STATE OF TENNESSI DEPARTMENT OF HEALTH IN THE MATTER OF: BEFORE THE TENNESSEE BOARD OF VETERINARY MEDICAL RONALD E. WHITFORD, DVM EXAMINERS, CASE NO. 2016003391 CLARKSVILLE, TENNESSEE ‘TENNESSEE LICENSE NO. 1321 ) ) ) RESPONDENT. ) ) ) ) CONSENT ORDER ‘The Division of Health Related Boards of the Tennessee Department of Health (“Department”) by and through the Office of General Counsel, and Respondent, Ronald E. Whitford, DVM (“Respondent”), respectfully move the Tennessee Board of Veterinary Medical Examiners (“Board”) for approval of this Consent Order affecting Respondent’s license to practice veterinary medicine in the state of Tennessee. 1. AUTHORITY AND JURISDICTION Under the Tennessee Veterinary Practice Act (“Act”), the Board is responsible for the regulation and supervision of veterinarians licensed to practice in the state of Tennessee, TENN. Cope ANN. §§ 63-12-101, ef seq. It is the policy of the Board to require strict compliance with the laws of this state, and to apply the laws so as to preserve the quality of veterinary medical care provided in Tennessee. It is the duty and responsibility of the Board to enforce the Act in such @ manner as to promote and protect the public health, safety and welfare in every practicable way, including disciplining veterinarians who violate the provisions of the Act or theRules and Regulations promulgated by the Board and recorded in the Official Compilation Rules and Regulations of the State of Tennessee (“Tenn ComP. R, & REGS.”). Respondent, by Respondent's signature to this Consent Order, waives the ight to a contested case hearing and any and all rights to judicial review in this matter. Respondent agrees that presentation to and consideration of this Consent Order by the Board for ratification and all matters divulged during that process shall not constitute unfair disclosure such that the Board or any of its members shall be prejudiced to the extent that requires their disqualification from hearing this matter should this Order not be ratified. Likewise, all matters, admissions and statements disclosed or exchanged during the attempted ratification process shall not be used against Respondent in any subsequent proceeding unless independently entered into evidence or introduced as admissions, Respondent acknowledges that this is a formal disciplinary action that will be reported to the National Practitioner Data Bank and/or similar agency. In the event that the Board rejects this Consent Order for any reason, it will be of no force or effect for either party. Il, STIPULATIONS OF FACT 1. Respondent has been at all times pertinent hereto licensed by the Board as # veterinarian in the state of ‘Tennessee, having been granted license number 1321 on August 1, 1976, with an expiration date of April 30, 2017, 2. Onor about May 19, 2000, the Board issued an order reprimanding Respondent for filing false and/or fraudulent certificates of veterinary inspections with the ‘Tennessee Department of Agriculture in oraround January, 19943, On or about January 7, 2016, two clients brought a female American Pit Bull ‘Terrier about two (2) years old and weighing about sixty one (61) pounds to Respondent's clinic to be spayed. Respondent performed the spay surgery, which “went fine with no complications,” according to Respondent's records, Within ovo hours of having the surgery, the patient died. 5. On orabout January 8, 2016, one of the clients took the patient's remains to Murray State Breathlitt Veterinary Center in Hopkinsville, Kentucky, where a necropsy was performed, the results of which were that the patient died as a result of a post-surgical hemmorthage owing to Respondent's poor surgical technique. IIL, STIPULATED GROUNDS FOR DISCIPLINE Respondent admits that as a result of the facts stipulated above, Respondent has violated the Tennessee Veterinary Practice Act and the rules and regulations promulgated by the Board, specifically the following: 6 T.C.A. § 63-12-124(a) (11) Gross malpractice or a pattem of continued or repeated malpractice, ignorance, negligence or incompetence in the course of veterinary medical practice; (23) Professional incompetence; IV. POLICY STATEMENT. 7, The Tennessee Board of Veterinary Medical Examiners takes this action in order to protect the health, safety and welfare of the animal population and the citizens of the state of Tenessee.8. V. ORDER IT 1S THEREFORE ORDERED that, pursuant to T.C.A. § 63-12-106 and ‘TENN. Comp. R. & Recs. 1730-02-. 5, the veterinary license of Respondent Ronald £. Whitford, DVM is hereby placed on PROBATION on the following terms: (@) The probation of Respondent's license shall be for no less than one (1) year; and (b) Within one (1) year of the date this order is ratified, Respondent shall appear before the Board at a regularly scheduled meeting to answer any questions the Board may have concerning Respondent's surgical technique. (©) Within one (1) year of the date this order is ratified, Respondent shall obtain ten (10) continuing education hours in the subject of soft tissue surgery, with no fewer than five (5) of said hours being in-person, hands on and in an actual surgical setting. Said continuing education hours are in addition to any continuing, education hours that are required for Respondent to maintain licensure, In the event Respondent does comply with the terms above, the probation of Respondent’s license shall continue, The failure to comply with the terms above shall be a violation of this order and shall be additional grounds for discipline of Respondent's license, In addition, Respondent must pay, pursuant to T.C. . § 63-12-143 and TENN. Come. R. & Res. 1730-02-.15, the actuel and reasonable costs of prosecuting this ease to the extent allowed by law, including all costs assessed against the Board by the Depariment’s Office of Investigations for this matter. These costs shall established by an Assessment of Costs prepared and filed by counsel for the Department, The maximum amount for theassessment of costs shall be $1,000.00, All costs must be paid in full within 60 days from the issuance of the Assessment of Costs, and payment for all penalties and costs must be made by submitting a certified check, cashier's check, or money order payable to the State of Tennessee, which shall be mailed or delivered to: Disciplinary Coordinator Division of Health Related Boards ‘Tennessee Department of Health 665 Mainstream Drive Nashville, Tennessee 37243 11, A notation shall be placed on any check that it is payable for the civil penalties and/or costs of Ronald E, Whitford, DVM, Case No, 2016003391 ‘This CONSENT ORDER was approved by a majority of a quorum of the Board at a public meeting of the Board and signed this __/ St ___ day of Dre ember, 2016. President/Acting President 7 Tennessee Board of Veterinarf Medical ExaminersAPPROVED FOR ENTRY: Ronald i. Whitford, DV1 Respondent. 310 Franklin Street Clarksville, Tenness 931-552-0549. Assistant General Counsel Office of General Counsel Tennessee Department of Health 665 Mainstream Drive Nashville, Tennessee 37243 615-741-8218 eith.d hodges@tn.govCERTIFICATE OF SERVI ‘The undersigned hereby certifies that a true and correet copy of this document has been served Upon Respondent through counsel by email a timharvey@wiharveylaw.com. ) ‘This 24" day of August, 2016, Assistant General Counsel Law Office of Harvey & Silvus 310 Franklin Street Clarksville, TN 37040 931-552-0549