MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA

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MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
MEMBERS’ MAGAZINE             JULY-AUGUST 2019

   Bear Creek Animal Clinic
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
2019
CANWEST
VETERINARY
CONFERENCE                  OCTOBER 19-22, 2019
                                                                                            CANWESTCONFERENCE.CA

                                                                                            VETERINARY TEAM
                                                                                            •    *Fear Free: Fear Free is the
                            FAIRMONT BANFF SPRINGS HOTEL, BANFF, AB                              Ultimate Win, Exam Room Secrets
                            FULL PROGRAM AND ONLINE REGISTRATION – JULY 2019                     Revealed, What does the perfect
                            Program subject to change                                            visit look like, no feel like, for both
                                                                                                 the vet and the client — Marty
                              Clinical education, communication and practice management
                                                                                                 Becker, DVM, Founder and CEO of
                              skills — surrounded by the beauty of the Rocky Mountains!
                                                                                                 Fear Free, Bonner Ferry, ID, USA
                                                                                            •    Client and Staff Communications —

PRELIMINARY PROGRAM
                                                                                                 Sarah Wooten, DVM, Greely, CO, USA
                                                                                            •    Human Resources: hiring, job
                                                                                                 descriptions, performance reviews
                                                                                                 — Ms. Heather Lowe, AHT, MBA,
                                                                                                 Heather Lowe Veterinary Consulting
COMPANION ANIMAL                                 FOOD ANIMAL                                     Inc., Acton, ON, CAN
•   Dental Radiology, Dental Diseases,           •   Pharmacology and Pathology —             VETERINARY TECHNOLOGIST
    Principles of Maxillofacial Trauma               Anticmicrobial Stewardship, Phil Buote,
                                                                                              •  *See Vet Team Program Above —
    Repair, Principles of Oral Oncology              DVM, Alberta Veterinary Medical
                                                                                                 Marty Becker, DVM, Founder and CEO
    — Santiago Peralta, DVM, DAVDC,                  Association, Edmonton, AB, CAN;
                                                                                                 of Fear Free, Bonner Ferry, ID, USA
    Department of Clinical Sciences,                 Reproduction Pathology and Bovine
    Cornell University of Veterinary                 Reproductive Disease, Jennifer Davies, •    Wildlife (1/2 day) — Pain treatment
    Medicine, Ithaca, NY, USA                        DVM, MVSc, DACVP, University of             for birds, better animal welfare
                                                     Calgary, Faculty of Veterinary Medicine,    for wildlife; Restraint, regulations,
•   Nutrition — Lori Prantil, DVM, VCA
                                                     Calgary, AB, CAN                            reducing stress and basic technical
    South Shore (Weymouth) Animal
                                                                                                 skills — Kim Blomme, RVT, WildNorth
    Hospital, South Weymouth, MA, USA            •   Monday, Oct. 21 — TBA
                                                                                                 Northern Alberta Wildlife Rescue and
•   Anesthesia and Analgesia — Craig             •   Food Animal Medicine — Calf                 Rehabilitation, Edmonton, AB, CAN
    Mosley, DVM, MSC, DACVAA and                     Resuscitation, Claire Windeyer, DVM,
                                                                                              •  Dermatology (1/2 day) — Tyler
    Cornelia Mosley, DVM, DACVAA, CVA,               DVSc, Unversity of Calgary, Faculty
                                                                                                 Udenberg, DVM, Dipl. ACVD, North
    VCA 404 Emergency and Referral                   of Veterinary Medicine, Calgary, AB,
                                                                                                 West Veterinary Dermatology Services,
    Hospital, Newmarket, ON, CAN                     CAN; Field Post Mortems, Ashley
                                                                                                 Ltd, Vancouver, BC/St. Albert, AB, CAN
•   Neurology — Dr. Curtis Wells Dewy,               Gaudet, RVT, VTS-CP, Veterinary Agri-
    Cornell University College of Veterinary         Health Services, Airdrie, AB, CAN;          *Sunday’s Vet Team and Vet Tech
    Medicine, Ithaca, NY, USA                        External Parasites, Douglas D. Colwell,     session featuring Dr. Marty Becker
                                                     PhD, Agriculture and Agri-Food              will be a combined session
EQUINE                                               Canada, Lethbridge, AB, CAN; Penis
                                                     Surgery of the Ruminant, Roy Lewis,      ABVTA PRE-CONFERENCE CE
•   More Important Than Medicine —
    Building a Successful Team — Betsy               DVM, Roy Lewis Veterinary Services,      — SATURDAY, OCT. 19, 2019
    Charles, DVM, MA, Veterinary Leadership          AB, CAN                                  •  Why Fear Free veterinary visits are
    Institute/Western University of Health                                                       the most important transformation
    Sciences                                                                                     to hit veterinary practice in 50
•   Practical Reproduction for Rural                                                             years. Why veterinary technologists
    Practitioners — Etta Bradecamp, DVM,                                                         must drive fear free and the client
    ACT, ABVP, Rood and Riddle Equine                                                            experience — Marty Becker, DVM,
    Hospital, Lexington, VA, USA                                                                 Founder and CEO of Fear Free,
                                                                                                 Bonner Ferry, ID, USA
•   Equine Farriery and Hoof Related
    Topics — Sammy L. Pittman, DVM,
    Innovative Equine Podiatry and
    Veterinary Services, Collinsville, TX, USA
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
Editor’s Notebook

A     s I pen this Editor’s Notebook, there are 24

                                                                                                                                                                          26
      wildfires burning in the province, with the
communities of High Level, Slave Lake, Manning and
their surrounding areas highly at risk. Seven of these
fires are rated as out of control. At this time there are

