Kansas veterinary board takes actions against DVM licenses

WAMEGO, KAN. — About 2,400 veterinarians holding a Kansas license recently received a letter from the Kansas Board of Veterinary Examiners (KBVE) stating legal action will be taken against them if caught reselling ethical products in a manner that violates manufacturer directions.

"All of us hear rumors that these types of reselling activities may be occurring. We may have even ourselves received solicitations by mail or fax from retailers asking us to participate in diverting product to them," says KBVE President Dr. Jay Hedrick. "Veterinarians may not be aware that there are actual licensing board cases that have dealt with this issue."

The board has taken action against two veterinarians regarding Internet pharmacy sales; two cases are pending.

Members of the board stated they were providing a case excerpt in an effort to convey and serve notice of the board's position regarding such activities.

The board referred to Dr. Daniel Otto's case in the letter, referencing him as John Doe. At the time Otto was a sales manager for Professional Vet Products Ltd, an online veterinary pharmacy. The other 2004 case concluded under similar circumstances.

"I was let go from my position after my case became public," Otto says. "I feel like the board has a hidden agenda in these cases."

After receiving a complaint from another veterinarian, the board began an investigation that culminated in four counts allegedly in violation of the state's practice act including the diversion of flea products from manufacturer-directed veterinary channels. While the Environmental Protection Agency approves and regulates sale of flea products, they do not carry prescription status.

"I don't believe I am guilty," Otto says. "There is no Kansas law against what I did. The board had to look into AVMA bylaws and used Merck and Merial's marketing strategy to classify their products as ethical veterinary products."

KBVE sent out a letter to veterinarians that explained that their license to practice within the state is at risk if caught reselling products that violated the manufacturers' label," KBVE Director Dr. Dirk Hanson says. "The board highlighted excerpts from the petition against Otto that showed the first, second, third and fourth count to make them aware of license action consequences."

The board was prepared to hold a hearing in Otto's case, but report it compromised under terms that might have been considered more lenient than if a hearing took place. Otto opted not to contest the action.

The agreement included a $3,000 fine to be paid by Otto and a two-year suspended license. The suspension is stayed as long as Otto doesn't participate in similar activities. If he violates the agreement, the suspension goes in effect, the board reports.

"I have three children in college, and I need a job. I could not financially fight this any longer," Otto says. "The board can ask you anything they want, and no one controls them."

"By the two separate notifications that the KBVE has sent to all licensees, we feel we have attempted to make our position known and provided notice that the KBVE has held licensees accountable," Hedrick says.