Cancer Survivor Claims Veterinarian On Probation Is Responsible For The Death of Emotional Support Animal

1 XAVIER BECERRA
Attorney General of California

2 MARC D. GREENBAUM
Supervising Deputy Attorney General
3 MORGAN MALEK
Deputy Attorney General
4 State Bar No. 223382
300 So. Spring Street, Suite 1702
5 Los Angeles, CA 90013
Telephone: (213) 269-6278
6 Facsimile: (213) 897-2804
Attorneys for Complainant
7
8 BEFORE THE
VETERINARY MEDICAL BOARD
9 DEPARTMENT OF CONSUMER AFFAIRS
10 STATE OF CALIFORNIA
11
12
13 In the Matter of the Accusation and Petition to Case No. AV 4602017000760

Revoke Probation Against:
14 ACCUSATION AND PETITION TO
MUKAND S. SANDHU REVOKE PROBATION
15 11300 Birchhaven Ave.
Bakersfield, CA 93312
16 Veterinarian License No. VET 11634,
17 and
18 MUKAND S. SANDHU, 4 PAWS PET

HOSPITAL & PET SUPPLY STORE
19 4201 Mexicali Drive
Bakersfield, CA 93313
20 Premises License No. HSP 5448
21 Respondents.
22
23
24 Complainant alleges:
25 PARTIES
26 1. Jessica Sieferman (Complainant) brings this Accusation and Petition to Revoke
27 Probation solely in her official capacity as the Executive Officer of the Veterinary Medical Board,
28 Department of Consumer Affairs.

