| Complaint: | Complaint 21-146 |
|---|---|
| Respondent: | John Oplinger |
| Premises: | Wickenburg Veterinary Clinic |
This is the result of a failed inspection (apparently the fourth such failed inspection since 2003) at Oplinger's practice. It's well worth a read if for no other reason than to marvel at how the regulatory state can be both so pedantic and yet so useless at the same time. There are concerns noted regarding expired supplies, consistency regarding aftercare instructions in the medical record, entries happening later than six hours after a surgery or anesthesia, recording of the respiration and heart rate every 15 minutes during an anesthetic procedure, and a host of controlled substance and recordkeeping problems.
Oplinger's response is an interesting take. He says that the expired supplies weren't being used so therefore aren't a violation. He also notes that many of the complaints regarding the medical records are irrelevant; he notes that much of the information they say is missing is actually in the system and that it would be redundant to repeat it. He tells us that one of the inspectors (we don't know who) suggested writing things like "exam good for procedure," "exam good for vaccination," and "good body condition" to help avoid getting marked poorly for records entries; the Investigative Division says he was never told any of those things by them. He says that he's following the coaching he was given to add such entries even though he has no idea how that's ever going to help someone's pet. He also says his recording of controlled substances was done in accordance with what he learned at a DEA seminar, but that the veterinary board apparently doesn't consider that acceptable so he's going to change it. Apparently he qualifies as a controlled substances distributor (which he didn't know until a vet board inspector told him so) which means he has an additional form to fill out.
The Board nailed this guy. Eight hours of continuing education, a stayed revocation of his license, two years of probation, an audit of his premises, an appointed practice monitor, and a $1500 civil penalty; it's quite the show. Compare to other cases such as the order handed down to Paul Barrett, who only had to go to school for four hours for choking a dog in midair (20-15).
| Source: | July 7, 2021 Board Meeting |
|---|---|
| Proposed By: | Jane Soloman |
| Seconded By: | Robyn Jaynes |
| 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 32-2274 (3) Repeated rule violations as cited in premses inspection report | |
| Result: | Passed |
| Source: | Order 21146 (November 11, 2021) |
|---|---|
| Violations: | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-502(D) (expired supplies). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-502(E) (failure to consistently document in the medical record that aftercare instructions were given to the pet owner). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-502(H)(2) (failure to record in the medical record results of exam and general condition of an animal within 6 hours of surgery or anesthesia being administered). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-502(H)(3) (failure to record the animal's heart rate and respiration rate in the medical record immediately after anesthesia is administered and monitored and recorded at least every 15 minutes thereafter). | |
| A.R.S. § 32-2274(A)(3) as it relates fo A.R.S. § 32-2232(18) and A.A.C. R3-11-502(K)(2) (failure to maintain a controlled substance inventory log). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-805(K)(3) (failure to properly maintain a controlled substance dispensing). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-502(L)(4) (failure to consistently record exam results, including TPR and general condition of animals at each visit that veterinary services are provided). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32- 2232(18) and A.A.C. R3-11-502(L)(7) (failure to consistently record in the medical record the concentration and amount of medications administered to animals). | |
| A.R.S. § 32-2274(A)(3) as it relates to A.R.S. § 32-2232(18) and A.A.C. R3-11-805(A) (failure to keep controlled substances stored under lock and key except for controlled substances that are authorized by the Responsible Veterinarian to be administered by personnel). | |
| Penalties: | |
| Stayed revocation of license | |
| Probation (2 years) | |
| Appoint practice monitor | |
| Audit of practice | |
| Written report to the Board from practice monitor | |
| Written reports every quarter from practice monitor | |
| Continuing education (2 hours in regulations of the profession) | |
| Continuing education (2 hours in medical record keeping) | |
| Continuing education (2 hours in controlled substance management) | |
| Continuing education (2 hours in practice management) | |
| Civil penalty ($1500) | |
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.