New Jersey State Board
Public Session Minutes
July 24, 2002
A. CALL TO ORDER
This scheduled meeting of the Board was called to order at 9:37 a.m. in the Morris Conference Room, 6th floor, 124 Halsey Street, Newark, New Jersey.
B. ROLL CALL
The following Board Members were present for this meeting:
Board President Neal L. Beeber, DVM
Executive Director Diane I. Romano
A quorum was present for the entire meeting.
The meeting was presided over by Dr. Beeber.
In accordance with Chapter 231 of P.L. 1975, more commonly referred to as the Sunshine Law, adequate notice of this meeting was provided by mailing to the Office of the Secretary of State, the Star Ledger, the Trenton Times, the Bergen Record and the Courier Post.
C. APPROVAL OF PUBLIC MINUTES
On a motion of Dr. DeVries, seconded by Dr. Self and unanimous vote of the Board, with the exception of Mr. Scerni, who abstained, the June 26, 2002 public session Minutes were approved as submitted.
1. A-2642 (Impreveduto and Moran) - Practice Act amendments
The Division requested the Board's comments on this bill. The Board discussed the bill and determined to forward these comments:
a. NJSA 45:16-7.3 maintains the language in the current statute which requires that an applicant have actively practiced clinical veterinary medicine, surgery and dentistry during the three years preceding application. However, the regulations stipulate that the applicant have three of the last five years instead, in order to cover such situations as illness, pregnancy, hardship, etc. The Board would recommend that the statute incorporate this modification.
b. Regarding new language requiring continuing education, the Board maintains that forcing veterinarians to take continuing education in no way guarantees any degree of competency; and therefore, the Board does not feel this new requirement is necessary.
c. The bill removes requirements contained in the present statute for branch office licenses. The Board notes that these branch office licenses account for approximately $20,000 per year in the Board's budget. If eliminated, this amount would have to be made up by all the licensees who do not have branch offices, which is unfair. Additionally, these branch office licenses are used as a means of identification for consumers.
d. Concerning the new provision that board certified veterinarians would not have to be licensed in another state in order to waive our practical examination, the Board notes that there would have to be regulations drafted stipulating which specialties would be included.
2. Memo from DAG Olga Bradford re the term "animal chiropractic"
The Board discussed DAG Bradford's memo concerning the Board's use of the term "animal chiropractic" in its regulations, specifically in the definition of the "practice of veterinary medicine". On a motion of Dr. Meirs, seconded by Dr. Self and unanimous vote, the Board determined that Dr. Beeber will contact the American Veterinary Chiropractic Association to request a definition and scope of practice.
1. Anne E. Butler, DVM
Board staff will ascertain whether Dr. Butler's license is still active in California. If yes, then her application is approved; if not, the matter will be scheduled for discussion on the next Agenda.
G. FINAL ORDERS/CONSENT ORDERS
1. Lyndon Goldsmith, DVM
Dr. Goldsmith appeared with Dr. Canavan, the Medical Director Emeritus of the Physicians' Health Program. The Board also reviewed submissions from Dr. Goldsmith's attorney concerning the veterinarian's compliance with the Consent Order. The Board unanimously determined that it requires a report from Dr. Berman regarding Dr. Goldsmith's participation in his anger management behavioral course, including but not limited to Dr. Berman's findings, how often Dr. Goldsmith is attending this course, how often he will be required to attend in the future, and Dr. Berman's future course of action with this veterinarian. A decision on whether to lift Dr. Goldsmith's active license suspension is tabled until receipt of this report and the Board's deliberation.
1. I/M/O Vikki McLawhorn, DVM
The Board has not received Dr. Baxter's May 2002 report relative to Dr. McLawhorn, despite having been notified of such. The Board determined to contact Dr. McLawhorn to have her obtain this report.
2. PAVE documents
This item was tabled to the next meeting.
I. NEXT MEETING
The next regularly scheduled meeting of the Board is August 21, 2002 at 9:30 a.m. in the Essex Conference Room, 7th floor, 124 Halsey Street, Newark, New Jersey.
J. EXECUTIVE SESSION
On a motion of Dr. Zirkle, seconded by Dr. DeVries and unanimous vote, the Board unanimously moved to executive session at 11:08 a.m. to hold investigative inquiries and to consider new consumer complaints and new and pending disciplinary matters.
K. CONSUMER COMPLAINTS
The Board discussed new and pending consumer complaints and investigations in executive session and returned to open session to record their votes for those matters resulting in disciplinary action:
1. The Board voted to offer three veterinarians Consent Orders. Specifics of these orders will be made public upon settlement.
This meeting of the Board was adjourned at 4:20 p.m.