UL. VY "STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ri us 3 BOARD OF VETERINARY MEDICINE co Ser . Oil DEPARTMENT OF BUSINESS AND ADM PROFESSIONAL REGULATION, Petitioner, v. CaseNos. — 99-07362 99-08327 TINA PARKER, D.V.M., 99-08017 Respondent. . / —_ ADMINISTRATIVE COMPLAINT BREESE RA TIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against TINA PARKER ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. a OU At all times material hereto, Respondent was licensed in the State of Floridaas a veterinarian, license number VM 0006271. 3. 4. At all times material hereto, Respondent was doing business as All Pets Veterinary Clinic ("All Pets"), 5. At all times material hereto, Respondent was designated the responsible veterinarian for All Pets as required by Rule 61G18-15.001(2), F.A.C, 6. On or about August 23, 1999, Barbara Romero left her dog at All Pets to be spayed, 7. On or about August 25, 1999, Respondent’ 's husband, Dr. Michael Parker, called Ms. Respondent's address of record is 1540 Chaffee Rd., South Jacksonville, Florida 32221. Cn id 8. Respondent failed to properly ensure the safety of animals entrusted to her by allowing conditions to exist which permitted the escape of Romero’s dog. 9. On or about August 24, 1999, Carol and Lewis Mennona left their dog to be boarded at All Pets. 10. On or about August 30, 1999, the Jacksonville Sheriff's Office was contac ted regarding a disturbance at All Pets, 11. Upon arrival 12. When the Mennonas Tetured at 4:00 P.M., there was a note on the doo: r stating that All Pets was closed. 13. Officers entered the facility and observed approximately ten ( 10) cages with animals in them. . 14. None of the animals in cages had water and only three animals had food. ) 15, 0A dead Cat was observed inside a cage. Ty 16, Animal feces was observed on the floor throughout the kennel. 17. Several of the animals in the Cages were lying in fecal matter, 18. Medications, hypodermic needles, and syringes were scattered throughout the kennel, including the bathroom. 19. The temperature inside the kennel was approximately 130 degrees. 20. . Several animals appeared to be in distress-from the heat and lack of food and water. 21. Several dead animals were found in the refrigerators and freezers. 22. When contacted, Respondent could not Provide the required medical records regarding the boarded animals to the Department's investigators as requested. ‘on YW COUNT I 7 | 23. Petitioner tealleges and incorporates paragraphs one through twenty-two as though fully ) set forth herein. 24. Based upon the foregoing, Respondent violated-Section 474.214(1)(0), Florida Statutes, by committing fraud, deceit, negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine. ' COUNT II | 25. _. Petitioner tealleges and incorporates paragraphs one through twenty- | two as though fully | | set forth herein. | i; 26. Based upon the foregoing, Respondent violated Section 474.214(1)(n), Florida Statutes, by being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under . | similar conditions and circumstances, COUNT III \ 27. | Petitioner tealleges and incorporates paragraphs one through twenty-two as though fully | sef forth herein 28. Based upon the foregoing, Respondent, as the responsible veterinarian, violated Section | | 474.214(1)(v), Florida Statutes, by failing to keep the equipment and premises of the business | establishment in a clean and sanitary condition. | COUNT IV | 29. Petitioner realleges and incorporates paragraphs one through twenty-two as though fully set forth herein. 30. Rule 61G18-1 8.0015(1), Florida Administrative Code, states that every veterinarian or entity licensed pursuant to Chapter 474, Florida Statutes, who terminates practice or relocates practice - U U and is no longer available to patients or clients, shall retain medical records pertaining to patients for at least a period of three (3) years after the date of last entry. 31. Based upon the foregoing, Respondent violated Section 474.214(1)\(f), Florida Statutes, by violating any provision of this chapter or part I of chapter 455, or a rule of the board or department. COUNT V 32. Petitioner realleges and incorporates paragraphs one through twenty-two as though fully set forth herein. 33. Rule 61G18-1 8.005(2), Florida Administrative Code, states that no later than one month after the veterinarian or entity terminates practice or relocates practice and is no longer available to patients or clients, the veterinarian or entity shall cause to be published in the newspaper of greatest general circulation in the county where the veterinarian or entity resided or practiced, a notice indicating to the owners of the patients of said veterinarian or entity that the medical records are available to the owners of the patients or their duly constituted representative from a specific person at a specific location, 1 34. Based upon Respondent’s failure to provide records after indicating All Pets was sate closéd, Respondent violated Section 474, 214(1)(f), Florida Statutes, by violating any provision of this chapter or part I of chapter 455, or a rule of the board or department. COUNT VI 35. Petitioner realleges and incorporates paragraphs one through twenty-two as though fully set forth herein, 36. Rule 61G1 8-15.002(9), Florida Administrative Code, provides that holding areas shall be capable of sanitation and shall be maintained by including proper ventilation, sufficient lighting and be of a size consistent with the welfare of the animal. 37, Based upon the foregoing, Respondent violated Section 474. 214(1)(f), Florida Statutes, by violating any provision of this chapter or part I of chapter 455, or a rule of the board or department. COUNT VII 38. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein. 39. Based upon the foregoing, Respondent violated Section 474.214(1)(nn), Florida Statutes by failing to report change of address to the board within sixty (60) days thereof. "WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. \ { y Signed this 3o" * dayof Doac. , 2000. David K. Minacci Lead Professions Attorney Counsel for the Department: Laurie Beth Woodham F | L E D Assistant General Counsel . . . Florida Bar Number 0049549 Department of Buses Or cussion Regulation Department of Business and ; Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 CLERK (850) 488-0062 Sta 2. Werdwn wn _ DATE. l- |€-2000 LBW/tas Case #99-07362 PCP: ulgole Jpns HLONIS

Docket for Case No: 00-003856PL