- On June 10th 2014, Hometown Animal Care was notified that the Texas Board of Veterinary Medical Examiner (TBVME) has initiated an investigation regarding their conduct from an event that occurred in February 2014. Both Dr. Tom Sutton DVM and Dr. Joni O'Hair were named in the complaint and each assigned a case number in which they must respond to the allegations.
The complaint alleges that a relief veterinarian at the hospital acted with the intent of relinquishing ownership of a 1 year old Siamese cat to the hospital. This was accomplished by adding costs after initial quote was given, withholding treatment options, and using urgency as a means to force the owner into position of choosing between euthanasia or relinquishing ownership; to which the cat was immediately adopted by a staff member. This was done all over the phone and with no documentation. The next day, when the owner attempted to visit the cat to say goodbye, the staff refused visitation. In later discussions with the owner of the hospital, it was revealed that the costly emergency after care services that were used to make the procedure not affordable for the owner never occurred, instead he was cared for at a staff member's home. In retaliation for the owner questioning their conduct and action and wanting the cat returned, the owner made two public statements via email releasing the owners full name, details of the medical records, and false allegations of abuse and neglect of the cat.
Using the hospital owner's own words, an 80 page complaint was generated that cross referenced statement to medical record, phone records, Texas law. The final result uncovered several potential violation of ethical conduct and business practices
The following allegation for violations of the Texas Administrative Code; Title 22, Part 24 and Occupational Code; title 4, Chapter 801 have been made against Hometown Animal Care- Conflict of Interest (Rule 573.1 & 801.364)
- No Abuse of Position or Trust (573.7)
- Supervision and responsibility of non-veterinary employees (Rule 573.10, 573.11, Sec 801.364)
- Delegation & Supervision Relating to health documentation (Rule 573.13)
- Veterinarian patient recording keeping (573.52)
- Responsibility for Acceptance of medical care; existence of Vet/client/patient relationship (Rule 573.20 & Sec 801.351)
- Professional Standard of Care (Rule 573.22)
- Honesty, Integrity, and Fair Dealing (Rule 573.27)
- Observation of Confidentiality (Rule 573.28 & Sec 801.353)
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm
The complaint process contains 5 phases- Phase 1 Investigative Process (3-5 months)
- Phase 2 Review Process (1-3 months)
- Phase 3: Informal Settlement Conference (1-5 months)
- Final Agreed Order (1-5 months)
- Hearing Set at State Office Administrative Hearings (1-18 months)