                                                                 Inside this Issue
over 10,000 people that have been forced to leave their
homes behind, with the hope that they will be there for
them when they return.
                                                                 VOL. 21, ISSUE 4
    We have learned lessons from the previous wildfires
in Slave Lake and Fort McMurray. The province                    Call for ABVMA Committee Volunteers for 2020...................................... 7
                                                                 2020 ABVMA Annual General Meeting — Call for Resolutions................ 8
recognized the dangers early and implemented
                                                                 2019 Registration Day — Edmonton.................................................. 16-17
their emergency management procedures promptly.                  Meet the ABVMA Team........................................................................... 23
They called for timely evacuations, and carried out              On the Cover: Bear Creek Animal Clinic............................................ 26-27
their duties of fighting the fires and moving people             Focus on Wellness — Mental Health in Vet Med Awareness.................. 28
efficiently and orderly. During these evacuations,               Pro Bono Work, ABVMA Market Research......................................... 30-33
people had adequate time to arrange for transportation
and the safety of their pets. There still remain                 REGULAR ARTICLES
                                                                 Editor’s Notebook..................................................................................... 3
challenges with herds of larger animals, both in how
                                                                 President’s Report...................................................................................... 4
to move them and where to move them — an issue to                Registrar’s Report...................................................................................... 5
tackle when looking back at this fire season.                    Go Green................................................................................................... 5
    It is times like these that I am extremely proud             Council Highlights................................................................................... 6-7
of our profession. Since the beginning of these fires,           Complaints Director’s Report............................................................. 10-15
veterinary practices in the affected and surrounding             Keeping You Current................................................................................ 18
                                                                 PIPS Tip............................................................................................... 20-21
areas immediately put out the word that they were
                                                                 Membership Matters............................................................................... 22
available for support, treatment and boarding of                 CVMA Report...................................................................................... 24-25
displaced animals. Some practices even offered space             Public Recognition Corner....................................................................... 29
for evacuees to camp after leaving their homes. When             In Memoriam............................................................................................ 29
one practice became full, others picked up the slack.            Dean’s Corner (UCVM & WCVM)........................................................ 34-35
Veterinary practices also appear to have had their own           Student’s Corner (WCVM & UCVM)................................................... 36-37
plans in place.                                                  ABVTA News....................................................................................... 38-41
                                                                 CE Opportunities................................................................................ 42-43
    This exemplifies the integrity and character that
                                                                 Classified Ads...................................................................................... 44-51
defines our profession. We are healers of animals, and           Advertiser’s Index.................................................................................... 51
helpers of people. We do this not with an expectation
of reward, but because our reward is knowing that it is
the right thing to do.
    History will write the story of the wildfires of 2019,
and I hope that it is a short one. We will read the                              The ABVMA Members’ Magazine is a bi-monthly publication of the
                                                                                 Alberta Veterinary Medical Association delivered free of charge to
history with an appreciation for the involvement of the                          members of the ABVMA.
veterinary profession.
                                                             PRODUCTION
                                                             Editor – Dr. Darrell Dalton                                CONTACT US
                                                             Design, Layout & Printing – Burke Group                    Alberta Veterinary Medical Association
              Darrell Dalton, DVM                            Communications and Professional                            Bldg. 3, Elm Business Park
                                                             Enhancement – Kathy Naum                                   Suite 104, 9452 – 51 Avenue, NW
 Registrar, Alberta Veterinary Medical Association                                                                      Edmonton, AB T6E 5A6
                                                             ADVERTISING
                                                             Display Advertising – Sarah Munn                           Phone: 780-489-5007
                                                             Classified Advertising – Mandi Duggan                      Toll-Free: 1-800-404-2862
                                                                                                                        Fax: 780-484-8311
                                                             EDITORIAL POLICY
                                                             The ABVMA Members’ Magazine                                Return Undeliverable
                                                             welcomes article submissions, letters                      Canadian Addresses to:
                                                             to the editor and advertising requests                     Alberta Veterinary Medical Association
                                                             on topics and products related to the                      Suite 104, 9452 – 51 Avenue, NW
                                                             veterinary profession.                                     Edmonton, AB T6E 5A6 Canada
                                                             The editor reserves the right to reject                    Canadian Publication Mail Agreement
                                                             submissions if they do not meet the                        40014637
                                                             ABVMA’s editorial criteria.
                                                             The editor also reserves the right to
                                                             edit submissions (including letters to the
                                                             editor) for clarity, length and correction of
                                                             factual inaccuracies.

                                                                                                                                             WWW.ABVMA.CA                   3
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
President’s Report

                                                  DON’T WORRY, BE HAPPY!                               veterinarians and RVTs. The ABVMA also
                                                                                                       has a Member Wellness Advisory Committee
                                                  Skills and Knowledge                                 that provides mental wellness seminars,
                                                  The demand for new and better skills and             courses and support. Please use these services
                                                  knowledge in veterinary medicine has                 to help you and your employees stay healthy.
                                                  increased exponentially over the years. Most
                                                  of the time, performing a thorough physical          Business Management Support
                                                  examination was all that was required.               Veterinarians are very competent at veterinary
                                                  Now, blood work, ultrasound, fine needle             medicine but many of us are not educated
                                                  aspirations and X-rays are routine procedures        in business management practices. Consider
                                                  we must perform. It is very difficult to keep        hiring an employee specific for managing your
                                                  up with the new enhanced procedures and              business. This will dramatically decrease your
                                                  protocols in veterinary medicine. Continuing         stress and free up your time to focus on being
                                                  education has become a necessity. The                a progressive, successful veterinarian. Even
                                                  ABVMA requires 20 hours per year of CE               better, it will allow you to enjoy more time
        Lisa Lomsnes, DVM                         for veterinarians and 15 hours per year for          with your family and give you some extra time
                                                  registered veterinary technologists (RVTs).
     President, Alberta Veterinary                                                                     for yourself. Wow, that is a new concept for
         Medical Association
                                                  This licensing requirement from the ABVMA            hard-working veterinarians and RVTs.
                                                  ensures that veterinary professionals stay
                                                  progressive and updated. This is crucial in
                                                  keeping your practice successful and your            Practice Ownership
                                                  personal growth progressive.                         Is it time to sell? Selling a business is a
                                                                                                       difficult and emotional decision. Traditionally,
                                                                                                       veterinarians would sell their business when
                                                  Member Wellness
                                                                                                       they were emotionally drained or physically
                                                  We all know healthy minds and healthy
                                                                                                       unable to perform their job. Selling does not
                                                  bodies go hand in hand. While this is
                                                                                                       mean you need to step away from veterinary
                                                  fundamentally accepted, many veterinarians
                                                                                                       medicine. It is an opportunity to receive
                                                  and RVTs do not have this healthy balance in
                                                                                                       financial compensation for your hard work.
                                                  their lives. In recent years, statistics show that
                                                                                                       It places the responsibilities of management
                                                  veterinarians have the highest rate for suicide.
                                                                                                       elsewhere and allows you time to do the
                                                  Take a moment to let that sink in. How
                                                                                                       things that you have always dreamed of doing.
                                                  can this happen to our friends, associates,
                                                                                                       Selling is not the end of your veterinary career
                                                  colleagues in this profession? We all need to
                                                                                                       but perhaps a new start or a journey to a less
                                                  play our part in maintaining sound physical
                                                                                                       stressful career.
                                                  and mental wellness with our staff, colleagues
                                                  and friends. The ABVMA has made this
                                                                                                       Stop worrying and wasting time on
                                                  a priority in their strategic planning. The
                                                                                                       non-productive tasks. Take positive actions
                                                  association facilitates Mental Health First
                                                                                                       to enhance your career and life. Happiness is
                                                  Aid courses for the veterinary team, and has
                                                                                                       bound to follow.
                                                  contracted Homewood Health to provide
                                                  free counselling services, E-learning courses
                                                  and addiction/crisis resources for both

OUR VISION                          OUR MISSION
Healthy animals and people          Serving the public by regulating, enhancing and providing leadership in the practice of the profession
in a healthy environment.           of veterinary medicine in Alberta.

