The board has a lot of concerns about a veterinary practice but doesn't bother shutting it down

Complaint: Complaint 20-14
Respondent: Virginia Kern
Premises: East Mesa Animal Hospital
Related: 21-109

This complaint stems from the Board opening an investigation about East Mesa Animal Hospital, where Kern is the responsible veterinarian. Apparently a surprise inspection found a bunch of violations that were all too similar to violations found in a previous visit in 2014.

Kern tells us that all the expired supplies were destroyed and photos sent to Victoria Whitmore at the Board. All sharps were sent to the Lasting Paws crematory and paper goods were tossed in the trash. The log books weren't being entered correctly by the surgical tech so apparently she fired the surgical tech and found a new one who's doing all that now. Kern's colleague, Guminski, has been placed in charge of the controlled substances log. Kern says she disagrees that her clinic was filthy but does agree that it was cluttered and tells all the ways that the clinic has been cleaned and decluttered. The floors are being swept and mopped twice daily and the lights are even getting dusted twice a week. She's also cleaned up the unmarked bottles, revamped the medical records with exam stickers, and made other improvements such as keeping a copy of discharge instructions.

The Board didn't appear to buy any of it and handed down a large number of violations and penalties as part of a Board Order, including a practice monitor, audits, surprise inspections, and so on. Apparently it was very bad but not bad enough to actually shut it down or anything. Caveat patiens indeed.

Motions

Board Motion: Offer consent agreement

Source: November 11, 2019 Board Meeting
People:
Virginia Kern Respondent
Proposed By: Jessica Creager
Seconded By: Jane Soloman
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Absent
Robyn Jaynes Aye
Sarah Heinrich Aye
Violations:
ARS 32-2232 (18) Expired supplies
ARS 32-2232 (18) Expired pharmacy items and controlled substances
ARS 32-2232 (18) Omissions from anesthesia log
ARS 32-2232 (18) Controlled drug inventory log not maintained
ARS 32-2232 (18) Controlled drug dispensing log not maintained
ARS 32-2232 (18) Controlled substances not kept under lock and key
ARS 32-2232 (18) Heavy dust on countertops, equipment, and fixtures
ARS 32-2232 (18) Repackaged or relabeled pharmacy items
ARS 32-2232 (18) Endotracheal tubes not maintained
ARS 32-2232 (21) Not documenting in the medical record
ARS 32-2232 (21) Not documenting in the medical record
ARS 32-2232 (21) Not documenting in the medical record
ARS 32-2232 (21) Not documenting in the medical record
Result: Passed

Board Order: Order 20014 VIRGINIA KERN, DVM

Source: Order 20014 (June 6, 2020)
Violations:
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-502 (D) large quantity of expired supplies.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-502 (J) large quantity of expired pharmacy items and controlled substances.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-502 (H) (5) omissions from the anesthesia log.
A.R.S. § 32-2232 (18) as it relates fo A.A.C. R3-11-502 (K) (2) controlled drug inventory log not being properly maintained.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-502 (K) (3) controlled drug dispensing log not being properly maintained.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-805 (A) controlled substances not being kept under lock and key when not in use.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-703 (4) heavy dust on countertops, equipment and fixtures.
A.R.S. § 32-2232 (18) as it relates fo A.A.C. R3-11-802 repackaged or relabeled pharmacy items do not meet requirements.
A.R.S. § 32-2232 (18) as it relates to A.A.C. R3-11-704 (2) endotracheal tubes not properly maintained in a condition that would be reasonable to use on animal for a surgical procedure.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (4) not consistently recording examination results and general condition in the animal's medical record when veterinary services are being provided.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (7) not consistently recording route of administration in the medical record.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (H) (2) not consistently recording examination results and general condition in the animal's medical record six hours prior to surgery.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (E) not documenting in the animal's medical record that discharge instructions were provided for hospitalized or surgical patients.
Penalties:
Probation (1 year)
Appoint practice monitor
Audit of practice
Written report to the Board from practice monitor
Written reports every quarter from practice monitor
Unannounced premises inspections
Civil penalty ($1000)

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.