| Complaint: | Complaint 18-83 |
|---|---|
| Respondent: | Virginia Kern |
| Premises: | East Mesa Animal Hospital |
The complainant brought her puppy to Kern for a new puppy exam. The complainant says she provided vaccination records from the breeder. She also says Kern examined the dog and gave the dog vaccinations. Returning home, she did some research and found that some of the vaccines should not have been given to the dog, called the office with questions, and was told that some of the information she was discharged with was actually in error. She asked them to email updated information and was told their computers were too obsolete to do so.
Kern's reply is quite succinct and states that most of the problem stems from the fact that the information from the breeder's records were not entered into the system at her clinic. She also says that they've corrected these going forward so it would not happen again.
There is also a letter from Kern's lawyer, Josh Bendor, defending his client. He states that there were medical record keeping errors of various kinds and that she's going to do a better job from now on. There's also a mention about expired vaccines, stating that Kern was shocked to discover that her facility had expired vaccines and that she directed her staff to clean out the refrigerator once it was known. Lastly, it appears that some of the vaccine administration fell outside of current clinical practice, which Bendor states was likely because Kern was undergoing chemotherapy at the time the guidelines changed and was not aware.
The Investigative Committee found three different violations related to record keeping, expired supplies, and failure to provide professionally acceptable procedures. The veterinary board gave her eight hours of continuing education and a $500 fine.
| Source: | July 7, 2018 PM Investigative Committee Meeting |
|---|---|
| People: | |
| Josh Bendor | Respondent Attorney |
| Virginia Kern | Respondent |
| Roll Call: | |
| Adam Almaraz | Aye |
| Amrit Rai | Aye |
| Christine Butkiewicz | Aye |
| Donald Noah | Aye |
| Tamara Murphy | Aye |
| Violations: | |
| ARS 32-2232 (21) as it relates to AAC R3-11-502 (L) (4) for not documenting in the medical record the results of exam, including general condition of the animal; and (L) (7) (d) for not documenting in the medical record the route of administration of the vaccine administered to the dog. | |
| ARS 32-2232 (18) as it relates to AAC R3-11-501 (D) for failure to ensure no expired supplies are used. | |
| ARS 32-2232 (12) as it relates to AAC R3-11-501 (1) for failure to use current professional and scientific knowledge by administering adistemper measles vaccine to the puppy as it is not the current recommended protocol. | |
| Result: | Passed |
| Source: | August 8, 2018 Board Meeting |
|---|---|
| People: | |
| Josh Bendor | Respondent Attorney |
| Proposed By: | Robyn Jaynes |
| Seconded By: | Christina Bertch-Mumaw |
| Roll Call: | |
| Christina Bertch-Mumaw | Aye |
| 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 |
| Violations: | |
| ARS 32-2232 (21) Failure to document in the medical record | |
| ARS 32-2232 (21) Failure to document in the medical record | |
| ARS 32-2232 (18) Failure to ensure no expired supplies are used | |
| ARS 32-2232 (12) Failure to use current professional and scientific knowledge | |
| Result: | Passed |
| Source: | August 8, 2018 Board Meeting |
|---|---|
| People: | |
| Josh Bendor | Respondent Attorney |
| Proposed By: | Robyn Jaynes |
| Seconded By: | Christina Bertch-Mumaw |
| Roll Call: | |
| Christina Bertch-Mumaw | Aye |
| 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 |
| Source: | Order 18083 (October 10, 2018) |
|---|---|
| Violations: | |
| A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L)(4) for not documenting in the medical record the results of exam, including general condition of the animal. | |
| A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L)(7)(d) for not documenting in the medical record the route of administration of the vaccine administered to the dog. | |
| A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-501 (D) for failure to ensure no expired supplies are used. | |
| A.R.S. § 32-2232 (12) as it relates to A.A.C. R3-11-501 (1) for failure to use current professional and scientific knowledge by administering a distemper measles vaccine to the puppy, as it is not the current recommended protocol. | |
| Penalties: | |
| Probation (1 year) | |
| Continuing education (4 hours in medical record keeping) | |
| Continuing education (4 hours in current vaccine protocols) | |
| Civil penalty ($500) | |
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.