OUR VALUES

PROFESSIONALISM                     INTEGRITY                 LEADERSHIP                    INCLUSIVITY                      RESPECT
Demonstrating ethics, fairness,     Exemplifying honesty,     Inspiring a path that is      Fostering a safe, positive and   Interacting with empathy,
responsibility and accountability   trust and transparency    adaptable and visionary       collaborative environment        compassion and dignity

4   ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
Registrar’s Report

IN THE LAST ISSUE, I DISCUSSED THE               was done only at the owner’s request for
details of the four resolutions that were        an invalid medical reason, this should be
presented at the 2019 Annual General             discussed with the veterinarian to make
Meeting. Since that time, Council has            sure they are aware of the policy. If there is
developed two of these resolutions into          a wilful and flagrant disregard of the policy,
policies that came into effect July 1, 2019.     this should be reported to the ABVMA.
This was announced in the ABVMA                      If the prohibited procedure was done by
E-News, and I will attempt to clarify these      a non-veterinary professional, the owner
policies for the membership.                     should be educated that the procedure is not
    The first resolution that has come into      accepted as a necessary medical procedure
effect concerns mandatory reporting of           and explain to them why. Many new puppy
animal abuse. Veterinary professionals have      owners, for instance, may not appreciate that
always been expected to report cases of          their new pet was meant to have an intact
abuse and neglect. This is not new to us.        tail, floppy ears or both. Many are horrified
The unique aspect of this policy is that if a    to find that their puppies have been surgically
veterinary professional fails to report, then    altered, and once educated will never allow it                      Darrell Dalton, DVM
it is a matter of a professional complaint       to happen to another pet.                                          Registrar, Alberta Veterinary
against the veterinarian or RVT and it stays         Others will present animals that have                             Medical Association
within the ABVMA complaints process.             been altered, knowing that these procedures
If this were not the case, then a member         are not allowed by the veterinary profession,
that failed to report animal abuse or neglect    and should not be done by non-veterinarians.
would be subject to a complaint by a peace       Most commonly these will be dogs that have
officer under the Animal Protection Act (APA)    had their tails docked or their ears cropped,
and out of the hands of the ABVMA.               and are purebred animals. These cases should
    The question now arising from the            be reported to the ABSPCA or the local
membership is: How does this apply to the        humane society that enforces the APA.
prohibition by veterinary professionals to       Discussions with the ABSPCA informed us
perform unnecessary medical procedures?          that a docked tail or cropped ears is primary
The membership strongly supported both           evidence that an animal has been put into
of these resolutions, but has asked questions    distress, and they will investigate cases that
regarding how they will intersect. ABVMA         are reported to them. Lay people performing
staff veterinarians met with representatives     veterinary procedures causing distress may be
of the Alberta SPCA (ABSPCA) to discuss          subject to charges under the APA.
this, and this is our current understanding.         Veterinary professionals must use their
    If a veterinary practice is presented with   judgement when presented with these cases.
an animal that has undergone one of the          It is a difficult situation, trying to avoid
prohibited procedures, they should ask where     offending a client while maintaining the best
the procedure was performed. If performed        possible welfare for the animals involved.
by an Alberta registered veterinarian, the       While working through this transition period
veterinarian should be contacted to discuss      may be challenging, the implementation of
the possible medical reasons that the            these resolutions is a positive step forward for
procedure was performed. If the procedure        our profession.

                                             Go Green!
                                             Opting out of the paper magazine
                                             If you would like to opt out of receiving a printed copy of the ABVMA Members Magazine,
                                             please contact Sarah Munn at sarah.munn@abvma.ca.
                                             The digital version of the magazine is sent out in the first E-News of the month of each issue,
                                             and is available to download at abvma.ca under the ADS/CE/LIBRARY tab.
                                             If you are not receiving your ABVMA E-News, please contact the ABVMA office.

                                                                                                                                        WWW.ABVMA.CA   5
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
Council Highlights

    2019 ABVMA Council
Back row, standing (left to right): Dr. Ingrid Hildebrandt, Dr. Baljit Singh, Dr. Colleen Pratt, Mr. Mick Howden, Dr. Pat Burrage, Dr. Keith Lehman, Mr. Ross Plecash, Dr. Louis Kwantes, Dr. Darrell
Dalton, Dr. Chris Belan, Dr. Daren Mandrusiak, Dr. Gurmeet Singh Tuli, Ms. Amanda Barker
Front row, seated (left to right): Dr. Kathy Keil, Ms. Kate Simon, Dr. Kirsten Aarbo, Dr. Lisa Lomsnes, Dr. Kim Romanufa, Ms. Darcie Steffler

April 24-25, 2019
Dr. Pat Burrage
•    THE ABVMA HAS RECEIVED A                                             to have Dr. Aarbo (ABVMA Vice                                    •    A task force was appointed by Council to
     $250,000 grant from Alberta Agriculture                              President), who is very passionate about                              consider strategies to increase the uptake
     and Forestry for antimicrobial                                       PIPS, to lead in the review.                                          of pet insurance and consider an affinity
     stewardship communications. The                                 •    Council approved the policy resulting                                 partnership with industry.
     project will develop communications to                               from Resolution 19-II (Unnecessary                               •    ABVMA/CVMA membership is a
     promote antimicrobial stewardship for                                Medical Procedures) that was passed                                   regularly discussed topic at Council
     veterinarians and producers. ABVMA                                   at the 2019 Annual General Meeting                                    meetings. Council has supported
     staff is currently working on a plan that                            (AGM). There was overwhelming social                                  a request that CVMA consider a
     extends to 2021.                                                     media support following the AGM                                       federation structure for ABVMA and
•    ABVMA staff recently met with the                                    from the majority of voting members                                   provide an organizational membership to
     executive of Alberta Beef Producers to                               and members of the public. The policy is                              CVMA.
     explore areas of mutual interest. Part of                            expected to be in effect July 1, 2019.                           •    ABVMA and UCVM have initiated
     the discussion was to review any issues                         •    A task force was appointed by Council                                 discussion on training opportunities for
     as the result of the Health Canada                                   to work on Member Resolution 0-I                                      graduates of non-accredited schools.
     policy moving all medically important                                that came out of the 2019 AGM. The                                    Council supports staff working on an
     antimicrobials to the Prescription Drug                              mandate will be to explore the need for                               educational module in collaboration
     List effective Dec. 1, 2018. The good                                and feasibility of options to the current                             with UCVM to provide internationally
     news is that any issues that did arise were                          regulations regarding ownership of a                                  trained veterinarians information about
     considered minor.                                                    corporation that is approved as a permit                              practicing veterinary medicine in the
•    The PIPS Bylaw is currently under                                    holder. A report is expected back to                                  Canadian context.
     review. A task force was struck to review                            Council by Sept. 1, 2019.
                                                                                                                                           What is presented above is a fraction of what
     feedback from membership and report                             •    ABVMA Council is considering a policy
                                                                                                                                           was discussed at the April Council meeting.
     back to Council by October 2019 with                                 regarding delegation of ultrasound
                                                                                                                                           We encourage all members to provide
     the intent the revised bylaw will go to                              image capture. Council agreed that
                                                                          image assessment and medical care is                             comments and questions back to Council.
     membership for a vote this fall. Bylaw                                                                                                Council minutes will be posted on the
     review is difficult and often painful, but                           the responsibility of the veterinarian.
                                                                          Council directed staff to prepare a                              member website, in their entirety, once they
     very necessary to keep them current for                                                                                               have been approved at the next meeting.
     an organization to function smoothly.                                draft policy for delegation of capture of
     ABVMA Council is very fortunate                                      ultrasound images.

