A freebie spay-and-neuter in someone's living room leads to a dead dog and no charges

Complaint: Complaint 18-06
Respondent: John Heller
Premises: Homeward Bound Veterinary Services

The complainant rescued a pug from a backyard in Tucson where his sibling had already died in the heat. She gave the dog to her parents. Her parents called up John Heller, their veterinarian friend, to arrange a neuter and dewclaw removal. The family already knew Heller as he'd euthanized several of their pets. Heller showed up to do the job in the living room without most of the accoutrements of modern medicine. The neuter was successful but the dog began to move and twitch during removal of the first declaw; by the time the second dewclaw was removed the dog wasn't moving because he was dead.

Heller says that the parents knew the risks but wanted to save money, and that he had been made aware of "family difficulties" (I assume between the complaintant and parents). What bearing that has on the dead dog as anyone's guess. The Investigative Committee found many, many violations, all of which were disposed of by the veterinary board. You see, under Arizona law, since he says he did the job for free, there's nothing the veterinary board can do to discipline him.

Why nobody reported Heller for animal cruelty or attempted to sanction him through one of the professional veterinary associations is an interesting question. Why do you think that might be?

Motions

Investigative Motion: Find violation

Source: November 11, 2017 AM Investigative Committee Meeting
People:
David Stoll Respondent Attorney
John Heller Respondent
Roll Call:
Alex Casuccio Aye
Christine Butkiewicz Abstained
Ed Hunter Aye
Mary Williams Aye
Ryan Ainsworth Aye
Violations:
ARS 32-2272 (B)(3) performing surgery without indicating on his premise license application that he would be providing such services.
ARS 32-2272 (C) performing surgery through his premises without advising the Board that there were changes in the scope of veterinary services that were being offered.
ARS 32-2232 (11) Gross negligence for performing surgery on a brachycephalic breed without an endotracheal tube and oxygen.
ARS 32-2232 (72) as it relates to AAC R3-11-501 (1) failure to provide current professional and scientific knowledge by performing surgery on a brachycephalic breed without an endotracheal tube and oxygen.
ARS 32-2232 (18) as it relates to AAC R3-77-702; failure to have oxygen available for surgical procedures.
ARS 2-2232 (18) as it relates to AAC R3-11-704 (3) failure to have an oxygen tank for animals that will receive general anesthesia.
ARS 32-2232 (21) as it relates to AAC R3-11-502 (H) (1) failure to obtain signed authorization, a verbal authorization that is witnessed by one other individual and documented in the medical record, prior to general anesthesia or surgery is performed.
ARS 32-2232 (21) as it relates to AAC R3-17-502 (H) (3) failure to record the animal's heart rate and respiratory rate immediately after giving a genera/ anesthetic and monitored and recorded every 15 minutes while anesthesia is being administered.
Result: Passed

Board Motion: Schedule informal interview

Source: December 12, 2017 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Sarah Heinrich
Seconded By: J Greg Byrne
Roll Call:
Christina Bertch-Mumaw Recused
Darren Wright Absent
J Greg Byrne Aye
Jessica Creager Absent
Jim Loughead Aye
Julie Young Absent
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

Board Motion: Dismiss with no violation

Source: February 2, 2018 Board Meeting
People:
David Stoll Respondent Attorney
John Heller Respondent
Proposed By: Nikki Frost
Seconded By: Sarah Heinrich
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Absent
Jessica Creager Aye
Jim Loughead Aye
Julie Young Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

The primary source for the above summary was obtained as a public record from the Arizona State Veterinary Medical Examining Board. You are welcome to review the original records and board meeting minutes by clicking the relevant links. While we endeavor to provide an accurate summary of the complaint, response, investigative reports and board actions, we encourage you to review the primary sources and come to your own conclusions. In some cases we have also been able to reach out to individuals with knowledge of specific complaints, and where possible that information will be included here.