1
(MUKAND S. SANDHU and MUKAND S. SANDHU, 4 PAWS PET HOSPITAL & PET SUPPLY STORE)
ACCUSATION AND PETITION TO REVOKE PROBATION
1 2. On or about August 17, 1992, the Veterinary Medical Board (Board) issued
2 Veterinarian License Number VET 11634 to Mukand S. Sandhu (Respondent Sandhu). The
3 Veterinarian License was in full force and effect at all times relevant to the charges brought
4 herein and will expire on November 30, 2019, unless renewed.
5 3. On or about April 1, 2000, the Board issued Premises License Number HSP 5448 to
6 Mukand S. Sandhu, 4 Paws Pet Hospital & Pet Supply Store (Respondent 4 Paws). The Premises
7 License was in full force and effect at all times relevant to the charges brought herein and will
8 expire on May 31, 2019, unless renewed.
9 4. In a disciplinary action entitled "In the Matter of the Accusation Against Mukand S.
10 Sandhu, DVM, et al,." Case No. AV 4602017000760, the Board issued a Decision and Order
11 effective December 2, 2016, in which Respondents Licenses (Veterinarian License No. VET
12 11634 and Veterinary Premises License No. HSP 5448, issued to Respondent Sandhu, were
13 revoked. However, the revocation was stayed and Respondent's Veterinarian License was placed
14 on probation for four (4) years with certain terms and conditions. A copy of that Decision and
15 Order is attached as Exhibit A and is incorporated by reference.
16 JURISDICTION, STATUTORY AND REGULATORY PROVISIONS FOR
17 THE ACCUSATION
18 5. This Accusation and Petition to Revoke Probation is brought before the Board,
19 Department of Consumer Affairs, under the authority of the following laws. All section
20 references are to the Business and Professions Code ("Code") unless otherwise indicated.
21 6. Section 118(b) of the Code provides, in pertinent part, that the expiration of a license
22 shall not deprive a board of jurisdiction to proceed with a disciplinary action during the period
23 within which the license may be renewed, restored, reissued or reinstated. Under Business and
24 Professions Code section 4843.5, the Board may renew an expired license at any time within five
25 years after the expiration.
26 7. Section 4855 of the Code provides, in pertinent part, that a veterinarian subject to the
27 provisions of this chapter shall, as required by regulation of the board, keep a written record of all
28 animals receiving veterinary services, and provide a summary of that record to the owner of
2
1 animals receiving veterinary services, when requested. The minimum amount of information
2 which shall be included in written records and summaries shall be established by the board. The
3 minimum duration of time for which a licensed premise shall retain the written record or a
4 complete copy of the written record shall be determined by the board.
5 8. Section 4875 of the Code provides, in pertinent part, that the Veterinary Medical
6 Board may revoke or suspend the license of any person to practice veterinary medicine, or any
7 branch thereof, in this state for any causes provided in the Veterinary Medicine Practice Act (Bus.
8 & Prof. Code, section 4800, et seq.). In addition, the Board has the authority to assess a fine not
9 in excess of $5,000 against a licensee for any of the causes specified in section 4883 of that code.
10 Such fine may be assessed in lieu of, or in addition to, a suspension or revocation.
11 9. Section 4883 of the Code states, in pertinent part:
12 'The board may deny, revoke, or suspend a license or assess a fine as provided in Section
13 4875 for any of the following:
14 …
15 (g) Unprofessional conduct…
16 10 California Code of Regulations, title 16, section 2032, states:
17 “The delivery of veterinary care shall be provided in a competent and humane manner. All
18 aspects of veterinary medicine shall be performed in a manner consistent with current veterinary
19 medical practice in this state.”
20 11. California Code of Regulations, title 16, section 2032.3, states:
21 “(a) Every veterinarian performing any act requiring a license pursuant to the provisions of
Chapter 11, Division 2, of the code, upon any animal or group of animals shall prepare a legible,
22
written or computer generated record concerning the animal or animals which shall contain the
23 following information:
(1) Name or initials of the person responsible for entries.
24 (2) Name, address and phone number of the client.
(3) Name or identity of the animal, herd or flock.
25 (4) Except for herds or flocks, age, sex, breed, species, and color of the animal.
26 (5) Dates (beginning and ending) of custody of the animal, if applicable.
(6) A history or pertinent information as it pertains to each animal, herd, or flock's
27 medical status.
(7) Data, including that obtained by instrumentation, from the physical examination.
28 (8) Treatment and intended treatment plan, including medications, dosages, route of
3
administration, and frequency of use.
1 (9) Records for surgical procedures shall include a description of the procedure, the
name of the surgeon, the type of sedative/anesthetic agents used, their route of
2
administration, and their strength if available in more than one strength.
3 (10) Diagnosis or assessment prior to performing a treatment or procedure.
(11) If relevant, a prognosis of the animal's condition.
4 (12) All medications and treatments prescribed and dispensed, including strength,
dosage, route of administration, quantity, and frequency of use.
5 (13) Daily progress, if relevant, and disposition of the case.
6 (b) Records shall be maintained for a minimum of three (3) years after the animal's last
visit. A summary of an animal's medical records shall be made available to the client within five
7 (5) days or sooner, depending if the animal is in critical condition, upon his or her request. The
summary shall include:
8 (1) Name and address of client and animal.
(2) Age, sex, breed, species, and color of the animal.
9 (3) A history or pertinent information as it pertains to each animal's medical status.
10 (4) Data, including that obtained by instrumentation, from the physical examination.
(5) Treatment and intended treatment plan, including medications, their dosage and
11 frequency of use.
(6) All medications and treatments prescribed and dispensed, including strength,
12 dosage, route of administration, quantity, and frequency of use.
(7) Daily progress, if relevant, and disposition of the case.
13 (c) (1) Radiographs and digital images are the property of the veterinary facility that
