August 27, 2014 at 5:27 p.m.
Rhinelander veterinarians disciplined over licensing issue
In late July, the Wisconsin Veterinary Examining Board - which regulates the practice of veterinary medicine and is part of the state Department of Safety and Professional Services - reprimanded Dr. Alison French, co-owner of Rhinelander-based French's Homestead Veterinary Care Clinic. The board also issued an administrative injunction last week against Dr. Megan Jacobi, a former employee of French's.
The primary basis for the discipline: Jacobi practiced veterinary medicine without a license, and French aided that violation.
While Jacobi has the requisite education to be a veterinarian - she graduated from Ross University in May 2012 with a doctorate in veterinary medicine - she has repeatedly failed a licensing exam required to practice in Wisconsin.
After failing the licensing exam the first time, in 2012, Jacobi applied for and received a temporary permit to practice veterinary medicine under supervision. She then began working at the animal hospital.
(Jacobi was also employed at the hospital as a receptionist and animal assistant while an undergraduate student at the University of Wisconsin-Green Bay.)
Jacobi's temporary permit expired on Jan. 17, 2013, but her job as a veterinarian did not.
In a March 4, 2014, letter to the Department of Safety and Professional Services in response to its investigation, Jacobi contended that after learning she had again failed the licensing exam - also in Jan. 2013 - she contacted the state and was told her temporary permit could not be issued a second time. She said she then "discussed the matter" with French and her husband, Michael French, who also co-owns the animal hospital.
"My employers decided they wanted to keep me on as a doctor and, to my shame and against my better judgment, I agreed," Jacobi wrote in the letter.
But the Frenches assert they did not know Jacobi's temporary permit had expired in January 2013. They claim the first time they became aware was more than a year later, on Feb. 18, 2014, when a River News reporter called them for comment.
"As soon as I became aware of Dr. Jacobi not having a temporary license, I suspended her employment," Alison French wrote in a letter, which was also sent to the state.
Michael French affirmed that claim this week in an interview with The Lakeland Times, telling the newspaper that he and his wife called the examining board on Feb. 18 and were told Jacobi's license had expired.
"She was let go immediately after the phone call," he said.
Further, the Frenches say Jacobi made a misrepresentation - that she said she had secured another temporary permit.
"She told us that she had obtained another temporary license," Michael French said. "And since she had worked for us before she went to vet school, and worked for us after she graduated vet school, we assumed that we could trust her."
Despite the varying claims about who knew what when, Jacobi has admitted that she practiced veterinary medicine without a license.
"This allegation is, I believe, the only one in the complaint with merit," Jacobi wrote in her letter to state authorities. "I cannot recall the exact expiration date and thus defer to the license authority's records in that regard, but I acknowledge and admit that the material portion of the allegation is true; i.e., that, after such date, I did continued [sic] to practice veterinary medicine with an expired license."
(Even though Jacobi explicitly admitted to practicing without a license, the formal injunction says she neither admitted nor denied the allegations against her. She did, however, agree to the state's legal conclusion that her conduct constituted the unlicensed practice of veterinary medicine, which is prohibited by statute.)
Department records show Jacobi reached a settlement to resolve the state's investigation of her, whereby she agreed to an administrative injunction that expressly enjoins her from practicing veterinary medicine in Wisconsin and holding herself as someone authorized to practice veterinary medicine until she is properly licensed.
Should she be found to practice veterinary medicine again without a license, she could be fined $10,000 for each day of violation. Further, if the state believes there is probable cause that Jacobi violated the administrative injunction, she could be subject to criminal charges.
According to an email from a state lawyer who handled Jacobi's case, all the licensing board could do was issue an administrative injunction, as she technically has no license to discipline.
The state began investigating Alison French and Jacobi after receiving a complaint from the owner of a dog they treated. State authorities determined that in June 2013, while Jacobi was practicing without a license, she failed to properly diagnose a tumor on the dog, which had to be euthanized several months later.
Michael French questioned the state's finding, telling the newspaper that a different diagnosis might not have changed the outcome.
"If the canine would have had a tumor whether or not it was diagnosed properly or not, it probably would have ended up in the same result," Michael French said. "How it could be found a failure in diagnosing a tumor is beyond me."
In a statement to the newspaper, Alison French claimed the complaint was filed because of a dispute between her and the dog's owner over money.