6    ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
2019 Council

                                              DR. PAT BURRAGE GRADUATED FROM                          He is the proud father of three daughters,
                                              WCVM in 1989. He spent the first half of             two of whom have left the nest and the
                                              his career owning and operating a mixed              youngest soon to finish high school. He spends
                                              animal practice in southern Alberta. He has          his spare time fly fishing, exercising his two
                                              spent the past 17 years in central Alberta           dogs by chasing pheasants in the fall, coaching
                                              where he owned and managed a mixed animal            high school girls’ volleyball and playing with
                                              practice with five veterinarians, three registered   his cows on the farm west of Bluffton.
                                              veterinary technologists and four support staff         He has been involved with the Alberta
                                              in Bluffton.                                         Veterinary Medical Association throughout his
                                                 He has successfully transitioned the              career, serving on the Food Animal Committee
                                              ownership of Bluffton Veterinary Services to         and a six-year term with the Complaint
                                              his young associates. He has recently taken          Review Committee, and most recently
      Pat Burrage, DVM                        on a part-time position at Lethbridge Animal         with Council.
          Central Region                      Clinic as an associate managing feedlot and
                                              cow/calf clients.

                    Call For ABVMA Committee
                    Volunteers For 2020
LEGISLATED COMMITTEES                                                        PROFESSIONAL ADVISORY COMMITTEES
ABVMA legislated committees carry out specific roles in accordance           ABVMA professional advisory committees are established by and
with the Veterinary Profession Act.                                          serve as a resource for Council. They meet in person twice/year and
                                                                             have teleconferences as needed. Members who have experience or
The following outlines current openings on legislated committees:            interest in the following areas and would like to become involved
                                                                             in the governance of the ABVMA are invited to submit their name
Practice Review Board (PRB) – two positions: two veterinarians. The          for consideration as a potential committee member. The following
PRB may carry out a review of a registered member's practice with the        positions are available for terms starting in February 2020:
approval of Council. The PRB is the committee appointed by Council
that deals with members who may be incapacitated.                               Animal Welfare Advisory Committee: two veterinarians
                                                                                Companion Animal Advisory Committee: one veterinarian and one
Practice Inspection and Practice Standards Committee                            veterinary technologist
(PIPS) – two positions: one veterinarian (mixed or large animal                 Equine Advisory Committee: five veterinarians
practice preferable) and one veterinary technologist. This committee            Food Animal Advisory Committee: one veterinarian or veterinary
reviews practice inspection reports, and identifies deficiencies assuring       technologist
compliance with the PIPS Bylaw. Members meet three times/year to                Member Wellness Advisory Committee: one veterinarian or
review reports from the practice inspectors as well as holding some             veterinary technologist
teleconferences.                                                                Wildlife and Ecosystem Health Committee: one veterinarian or
                                                                                veterinary technologist
Registration Committee – two positions: two veterinarians. This
committee meets two to three times yearly to review registrations            The deadline to submit your name for consideration is Sept. 20, 2019.
and registration processes for all veterinarian and veterinary
                                                                             For more information, please contact Dr. Jocelyn Forseille
technologist members.
                                                                             at jocelyn.forseille@abvma.ca or 780-489-5007 Ext. 232.

                                                                                                                              WWW.ABVMA.CA           7
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
2020 ABVMA Annual General Meeting

                                    Call for Resolutions
                                    THE ANNUAL GENERAL MEETING (AGM) OF THE ALBERTA VETERINARY MEDICAL
                                    Association will be held on Sunday, March 1, 2020, at 9:00 a.m. at the Delta Hotels by Marriott
                                    Edmonton South Conference Centre, 4404 Gateway Boulevard, Edmonton, AB.
                                       Members wishing to submit resolutions for consideration at the meeting are encouraged to do so, in
                                    accordance with the Council Policy on Submitting Resolutions (policy included below).

                                    The deadline for resolution submissions is Tuesday, October 15, 2019.

POLICY – RESOLUTIONS PRESENTED AT AN ANNUAL GENERAL MEETING

The Alberta Veterinary Medical Association         Once Council determines that the            OTHER RESOLUTIONS TO ANNUAL
is the statutory body responsible for           resolution will move forward for a vote by     GENERAL MEETING
regulating the practice of veterinary           the voting members, it is circulated to the    Members wishing to bring other resolutions
medicine in Alberta under the authority         members thirty days prior to the meeting       to an annual general meeting are entitled and
of the Veterinary Profession Act (VPA) and      at which it will be voted on. Once formally    encouraged to do so.
General Regulations.                            approved by the majority of voting members        Member resolutions must be:
    Veterinary medicine is a self-governing     present, bylaws and guidelines come into       1. focused on topics relating to the
profession. The VPA establishes the Council     force immediately while proposed regulation        association’s mandate and be consistent
of the ABVMA as the governing body              changes are communicated, in principle, to         with the vision and mission of the
and gives it the authority under the act to     the provincial government.                         veterinary profession in Alberta.
make regulations, bylaws and guidelines                                                        2. compliant with the Veterinary Profession
that govern the practice and conduct of                                                            Act, General Regulation and all other
                                                MEMBER RESOLUTIONS:                                relevant legislation.
its members.
                                                                                               3. a direction to Council to take specific
    The need to continually evolve the          Through Council
                                                                                                   action that may include an amendment to
governance documents of the association         Members of the association may have                the Act, General Regulations, Bylaws or
is a reflection of the ever-changing field of   occasion to be aware of an issue that might        Council Guideline or other appropriate
veterinary medicine and the needs of society.   best be resolved through amendments of             action.
Members of Council consider information         the association’s governance documents.        4. presented to the Registrar no later than
from their own experience, from members,        These members are encouraged to bring              October 15 of the year preceding the
related stakeholder groups, government,                                                            Annual General Meeting. This will
                                                this information to Council, either directly
media and a wide range of other sources.                                                           permit review by the resolution
                                                or through an individual Councillor or             committee and distribution to members
All registered members participate in the       committee member. Council will consider            in accordance with the legislation prior to
development of these governance documents.      the issue and may bring forward a resolution       a vote at the AGM.
                                                based on the merit of the submission. This     5. supported with the signatures of 10
                                                resolution will move forward as a Council          registered members.
POLICY:                                         resolution as described above. This is the     6. submitted in a clear format, giving
                                                most expedient process to effect change in         appropriate background and rationale.
Council Resolutions:
                                                association governance documents.              7. specific and deal only with one subject.
When there is a recognized need for a bylaw,
regulation or guideline amendment, Council                                                     Resolutions will not be accepted from the
will take action and solicit input from                                                        floor of an Annual General Meeting.
committees and members of the association.
These resolutions are drafted with full
consideration of the needs of the public,
their animals and the members. Resolutions                                           Council and Award Nominations Now Open
are reviewed by legal counsel and must be                                          For information on nominating a colleague for Council
consistent with the values of the profession                                       or an award, please see page 18, Keeping You Current.
and the laws of the province.

