Montana Veterinarians sanctioned with disciplinary action, 2012-2022, see 12/1/22 post for list

To Whom It May Concern,

Under the Montana Public Records Act § 2-6-1001 et seq., please accept my request for an opportunity to obtain copies of, or examine public information held by the Montana Department of Labor, Business Standards Division.

This request pertains to all veterinarians licensed by the state of Montana between January 1, 2012 through today’s date of August 31, 2022. Please provide the following information:

I) The total number of applications to practice veterinary medicine approved for licensing by the Montana Board Of Veterinary Medicine.
A) Of those approved licenses, the total number that:
1) Were previously denied a license to practice by the state of Montana or another jurisdiction.
2) Were previously sanctioned with disciplinary action by the state of Montana or another jurisdiction.
3) Were reinstated to active status after having their license previously suspended or revoked, as a result of a disciplinary sanction ordered by the Board.

II) The total number for each year requested, of veterinarians possessing an active license to practice in Montana.

III) The total number of complaints received annually by the Department of Labor alleging any form of misconduct by veterinarians, for each year, between January 1, 2012 through today’s date of August 31, 2022.
A) Of those complaints, the total number for each year, that were:
1) Administratively closed.
2) Heard by a Montana Board of Veterinary Medicine Screening Panel.

B) Of the complaints heard before a Board screening panel, the total number for each year, that were:
1) Dismissed with prejudice.
2) Dismissed without prejudice.
3) Resulted in disciplinary action.

IV) The total number for each year requested, of veterinarians licensed to practice in Montana, and also licensed to practice in another jurisdiction.

V) If a veterinarian that is concurrently licensed in Montana and another jurisdiction(s), is sanctioned with disciplinary action by another jurisdiction’s board of veterinary medicine, is the Montana Board of Veterinary Medicine notified?
If so:
A) Does the other jurisdiction’s disciplinary sanction become part of that veterinarian’s record with the state of Montana?
B) Is the other jurisdiction’s disciplinary sanction made available to the public through the Montana Licensee Lookup website?
C) What is the total number, between January 1, 2012 and August 31, 2022, of those veterinarians that have been disciplined by another jurisdiction’s board, while holding an active license to practice in Montana?
1) Of those veterinarians, the total number for each year, of complaints received alleging misconduct against their Montana license.
a) Of those complaints, the total number for each year, that were:
i) Administratively closed.
ii) Heard by a Montana Board of Veterinary Medicine Screening Panel.
2) Of the complaints heard before a Board screening panel, the total number for each year, that were:
a) Dismissed with prejudice.
b) Dismissed without prejudice.
c) Resulted in disciplinary action.

VI) Of the total number of veterinarians who, prior to licensing approval by the Board, were previously denied a license to practice by the state of Montana or another jurisdiction:
A) The total number for each year, that received complaints alleging any form of misconduct.
B) Of those complaints, the total number for each year, that were:
1) Administratively closed.
2) Heard by a Montana Board of Veterinary Medicine Screening Panel.
C) Of the complaints heard before a Board screening panel, the total number for each year, that were:
1) Dismissed with prejudice.
2) Dismissed without prejudice.
3) Resulted in disciplinary action.

VII) Of the total number of veterinarians who, prior to licensing approval by the Board, were previously sanctioned with disciplinary action by the state of Montana or another jurisdiction:
A) The total number for each year, that received complaints alleging any form of misconduct.
B) Of those complaints, the total number for each year, that were:
1) Administratively closed.
2) Heard by a Montana Board of Veterinary Medicine Screening Panel.
C) Of the complaints heard before a Board screening panel, the total number for each year, that were:
1) Dismissed with prejudice.
2) Dismissed without prejudice.
3) Resulted in disciplinary action.