14 originally ordered them to be prepared. Radiographs or digital images shall be released to another
veterinarian upon the request of another veterinarian who has the authorization of the client.
15 Radiographs shall be returned to the veterinary facility which originally ordered them to be
prepared within a reasonable time upon request. Radiographs originating at an emergency
16 hospital shall become the property of the next attending veterinary facility upon receipt of said
radiograph(s). Transfer of radiographs shall be documented in the medical record.
17
(2) Radiographs and digital images, except for intraoral radiographs, shall have a
18 permanent identification legibly exposed in the radiograph or attached to the digital file, which
shall include the following:
19 (A) The hospital or clinic name and/or the veterinarian's name,
(B) Client identification,
20 (C) Patient identification, and
(D) The date the radiograph was taken.
21
(3) Non-digital intraoral radiographs shall be inserted into sleeve containers and
22 include information in subdivision (c)(2)(A)-(D). Digital images shall have
identification criteria listed in subdivision (c)(2)(A)-(D) attached to the digital file.
23 (d) Laboratory data is the property of the veterinary facility which originally ordered it to
be prepared, and a copy shall be released upon the request of the client.
24 (e) The client shall be provided with a legible copy of the medical record when the patient
is released following emergency clinic service. The minimum information included in the medical
25
record shall consist of the following:
26 (1) Physical examination findings
(2) Dosages and time of administration of medications
27 (3) Copies of diagnostic data or procedures
(4) All radiographs and digital images, for which the facility shall obtain a signed
28
4
release when transferred
1 (5) Surgical summary
(6) Tentative diagnosis and prognosis, if known
2
(7) Any follow-up instructions.”
3 12. California Code of Regulations, title 16, section 2032.4, states:
4 “(a) General anesthesia is a condition caused by the administration of a drug or combination
of drugs sufficient to produce a state of unconsciousness or dissociation and blocked response to a
5 given pain or alarming stimulus.
(b) When administering general anesthesia, a veterinarian shall comply with the following
6 standards:
7 (1) Within twelve (12) hours prior to the administration of a general anesthetic, the
animal patient shall be given a physical examination by a licensed veterinarian
8 appropriate for the procedure. The results of the physical examination shall be
documented in the animal patient's medical records.
9 (2) An animal under general anesthesia shall be observed for a length of time
appropriate for its safe recovery.
10 (3) Provide respiratory monitoring including, but not limited to, observation of the
11 animal's chest movements, observation of the rebreathing bag or respirometer.
(4) Provide cardiac monitoring including, but not limited to, the use of a stethoscope,
12 pulseoximeter or electrocardiographic monitor.
(5) When administering general anesthesia in a hospital setting, a veterinarian shall
13 have resuscitation or rebreathing bags of appropriate volumes for the animal patient
and an assortment of endotracheal tubes readily available.
14 (6) Records for procedures involving general anesthesia shall include a description of
15 the procedure, the name of the surgeon, the type of sedative and/or anesthetic agents
used, their route of administration, and their strength if available in more than one
16 strength.”
17 13. Section 125.3 of the Code provides, in pertinent part, that the Board may request
18 the administrative law judge to direct a licentiate found to have committed a violation or
19 violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation
20 and enforcement of the case, with failure of the licentiate to comply subjecting the license to not
21 being renewed or reinstated. If a case settles, recovery of investigation and enforcement costs
22 may be included in a stipulated settlement.
23 STATEMENT OF FACTS-DOG NISSY
24 14. On or about March 9, 2017, R.F. presented her dog “Nissy , a 3 1/2-year-old intact
25 female terrier mix to Respondent 4 Paws for an ovariohysterectomy1 (spay). R.F. brought Nissy
26 home after being spayed, however, Nissy was shaking, panting, and not eating or drinking. R.F.
27 contacted Respondent 4 Paws to inquire about Nissy’s condition, however, she was informed that
28 1
Surgical removal of the ovaries and the uterus.
5
1 all was normal. The following day, on March 10, 2017, R.F. returned with Nissy because she was
2 concerned something was wrong. Nissy’s examination lasted less than 5 minutes and R.F. was
3 told that Respondent Sandhu saw Nissy shaking, however, R.F. was assured that Nissy was fine.
4 On March 11, 2017, Nissy was brought to an emergency clinic, Kern Animal Emergency, for
5 lethargy, pain and vomiting. Additional testing revealed that Nissy was suffering from septic
6 peritonitis. On March 12, 207, Nissy was euthanized.
7 15. On March 27, 2017, R.F. requested from the 4 Paws Pet Hospital, via electronic mail,
8 for a copy of her records. On March 30, 2017, the request was responded with the comment they
9 do not respond by electronic mail, however, R.F. can pick them up. The electronic mail chain
10 communication reveals that R.F. was informed that Respondent would be out of the office and
11 would not be able to release the records until he returned on April 6, 2017, during normal
12 business hours. However, it was later discovered that Respondent was placed on probation and
13 his license was suspended from practice until April 6, 2017. On May 26, 2017, Nissy’s records
14 were not yet sent to R.F.
15 FIRST CAUSE FOR DISCIPLINE
16 (Record Keeping)
17 16. Respondents are subject to disciplinary action under section 4855 of the Code and
18 section 2032.3 of Title 16, California Code of Regulations, in that Respondents failed to record
19 the following:
20 a. Nissy’s weight;
21 b. The actual dose of Torbugesic2 and Ampicillin3;
22 c. Metacam4 and its dosage and concentration. The label on the medication provides
23 1 ml by mouth twice a day, however, the concentration is not specified, therefore, it is impossible
24 to determine how much Metacam was administered. Further, Metacam is usually administered
25 2
Torbugesic Injection is a centrally acting analgesic and may be used for the relief of
moderate to severe pain in the horse.
26 3
