TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

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Ina Franz From: Sent: To: Subject: Ina Franz Wednesday, June 01, 2011 7:34 AM 'HolisticAni maICenter@comcast.net' RE: getting back regarding the issues mentioned on the phone Thank you, Dr. Ward. I'll add this to the information we received via mail and present it to our legal Counsel for further action. Please also note that as of this date, we have not received any information from Illinois. Even if you no longer hold a license in that State, a license verification form/letter is required. We accept Illinois' form for these matters. I will inform you of the legal Counsel's decision as soon as possible. Have a great day! Ina Franz Ina A. Franz Director, Licensing & Examination Division Texas Board of Veterinary Medical Examiners (512)305-7558 (512)305-7556 (fax) From: HolisticAnimaICenter@comcast.net [mailto:HolisticAnimaICenter@comcast.netj Sent: Tuesday, May 31, 2011 2:41 PM To: ina franz Subject: getting back regarding the issues mentioned on the phone Dear Ms. Franz, I recognize that this has been a confusing matter. The crux of the matter is that [had originally connected the wrong dots, partly as a result of the date that pops up if one does some sort of search on me. The date that pops up in error is 2007, via the State of Illinois regarding "Disciplinary Action in Another State." I was reporting on my memory of my experience about that time, which was a time of great turmoil, as my life had pretty much fallen apart in 2005. There were two issues that went before the AZ Board in 2005. One was because of a complaint filed by Berez, and the second was a complaint filed by Berman. The Berez complaint was dismissed, except for records keeping violations. The Berman complaint was dismissed, with no violations and no discipline action, but I didn't remember it that way, so I connected the wrong dots. And this is where the confusion began. I failed to mention the "real" case because I remembered it as a non-issue, and I mistakenly made an issue of the dismissed case because my experience of that case was so traumatic that I gave it too much weight in my memory. I will try to unravel the confusion, and I hope this makes sense to you. The first complaint, Berez, was found to be without merit, but there were record keeping violations discovered during the investigation, and for these I was placed on 6 months probation and spent 4 hours at a local emergency clinic reviewing their record keeping procedures. This is the "Medical Record Violation: (2005)" referred to in my SBE Addendum. I am thinking that this information should have been included in Section IV, Question I. (a), regarding being a party to a proceeding regarding the practice of veterinary medicine. Arizona refers to this as Case No. 05-34. I have attached a copy ofthis case, and explained it in the SBE Addendum. What was burned into my soul was the Berman complaint, from the personal perspective that this complaint was entirely unfair, from beginning to end. It also stood out in my memory because of the emotion!!l impact of having to leave my wife's bed side, when she wasn't expected to survive. This complaint was addressed to the AZ Vet Board about the same time, towards the end 0[2005. This was the low point of my life. I had closed my clinic, because I couldn't run it alone, and shortly afterwards I was about to move into a tent in the desert because my property was stilI poisoned and we were 1
oth advised to stay off of our land. We had filed a civil case regarding the chemical trespass to our property (referred to on the original application as being party to civil legal proceedings, which never made it to Court). During this time of turmoil, the Berman complaint was heard and dismissed, period. However, this was close to the time of the Berez complaint and at that hearing I was reminded of the still current probation. As such, I connected the wrong dots going forward, and I was under the false impression that I was on probation because of the Berman complaint. Therefore, in my application I gave an explanation of the Berman complaint, thinking that this was the major issue of my career. What never made sense to me was that I knew that I didn't do anything wrong. There were no violations, period. Still, this is what I was reporting because I thought that they thought that I had done something wrong, and I falsely remembered being disciplined for it. It was only when I called the AZ Vet Board a couple of weeks ago, to try to figure out why I didn't seem to be on the same page as everyone else, that I learned once and for all that this Berman issue was a non-issue. It should not have been on the original application and I did not put it on the Addendum for the same reason. Perhaps I have misinterpreted the instructions and I should be referring to this also? Technically speaking, one could say that I was a party in an administrative hearing, but since it was dismissed and thrown out, do you want it included anyway? The AZ Vet Board was of the impression that I should only be referring to actual disciplinary action in the applications and this is what they report when asked. During the recent call with them I learned that the two disciplinary actions that they report are the Berez case, already referred to in the Addendum and what I also reported on the Addendum as "Failure to renew a license in a timely manner: (2003)". This is also attached. Again, this is where I was connecting the wrong dots. I had no idea that this was an issue until a couple of weeks ago. I thought that this was an administrative error. Actually, it was an administrative error, and I treated it as such, but according to the AZ Vet Board, this was Case No. 03- 14. This is properly explained in the Addendum. What added an undue amount of confusion to what was already a reporting of the "wrong dots" was that we had recently discovered that the State of Illinois had published to the web a reference to the 2005 Berez case as my being disciplined in another state, but they dated their report as 2007. As the Berman