A blind dog dies alone from pyometra overnight without any veterinary care and more: Part II

Complaint: Complaint 21-118
Respondent: Kenneth Halbach
Premises: Buena Pet Clinic
Related: 21-117, 21-119

This complaint pertains to 21-117 but specifically relates to Halbach's role once he took over the case.

Halbach relates that the complainant had been bringing her dogs to the clinic for about 10 years. He admits that the complainant saw her dogs as family, then says that the complainant started with two pups who grew up and mated, producing several generations; he says she kept all the dogs and refused his recommendations for spaying and neutering. We're told the dog was obviously very sick when she came in and that the diagnosis Conley made was correct; the dog had an infection and pyometra. He claims that he spoke with the complainant who was overwhelmed with grief, allegedly asking how she could have let her own dog get so sick; the complainant was allegedly so emotional that he's not sure she understood what he was telling her. He says that he gave her the option of leaving the dog there overnight or taking the dog home; he claims he made it clear the dog would not be monitored but he felt the dog would still be better off. The complainant agreed. When he came in the next morning the dog was dead; he says the complainant came to say goodbye to the body and also broke down crying. She allegedly wanted to bring her remaining dogs in for spays as soon as possible to avoid something like that ever happening again.

The Investigative Committee noted many concerns. They felt communication was poor, entries into the medical record were missing regarding communications with the pet owner (on everything from treatments to prognosis). They had concerns there was no surgical authorization signed by the owner and no referral to an emergency facility. They also note that IV fluids were discontinued at the time the clinic closed and had concerns the dog wasn't transferred to a 24-hour clinic; they actually go so far as to mention the dog might have been better off at home with the complainant rather than left with the vet. The Committee found three violations, one regarding failure to refer to an emergency facility and two regarding missing entries in the medical record. The Board, in a rather weird outcome, kept the two medical records violations but threw out the biggest one regarding a failure to recommend an emergency facility. For the records violations the Board required Halbach to take eight hours of continuing education in medical record keeping and pay a $1000 fine. For the violation they threw out (the one regarding not sending the dog somewhere else that was equipped), they sent a mere Letter of Concern. They warn him that in the future he should recommend sending sick dogs to an emergency facility rather than leaving them alone overnight; they also warn him that he should make sure that clients understand their sick dogs will be left alone overnight. (What do you suppose would happen if one of us non-veterinarians took someone's dog under false pretenses and then left her to die blind and alone in a crate from an infected uterus? I'm sure the Arizona Humane Society would be all over that and use it to drum up more money.)

Halbach's love for animals can be seen in 18-09 when he chops off a dog's tail in a cosmetic procedure and accidentally cut into the middle of a vertebra rather than around it (in fairness, that seems to be a common problem). In 18-35 Halbach was found by investigators to have overdosed a (soon-to-be-dead) dog in the middle of a dental; the Board modified it and said that he used an outdated anesthetic procedure.

Motions

Investigative Motion: Find violation

Source: September 9, 2021 AM Investigative Committee Meeting
People:
David Stoll Respondent Attorney
Kenneth Halbach Respondent
Roll Call:
Carolyn Ratajack Aye
Christina Tran Aye
Jarrod Butler Aye
Robert Kritsberg Aye
Steve Seiler Aye
Violations:
ARS § 32-2232 (12) as it relates to AAC R3-11-501 (3) failure to refer the dog to an emergency facility for overnight monitoring
ARS § 32-2232 (21) as it relates to AAC R3-11-502 (L) (4) failure to record in the dog's medical record the examinations that were conducted after hours at approximately 5:15pm and 8:00pm on March 9, 2021
ARS § 32-2232 (21) as it relates to AAC R3-11-502 (L) (9) failure to document in the dog'smedical record the blood work and radiograph results.
Result: Passed

Board Motion: Find violations and offer consent agreement

Source: October 10, 2021 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Robyn Jaynes
Seconded By: Darren Wright
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Violations:
ARS 32-2232 (21) Failure to record in the medical record
ARS 32-2232 (21) Failure to record in the medical record
Result: Passed

Board Motion: Offer consent agreement

Source: October 10, 2021 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Robyn Jaynes
Seconded By: Darren Wright
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Motion: Issue letter of concern

Source: October 10, 2021 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Robyn Jaynes
Seconded By: Darren Wright
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Order: Order 21118 KENNETH HALBACH, DVM

Source: Order 21118 (December 12, 2021)
Violations:
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (4) failure to record in the dog’s medical record the results of examinations that were conducted after hours at approximately 5:15pm and 8:00em on March 9, 2021.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (9) failure to document in the dog’s medical record the blood work and radiograph results.
Penalties:
Probation (1 year)
Continuing education (8 hours in medical record keeping)
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.