Ampicillin is an antibiotic used to prevent and treat a number of bacterial infections,
such as respiratory tract infections, urinary tract infections, meningitis, salmonellosis, and
27 endocarditis.
4
Metacam (meloxicam) is a non-steroidal anti-inflammatory (NSAID) medication used to
28 treat pain, stiffness, and inflammation in dogs.
6
1 once a day. Without an actual concentration, it cannot be determined if Metacam was being
2 administered correctly. It should be further noted that it should be administered with food and to
3 monitor for gastro-intestinal upsell; and
4 d. Communications between Respondent 4 Paws staff and R.F. After Nissy was
5 discharged, R.F. contacted Respondent 4 Paws twice, being concerned of Nissy’s shaking,
6 panting and refusal to eat or drink. Respondent 4 Paws staff told R.F. that Nissy was normal
7 without examining Nissy. R.F., being concerned about Nissy, made an appointment for the
8 following day. However, there is no mention of said communication in Nissy’s chart record.
9 17. Complainant refers to and by this reference incorporates the allegations set forth
10 above in paragraph 15 as though set forth fully.
11 SECOND CAUSE FOR DISCIPLINE
12 (Anesthesia)
14 section 2032.4 of Title 16, California Code of Regulations, in that Respondents failed to record
15 the anesthesia records and anesthesia recovery record. An animal under anesthesia shall be
16 observed for a length appropriate for its safe recovery. During this observation, the veterinarian
17 must: (1) provide respiratory monitoring, including but not limited to, observation of the animal
18 chest movements, observation of rebreathing bag or respirometer; (2) provide cardiac monitoring,
19 including but not limited to, the use of stethoscope, pulse oximeter5 or electrocardiographic
20 monitor6. The surgery report states only that PO2 stayed between 93-98. However, this does not
21 demonstrate respiratory monitoring or cardiac monitoring. This is simply is a statement of fact,
22 however, it is not a substitute for an anesthesia monitoring. Further, an animal under anesthesia
23 shall be observed for a length appropriate for its safe recovery. The same rules for anesthesia are
24
25 5
A pulse oximeter is a medical device that indirectly monitors the oxygen saturation of a
patient's blood (as opposed to measuring oxygen saturation directly through a blood sample) and
26 changes in blood volume in the skin, producing a photoplethysmogram.
6
he isoelectric line of the ECG is the baseline determined by the TP segment, the region
27 between the end of the T wave (ventricular repolarization or electrical inactivation) and the next P
wave (atrial depolarization or electrical activation). It represents the time when the heart muscle
28 cells are electrically silent.
7
1 applicable to the recovery period. The record states “PO2 monitor disconnected, recovery
2 monitored, woke up normal”, however, this is unsatisfactory record of monitoring.
4 above in paragraphs 14 through 15 as though set forth fully.
5 THIRD CAUSE FOR DISCIPLINE
6 (Minimal Standard of Care)
7 20. Respondents are subject to disciplinary action under section 2032 of Title 16,
8 California Code of Regulations, in that Respondents failed to comply with the minimum standard
9 of practice by failing to send discharge notes/instructions after Nissy’s surgery. After the surgery,
10 an owner of a dog needs to be informed of potential post operation complications and care,
11 including but not limited to, the following:
12 a. Time to start feeding the dog and how much to feed the dog;
13 b. The amount of activities authorized and the timing of said activities;
14 c. Monitoring the incision site for signs of inflammation/infection;
15 d. The length of time the dog needs to wear an e-collar; and
16 e. Applying cool compress to the incision site.
17 21. R.F. was not provided with the above referenced instructions.
20 FOURTH CAUSE FOR DISCIPLINE
21 (Record Keeping)
23 section 2032.3(b) of Title 16, California Code of Regulations, in that Respondents failed to
24 provide Nissy’s records/summary within 5 days (or sooner) to R.F. upon R.F.’s request made on
25 March 27, 2017.
28
8
1 JURISDICTION FOR PETITION TO REVOKE PROBATION
2 25. Respondent Mukand S. Sandhu, DVM is hereinafter referred as "Respondent" as both
3 an individual licensee (Veterinarian License No. VET 11634) and as managing licensee and
4 authorized representative of 4 Paws Pet Hospital & Pet Supply Store (Veterinary Premises
5 License No. HSP 5448).
6 26. This Petition to Revoke Probation is brought before the Board under the authority of
7 the Board’s Decision and Order In the Matter of the Accusation Against: Mukand S. Sandhu,
8 DVM, and 4 Paws Pet Hospital & Pet Supply Store, Case No. AV 2015 43.
9 27. Condition 12 of the Decision and Order In the Matter of the Accusation Against:
10 Mukand S. Sandhu, DVM, and 4 Paws Pet Hospital & Pet Supply Store, Case No. AV 2015 43,
11 entitled “Violation of Probation” provides:
12 “If Respondent violates probation in any respect, the Board, after giving Respondent notice
13 and the opportunity to be heard, may revoke probation and carry out the disciplinary order that
14 was stayed. If an accusation or petition to revoke probation is filed against Respondent during
15 probation, or if the Attorney General's office has been requested to prepare any disciplinary
16 action against Respondent's license, the Board shall have continuing jurisdiction until the matter
17 is final, and the period of probation shall be extended until the matter is final.
18 28. Grounds exist to revoke Respondent’s probation under the authority of Condition 8 of
19 the Decision and Order Mukand S. Sandhu, DVM, and 4 Paws Pet Hospital & Pet Supply Store,
20 Case No. AV 2015 43. on 3/20/2017, Respondent Sandhu signed an Acknowledgement of
21 Decision, where it states he "must comply with the terms and conditions of probation in order to
22 continue to practice your profession in the State of California." Respondent Sandhu signed that he
23 received, reviewed, and understood the Decision and Order, including all terms and conditions of
24 probation. Further, On or about March 22, 2017, Respondent Sandhu signed under penalty of
25 perjury that he understood what was required of him to successfully complete probation.
26 Respondent Sandhu failed to comply with the terms and conditions of his probation, as more
27 particularly set forth below.
28
9
1 FIRST CAUSE TO REVOKE PROBATION
2 (Failure to Submit Quarterly Reports)