8   ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
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MEMBERS' MAGAZINE BEAR CREEK ANIMAL CLINIC - JULY-AUGUST 2019 - ABVMA
Complaints Director’s Report

                                        COMPLAINT CASE #16-08                            ALLEGATIONS IN NOTICE OF
                                                                                         HEARING
                                        A complaint was received about the conduct
                                        of a veterinarian relating to interactions       Medical Management
                                        between the complainant and the veterinarian
                                                                                         1. That on April 1, 2016, because of a
                                        when a Pomeranian was presented for                 shortfall of funds in the amount of $50,
                                        weakness and vomiting bone fragments.               you failed to act swiftly with respect to the
                                            On April 1, 2016, the complainant               dog who was in critical condition (when
                                        arrived at the veterinary practice around 7:30      the owner had advised she would be able
                                        p.m. and paid for an examination, which             to return home and obtain the funds for
                                        was undertaken by the veterinarian. The             treatment).
                                        veterinarian recommended X-rays and blood        Professionalism
                                        work be performed.
                                                                                         2. That on April 1, 2016, you deliberately
                                            The complainant did not have the full
                                                                                            withheld possession of the dog from her
                                        amount of the deposit required to undertake         owner, until such time as a deposit for
          Phil Buote, DVM               the diagnostic tests without returning home         further medical testing could be procured.
                                        to transfer the funds between accounts.          3. That your conduct in withholding the dog
     Complaints Director and Deputy
                                        The veterinarian would not undertake the            from her owner caused the dog to have
       Registrar, Alberta Veterinary
                                        diagnostic tests without receiving the full         delayed access to life-saving treatment,
          Medical Association           amount of the requested deposit. As a result,       ultimately contributing to her death.
                                        the complainant became very upset and swore      4. That on April 1, 2016, you acted
                                        at the veterinarian a number of times.              inappropriately in videotaping your staff
                                            The veterinarian took the dog from the          member, a registered veterinary
                                                                                            technologist after being expressly asked
                                        registered veterinary technologist (RVT) and
                                                                                            not to do so.
                                        placed the dog in a kennel. The complainant      5. That on April 1, 2016, while videotaping
                                        called 911 and went out to her vehicle to wait      the registered veterinary technologist, you
                                        for the police to arrive. During the course of      acted unprofessionally in belittling her
                                        the events, the veterinarian videotaped his         intelligence.
                                        interaction with the RVT, specifically giving    6. That you acted unprofessionally when you
                                        her direction to return the dog to the owner.       exited the veterinary practice on the
                                            At approximately 8:25 p.m., the dog             evening on April 1, 2016, to yell
                                        was returned to the owner. The owner went           profanities at individuals who were outside
                                        home to transfer funds and then attended at         of your clinic.
                                        another emergency veterinary practice. The       Medical Records
                                        dog was checked in to the emergency practice     7. That you failed to complete medical
                                        at 9:26 p.m. The dog was examined and had           records with respect to the dog in an
                                        X-rays and blood work performed. While              appropriately contemporaneous manner.
                                        the attending veterinarian was discussing
                                        surgery with the complainant, the dog went           The Hearing Tribunal heard testimony
                                        into cardiopulmonary arrest and died, despite    from the complainant, the veterinary
                                        efforts to provide CPR.                          technologist and the veterinarian.
                                            The complaint was investigated and the           The veterinarian provided an additional
                                        report of the investigation was reviewed by      document on October 11, which was
                                        the Complaint Review Committee (CRC),            purported to be a contemporaneous account
                                        which made a decision to refer the matter for    of the events that had not been included or
                                        a hearing in accordance with section 33.1(3)     attached to the medical record, but which
                                        (a).                                             informed a paragraph in the medical record
                                            A hearing was convened on June 21, 2017,     that was added some time after the events.
                                        which was adjourned at the request of the
                                        member. The hearing re-convened on Oct. 10       FINDINGS
                                        and 11, and Nov. 23, 2017.
                                                                                             The tribunal considered the evidence and
                                                                                         testimony before it and made findings on
                                                                                         two of the seven allegations of unprofessional
                                                                                         conduct:

10   ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
Complaints Director’s Report

