This letter was sent to all the staff at the Vet Board and all the Board members hometown addresses.
December 6, 2011
To Whom It May Concern:
My name is Nettie Dunn and my family member pet is Spanky. I lost my Spanky to a negligent veterinarian. I feel certain you all are familiar with the case, No. 11-186, Dr. Gray Brackeen of The Anchor Road Vet Clinic in Angleton, Texas.
The Agreed Order was signed on this case during the October 18, 2011 Board meeting. The Agreed Order states that Dr. Brackeen was found in violation of several Rules:
1) PROFESSIONAL STANDARD OF HUMANE TREATMENT
2) SUPERVISION OF NON-LICENSED EMPLOYEE
3) PATIENT RECORD KEEPING
4) PROHIBITION AGAINST TREATING HUMANS
5) ADHERENCE TO THE LAW, of the Boards Rules of Professional Conduct, (a) and (c), which
prohibit a person without a pharmacy license from acting as a pharmacist by filling a prescription from
a medical doctor.
The Board and Dr. Brackeen agreed on the following provisions:
1) Submit to an evaluation by a mental health provider selected and approved by the Board’s
Peer Assistance Program Coordinator and shall be responsible for all cost associated with the
evaluation.
2) License is suspended for two years beginning on the first day after he submits to an evaluation
by the Peer Assistance Program Coordinator but it shall be STAYED and placed on probation if he
submits to an evaluation prior to the effective date of the order (10/18/2011).
3) Pay restitution to me (Nettie Dunn) in the amount of $195.00 within 30 days of the date of the order.
4) Pay an Administrative Penalty of $500.00 within 45 days of the date of the order.
5) Complete 17 hours of continuing education.
6) Take the Texas veterinary jurisprudence examination within one year.
On November 15, 2011, I emailed Laura Moriarty and on November 21 I sent a second request with questions I had concerning the Agreed Order:
1) Has Dr. Brackeen’s license been suspended or is he on probation?
2) Did Dr. Brackeen submit to a mental health evaluation?
3) How can I keep track that all continuing education classes have been completed and documented?
This would include the required jurisprudence examination.
4) Since Dr. Brackeen’s Agreed Order is public record, I assume that his fulfillment of its requirements,
dates, times, completion, etc., are a matter of public record also. Where would I go to check the status
of his compliance with the Board’s mandates?
On November 21, 2011 Ms. Moriaty called me and said that all questions have a ten (10) day process to go through before I receive an answer. She also informed me that the lady that takes care of all questions had been out sick and had just returned (11-21-2011). Ms. Moriaty said that Dr. Brackeen was being watched closely because the Board knew that there was a serious problem at the Clinic.
Ms. Moriaty assured me that the doctor had fulfilled *all* the required mandates noted in the Agreed Order to that date (11-21-11) - meaning that Dr. Brackeen was on probation and his license was not suspended. This information was very troubling to me, because I knew first hand that *all* required mandates had not been fulfilled.
I informed Ms. Moriaty that I had not received my restitution, and according to the Agreed Order - I should have received it on November 18, 2011. She acted surprised and said that she would check into it.
On November 30, 2011 I received a call from Loris Jones. Ms. Jones informed me that she was calling to answer the questions that I directed to Ms. Moriaty.
Ms. Jones said that all information concerning the completion of mandates in the Agreed Order was private information. She said the only way I could find out if Dr. Brackeen was in compliance was to watch the Board’s website.
Then, just as in my conversation with Ms. Moriaty, I was again informed by Ms. Jones that *all* required mandates have been fulfilled. Ironically, Ms. Jones acted surprised when I mentioned that my restitution had not been paid and now was over twelve (12) days late, and she said that she would have to check to see what needs to be done – just like Ms. Moriaty.
Why did I need to wait for Ms. Jones to check? Did she call me to talk about my case without it in front of her? Had she not reviewed the Agreed Order before calling me to inform me that *all* required mandates had been fulfilled (when in fact – they weren’t)? I can assure you that nobody contacted me to ask if I’d received my restitution. Surely the Board is not just taking Dr. Brackeen’s word for *all* those required mandates?
