State Board of Veterinary Medicine December 15, 2016 Minutes

RECORD OF PROCEEDINGS STATE BOARD OF VETERINARY MEDICINE PUBLIC MINUTES December 15, 2017 Notice of this meeting was given in accordance with Division of Professions and Occupations Policy Number 80-17 CONVENE The meeting of the State Board of Veterinary Medicine was convened in the Civic Center Plaza Building, 1560 Broadway, Conference Room 110 D, Denver, Colorado 80202, at 8:34 AM, by Kenneth Johnson, DVM, Board President. Present, in addition to Kenneth Johnson, DVM, Professional Member, Board President, were Board Members: Ronald Carsten, DVM, Vice President Joseph Barker, DVM, Secretary Lisa Warren, DVM Kristin Woestehoff, DVM Susie Frederick, RN, Public Member Members Not Present: Nancy Strelau, Public Member Staff present: Jacquline Arcelin, Interim Program Director Rebecca Greenberg, Assistant Attorney General Holli Weaver, Board Specialist Melissa Garner, Expedited Settlement Program Chris Gassen, Pharmacy Board, Acting Program Director APPROVAL OF MINUTES The Board reviewed the minutes from the August 11, 2016 meeting. A motion was made, seconded, and carried to approve the minutes as amended. REPORTS AND DISCUSSION ITEMS Program Director Report Interim Program Director, Jacquline Arcelin, gave updates on staffing. Chris Gassen provided information on the regulation of veterinary pharmaceuticals, specifically Senate Bill 16-062. President Report Board President, Kenneth Johnson, DVM discussed Colorado Opiate Epidemic Symposium Professional Association Katherine Garcia, PAS Case Manager, informed the Board of the Client Compliance report. Board noted.

State Board of Veterinary Medicine December 15, 2016 Minutes

CONTINUING EDUCATION A motion was made, seconded, and carried to approve request #1, 2, 3, 6-22, as submitted. A motion was made, seconded, and carried to approve request #5 for 9 hours, repeating each day. A motion was made, seconded, and carried to table request #4, for information on content. NEW BUSINESS INVESTIGATIVE REPORTS Agenda Item # 1 Jenkins, Melissa Case No. 2016-2666 After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Upon return to Open Session, a motion was made, seconded, and carried to issue a Cease and Desist Order. Another motion was made, seconded, and carried to open a complaint against Dr. Germeroth. Agenda Item # 2 Klein, Susan DVM Case No. 2016-2525 After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Upon return to Open Session, a motion was made, seconded, and carried to dismiss the case. The Board found that there was no reasonable cause to warrant further action at this time. INITIAL REVIEW Agenda Item # 3 Cowan, Stuart DVM Case No. 2016- 4925 Dr. Warren recused. After careful consideration of the information provided, a motion was made, seconded, and failed to refer to Executive Session to discuss potential disciplinary action. A second motion was made, seconded, and carried to refer the case to the Office of Investigations for additional information. Agenda Item # 4 Dixon, Lindsey Case No. 2016- 3502 After careful consideration of the information provided, a motion was made, seconded, and carried to table the case pending further information. Agenda Item # 5 Gosik, Gary DVM Case No. 2016-3273 After careful consideration of the information provided, a motion was made, seconded, and carried to refer the case to the Office of Investigations for additional information. Agenda Item # 6 Iguchi, Asuka DVM Case No. 2016-2982 After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Agenda Item # 7 Johnson, Gary DVM Case No. 2016-4911 After careful consideration of the information provided, a motion was made, seconded, and carried to dismiss the case as being without merit.

State Board of Veterinary Medicine December 15, 2016 Minutes

Agenda Item # 8 Kizer, Mary DVM Case No. 2016-4158 After careful consideration of the information provided, a motion was made, seconded, and carried to dismiss the case as being without merit.

Agenda Item # 9 Westfall, Donald DVM Case No. 2016-4897 After careful consideration of the information provided, a motion was made, seconded, and carried to dismiss the case as being without merit. Agenda Item # 10 Wheeler, Steven DVM Case No. 2016-4907 After careful consideration of the information provided, a motion was made, seconded, and carried to dismiss the case as being without merit. OLD BUSINESS TABLED ITEMS Agenda Item # 11 Ataken, Aris DVM Case No. 2016- 3692 Dr. Warren recused. After careful consideration of the information provided, a motion was made, seconded, and carried to dismiss the case as being without merit. Agenda Item # 12 Henderson, Christina DVM Case No. 2015-2754 Dr. Barker recused. After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Agenda Item # 13 Pace, Frank DVM Case No. 2015-4531 After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Agenda Item # 14 Williams, Emily DVM Case No. 2015-2805 After careful consideration of the information provided, a motion was made, seconded, and carried to refer to Executive Session to discuss potential disciplinary action. Agenda Item # 15 Ikeler, Douglas DVM Case No. 2016-0221 After careful consideration of the information provided, a motion was made, seconded, and carried to approve the Final Board Order. MONITORING REPORTS/ACTIVE STIPULATIONS No monitoring items. APPLICATIONS No applications. Executive Session Item

Kurth, Walter

Case 20154296

Upon return to Open Session, a motion was made, seconded, and carried to initiate case against Dr. D’Arcy.

State Board of Veterinary Medicine December 15, 2016 Minutes

MOTION TO MOVE INTO EXECUTIVE SESSION Kenneth Johnson, DVM, Board President, called for a motion at 12:44 P.M., that the State Board of Veterinary Medicine enter into Executive Session for the purpose of discussing with counsel disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, and receiving legal advice on specific legal questions, pursuant to Colorado Revised Statutes section 24-6-402(3)(a)(II), including: o

The legal basis for potential disciplinary action, and, where warranted, recommended settlement guidance for matters discussed in Open Session today and referred to Executive Session, specifically agenda items:      

o

Settlement, counteroffers and other legal questions pertaining to open cases referred to the Expedited Settlement Program, specifically:  

o

#1 Jenkins, Melissa, Case 2016-2666 #2 Klein, Susan, DVM Case 2016-2525 #6 Iguchi, Asuka, DVM Case 2016-2982 #12 Henderson, Christina, DVM Case 2015-2754 #13 Pace, Frank, DVM Case 2015-4531 #14 Williams, Emily, DVM Case 2015-2805

Lassen, David, DVM Case 2016-2645 Rechten, Gary, DVM Case 2015-3198

Counteroffers, settlement issues and other legal questions pertaining to cases with the Attorney General’s Office, specifically: 

Kurth, Walter, DVM Cases 2015-4296 and 2015-2983

By unanimous agreement, the Board exited Executive Session at 2:47 PM and reconvened in Open Session. OPEN SESSION Board motions made in open session for matters referred to executive session are noted above, if applicable.

ADJOURN The Board formally adjourned the meeting at 2:50 PM. Pursuant to section 24-6-402(2)(d.5)(I)(B), C.R.S., as Board President, I attest that the Executive Session of the State Board of Veterinary Medicine meeting held on October 13,2016 was confined to the topics authorized for discussion pursuant to sections 24-6-402(3)(a)(II), (III), and (IV), C.R.S.

State Board of Veterinary Medicine December 15, 2016 Minutes

As Board President, I attest that these minutes of the open public meeting of the Colorado State Board of Veterinary Medicine substantially reflect the substance of the discussions and actions taken related to matters under the authority of the Board, and in compliance with § 24-6-402, C.R.S.

Board President