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Henderson, Elizabeth
From: Bolivar, Maura
Sent: Tuesday, October 19, 2010 12:46 PM
To: '[email protected]'
Subject: DBPR Case 2010043463 (Kesmarc Florida)
Page 1 of 2
3/16/2012
Dear Ms. Fearrington,
I am the chief attorney for the unlicensed activity section with
DBPR. I just reviewed this file, your clientsresponse, and the
companys website and want to discuss this case with you. Mr.
Millers letter seems toindicate that he is amenable to discussing
possible changes to the website. I understand the nature
andbackground of the facility.
As we are both busy, it would be best if you emailed me a
proposed time to talk. I will be at a conference onThursday
afternoon and all day Friday. I do have a blackberry and am always
available to talk after regularbusiness hours.
It would facilitate our conversation if you would please first
look at
http://kesmarcflorida.com/services/services.html in conjunction
with:
Section 474.202, F.S. (Definitions)
(5) Immediate supervision or words of similar purport mean a
licensed doctor of veterinary medicine is on thepremises whenever
veterinary services are being provided.
(9) Practice of veterinary medicine means diagnosing the medical
condition of animals and prescribing,dispensing, or administering
drugs, medicine, appliances, applications, or treatment of whatever
nature for theprevention, cure, or relief of a wound, fracture,
bodily injury, or disease thereof; performing any manual
procedurefor the diagnosis of or treatment for pregnancy or
fertility or infertility of animals; or representing oneself by
theuse of titles or words, or undertaking, offering, or holding
oneself out, as performing any of these functions. Theterm includes
the determination of the health, fitness, or soundness of an
animal.
(10) Responsible supervision or words of similar purport mean
the control, direction, and regulation by alicensed doctor of
veterinary medicine of the duties involving veterinary services
which she or he delegates tounlicensed personnel.
(12) Veterinarian/client/patient relationship means a
relationship where the veterinarian has assumed theresponsibility
for making medical judgments regarding the health of the animal and
its need for medical treatment.(13) Veterinary medicine includes,
with respect to animals, surgery, acupuncture, obstetrics,
dentistry, physicaltherapy, radiology, theriogenology, and other
branches or specialties of veterinary medicine.
and
61G18-17.005. Tasks Requiring Immediate Supervision.
(1) All tasks which may be delegated to a veterinary aide,
nurse, laboratory technician, intern or other employeeof a licensed
veterinarian shall be performed only under the immediate
supervision of a licensed veterinarian asthat phrase is defined in
Section 474.202(5), F.S., with the exception of the following tasks
which may beperformed without the licensed veterinarian on the
premises:
(a) The administration of medication and treatment, excluding
vaccinations, as directed by the licensedveterinarian; and
(b) The obtaining of samples and the performance of those
diagnostic tests, including radiographs, directed by thelicensed
veterinarian.
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(2) The administration of anesthesia and tranquilization by a
veterinary aide, nurse, laboratory technician, internor other
employee of a licensed veterinarian requires immediate supervision
as that phrase is defined in Section474.202(5), F.S.
(3) The administration of any vaccination by a veterinary aide,
nurse, technician, intern or other employee of alicensed
veterinarian which is not specifically prohibited by Rule
61G18-17.006, F.A.C., requires immediatesupervision as that phrase
is defined in Section 474.202(5), F.S.
Sincerely,
Maura M. BolivarMaura M. BolivarChief AttorneyUnlicensed
Activity Enforcement, Farm and Child Labor LawDepartment of
Business and Professional Regulation1940 N. Monroe St., Ste.
42Tallahassee, FL 32399850.921.1939 (direct line)850.921.9186
(facsimile)
Page 2 of 2
3/16/2012
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Document in Unnamed
Page 1 of 2
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
PROFESSION: Veterinarian - UNLICENSED
CASE NUMBER: 2010043463
COMPLAINT MADE BY: DBPR (via email from
consumer)
DATE COMPLAINT RECEIVED: August 31, 2010
COMPLAINT MADE AGAINST: Kesmarc Florida
155000 West Highway 326
Ocala, FL 32668
INVESTIGATOR: Dan Dickhaus
REVIEWED BY: Maura M. Bolivar
STAFF RECOMMENDATION: CLOSE R43
CLOSING ORDER
THE COMPLAINT: The complaint alleges that Subject violated
Section 474.213(1)(a), Florida Statutes, by advertising via
the
internet in a manner that might lead the public to believe
thefacility is a licensed establishment.
THE FACTS: An investigation was opened based on a complaint
alleging that Subjects website appeared to indicate that
services
requiring licensure were being performed on site without the
required supervision of a licensee.
The Subjects response states that the majority of the horses
treated are owned by the facility and that any other horses
brought to the facility are referred by and treatment
supervised
by licensees. Department investigators interviewed the
generalmanager of the facility. This manager stated that she wanted
to
come into compliance as to the possible misimpression created
by
the website. The undersigned directed the investigator to issue
a
notice to cease and desist to its counsel. Subject has no
prior
referrals to the department and there was no consumer harm.
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Document in Unnamed
Page 2 of 2
THE LAW: The evidence does establish probable cause that
Subject engaged in unlicensed practice referenced above. It
is
ORDERED that this case is CLOSED pursuant to the issuance of
the
notice to cease and desist, without prejudice to reopen.
DONE and ORDERED this 16 March 2012.
Maura M. Bolivar
Chief Attorney
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