3 29. At all times during probation, Respondent was subject to the following conditions:
4 “(5) QUARTERLY REPORTS AND INTERVIEWS. Respondent shall report
5 quarterly to the Board or its designee, under penalty of perjury, on forms provided by the Board,
6 stating whether there has been compliance with all terms and conditions of probation. In addition,
7 the Board at its discretion may request additional in-person reports of the probationary terms and
8 conditions. If the final written quarterly report is not made as directed, the period of probation
9 shall be extended until such time as the final report is received by the Board. Respondent shall
10 make available all patient records, hospital records, books, logs, and other documents to the
11 Board, upon request.”
12 30. Respondent’s probation is subject to revocation, because Respondent failed to timely
13 submit the quarterly reports and interviews. The last quarterly report received by the Board was
14 on April 10, 2017. Respondent’s second quarterly report was due on July 5, 2017, however, it
15 was not received. The Board’s Probation Monitor reminded Respondent that his next Quarterly
16 Report was due on October 5, 2017, be received timely. However, Respondent’s next Quarterly
17 Report was postmarked on October 12, 2017 and received by the Board on October 16, 2017.
18 Complainant refers to, and by this reference incorporates, the allegations set forth above in
19 paragraphs 25-28, inclusive as though set forth fully.
20 SECOND CAUSE TO REVOKE PROBATION
21 (Failure to Cooperate with Probation Surveillance)
23 “(6). COOPERATION WITH PROBATION SURVEILLANCE. Respondent
24 shall comply with the Board's probation surveillance program. All costs for probation monitoring
25 and/or mandatory premises inspections shall be borne by Respondent. Probation monitoring costs
26 are set at a rate of $100 per month for the duration of the probation. Respondent shall notify the
27 Board of any change of name or address or address of record within thirty (30) days of the
28 change. Respondent shall notify the Board immediately in writing if Respondent leaves California
10
1 to reside or practice in another state. Respondent shall notify the Board immediately upon return
2 to California.”
3 32. Respondent’s probation is subject to revocation, because Respondent was required
4 to pay $100 per month for probation monitoring costs. However, Respondent had not paid the
5 costs for April, May, June, and July 2017. Respondent was further instructed to pay $400 on
6 receipt of the Board’s non-compliance letter. In Board’s Probation Monitor’s letter dared July 26,
7 2017, Respondent was advised of his payments and instructed to pay the $400. Respondent paid
8 the Board $278 and provided a handwritten note that he was waiting on insurance. The Board
9 Monitor advised Respondent that it was unacceptable. Respondent was advised to pay the $122
10 that was outstanding. As of November 16, 2017, Respondent failed to pay any additional
11 payments. Complainant refers to, and by this reference incorporates, the allegations set forth
12 above in paragraphs 25-28, inclusive as though set forth fully.
13 THIRD CAUSE TO REVOKE PROBATION
14 (Failure to Submit Notice to Employers)
16 “(8). NOTICE TO EMPLOYERS. Respondent shall notify all present and
17 prospective employers of the decision in this case and the terms, conditions, and restrictions
18 imposed on Respondent by the decision in this case. Within thirty (30) days of the effective date
19 of this decision and within fifteen (15) days of Respondent undertaking new employment,
20 Respondent shall cause his or her employer to report to the Board in writing, acknowledging the
21 employer has read the Accusation and decision in this case and understands Respondent's terms
22 and conditions of probation. Relief veterinarians shall notify employers immediately.”
24 to submit to the Board written notification that his employer, if applicable, has read and
25 understood the terms and conditions imposed on him. Board’s probation monitor provided
26 Respondent with a form to use for this condition. As of November 16, 2017, the Board did not
27 receive any notice from the Respondent. Complainant refers to, and by this reference
28
11
1 incorporates, the allegations set forth above in paragraphs 25-28, inclusive as though set forth
2 fully.
3 FOURTH CAUSE TO REVOKE PROBATION
4 (Failure to Submit Notice to Employees)
6 “(9). NOTICE TO EMPLOYEES. Respondent shall, upon or before the effective
7 date of this decision, post or circulate a notice which actually recites the offenses for which
8 Respondent has been disciplined and the terms and conditions of probation, to all veterinary
9 employees, and to any preceptor, intern or extern involved in his or her veterinary practice.
10 Within fifteen (15) days of the effective date of this decision, Respondent shall cause his/her
11 employees to report to the Board in writing, acknowledging the employees have read the
12 Accusation and decision in the case and understand Respondent's terms and conditions of
13 probation.”
15 to post or circulate a notice to employees, which recites the offenses for which he was disciplined
16 and the terms and conditions of probation to all veterinary employees, and to any preceptor, intern
17 or extern involved in his veterinary practice. The Board Probation Monitor provided Respondent
18 with a form to use for this condition. As of November 16, 2017, the Board has not received any
19 notice. Complainant refers to, and by this reference incorporates, the allegations set forth above
20 in paragraphs 25-28, inclusive as though set forth fully.
21 FIFTH CAUSE TO REVOKE PROBATION
22 (Failure to Submit to Pay for Cost Recovery and Fine Payments)
24 “(14). COST RECOVERY AND PAYMENT OF FINES. Pursuant to Section
25 125.3 of the California Business and Professions Code, within thirty (30) days of the effective
26 date of this decision, Respondent shall pay to the Board its enforcement costs including
27 investigation and hearing, in the amount of $6,680.00 or the Respondent shall make these
28 payments as follows: An initial payment of $147.00 due within thirty (30) days of the effective
12
1 date of this decision, then equal monthly payments of $139.00 for the next 47 (forty seven)
2 months of probation.”
4 to reimburse the Board $6,680 for its enforcement and investigation costs by April 23, 2017 or
5 establish a payment plan. A payment plan was established at $147.00 for the first month and then
