BEFORE THE INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS: y ‘CAUSE NO. 2005 VB 0007 STATE OF INDIANA, ) ) i } FILED . ) TODD ALAN COONEY, D. M., i JON 9 3205 License No. oes, } HEALTH PaO ot ) Respondent. BUREAU ‘The Indiana Board of Veterinary Medical Examiners (Boart") presided over a settlement conference on May 25, 2005. ‘The State of indiana was represented by Sara Matticks, Deputy Attomey General, Respondent appeared in person. ‘The State and Respondent jointly presented the terms of this Proposed Settlement Agreement ‘and Order ("Settlement to the Board forts consideration. ‘The Board, by @ vote of 5-0-0, accepted and approved the following proposed settlement and order. s \TEE INGS OF | 1. Respondent's address on file with the Board is Northeast Animal ‘Clinic, 1605 East North Street, Kokomo, Indlana 47901. j 2. Respondent is @ duly licensed veterinarian holding Indiana ficense number 24004650, 3. Respondent has practiced atthe Northeast Animal Clinic In Kokomo, indiana, since 1997. Respondent's wife and two other veterinarians also practice atthe clinic. 4. On or about January 31, 2005, the Drug Enforcement Administration (DEA) reported tothe Indiana Office ofthe Attomey General that Respondent had been under investigation for fllure to ‘comply with the federal requirements pertaining to controlled substances, As a result, Respondent ‘surrendered his DEA registration. = 5, On or about August 23, 2004, Respondent was found at his residence by family members unresponsive due to an iniravenous overdose of Ketamine and wes hosptaized. Respondent's family discovered used syringes and multiple vils of Ketamine on the premises. ‘i £6. Respondent entered the substance abuse treatment program at Rush in Chicago, inos, in ‘September 2004. 7 Respondent retapsed and began abusing Ketamine and Vallum while working at his clinic shortly after his release from Rush, 8 Respondent subsequently entered a substance abuse treatment program in New Mexico but falled to complete the program. d 8. Respondent has exhibited signs of being under the influence while on duty at his practice. ‘Staff report Respondent has appeared slow, staggering and confused while at work. 10. On of about November 5, 2004, Respondent was scheduled to spay a dog and repair an umbilical hemia. Respondent performed surgery but noted only an umbilical hernia in the medical records. Subsequent lab tests and exploratory surpery revealed that Respondent falled to spay the animal. 11. On or about January 11, 2008, Marion County Sheriff Deputies were caled by Respondent's sister, Robin Powers, who reported Respondent had physically assaulted her after she attempted to determine whether Respondent had any needles/syringes at her parent's home. Ms. Powers was, ‘concemed that Respondent may have exposed her chikiren to needles. Ms Powers advised the Deputies that Respondent had a substance abuse problem and was attending a rehabilitation program. 12, Respondent has admitted to the DEA that he has abused Ketamine, 43. On or about February 8, 2005, the office of the Attomey General received additional information from the DEA that the poiice had been called to Respondent's veterinary practice over an attercation betwoen Respondent and other staff members. :‘STIPULATED CONCLUSIONS OF LAW 4. Respondent's conduct constitutes a violation of Indiana Code § 25-1-6-4(a)(4)(D) in that Respondent continued to practice while unfit to practice due to addiction to, abuse of or severe dependency upon alcohol or other drugs which endangered the public by impairing his ability to practice safely. 2. Respondent's conduct constitutes a violation of Indiana Code § 25-1-0-6 in that Respondent has engaged in cruelty to an animal by negligently performing surgery and subjecting the animal to was’ further avoidable surgical procedures. ORDER Based upon the above Factual Basis and Conclusions of Law, the Board issues the following Order: : 4. Respondent's indiana license to practice veterinary medicine is placed upon INDEFINITE. PROBATION. Respondent may not seek to have the probationary status withdrawn for a period of FIVE (6) YEARS from the date of execution of this order. 2. During probation, Respondent's license shall be govemed by the following TERMS AND CONDITIONS: ‘ (@) __ Respondent shall not be employed in a veterinary clinic, clinical setting, animal hospital or provide veterinary care to any animal outside the scope of his employment at Purdue University as a research and diagnostic parasitologist, without the express prior written approval of the Board. Respondent may not petition the Board for such approval for a period of ONE YEAR; (©) Respondent shall not onder, receive, distribute, prescribe or dispense any Ccontrolied substances or be employed in a setting which provides him access to controlled substances; (©) Respondent's Drug Enforcement Administration Permit has been surrendered ‘and he shall not seek to have his registration reinstated without the prior express written approval of the Board;©) (ny Respondent shall provide the Board with @ standing order from a physician for urine drug screens. Respondent shall be subject to weekly drug/aicohol urine ‘screens, at a lab approved by the Board, for the first six months of probation, monthly for the remainder of the first year and quarterly thereafter and shell release the results of each drug screen to the Board, Respondent shell report for the testing within two (2) hours of being notified of the test; Respondent shall personally appear before the Board at all regularty scheduled ‘meetings, for the first six months and quarterly thereafter, Respondent shall inform the Board of his current residential address and telephone number, including changes thereto; Respondent shall be evaluated by a physician/addictionologist within thirty (30) days and shail cause the results of the evaluation to be submitted to the Board; Respondent shall comply with any and all recommendations of the addictionologist and shall provide the Board with proof of compliance with freatment recommendations monthly for the first six months and quarterly thereafter, Respondent shall attend a minimum of three (3) ANA meetings per week and shall submit monthly reports reflecting his attendance; At all times, Respondent shall inform the Board of his current employer's ‘address and telephone number, including changes thereto; Within seven (7) days of Respondent's acceptance of employment in a veterinary field or profession, Respondent shall submit a copy of this Order to the Board bearing the signature of his employer, Respondent shall cause his supervising employer to submit monthly reports to the Board during the frst sic @) months of Respondent's employment and quarterly reports thereafter. Such reports shall contain Respondent's supervisor's opinion regarding Respondent's:(m) (ny) ‘SO ORDERED this 3®_day of June, 2005. copies to: professional competence, (i) sense of responsibility, (i) work habits, (v) mental attitude, and (¥)- ability to work with others; Respondent shall inform the Board of any relapse or use of mood altering substances within twenty-four (24) hours; and Failure to comply with the terms of this order, or any violation of the rules, ‘equlations or statutes goveming the practice of veterinary medicine may subject Respondent to an order to show cause, summary suspension, revocation or ‘other discipline, INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS Z Ad, Z 7 Fee. fensces kee Frances L. Kelly Executive Director Health Professions Bureau Todd Alan Cooney, D.V.M. 1605 E. North St. Kokomo, IN 46901 ‘SENT CERTIFIED MAIL NO. 7003 3110 0003 5658 1355 RETURN RECEIPT REQUESTED. ‘Todd Alan Cooney, D.V.M. P.O. Box 7003 Kokomo, IN 46001 SENT CERTIFIED MAIL NO. 7003 3110 0003 5658 1348 RETURN RECEIPT REQUESTED, Deputy Attomey General Sara R. Matlicks Office of Attomey General 302 West Washington Street, 5th Floor Indianapolis, Indiana 46204-2770