24
25
BEFORE THE ARIZONA VETERINARY MEDICAL EXAMINING BOARD ;
IN THE MATTER OF: Case No.: 20-82 NON-DISCIPLINARY CONSENT AGREEMENT FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER P
Michael Cook, D.V.M.
Holder of License No. 4800 For the practice of Veterinary Medicine in the State of Arizona,
eee ee eS eS SS
Respondent.
In the interest of a prompt and speedy settlement of the above captioned matter, consistent with the public interest, statutory requirements and the responsibilities of the Arizona State Veterinary Medical Examining Board (“Board”), and pursuant to A.R.S. §§ 32-2201 ef. seg., A.R.S. §32-2234(E), and A.R.S. § 41-1092.07 (F)(5), Michael Cook, D.V.M. (“Respondent”) and the Board enter into this Non-Disciplinary Consent Agreement, Findings of Fact, Conclusion of Law and Order (‘Consent Agreement") as a final disposition of this matter. |
RECITALS
Respondent understands and agrees that:
1. Any record prepared in this matter, all investigative materials prepared or received by the Board concerning the allegations, and all related materials and exhibits may be retained in the Board's file pertaining to this matter.
2. Respondent has the right to a formal administrative hearing at which Respondent can present evidence and cross examine the State’s witnesses.
Respondent agrees to the terms of the Non-Disciplinary Consent Agreement
20-28 Michael Cook, DVM
and issuance of the attached Order and hereby irrevocably waives his right to such formal hearing concerning these allegations and irrevocably waives his right to any rehearing or judicial review relating to the facts contained in this Non-Disciplinary Consent Agreement. Respondent further waives any and all claims or causes of action, whether known or Unknown, that Respondent may have against the State of Arizona, the Board, its members, offices, employees and/or agents arising out of this matter.
3. Respondent has the right to consult with an attorney prior to entering into this Non-Disciplinary Consent Agreement. Respondent understands the right to consult legal counsel prior to entering into this Non-Disciplinary Consent Agreement and such consultation has either been obtained or waived.
4, Respondent acknowledges and agrees that upon signing this Non- Disciplinary Consent Agreement and returning it to the Board's Executive Director, Respondent may not revoke his acceptance of this Non-Disciplinary Consent Agreement or make any modifications to it. Any modifications of this original document are ineffective and void unless mutually approved by the parties in writing.
5. The findings contained in the Findings of Fact portion of this Non- Disciplinary Consent Agreement are conclusive evidence of the facts stated herein and may be used for purposes of determining sanctions in any future disciplinary matter.
6. This Non-Disciplinary Consent Agreement is subject to the Board’s approval, and will be effective only when the Board accepts it. In the event the Board, in its discretion, does not approve this Non-Disciplinary Consent
Agreement, this Non-Disciplinary Consent Agreement is withdrawn and shall be
20-28 Michael Cook,’DVM
of no evidentiary value, nor shall it be relied upon or introduced in any disciplinary action by any party hereto, except that Respondent agrees that should the Board reject this Non-Disciplinary Consent Agreement and _ this matter proceeds to hearing, Respondent shall assert no claim that the Board was prejudiced by its review and discussion of this document or of any records relating thereto.
7. Respondent understands that once the Board approves and signs this Non-Disciplinary Consent Agreement, it is a public record that aay be publicly disseminated as a formal action of the Board.
8. If any part of the Non-Disciplinary Consent Agreement is later declared void or otherwise unenforceable, the remainder of the Order in its entirety shall remain in force and effect.
9. Respondent acknowledges that any violation of this Non-Disciplinary Consent Agreement constitutes unprofessional conduct pursuant to A.R.S. § 32-
2232 and may result in disciplinary action pursuant to A.R.S. § 32-2234.
2020. Ms
Michael Cook, D.V.M.
The Board issues the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT 1. The Board is the duly constituted authority for the regulation and
control of the practice of veterinary medicine in the State of Arizona.
20-28 Michael Cook, BVM
ae eo ‘ F '
.
N
2. Respondent holds license number 4800 for the practice of veterinary medicine in the State of Arizona.
3. On December 17, 2018 the Board granted Respondent's request for a Continuing Education waiver related to the need for additional time to complete continuing education required for license renewal by December 31, 2018 due to personal health issues. Resoondent was granted an extension to July 1, 2019 to complete the required continuing education. .
4. On August 12, 2019, Respondent contacted the Board's Executive Director to explain that he was not presently working as a veterinarian, did not expect to practice again; however, he wanted to keep his license active to care for his own pets and those of his immediate family. He stated he had not completed the required twenty (20) hours of continuing education due to continued health issues.
5. At the August 2019 Board meeting, the Board voted to extend the timeframe for Respondent to complete the twenty (20) hours of continuing education until December 31, 2019.
6. On August 23, 2019, Respondent contacted the Board’s Executive Director to provide a health status update. This information was reviewed by the Board in September 2019; no action was taken.
‘a On December 23, 2019, Respondent contacted the Board’s Executive Director outlining challenges to completing the continuing education due to medical treatments and health issues. He indicated he would like to keep his veterinary license; he is not providing veterinary services to the public.
8. On January 15, 2020, the Board agreed to extend the timeframe
for continuing education completion for one month, to February 15, 2020.
20-28 Michael Cook, DVM
24
25
2. Respondent was contacted by Board staff on February 5, 2020. He noted’ he had completed some, but not all of the required continuing education and that he was aware that an additional twenty (20) continuing education hours would be required for license renewal, due December 31, 2020. His correspondence noted that he would agree to restrictions on his veterinary license to limit his practice of veterinary medicine to his own animals.
10. On August 24, 2020, Respondent submitted proof of completion of fifteen (15) hours of Board-approved continuing education and was expecting
to soon complete the remaining required five (5) hours.
CONCLUSIONS OF LAW 11. The conduct and circumstances described in the Findings of Fact set
forth above does not constiiute a violation of the Veterinary Practice Act.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the parties agree to the provisions imposed as follows: ;
1. IT IS ORDERED THAT Respondent, holder of License No. 4800, is limited to providing veterinary medical services only to animals that he owns until he submits proof of completion of five (5) hours of Board-approved continuing education per A.A.C. R3-11-401 through R3-11-403 and it is approved by the Board’s Executive Director.
2. If Respondent has not complied by December 31, 2020 with
completing the continuing education requirements (remaining five (5) hours)
20-28 Michael Cook, DVM
*
i
N
Ww
>
en)
ron)
~I
ee)
oO
10
that were originally due December 31, 2018, he will not attempt to renew his
license when it expires December 31, 2020.
VIOLATION OF TERMS 3. If Respondent is noncompliant with this Order in any respect, the Board
may take any appropriate disciplinary action, after notice and an opportunity
ef
to be heard, authorized by law.
ISSUED THIS/™ DAY OF Seertonds-2020. FOR THE BOARD: ARIZONA STATE VETERINARY MEDICAL EXAMINING BOARD
JIM LOUGHEAD, CHAIR
By wa FL Victoria Whitmore, Executive Director
Original, of the ‘Gisasina filed This_ [7 _ day of Seefem%2020 with:
Arizona State Veterinary Medical Examining Board 1740 W. Adams Street, Suite 4600 Phoenix, AZ 85007
Copy of ihe foregoing mailed by Certified, return receipt mail
This (9 day of Sze#emse.. 2020 to:
Michael Cook, DVM Adaress on file Respondent
By: Board Staff
20-28 Michael! Cook, DVM