5. That on April 1, 2016, while videotaping         6. There shall be publication of this matter         make a decision reasonable, referring both to the
    [the registered veterinary technologist],          on a “no names” basis.                            process of articulating the reasons and to outcomes.
    you acted unprofessionally in belittling her                                                         In judicial review, reasonableness is concerned
    intelligence.                                   APPEAL TO COUNCIL                                    mostly with the existence of justification,
7. That you failed to complete medical records                                                           transparency and intelligibility within the
    with respect to [the dog] in an                 On Aug. 31, 2018, the member appealed the
                                                                                                         decision-making process. But it is also concerned
    appropriately contemporaneous manner.           two findings of unprofessional conduct.
                                                                                                         with whether the decision falls within a range of
                                                        The member subsequently abandoned
                                                                                                         possible, acceptable outcomes which are defensible
SANCTIONS                                           his appeal concerning allegation 5, relating
                                                                                                         in respect of the facts and law.”
                                                    to conduct while videotaping the veterinary
The Hearing Tribunal received submissions                                                                    The COC concluded that assessing
                                                    technologist, and the appeal was limited
from the ABVMA and the veterinarian                                                                      the Hearing Tribunal decision on the
                                                    to the finding of unprofessional conduct
regarding sanctions and made the following                                                               reasonableness standard also involved
                                                    concerning allegation 7 on medical records.
order with respect to sanctions in the matter:                                                           determining whether the decision was
                                                    The remedy sought was to have the finding
1. A written reprimand shall be issued                                                                   defensible bearing in mind that more than
    against the veterinarian.                       of unprofessional conduct overturned and the
                                                                                                         one right answer may be possible in any given
2. The veterinarian shall pay 1/4 of the costs      penalty ordered in the decision varied.
                                                                                                         situation.
    of this matter, in the sum of $13,746.01,           The member made arguments regarding
                                                                                                             The COC concluded that those reasons
    within 12 months from the date of this          the added paragraph in the medical record
                                                                                                         were clear and understandable and were
    Order.                                          that described the interaction between
                                                                                                         supported by the evidence before the
3. The veterinarian shall be required to            the veterinarian and the client, specifically
    complete, at his own cost, the following                                                             Hearing Tribunal. The COC also concluded
                                                    that the information was not medical in
    continuing education obligations within                                                              that the reasons fell within a range of
                                                    nature therefore did not need to be included
    12 months from the date of this Order:                                                               possible outcomes and met the standard of
                                                    in the record. The member also argued
   a. The veterinarian shall be required to                                                              reasonableness.
                                                    that in any case the record was created
       successfully complete the veterinary                                                                  The COC concluded that it was
                                                    contemporaneously, as the veterinarian had
       medical records course offered online by                                                          reasonable for the Hearing Tribunal to
       Washington State University; and             produced a handwritten document that was
                                                                                                         find that the dog’s medical record was not
   b. The veterinarian shall be required to         purportedly made the night of the events
                                                                                                         recorded contemporaneously.
       attend 15 hours of continuing education      but was not attached, which informed the
                                                                                                             The COC concluded that it was
       in communications, professional              added paragraph.
                                                                                                         reasonable for the Hearing Tribunal to make
       interactions or ethics. This continuing          The member also argued that the failure
       education must be approved by the                                                                 a finding of unprofessional conduct, in that
                                                    to create a medical record does not rise to the
       Complaints Director.                                                                              the Hearing Tribunal had the necessary
                                                    level of unprofessional conduct.
4. Upon the veterinarian’s practice reopening,                                                           specialized expertise and qualifications to
                                                        Council of the ABVMA acts as the appeal
    it shall be subject to two unannounced                                                               determine what constitutes unprofessional
                                                    body for the complaints process.
    practice audits by a practice auditor                                                                conduct. The COC showed deference to
                                                        Appeal to Council
    approved by the ABVMA over a period of                                                               the hearing tribunal conclusion concerning
                                                       44(1) An investigated person or the
    one year. These audits shall focus on, but                                                           allegation 7 that the veterinarian’s failure to
                                                           Complaints Director, on behalf of the
    not be limited to, medical records. The                                                              complete the medical record in an appropriate
                                                           association, may commence an appeal to the
    veterinarian shall pay the costs of these                                                            contemporaneous manner rose to the level of
                                                           Council of a decision of the Hearing
    practice inspections and shall provide any                                                           unprofessional conduct.
                                                           Tribunal by a written notice of appeal that
    and all information requested by and to
                                                         (a) identifies the appealed decision, and
    the inspector. The result of the practice
                                                         (b) states the reasons for the appeal.          DECISION ON COSTS
    inspections shall be provided to the
    Complaints Director and PIPS                        One of the obligations of the Council is
                                                    to determine the “standard of review” when           On the issue of costs of the appeal, the COC
    Committee and be subject to their
                                                    undertaking an appeal. In most professional          decided that since the ABVMA was entirely
    approval.
5. If the Complaints Director deems there to        conduct appeal hearings, the appropriate             successful at the appeal stage and since the
    be a violation of this Order, as unilaterally   standard of review is “reasonableness.”              members of the veterinary profession should
    deemed by the Complaints Director, the              What is Reasonableness?                          not “subsidize” unprofessional conduct,
    veterinarian shall, upon notice by the              The Committee of Council (COC)                   the veterinarian was ordered to pay the
    Complaints Director, be suspended from          undertaking the appeal adopted the test for          entire costs of the appeal in the amount of
    the practice of veterinary medicine             reasonableness set out in Dunsmuir described,        $26,669.84.
    pending a hearing into allegations of           in part, as follows:                                    The COC also accepted the ABVMA's
    unprofessional conduct resulting from the                                                            submission that those costs be payable over
                                                        “Tribunals have a margin of appreciation
    breach of this Order. The Complaints                                                                 a one year period, specifically that the appeal
    Director shall maintain this discretion         within the range of acceptable and rational
                                                    solutions. A court conducting a review for           costs be paid in full by the veterinarian on or
    until such times as all provisions of this
    Order are satisfied.                            reasonableness inquiries into the qualities, that    before March 15, 2020.
                                                                                                                                    CONTINUED ON NEXT PAGE

                                                                                                                                   WWW.ABVMA.CA           11
Complaints Director’s Report continued

COMPLAINT CASE #17-27                                       communications remain unanswered. Only             21, 2018, and made a referral in accordance
                                                            after informing the Alberta Veterinary             with section 33.1(3)(a) that the matter be
BACKGROUND                                                  Medical Association of the inability to contact    referred for a hearing.
A letter of complaint was received in                       his named legal counsel was it determined              The veterinarian did not respond to
September 2017, against a veterinarian                      that this representation had been formally         communication from the ABVMA and
regarding the euthanasia of a 16-year-old                   withdrawn from the Court Of Queen’s Bench          registered mail sent to the veterinarian was
neutered male Pekingese cross dog. The dog                  [redacted]                                         returned. A process server was unable to
had been presented for an ear infection.                    ‐ The medical records pertaining to the care       locate and personally serve the notice of
The veterinarian and the complainant had a                  of the dog belonging to the complainant            hearing and disclosure documents on the
discussion about a lump on the dog’s leg. An                were fortuitously obtained from the Alberta        veterinarian. The ABVMA took steps to
appointment was made for a lump removal                     Veterinary Medical Association as a result of      provide notice by alternate means, including
surgery under general anesthetic for the                    the [redacted] medical records being turned        notice in the newspaper. These actions to
following week, however, the dog deteriorated               over to the association after being found stored   provide notice to the veterinarian were
rapidly over the next 24 hours and the family               within the commercial retail space previously      determined to be satisfactory to the Hearing
decided to euthanize him.                                   occupied by the same.                              Tribunal:
    When the veterinarian initiated the                     ‐ The medical records pertaining to the                The Hearing Tribunal acknowledged that the
euthanasia procedure, he was unsuccessful                   events under review contain limited                ABVMA, in accordance with section 61 of the
in obtaining intravenous access and as                      information and no details regarding client        Veterinary Profession Act, exercised and met
a result had difficulty administering the                   communication, drug identity, doses or routes      the standard of due diligence in attempting to
injection. After many attempts to find a                    of administration during the office visit dated    notify [redacted] of his summons to appear before
vein using multiple locations on his body,                  August 1, 2017. There are no medical record        the Hearing Tribunal. The Hearing Tribunal
the veterinarian decided to give the dog an                 entries documenting the actions or decisions       recognized that [redacted] was responsible for
oral dose of the drug. After this took effect,              taken by [redacted] during the euthanasia          informing the ABVMA of any and all changes
the veterinarian was able to complete the                   procedure under review.                            in his contact information, in accordance with
euthanasia via an intravenous injection.                    Due to the inability to contact [redacted]         section 14(1)(u) of the Veterinary Profession
    An investigator was appointed to                    and obtain his response to the complaint this          Act. Pursuant to sections 27(2) and 40(6)(a)(b)
conduct an investigation into the complaint.            investigation report is being submitted in             of the Veterinary Profession Act, the Hearing
The investigator was unable to contact                  its absence.                                           Tribunal confirmed that the ABVMA has the
or interview the veterinarian. From the                     Practice has closed suddenly and the               statutory authority, after exercising due diligence,
investigator’s report:                                  whereabouts was unknown. The investigator              to govern its members inclusive of having a
    Interview with [redacted]                           made multiple attempts using various means             cancelled registration and in absentia.
    Attempts to contact [redacted] regarding the        to contact the veterinarian. Ultimately, the
assigned investigation were unsuccessful and            investigator concluded the investigation without       ALLEGATIONS IN THE NOTICE OF
were as follows:                                        a letter of response or interview with the             HEARING
    ‐ Telephone calls were made to his residence        veterinarian.
                                                            During the course of the investigation, the        Medical Management
    using his most recent self-reported contact
    information as found in the Alberta                 veterinarian failed to renew registration with         1. On Aug. 2, 2017, you failed to implement
    Veterinary Medical Association member               the ABVMA and was cancelled by Council                    an appropriate euthanasia protocol for the
                                                        on Feb. 22, 2018, effective Jan. 1, 2018.                 euthanasia of the dog.
    database.
                                                        Notwithstanding that the veterinarian was              2. That you failed to properly place a catheter
    - Each attempt to reach [redacted] at this                                                                    intravenously into the dog after
    number resulted in no answer, with no               cancelled, the ABVMA retained jurisdiction
                                                                                                                  attempting 10 to 12 times unsuccessfully.
    opportunity to leave a message at the number.       to proceed with the matter under section
                                                                                                               3. That you inappropriately gave an oral
    After many rings the line would however             27(2):                                                    administration of Euthansol to the dog.
    proceed to an electronic response similar to that       Complaints                                         4. That you implemented a euthanasia
    made when calling a fax line.                           ...                                                   protocol that was unacceptably traumatic
    ‐ No new contact information has been                   (2) A complaint respecting the conduct of             to the dog and emotionally distressing to
    provided to the Alberta Veterinary Medical          a registered member, permit holder or student             the clients.
    Association by [redacted] as he is no longer        whose registration was cancelled pursuant to           Failure to Cooperate with the ABVMA
    listed as an active member of the association.      this Act may be dealt with, notwithstanding
                                                        the cancellation, within 2 years following the         5. That you failed to properly respond to the
    ‐ [redacted] had previously provided the                                                                      ABVMA investigator.
    Alberta Veterinary Medical Association              date of cancellation of the registration as if the
                                                                                                               6. That you failed to properly comply with
    with the contact information for a legal            cancellation had not occurred.                            the investigation into the complaint.
    representative but attempts to contact this             The report of the investigation was
                                                        provided to the Complaint Review                       Medical Records
    individual by both telephone and electronic
                                                        Committee (CRC). The CRC met on June                   7. That you failed to complete and maintain