6 $139 for the next 47 months. However, no payments had been received by the Board as of July
7 26, 2017. Respondent paid $147.00 on August 14, 2017, however, no other payments have been
8 made as of November 16, 2017. Complainant refers to, and by this reference incorporates, the
9 allegations set forth above in paragraphs 25-28, inclusive as though set forth fully.
10 SIXTH CAUSE TO REVOKE PROBATION
11 (Failure to Comply with the Supervised Practice Requirement)
13 “(16) SUPERVISED PRACTICE. Respondent shall practice only under the
14 supervision of a veterinarian approved by the Board. The supervisor shall review a minimum of
15 twenty-five percent (25 %) of Respondent’s caseload records on a random basis a minimum of
16 twice monthly for a minimum of two (2) years. At the end of the first two years of probation and
17 upon recommended by the supervisor, this condition will be evaluated and may be discontinued
18 subject to approval by the Board, or its designee. However, the Board reserves the discretion to
19 reinstate supervision during the remainder of the probationary period as deemed necessary. All
20 costs involved with practice supervision shall be borne by Respondent. Each supervisor shall
21 have been licensed in California for at lease five (5) years and not have ever been subject to any
22 disciplinary action by the Board. The supervisor shall be independent, with no prior business or
23 personal relationship with Respondent and the supervisor shall not be in a familial relationship
24 with or be an employee, partner, or associate of Respondent. Within thirty (30) days of the
25 effective date of the decision, Respondent shall have his supervisor submit a report to the Board
26 in writing stating the supervisor has read the decision in case number AV 2015 43. Should
27 Respondent change employment, Respondent shall have his new supervisor, within fifteen (15)
28 days after employment commences, submit a report to the Board in writing stating the supervisor
13
1 has read the decision in case number AV 2015 43. Respondent's supervisor shall, on a basis to be
2 determined by the Board, review and evaluate all or a designated portion of patient records of
3 those patients for whom Respondent provides treatment or consultation during the period of
4 supervised practice. The supervisor shall review these records to assess (1) the medical necessity
5 and appropriateness of Respondent's treatment; (2) Respondent's compliance with community
6 standards of practice in the diagnosis and treatment of animal patients; (3) Respondent's
7 maintenance of necessary and appropriate treatment; (4) Respondent's maintenance of necessary
8 and appropriate records and chart entries; and (5) Respondent's compliance with existing statutes
9 and regulations governing the practice of veterinary medicine. Respondent's supervisor shall file
10 monthly reports with the Board. These reports shall be in a form designated by the Board and
11 shall include a narrative section where the supervisor provides his or her conclusions and
12 opinions concerning the issues described above and the basis for his or her conclusions and
13 opinions. Additionally, the supervisor shall maintain and submit with his or her monthly reports a
14 log designating the patient charts reviewed, the date(s) of service reviewed, and the date upon
15 which the review occurred. If the supervisor terminates or is otherwise no longer available,
16 Respondent shall not practice until a new supervisor has been approved by the Board. If
17 respondent is an employee rather a veterinary hospital owner, the supervisor shall additionally
18 notify the Board of the dates and locations of all employment of respondent, during each month
19 covered by his/her report.”
20 40. Respondent’s probation is subject to revocation, because he failed to comply with the
21 Supervised Practice requirement. Two supervisors were approved by the Board, T.M.E. and S.K.,
22 monthly reports were to be sent to the Board. The Board only received one supervisor report from
23 T.M.E. for the month of April 2017, no other reports were received. On September 18, 2017, the
24 Board received a note from the Respondent indicating that Dr. T.M.E. was supervising until April
25 1, 2019 because Respondent believed the supervision will end. However, in order for the
26 supervision to be terminated, the Board had to evaluate and determine whether the supervision
27 could be discontinued. Respondent further stated that Dr. S.K. is not supervising. The Board
28 Monitor received supervision reports for May 2017 and June 2017 that were signed on
14
1 July 18, 2017. However, the July, August, and September 2017 reports were not received until
2 October 16, 2017. These reports are due monthly and Respondent indicated that he understood
3 this requirement. Complainant refers to, and by this reference incorporates, the allegations set
4 forth above in paragraphs 25-28, inclusive as though set forth fully.
5 SEVENTH CAUSE TO REVOKE PROBATION
6 (Failure to Comply with the Clinical Training Requirement)
8 “(20). CLINICAL TRAINING. Within sixty (60) days of the effective date of this
9 decision, Respondent shall submit an outline of an intensive clinical training program to the
10 Board for its prior approval. The exact number of hours and the specific content of the program
11 shall be determined by the Board or its designee. Respondent shall successfully complete the
12 training program and may be required to pass an examination related to the program's contents
13 administered by the Board or its designee. All costs shall be borne by Respondent.”
15 Clinical Training requirement. Respondent was instructed to submit an intensive clinical training
16 program to the Board for approval. He was advised of this requirement at the intake interview on
17 March 22, 2017. As of November 16, 2017, the Board has not received any clinical training
18 program from the Respondent. Complainant refers to, and by this reference incorporates, the
19 allegations set forth above in paragraphs 25-28, inclusive as though set forth fully.
20 EIGHTH CAUSE TO REVOKE PROBATION
21 (Failure to Comply with the Community Service Requirement)
23 “(22). COMMUNITY SERVICE. Within sixty (60) days of the effective date of
24 this decision, Respondent shall submit a community service program to the Board for its prior
25 approval. In this program Respondent shall provide free services on a regular basis to a