VIII) Of the total number of veterinarians who were reinstated to active status after having their license previously suspended or revoked, as a result of a disciplinary sanction ordered by the Board:
A) The total number for each year, that received complaints alleging any form of misconduct.
B) Of those complaints, the total number for each year, that were:
1) Administratively closed.
2) Heard by a Montana Board of Veterinary Medicine Screening Panel.
C) Of the complaints heard before a Board screening panel, the total number for each year, that were:
1) Dismissed with prejudice.
2) Dismissed without prejudice.
3) Resulted in disciplinary action.

IX) The total number for each year, of veterinary licenses that were permanently revoked as a sanctioned disciplinary action ordered by the Montana Board of Veterinary Medicine.

X) The total number for each year, of complaints received, alleging unlicensed practice of veterinary medicine.
A) Of those complaints, the total number for each year, that resulted in the Board referring the complaint to a county attorney for criminal prosecution and/or injunctive action.

XI) When a license is no longer active, how long does that licensee’s record remain available for public viewing on the Montana Licensee Lookup website?

Is any of the above data published publicly? If so, please provide a link to any and all publicly available reports containing the data above.

If your department logs complaints in a database, spreadsheet, or other log, a copy of those logs is fine instead.

If your agency does not maintain these public records, please let me know who does, and include the proper custodian's name and address.

If there are any fees for searching or copying these records, please inform me of the total charges in advance of fulfilling my request. I would prefer the request be filled electronically, by e-mail attachment if available, flash drive, or CD-ROM, if not.

The disclosure of the requested information is in the public interest and will be made available to the general public. This request is not being sought for commercial purposes.

If access to the information I am requesting will take longer than a ‘reasonable’ amount of time, please contact me with information about when I might expect copies or the ability to examine the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,
Teresa Beck

Dear Mr. Kirchgasler and Ms. Braden,

Thank you for your response to my request for public information.

You said that “some” of the information I have requested is not gathered by the department. Would you please provide in detail, specifically what you mean by “some”? Would you please provide a list of the information the department does gather?

Upon your recommendation that I would find much of the information I am seeking at the website you directed me to, I visited the site and found that it does not include any of the information in my request. This website is used for individual license verification and/or to request mailing lists of various entities. Maybe there was a mistake with the URL. If so, please send the corrected web address.

Once I’ve had the opportunity to examine what information your department has gathered and made publicly available online, I will proceed with my revised request.

I will wait for your reply, and look forward to hearing from you. Again, I thank you for your assistance.

Sincerely,
Teresa Beck

Dear Mr. Kirchgasler and Ms. Braden,

Thank you for your response to my request for public information.

Based upon your response that, “We do not collect the information you are requesting in a way that is searchable,” I have modified my original request, reducing it considerably. Please note that some of the items that were in my original request are included, as these are inquiries regarding state policy.

Please provide the following information:

I) Any policies or guidelines regarding veterinarian’s that are concurrently licensed in Montana and another jurisdiction(s), when they are sanctioned with disciplinary action by the other jurisdiction’s governing body, a professional board, or a certifying agency. Specifically, policies/guidelines that address whether the other jurisdiction’s, or agency’s disciplinary action become part of the licensees Montana record, and if that information is made available to the public through the Montana Licensee Lookup website.

II) The total number, between January 1, 2012 and October 20, 2022, of those veterinarians that have been disciplined by another jurisdiction’s board, a professional board, and/or certifying agency while holding an active license to practice in Montana.

III) The total number of complaints received by the Department of Labor alleging any form of misconduct by veterinarians, between January 1, 2012 through today’s date of October 20, 2022.
A) Of those complaints, the total number that were Administratively Closed.

IV) Please provide a list of veterinarians that have been sanctioned with disciplinary action, by the state of Montana, between January 1, 2012 and today’s date of October 20, 2022. Please include the licensee’s name, license number, date of action, and the disciplinary action ordered.

If there are still fees associated with this considerably reduced request for public information, please inform me of the total charges in advance of fulfilling my request. I would prefer the request be filled electronically, by e-mail attachment if available, flash drive, or CD-ROM, if not.

The disclosure of the requested information is in the public interest and will be made available to the general public. This request is not being sought for commercial purposes.