complaint was the one that stood out in my memory, and since this was the last time that I had been before the Board, I was confused and thought that they were referring to that case, quite literally the case that never was. To make matters worse, I blindly copied their date of2007, thinking that ifthey said so, it must be true. So, with the wrong date and the wrong complaint, I tried to "explain" what I thought was behind the disciplinary action that I had received in Arizona, in 2005. This is one of those "Who's on first, who's on second" scenarios. My original letter of explanation on the application begins with the words: "Five years ago, on 2116/2007, I was reprimanded by the Arizona Veterinary Medical examining Board and put on 6 months probation." I was mindlessly and stupidly repeating a date I got from the State of Illinois, but this never happened. I don't know how to take these words back. I don't know where this date came from. However, I have ascertained that the State of Illinois reported in 2007 the disciplinary action of2005, giving the impression of additional actions, plus I thought they were referring to the Berman complaint, but they were refering to this same 2005 disciplinary action, it being the Berez case. This was what I was trying to explain on the phone, but I may not have referred to it by name. In my original application, I was mistakenly referring to the Berman non-case, thinking that this was the only case. On the phone with you, you mentioned two issues with Arizona disciplinary actions and in trying to think of what might have been the second issue, I thought this might be the Berez case, which I didn't think of as an issue at the time. Actually it was the issue with Arizona. On the phone with you, I was referring to two cases: Berez and Berman, falsely thinking that these were the two issues. But you were referring to "something else" and I couldn't imagine what that something else might be. In retrospect, it should have been the 2003 issue of not renewing my license on time, but it could have been my saying, in error, that I had been disciplined in 2007. I know the above is confusing, and it certainly makes me look like a fool, which in this regard I am, but I am a good doctor, and competent where it matters most. What I hope I have properly shined a light on in the above is that, officially, I have had two events in my career which resulted in disciplinary actions: The failure to renew my license in a timely matter and the record keeping violations, both explained in the Addendum and both official documents being attached. I do hope that I will hear back that you have what you need now to decide. If there is anything that still isn't clear in my explanations, I would probably be at a loss for words. Please let me know either way. Best regards, 2
Page 1 and 2: TEXAS BOARD OF VETERINARY MEDICAL E
Page 3 and 4: 2. §551.074. Personnel Matters; Cl
Page 5 and 6: Agenda Item 2 Consideration and App
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Page 13 and 14: Agenda Item 3 Citizen Comments TAB
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Agenda Item 4 Licensure Petitions b
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VIRGINIA: BOARD OF VETERINARY MEDIC
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This email is intended only for the
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Director, Licensing & Examination D
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4. If you are NOT a citizen ofthe U
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Residence: Business: Home Telephone
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E. Christopher Staley, DVM, MS Curr
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Agenda Items 5 & 6 Agreed Orders an
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04/29/2011 FRr 15121 PAX 5123057574
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__ D.V.M. Agreed Order 2011-55 Page
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Respondent has violated Section 801
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The Board further ORDERS that withi
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_ D.V.M., be INFORMALLY REPRIMANDED
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in_, Texas. Dr .• examination dis
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05/13/201115:12 FI,X 8038358180 Dea
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Page 3 D.V.M. 11-70 (2) revoke or s
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CEASE AND DESIST ORDER SWORN AFFIDA
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Subscribed and sworn to before me,
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RULE §575.5 SUBPOENAS/WITNESS EXPE
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22 TAC §575.25 RECOMMENDED SCHEDUL
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Agenda Item 7 Report from the Rules
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Option 2 RULE §577.15 FEE SCHEDULE
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Agenda Item 8 Discussion, recommend
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Agenda Item 10 Discussion, recommen
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Agenda Item 12 Appointment of Equin
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Agenda Item 14 Executive Director
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c. Report On State Board Exams 1. A
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XIII. REVENUE PROJECTIONS: OPER. YT
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Enforcement Trends Complaints: FY 0
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110199 12/2412010 ICLOSE]) 19111201
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Corporate Ownership iCLOSED lr-iM T
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e. Board Performance Update 3. Peer
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h. Update on legislation. Agenda It
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TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

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