26 community or charitable facility or agency for at least twenty (20) hours during the first year of
27 probation. All services shall be subject to prior Board approval.”
28
15
2 Community Service requirement. By May 22, 2017, Respondent Sandhu was required to submit,
3 for the Board's approval, a community service program where he provided 20 hours of free
4 services during the first year of probation. Respondent submitted a document dated July 31, 2017
5 indicating that he had completed 20 hours of community service; however, this organization was
6 never previously approved by the Board. The Board Monitor sent Respondent paperwork for
7 approval with the August 30, 2017 letter, which was received on October 16, 2017 and approved
8 on October 26, 2017. Complainant refers to, and by this reference incorporates, the allegations
9 set forth above in paragraphs 25-28, inclusive as though set forth fully.
10 DISCIPLINARY CONSIDERATIONS
11 45. To determine the degree of discipline, if any, to be imposed on Respondents,
12 Complainant alleges:
13 A. Citation - March 2013
14 That on or about March 18, 2013 in a prior action, the Veterinary Medical Board issued
15 Citation Number 2422-C, SV 2012 779 in which Respondent Sandhu was cited for negligence in
16 care of an animal patient, and other violations as follows:
17 (1) Business and Professions Code, section 4883(i)-Negligence: Respondent
18 prescribed prednisone to his animal patient that was suspected of having a systemic fungal
19 disease.
20 (2) California Code of Regulations, section 2032.3(a)(6)-Record Keeping, in
21 conjunction with Business and Professions Code, section 4883(o)-Violation of Regulations:
22 Respondent failed to record a history or pertinent information on this animal in the medical
23 record.
24 (3) California Code of Regulations, section 2032.3(a)(8) – Record Keeping, in
25 conjunction with Business and Professions Code, section 4883(o)- Violation of
26 Regulations: Respondent failed to record treatment or intended treatment plan, including
27 medications, dosages and frequency of use in the medical record.
28
16
1 (4) California Code of Regulations, section 2032.3(a)(10)- Record Keeping, in
2 conjunction with Business and Professions Code, section 4883 (o)- Violation of
3 Regulations: Respondent failed to record a diagnosis or tentative diagnosis in the medical
4 record.
6 conjunction with Business and Professions Code, section 4883 (o)-Violation of
7 Regulations; Respondent failed to record a prognosis of the animal’s condition in the
8 medical record.
11 Respondent failed to record all medications and treatments prescribed and dispensed,
12 including their strength, dosage, quantity and frequency in the medical record.
13 Respondent was ordered to take such measures as are necessary to practice at an acceptable
14 standard of care, and to pay a civil penalty in the amount of $500.00. That Citation is now final
15 and is incorporated by reference as though fully set forth.
16 B. Citation - March 2013
17 Complainant alleges that on or about March 18, 2013 in a prior action, the Veterinary
18 Medical Board issued Citation Number 2423-C, SV 2013 26 in which Respondent Sandhu was
19 cited for negligence in care of an animal patient, and other violations as follows:
20 (1) Business and Professions Code, section 4883(i)-Negligence: Respondent failed
21 to properly evaluate the dog prior to performing a second surgery on June 25, 2012.
22 (2) Business and Professions Code, section 4857 (a)-Limits of disclosure:
23 Respondent disclosed client information without authorization.
24 (3) California Code of Regulations, section 2032.3(a)(9)- Record Keeping, in
25 conjunction with Business and Professions Code, section 4883(o)-Violation of
26 Regulations: Respondent failed to record the complete anesthetic drug dosages in the
27 medical record.
28
17
1 (4) California Code of Regulations, section 2032.3(a)(10) –Record Keeping, in
2 conjunction with Business and Professions Code, section 4883 (o)-Violation of
3 Regulations: Respondent failed to record a diagnosis or tentative diagnosis in the medical
4 record.
7 Respondent failed to record a prognosis of the animal’s condition in the medical record.
9 conjunction with Business and Professions Code, section 4883(o)-Violation of Regulations;
10 Respondent failed to record all medications and treatments prescribed and dispensed,
11 including their strength, dosage, quantity and frequency in the medical record.
12 Respondent was ordered to take such measures as are necessary to practice at an acceptable
13 standard of care, and to pay a civil penalty in the amount of $500.00. That Citation is now final
14 and is incorporated by reference as though fully set forth.
15 PRAYER
16 WHEREFORE, Complainant requests that a hearing be held on the matters alleged in this
17 Accusation and Petition to Revoke Probation, and that following the hearing, the Veterinary
18 Medical Board issue a decision:
19 1. Revoking the probation that was granted by the Veterinary Medical Board in Case
20 No. AV 4602017000760 and imposing the disciplinary order that was stayed thereby revoking
21 Veterinarian License No. VET 11634 issued to Mukand S. Sandhu;
22 2. Revoking or suspending Veterinarian License No. VET 11634, issued to Mukand S.
23 Sandhu;
24 3. Revoking the probation that was granted by the Veterinary Medical Board in Case
25 No. AV 4602017000760 and imposing the disciplinary order that was stayed thereby revoking
26 Premises License No. HSP 5448 issued to Mukand S. Sandhu, 4 Paws Pet Hospital & Pet Supply
27 Store;
28
18
1 4. Revoking or suspending Premises License No. HSP 5448, issued to Mukand S.
2 Sandhu, 4 Paws Pet Hospital & Pet Supply Store;
3 5. Ordering Mukand S. Sandhu and Mukand S. Sandhu, 4 Paws Pet Hospital & Pet
4 Supply Store to pay the Veterinary Medical Board the reasonable costs of the investigation and
5 enforcement of this case, pursuant to Business and Professions Code section 125.3;
6 6. Assessing a fine against Mukand S. Sandhu not in excess of $5,000 for any of the
7 causes specified in Business and Professions Code section 4883; and
8 7. Taking such other and further action as deemed necessary and proper.
9
10 January 11, 2019
DATED: _________________________
JESSICA SIEFERMAN
11 Executive Officer
Veterinary Medical Board
12 Department of Consumer Affairs
State of California
13 Complainant
14
LA2018500152
15 62937907
16
17
18
19
20
21
22
23
24
25
26
27
28
19
Exhibit A
Decision and Order
Veterinary Medical Board Case No. AV 4602017000760

