A follow-up to another case leads to a $250 fine for not walking out to a car with a contagious dog

Complaint: Complaint 18-125
Respondent: Maria Zayas
Premises: Low Cost Spay and Neuter
Related: 18-60

This complaint is actually a board-opened case related to findings from complaint 18-60. In that case a dog with parvo was sent home without ever actually seeing a veterinarian and later died. The attached complaint is actually the complaint from 18-60 and there doesn't appear to be any other information with respect to what they're supposed to be investigating, but they manage to make due.

Zayas' response gives her view of what happened that day. She says that a veterinary technician informed her that there was a possible parvo puppy in the parking lot and went out to take a look. She didn't want the dog coming into the clinic as it was very busy with patients at that time. The parvo test came back positive and Zayas states that she came up with a treatment plan with the technician. She states that she strongly emphasized that in-hospital care would be preferred but could not personally speak to the pet's owners at that time because of the crowd in the building. She went ahead and began putting things in motion with pharmacy but somehow the chart managed to find its way to a dischargeable status, and therefore the dog and its humans left without ever meeting a veterinarian. However, Zayas contends that while this is a legal lapse, it did not affect quality of care given the level of involvement of the veterinary technician in speaking with the clients in the parking lot.

The Investigative Committee said that Zayas' treatment recommendations were inadequate. They also stated that if she was too busy she should have just sent the dog somewhere else. The investigators voted to find violations. The board eventually issued a board order with a single violation and fined Zayas $250.

Motions

Investigative Motion: Find violation

Source: October 10, 2018 PM Investigative Committee Meeting
People:
Maria Zayas Respondent
Roll Call:
Adam Almaraz Aye
Amrit Rai Aye
Christine Butkiewicz Aye
Donald Noah Aye
William Hamilton Aye
Violations:
ARS § 32-2232(25) Performing veterinary services without having a valid veterinarian client relationship
ARS § 32-2232 (26) Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship
ARS § 32-2232 (12) as it relates to AAC R3-11-501 (1) failure to provide professionally acceptable procedures with respect to the failure to assess the needs of the patient and dispensing fluids and metronidazole at an inappropriate dose for the dog.
Result: Passed

Board Motion: Offer consent agreement

Source: November 11, 2018 Board Meeting
Proposed By: J Greg Byrne
Seconded By: Jessica Creager
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Absent
Sarah Heinrich Aye
Violations:
ARS 32-2232 (25) Performing veterinary services without valid relationship
Result: Passed

Board Motion: Offer consent agreement

Source: November 11, 2018 Board Meeting
Proposed By: Christina Bertch-Mumaw
Seconded By: Darren Wright
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Absent
Sarah Heinrich Aye
Result: Passed

Board Motion: Schedule formal hearing

Source: May 5, 2019 Board Meeting
Proposed By: Nikki Frost
Seconded By: Darren Wright
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Motion: Find violation

Source: September 9, 2019 Board Meeting
People:
Maria Zayas Respondent
Proposed By: Robyn Jaynes
Seconded By: Sarah Heinrich
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

Board Motion: Issue board order

Source: October 10, 2019 Board Meeting
Proposed By: Robyn Jaynes
Seconded By: Sarah Heinrich
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

Board Order: Order 18125 MARIA ZAYAS, DVM

Source: Order 18125 (October 10, 2019)
Violations:
A.R.S. § 32-2232 (25) Performing veterinary services without having a valid veterinarian client patient relationship.
Penalties:
Civil penalty ($250)

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.