Senator blocking
bill to regulate veterinarians Measure
would open disciplinary process to public By JOHN MONK News Columnist
A state senator filibustered Tuesday, trying to derail a bill
that supporters say would protect pets and pet owners from
incompetent veterinarians.
Sen. Danny Verdin, R-Laurens, said the bill would result in
harassment of vets and subject them to unfair regulations.
“I find it (the bill) intolerable,” said Verdin, who told
senators he has a lifelong familiarity with veterinarians because
his father is a vet.
Verdin specifically objected to a provision that would open up
the now-secretive disciplinary process, which critics say allows bad
vets to keep harming pets. “For us to build a bill that is built
upon lack of trust ... I take offense to that.”
Others say increased public scrutiny is needed. Vet disciplinary
proceedings now are secret; citizens who make valid complaints are
not allowed to attend the trial-like hearings at which a vet’s guilt
or innocence is determined.
“The more the public can see of the process, the better they can
understand it,” said veterinarian Dr. Claude Schumpert, a Richland
County vet who chairs the S.C. Board of Veterinary Examiners and
oversees disciplinary proceedings. He favors the bill.
If the bill passes, the disciplinary system for veterinarians
would be as open as that of S.C. lawyers.
In the S.C. legal world, if an investigation determines that a
citizen’s complaint against a lawyer is serious and has merit, the
attorney is given 30 days to respond. Then the complaint and
response are made public and a public hearing is held, said S.C. Bar
executive director Robert Wells.
Under the current law, however, veterinarians enjoy a cloak of
secrecy. All their disciplinary hearings are secret, even those
involving vets with a history of killing and mutilating many
pets.
“This secrecy allows bad vets to continue negligent practices
because it prevents the public from finding out which veterinarians
have valid complaint histories,” said Marcia Rosenberg, a Mount
Pleasant homemaker.
Three years ago, Rosenberg’s pet kitten, “Pumpkin,” was injured
in a botched operation by Charleston-area vet Dr. Stanley Gorlitsky.
When Rosenberg investigated, she learned Gorlitsky had a history of
bungling operations. Some of the complaints against Gorlitsky had
been kept secret by the S.C. Board of Veterinary Examiners.
“We are talking about only one percent or less of all licensed
veterinarians,” said Rosenberg. “This bill only targets that very
small minority of vets who have something to fear.”
In 2002, the Board of Veterinary Examiners barred Rosenberg from
the hearing at which it took disciplinary action against Gorlitsky
for botching operations. (The board suspended Gorlitsky’s license
for a year.)
Since then, Rosenberg has worked with veterinarian groups on the
bill now before the Senate.
The bill Verdin is trying to kill is backed by the S.C.
Association of Veterinarians, the S.C. Board of Veterinary Examiners
and Rep. Tom Dantzler, R-Berkeley, the only veterinarian in the
General Assembly.
“I totally support this,” said Dantzler, adding that secrecy
“looks bad for my profession.”
Dantzler stressed only valid complaints against vets would be
made public. Any complaint made would have to go through a
three-step process before being made public, he said:
• An initial investigation by a
trained investigator
• A review by a special panel of
veterinarians, a vet nurse and a consumer representative
• A finding by the eight-member
board, seven of whom are veterinarians, that the complaint has
merit
Schumpert said the public has a right to know what is happening
with a serious complaint.
More openness also will teach the public how complex veterinary
work can be, he said. “I really think it would do a lot to help
people understand that there is more than one side to a
complaint.”
In his Senate speech, Verdin criticized the proposed special
panel that would help determine whether a complaint is valid. He
said the special panel represented a “whole new body” of
regulation.
The public is best served by keeping complaints secret, Verdin
said. “The best way to protect the public is to protect the
profession.”
Verdin said public airing of complaints could cause pet owners to
leave one vet’s practice and flock to another. He also said airing
complaints may cause vets to take expensive, unnecessary steps.
“The more that you tilt the regulatory playing field against the
conscientious practitioner, the more he’s going to be forced ... to
cover his costs and fees that he charges your constituents. We are
talking about an escalation of the cost of doing business.”
Verdin said he wasn’t against most other reforms in the bill.
These reforms include requiring newly graduated veterinarians to
spend 60 days with an experienced vet before starting their own
practice. There is no “intern” requirement now.
The bill already has passed the House and Senate once. A
technicality has put it before the Senate a second time. If the
Senate approves it within the next two days, it will go to Gov. Mark
Sanford.
But Verdin’s filibuster could kill the bill.
Rosenberg said, “The only ones to fear it are the bad vets.”
Dantzler said openness and higher standards shouldn’t be
fought.
“This will make our profession stronger and better. It brings our
practice into the modern
age.” |