12   ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
Complaints Director’s Report continued

   appropriate medical records for the dog.          (i) Failing to complete and maintain                 under section 27, the Complaints Director or
8. That you failed to complete any medical                appropriate medical records for the dog,        Complaint Review Committee may refer the
   record with respect to the dog for the Aug.       (ii) Failing to complete any medical record          matter to a committee designated or
   2, 2017, euthanasia.                                   with respect to the dog’s euthanasia on         established by the Council.
                                                          August 2, 2017, and                         (2) The committee, on receipt of a referral under
FINDINGS OF THE HEARING                              (iii)Failure to record the administration of         subsection (1), may direct the registered
TRIBUNAL                                                  pharmaceuticals, in all probability,            member to submit to specified physical or
                                                          pentobarbital sodium or T-61                    mental examinations, or both, by a person or
With regards to the medical management                    Euthanasia Solution, in the medical             at a facility specified by the committee and
of the euthanasia procedure, the Hearing                  record,                                         request the person or facility to report to the
Tribunal concluded that the veterinarian:          and such conduct constitutes unprofessional            committee and the registered member within
   (i) Failed to offer or place an intravenous     conduct pursuant to section 1(n.1)(i),(ii),(x)         a time specified by the committee.
        catheter in the dog prior to euthanasia,   and (xi) of the Veterinary Profession Act,         (3) On receipt of the results of any mental or
   (ii) Inappropriately made excessive attempts    R.S.A.2000, c.v-2, amended.                            physical examination under subsection (2),
        to accomplish venipuncture on the dog                                                             the committee may direct the registered
        with the owners witnessing the process,                                                           member to submit to treatment recommended
   (iii)Inflicted undue stress and trauma to the   SANCTIONS OF THE HEARING                               by the person or facility referred to in
        dog,                                       TRIBUNAL                                               subsection (2), by a person or at a facility
   (iv) In all probability, administered           As a result of the findings of the Hearing             specified by the committee.
        pentobarbital sodium for injection or      Tribunal with respect to allegations of            ...
        T-61 Euthanasia Solution for injection                                                        (5) The committee may direct that the registered
                                                   unprofessional conduct, the Hearing
        orally to the dog, and                                                                            member cease practising veterinary medicine
   (v) Failed to communicate and follow his        Tribunal makes the following orders in                 until a report is received under subsection (2)
        usual and established euthanasia           accordance with s.41.1 of the Veterinary               or, if a direction is made under subsection (3),
        protocol causing the owners                Profession Act.                                        cease practising veterinary medicine until the
        unacceptable emotional distress during        (1) $1000 fine for failure to appropriately         committee is satisfied that the registered
        the dog’s euthanasia.                      conduct the euthanasia of the dog on Aug. 2,           member is no longer incapacitated, and the
and such conduct constitutes unprofessional        2017, according to the veterinarian’s usual and        committee must notify the Registrar of the
conduct pursuant to section 1(n.1)(i),(ii),(x)     established euthanasia protocol,                       direction to cease practising
and (xi) of the Veterinary Profession Act,            (2) $2,000 fine for failure to cooperate            veterinary medicine.
R.S.A.2000, c.v-2, amended.                        with the ABVMA appointed Investigator                  The physician conducting the examination
    With regards to cooperating with the           and comply with the investigation into the         confirmed a diagnosis of substance abuse
ABVMA, the Hearing Tribunal found the              complaint,                                         disorder, severe, and noted a significant
veterinarian, a registered member of the              (3) $1,000 fine for failure to complete and     tolerance to hydromorphone. The PRB made
ABVMA, guilty of:                                  maintain appropriate medical records for the       orders that Dr. Irwin attend for treatment
   (i) Depriving the ABVMA of the right to         dog, and                                           and the order to cease practice would remain
        govern him in the interest of protecting      (4) Publish this decision in the ABVMA          until such time as a report that he is no longer
        the public and the integrity of the        Members’ Magazine on a “without names” basis.      incapacitated is received. Dr. Irwin appealed
        veterinary profession and by failing to                                                       the orders to cease practice and attend for
        keep his contact information current, in                                                      treatment to the Council.
                                                   COMPLAINT CASE #17-08
        accordance with section 14(1)(u) of the                                                           Council heard the appeal on Feb. 3,
        Veterinary Profession Act.                 BACKGROUND                                         2015, and upheld the decision and orders of
   (ii) Failing to properly respond, in                                                               the PRB, specifically that Dr. Irwin attend
        accordance with section 32(1) the          In 2014, on referral from the Complaints
                                                   Director, the Practice Review Board (PRB),         for residential treatment, that the order
        Veterinary Profession Act, to the
        ABVMA appointed Investigator, and          which is the committee designated by               cease practice would be continued and that
   (iii)Failing to properly comply with the        Council to consider matters of incapacity,         if the orders were not complied with that
        investigation into the complaint in        ordered Dr. James Irwin to attend for a            professional conduct proceedings would be
        accordance with section 32(1) the          medical examination and to cease practice in       initiated.
        Veterinary Profession Act.                 accordance with the Veterinary Profession Act          Dr. Irwin appealed the orders of Council
    and such conduct constitutes                   (VPA) section 65.1 - Assessing incapacity:         to the Court of Appeal of Alberta, and
unprofessional conduct pursuant to section                                                            applied for a stay of the Orders. The Court
1(n.1)(i),(ii),(vi.B),(x) and (xi) of the          Assessing incapacity                               of Appeal stayed the suspension pending the
Veterinary Profession Act, R.S.A.2000, c.v-2,      65.1(1) If the Complaints Director or the          hearing of the appeal and Dr. Irwin returned
amended.                                              Complaint Review Committee has grounds          to practice March 10, 2015. The appeal proper
    With regards to medical records, the              to believe that a registered member is          of the Orders of Council was heard by the
Hearing Tribunal found the veterinarian               incapacitated, whether or not a complaint has   Court of Appeal of Alberta on Oct. 9, 2015.
guilty of:                                            been made or deemed to have been made               The Court of Appeal released its decision
                                                                                                                                 CONTINUED ON NEXT PAGE

