterinarians faced probation or more serious discipline in the past five years for animal care or client interaction. The board's own records are incomplete, inconsistent and inaccurate
Source: http://www.azstarnet.com/star/sun/30629VETS2f2fdst-jmd.html, June 29, 2003
The Minnesota biennial report for 2004 - 2006 shows of the closed complaint cases 73% were dismissed for fiscal year 2005; 64% dismissed for 2006.
Source: www.asu.state.mn.us/LinkClick. aspx?link=26_Vet_Med.pdf&mid=2868
An August 1, 2005 article in the Ohio newspaper, Toledo Blade, states that the Ohio Veterinary Medical Licensing Board doesn't keep a running total of disciplinary actions. Disciplinary actions and the complaints that prompted them are only recorded in the files of veterinarians and complaints are removed from the files after two years. According to the article, a review of the Board’s online meeting minutes revealed 56 disciplinary actions and 479 complaints between January, 2002, and May, 2005. But a review of the individual files for Ohio's 2,378 veterinarians found that only 45 of them have ever had disciplinary action taken against them through a disciplinary order or a settlement involving a suspension or fine.
Source: http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20050801/NEWS08/508010309
In Texas 8% or only 17 out of 212 of complaints received in 2006 resulted in discipline - 92% did not. The TVBME Strategic Plan, 2007-2011, states that the agency did not have sufficient funds for State Office of Administrative hearings in fiscal year 2006. The TVBME cites the results were having two cases that had to be postponed until funding could be acquired and that it was forced to settle several cases and reduce sanctions on other cases where it felt prosecuting them would be in the "best interest of the public".
Sources: http://cbs11tv.com/topstories/local_story_080203249.html;http://www.tbvme.state.tx.us/07-11%20Strat%20Plan.pdf
In North Carolina 52.8% of the 53 complaints considered were dismissed in 2009. Between 1995 to 2008 the dismissal rate ranged from 58 to 91%.
Source: Compilation of complaints from NCVMB Board Minutes, 1995 - 2009.
In California, 420 complaints were filed in 2000. The board issued fines and citations in only 53 cases. Six resulted in probationary measures, and four in license revocations. 85% of the complaints filed did not result in disciplinary actions. Most of the disciplinary actions involved police matters, such as drug abuse. Malpractice allegations are rarely disciplined.
Source: http://classic.sacbee.com/ourtown/pets/vets.html
In the State Board Report published by the Missouri Veterinary Medical Board September 2001, 39 official veterinary complaints were received, 11 investigations were initiated, 9 investigations were completed, 10 cases were referred to the Attorney General's office and 7 stipulation agreements were signed,
Source: http://www.ded.state.mo.us/regulatorylicensing/professionalregistration/vet/pdfs/vetvolume1iss4.pd
The Louisiana Board of Veterinary Medicine logged 24 complaints for July 2002 - June 2003. During that period 31 cases were considered and closed, with 2 cease and desist notices issued. There were two consent orders signed. There were 48 open complaints under investigation.
Source: http://www.lsbvm.org/news_02_12.htm#Complaint Statistics FY2003
In 2001 the Nevada State Board of Veterinary Medical Examiners dismissed 29 of 50 formal complaints filed (58%). There were 9 disciplinary settlement agreements. In 2002, 31 of 39 formal complaints filed were dismissed (79%). There were 6 disciplinary settlement agreements with 1 administrative hearing held/pending.
Source: http://vetboard.nv.gov/brdupd.htm