If access to the information I am requesting will take longer than a ‘reasonable’ amount of time, please contact me with information about when I might expect copies or the ability to examine the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,
Teresa Beck

Dear Ms. West,

Thank you for responding to my request. I am confused by your reply, as it seems that you are still responding to my original request of August 31, 2022, and not my most recent request of October 20, 2022.

I understood it the first time, when you said that the information I requested in my original request “is not collected in a searchable way.” In fact, my response of October 20, 2022, was based on that very statement, and therefore, I reduced my request for public information considerably. As my request for public information has been significantly reduced, I hope that you will consider reducing your fees, as well.

Also, the Governor’s reports contain only a fraction of the public information I am requesting, and are not responsive to my request.

Maybe there was a problem in the correspondence exchange, as it appears that no one there has read my most recent, and modified request for public information. Because I am concerned that my request of October 20, 2022 may not have reached you, I have included it below. Again, I thank you for your attention to this matter.

From October 20, 2022:
Dear Mr. Kirchgasler and Ms. Braden,

Thank you for your response to my request for public information.

Based upon your response that, “We do not collect the information you are requesting in a way that is searchable,” I have modified my original request, reducing it considerably. Please note that some of the items that were in my original request are included, as these are inquiries regarding state policy.

Please provide the following information:

I) Any policies or guidelines regarding veterinarian’s that are concurrently licensed in Montana and another jurisdiction(s), when they are sanctioned with disciplinary action by the other jurisdiction’s governing body, a professional board, or a certifying agency. Specifically, policies/guidelines that address whether the other jurisdiction’s, or agency’s disciplinary action become part of the licensees Montana record, and if that information is made available to the public through the Montana Licensee Lookup website.

II) The total number, between January 1, 2012 and October 20, 2022, of those veterinarians that have been disciplined by another jurisdiction’s board, a professional board, and/or certifying agency while holding an active license to practice in Montana.

III) The total number of complaints received by the Department of Labor alleging any form of misconduct by veterinarians, between January 1, 2012 through today’s date of October 20, 2022.
A) Of those complaints, the total number that were Administratively Closed.

IV) Please provide a list of veterinarians that have been sanctioned with disciplinary action, by the state of Montana, between January 1, 2012 and today’s date of October 20, 2022. Please include the licensee’s name, license number, date of action, and the disciplinary action ordered.

If there are still fees associated with this considerably reduced request for public information, please inform me of the total charges in advance of fulfilling my request. I would prefer the request be filled electronically, by e-mail attachment if available, flash drive, or CD-ROM, if not.

The disclosure of the requested information is in the public interest and will be made available to the general public. This request is not being sought for commercial purposes.

If access to the information I am requesting will take longer than a ‘reasonable’ amount of time, please contact me with information about when I might expect copies or the ability to examine the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,
Teresa Beck

Hello Ms. West,
I see no responses in red or otherwise.

Dear Ms. West,

Thank you for your response to my request for public information.

From your prompt response that there were 161 complaints received in the last ten years, I gather that you have compiled documentation to establish this as a fact. Therefore, please accept my request for a list, or any compilation of information containing all licensed veterinarians that have been sanctioned with disciplinary action, between January 1, 2012 and today’s date of December 1, 2022. Please include the licensee’s name, license number, date of action, and the disciplinary action ordered.

If your agency does not maintain these public records, please let me know who does, and include the proper custodian's name and address.

If there are any fees for searching or copying these records, please inform me of the total charges in advance of fulfilling my request. I would prefer the request be filled electronically, by e-mail attachment if available, flash drive, or CD-ROM, if not.

The disclosure of the requested information is in the public interest and will be made available to the general public. This request is not being sought for commercial purposes.

If access to the information I am requesting will take longer than a ‘reasonable’ amount of time, please contact me with information about when I might expect copies or the ability to examine the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,
Teresa Beck

Dear Ms. West,

Thank you. I appreciate your help with my request for public information.

Sincerely,
Teresa Beck