Cancer Survivor Claims Veterinarian On Probation Is Responsible For The Death of Emotional Support Animal

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Cancer Survivor Claims Veterinarian On Probation Is Responsible For The Death of Emotional Support Animal

Загружено:

Авторское право:

Доступные форматы

1 XAVIER BECERRA

Attorney General of California

13 In the Matter of the Accusation and Petition to Case No. AV 4602017000760

18 MUKAND S. SANDHU, 4 PAWS PET

26 1. Jessica Sieferman (Complainant) brings this Accusation and Petition to Revoke

28 Department of Consumer Affairs.

4 herein and will expire on November 30, 2019, unless renewed.

8 expire on May 31, 2019, unless renewed.

15 Order is attached as Exhibit A and is incorporated by reference.

16 JURISDICTION, STATUTORY AND REGULATORY PROVISIONS FOR

25 years after the expiration.

4 complete copy of the written record shall be determined by the board.

11 9. Section 4883 of the Code states, in pertinent part:

13 4875 for any of the following:

15 (g) Unprofessional conduct…

16 10 California Code of Regulations, title 16, section 2032, states:

19 medical practice in this state.”

20 11. California Code of Regulations, title 16, section 2032.3, states:

22 may be included in a stipulated settlement.

23 STATEMENT OF FACTS-DOG NISSY

6 peritonitis. On March 12, 207, Nissy was euthanized.

14 were not yet sent to R.F.

15 FIRST CAUSE FOR DISCIPLINE

21 b. The actual dose of Torbugesic2 and Ampicillin3;

3 monitor for gastro-intestinal upsell; and

10 above in paragraph 15 as though set forth fully.

11 SECOND CAUSE FOR DISCIPLINE

21 demonstrate respiratory monitoring or cardiac monitoring. This is simply is a statement of fact,

2 monitored, woke up normal”, however, this is unsatisfactory record of monitoring.

4 above in paragraphs 14 through 15 as though set forth fully.

5 THIRD CAUSE FOR DISCIPLINE

6 (Minimal Standard of Care)

11 including but not limited to, the following:

13 b. The amount of activities authorized and the timing of said activities;

14 c. Monitoring the incision site for signs of inflammation/infection;

15 d. The length of time the dog needs to wear an e-collar; and

16 e. Applying cool compress to the incision site.

19 above in paragraphs 14 through 15 as though set forth fully.

20 FOURTH CAUSE FOR DISCIPLINE

25 March 27, 2017.

27 above in paragraphs 14 through 15 as though set forth fully.

2 25. Respondent Mukand S. Sandhu, DVM is hereinafter referred as "Respondent" as both

5 License No. HSP 5448).

11 entitled “Violation of Probation” provides:

20 Case No. AV 2015 43. on 3/20/2017, Respondent Sandhu signed an Acknowledgement of

27 particularly set forth below.

2 (Failure to Submit Quarterly Reports)

4 “(5) QUARTERLY REPORTS AND INTERVIEWS. Respondent shall report

11 Board, upon request.”

12 30. Respondent’s probation is subject to revocation, because Respondent failed to timely

19 paragraphs 25-28, inclusive as though set forth fully.

20 SECOND CAUSE TO REVOKE PROBATION

21 (Failure to Cooperate with Probation Surveillance)

23 “(6). COOPERATION WITH PROBATION SURVEILLANCE. Respondent

3 32. Respondent’s probation is subject to revocation, because Respondent was required

12 above in paragraphs 25-28, inclusive as though set forth fully.

13 THIRD CAUSE TO REVOKE PROBATION

14 (Failure to Submit Notice to Employers)

16 “(8). NOTICE TO EMPLOYERS. Respondent shall notify all present and

22 and conditions of probation. Relief veterinarians shall notify employers immediately.”

23 34. Respondent’s probation is subject to revocation, because Respondent was required

3 FOURTH CAUSE TO REVOKE PROBATION

4 (Failure to Submit Notice to Employees)