The Lakeland Times has not been able to ascertain Jacobi's present employment status, but in March, she reported to the state that she was unemployed. The newspaper has also been unable to determine how many times she has taken the licensing exam. She told the state she suffers from severe test anxiety.
Alison French described Jacobi as "a very good veterinarian," and noted that the licensing exam covers animals that a veterinarian may never intend on treating.
As for French, the state licensing board found she engaged in unprofessional conduct by violating or aiding and abetting Jacobi's unlicensed veterinary practice. French too entered into a settlement, agreeing to a formal reprimand. She had to pay the costs of the enforcement action - $95 - which she has done, according to her husband.
A reporter contacted a family member of Jacobi to seek comment from her, and also attempted to contact her directly. The newspaper did not receive a response from Jacobi as of press time.
Disciplinary history
In 2008, the examining board reprimanded Alison French after she removed porcupine quills from an 8-year-old, 84-pound Alaskan Malamute.
According to department records, when the dog's owner arrived to pick up the dog, French expressed concern about releasing it. She agreed to the discharge, however, under the conditions that the dog be confined to a small area until it had completely recovered and was able to walk normally, and that the dog not be given food or water until the next day.
Around 5 p.m. the same day of the procedure, the dog's owner called French to report that the dog appeared to still be under the effects of anesthesia and that the dog's belly was becoming swollen. According to documents from that case, French advised the owner that the dog was "just experiencing the stages of anesthesia recovery and that the dog needed to remain calm with no food or water."
French told the owner that he could give the dog medicine to relieve the bloating, such as GasX, according to records.
At 11 p.m., the owner called French to report that his dog had died.
The state determined that French "failed to recognize the development of bloat or the possibility of complications from the anesthesia, and failed to advise the client that the dog needed to be immediately evaluated as the symptoms could be a potentially life threatening condition."
The state also found that the amount of sedative French administered was "excessive based upon the dog's weight."
As part of a settlement with the state, French was reprimanded, had to undergo 10 hours of continuing education training and was ordered to pay the costs of the proceeding - this time $845.
In her statement to The Lakeland Times, French claimed the dog's owner refused to travel to the hospital so the dog could be examined.
French said she has taken measures to prevent such incidents from occurring again. She said she no longer allows owners to take animals home if they are not yet fully awake from sedation. She said she also charts every phone conversation she has with everyone, and has owners sign numerous forms if pets are sedated. She also noted that the hospital's technicians are well versed in anesthesia and take continuing education courses at least once every other year.
At least one other employee at French's animal hospital has a disciplinary history.
Dr. Carey Johnson, who works out of the hospital's Eagle River office, was the subject of an investigation in the early 2000s, though the conduct at issue occurred before Johnson began working for French.
According to records of that case, Johnson was providing emergency treatment to a cat that was gagging, pawing at its throat and vomiting phlegm. The state found that Johnson might have overinflated a balloon cuff to the point of rupturing the cat's trachea, and that Johnson failed to recognize the balloon cuff was overinflated.
The cat developed pneumothorax and expired the next morning, records show.
Johnson cooperated with the state's investigation and later reached a settlement. She was required to complete seven hours of continuing education courses and pay the costs of the proceeding -- $550.
Michael French questioned the basis for including employees' disciplinary history in this story. He said his business has "done more good than bad," and he noted that hospital employees have volunteered and donated to animal shelters.
"Going after us particularly and looking up our employees for your benefit to throw more mud at us is just a crock," he said.
Other veterinarians
Online records reveal that at least two other veterinarians in Oneida and Vilas counties have been the subjects of recent professional disciplinary action, both resulting in settlements.
In 2010, the state reprimanded Rhinelander veterinarian Michael Graper for practicing with an expired license for nearly a year. He was ordered to pay $300 for the costs of the proceeding.
In 2011, the state reprimanded veterinarian Katie Hom for failing to maintain adequate patient medical records. She was required to complete continuing education courses and pay $900 for the costs of the proceeding.
Alison French has provided a full statement which, once thoroughly vetted, will be posted at www.rivernewsonline.com and www.lakelandtimes.com
Editor's note: This story is based almost entirely on records obtained from the Wisconsin Department of Safety and Professional Services, which regulates the practice of veterinary medicine, among other professions. The department maintains records on disciplinary actions against veterinarians, and those records are generally available to any person. The public can search disciplinary records of veterinarians and other licensed professionals by visiting dsps.wi.gov.
Jonathan Anderson may be reached at [email protected]
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