                                                                                                                                WWW.ABVMA.CA           13
Complaints Director’s Report continued

on Dec. 18, 2015. The Court found that in          Aware of unprofessional conduct                        form the pharmacy. These efforts included an
the circumstances, the veterinarian had not        27.1 Despite not receiving a complaint under           application for a Court Order for Dr. Irwin to
been provided sufficient notice regarding              section 27(1), if the Complaints Director has      produce the documents.
the allegations against him prior to being             information that on reasonable grounds causes          Ultimately, the requested documents were
suspended. Additionally, the Court found he            the Complaints Director to believe that the        never produced. The investigator concluded
was not provided with sufficient opportunity           conduct of a registered member constitutes         the investigation and provided the report to
to respond to the allegations of incapacity.           unprofessional conduct or has information          the Complaint Review Committee (CRC) on
Those omissions were found to constitute               that a person has not complied with an order       April 9, 2018.
breaches of the veterinarian’s right to                under section 41.1(1) or 45(5) or with a               The CRC met on June 21, 2018, and made
procedural fairness. Furthermore, the Court of         ratified settlement under section 30.1, or if an   a referral in accordance with section 33.1(3)
                                                       admission under section 35.1 does not relate
Appeal found that the Committee of Council                                                                (a) that the matter be referred for a hearing.
                                                       to all matters complained of or investigated,
(COC) had failed to consider the issue of Dr.          the Complaints Director may treat the                  By that time and during the course of
Irwin’s medical condition, and that as a result,       information as a complaint received under          the investigation, Dr. Irwin became non-
the COC’s decision was unreasonable. The               section 27(1).                                     responsive to communication from the
Court of Appeal quashed the COC’s decision             An investigator was appointed to conduct           ABVMA and Dr. Irwin’s legal counsel
to suspend the veterinarian.                       an investigation. Dr. Irwin was notified of            withdrew as counsel of record. Dr Irwin’s
                                                   the complaint and was requested to provide a           practice was abandoned in late 2017. Dr.
COMPLAINT                                          response to the letter of complaint. Dr. Irwin         Irwin failed to renew registration with the
                                                   was also informed that the matter could still          ABVMA and was cancelled by Council
In early 2017, the ABVMA Complaints                                                                       on Feb. 22, 2018, effective Jan. 1, 2018.
                                                   be referred to the PRB as the complaint may
Director received a call from a community                                                                 Notwithstanding the veterinarian was
                                                   very reasonably relate to incapacitation. In
pharmacist who was concerned about the                                                                    cancelled the ABVMA retained jurisdiction
                                                   the event that Dr. Irwin was agreeable to
volume of hydromorphone being prescribed                                                                  to proceed with the matter under section
                                                   move the matter to the PRB and comply
by Dr. Irwin. Specifically, that he has been                                                              27(2) of the VPA.
                                                   with orders for assessment and treatment, the
prescribing 10 vials of hydromorphone at a                                                                    The hearing was held on Nov. 7, 2018, in
                                                   complaint could be set aside in accordance
time, every 4-5 days. The pharmacist further                                                              Dr. Irwin’s absence. The tribunal was satisfied
                                                   with section 65.1(10)
disclosed that upon questioning, Dr. Irwin                                                                of the attempts made to serve Dr. Irwin
                                                   (10) If a complaint has been made against a
told her that he was limited as to what he             registered member and the committee                notice and disclosure documents.
could purchase from his usual supplier.               (a) is satisfied that the matter complained of
    The Complaints Director undertook                      arose because of the incapacity of the
to contact the College of Physicians and                                                                  NOTICE OF HEARING
                                                           registered member,
Surgeons of Alberta, which administers the            (b) has made one or more directions under           The allegations in the Notice of Hearing are
Triplicate Prescription Program (TPP), to                  subsections (2) and (3), and                   as follows:
request Dr. Irwin’s prescriber profile. The           (c) is satisfied that the registered member is
                                                                                                          Improper Narcotics Purchases
Complaints Director also requested Dr.                     complying with the directions made under
                                                           subsection (3),                                1. That during the period June 2015 to
Irwin’s controlled drugs purchase records
                                                   the committee may, at any time before the                 December 2017, you undertook issuing
from Western Drug Distribution Center                                                                        prescriptions for and the purchase of an
(WDDC).                                            matter has been referred to the Hearings
                                                   Director, suspend any proceedings with respect            unjustifiable amount of hydromorphone.
    The Complaints Director undertook an                                                                  2. That during the period June 2015 to
evaluation of the amounts of hydromorphone         to the complaint for a period of time that the
                                                                                                             December 2017, you failed to justify or
purchased and sought an expert opinion             committee considers appropriate.                          demonstrate the disposition of the amount
on the reasonableness of the amounts,                  Dr. Irwin did not accept the offer to move            of hydromorphone and other controlled
considering that Dr. Irwin practiced in a          the matter to PRB and deal with the issue                 drugs from your veterinary practice.
                                                   of incapacitation. An abbreviated response
single-person companion animal practice.                                                                  Failure to Cooperate
The total amounts acquired by Dr. Irwin            was received from Dr. Irwin’s legal counsel
                                                   by email on April 25, 2017. Dr. Irwin was              3. You failed to comply with the request of
were considerably higher than what would                                                                      the Investigator to provide:
be expected to be appropriately used in            interviewed by the investigator, but did not
                                                   comply with the investigator’s request to                i. The narcotics and controlled drug
the course of a normal single-veterinarian                                                                      logbook indicating the disposition of all
companion animal practice.                         provide his controlled drug logs.
                                                                                                                narcotics purchased since March 2015
    The TPP prescriber profile,                        The investigator undertook significant                   to July 2017;
hydromorphone purchase records form                efforts between June 28, 2017, and March                 ii. The surgical log, appointment book,
WDDC and the report of the medical                 2018 to acquire and review documents                         medical records, invoicing to clients and
assessment undertaken in November 2014             including appointment book, controlled                       relevant triplicate prescription forms
were all treated as a complaint received under     drug logs and medical records that                           associated with the narcotic and
                                                   would demonstrate the disposition of the                     controlled drug log books for the period
section 27.1.
                                                   hydromorphone purchased and acquired                         of March 2015 to July 2017.

14   ABVMA MEMBERS’ MAGAZINE | JULY-AUGUST 2019
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