A former employee asks for her dogs' records but the clinic thought she walked out the door with them

Complaint: Complaint 19-91
Respondent: Joshua Winston
Premises: Sun City West Animal Hospital

The complainant says that she used to work at the practice and also took her dogs there. She says that another clinic called them and faxed them several times to obtain her records, but they were told that they had no records on file for them. She points out that she knows they had them and that she had taken her dogs there in the past three years (so legally they have to have them).

Winston begins by telling us he's surprised and that his "feelings are a little hurt." He says that the complainant was terminated and that it's never a pleasant thing to terminate an employee. He says that a few weeks ago a receptionist said that they were asked for the dogs' records and he thought nothing more of it; he says he thought she took all the records with her when she left. He says that they eventually did send some records over to the other clinic and asks why the complainant or the veterinarian didn't do more to ask for the missing records; he says that the veterinarian could have called him or sent a certified letter rather than the complainant just running to the Board. He says if he had known they were missing he would have done something about it but everyone thought the complainant took the record in question when she left. He also says that he doesn't "want to manufacture motives for this situation" but generally they don't have electronic records and several records for the complainant's pets are missing. He really hopes he doesn't run afoul of some law saying that he needs to have those copies.

The Investigative Committee said they spoke to both parties and there's only one lab result that can't be found. They say that can be found by getting in contact with the lab. They also say Winston had "no reason" to keep the records from the complainant and found no violation.

Motions

Investigative Motion: Dismiss with no violation

Source: September 9, 2019 PM Investigative Committee Meeting
People:
Joshua Winston Respondent
Roll Call:
Adam Almaraz Aye
Amrit Rai Aye
Brian Sidaway Aye
Christine Butkiewicz Aye
William Hamilton Aye
Result: Passed

Board Motion: Dismiss with no violation and issue letter of concern

Source: October 10, 2019 Board Meeting
Proposed By: Nikki Frost
Seconded By: Jessica Creager
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

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.