Why is this even a question? Dr. Brackeen is NOT in compliance to the Agreed Order. That is a fact. WHY am I being purposely misled?! I come to the Board because a vet who operates at their discretion is negligent and lying to me… and I get the same treatment from his governing body?! WHY isn’t the staff at the Texas Board of Medical Examiners taking action? Isn’t this their job? Doesn’t the Agreed Order state that ‘enforcement action will be taken’ if the restitution was not paid to me within 30 days? Isn’t the Board here to make sure that “bad” vets do not get away with this type of behavior? Because so far, my experience has been that the Board’s job is only to patronize me.
Now we are already in December and I still have not received my restitution. The date that Dr. Brackeen was ordered to pay his administrative penalty has already passed and I would like to know if he paid that penalty? How many of the mandates that I’ve been assured were already adhered to (“all”) have actually been acted on?
Based on the “assured” information I received from Ms. Moriaty and Ms. Jones – which as you and I both know was not correct – whom do I go to for accurate, honest, verified information? Because I no longer feel like I’m being mislead… I am being downright lied to.
This is a veterinarian who admitted to self medicating and his negligence and malpractice cost me a beloved family member. I could care less about the restitution… its only purpose is allowing me to monitor Dr. Brackeen’s adherence, and that the board is in fact watching “closely.” It appears at least that neither are doing their job.
I wonder what a doctor has to do to lose their license. What terrible act greater than what was committed in my case constitutes action by this Board which rids the profession it is suppose to uphold of those who commit them? When will someone take this matter serious as it pertains to the practice of veterinary medicine as opposed to trying to pacify those who are victims? Where is the justice? Who is responsible for making sure that the Board’s orders are taken care of? How do I make sure that all these mandates are in compliance with the Board’s orders?
Dr. Brackeen is a licensee of the state; he is charged with upholding the humane and competent treatment of an animal; he is bound by the laws and statutes of his own profession, taking an oath to do no harm; and foremost, he in a position of PUBLIC TRUST that is granted and governed by this board. Isn’t this board at least concerned with its own public trust?
I look forward to your reply.
Regards,
Nettie Dunn
Cc:
B. Alldredge, Jr.
D. Rosberg, Jr.
J. Todd Henry
R. Bonner
J. Clader
J. King
P. Martinez
C. Upham
J. Carpenter
D. Barker
L. Moriaty
L. Jones
N. Oria
K. Cole
K. Phillips
I. Franz
To Whom It May Concern:
My name is Nettie Dunn and my family member pet is Spanky. I lost my Spanky to a negligent veterinarian. I feel certain you all are familiar with the case, No. 11-186, Dr. Gray Brackeen of The Anchor Road Vet Clinic in Angleton, Texas.
The Agreed Order was signed on this case during the October 18, 2011 Board meeting. The Agreed Order states that Dr. Brackeen was found in violation of several Rules:
1) PROFESSIONAL STANDARD OF HUMANE TREATMENT
2) SUPERVISION OF NON-LICENSED EMPLOYEE
3) PATIENT RECORD KEEPING
4) PROHIBITION AGAINST TREATING HUMANS
5) ADHERENCE TO THE LAW, of the Boards Rules of Professional Conduct, (a) and (c), which
prohibit a person without a pharmacy license from acting as a pharmacist by filling a prescription from
a medical doctor.
The Board and Dr. Brackeen agreed on the following provisions:
1) Submit to an evaluation by a mental health provider selected and approved by the Board’s
Peer Assistance Program Coordinator and shall be responsible for all cost associated with the
evaluation.
2) License is suspended for two years beginning on the first day after he submits to an evaluation
by the Peer Assistance Program Coordinator but it shall be STAYED and placed on probation if he
submits to an evaluation prior to the effective date of the order (10/18/2011).
3) Pay restitution to me (Nettie Dunn) in the amount of $195.00 within 30 days of the date of the order.
4) Pay an Administrative Penalty of $500.00 within 45 days of the date of the order.
5) Complete 17 hours of continuing education.
6) Take the Texas veterinary jurisprudence examination within one year.
On November 15, 2011, I emailed Laura Moriarty and on November 21 I sent a second request with questions I had concerning the Agreed Order:
1) Has Dr. Brackeen’s license been suspended or is he on probation?
2) Did Dr. Brackeen submit to a mental health evaluation?
3) How can I keep track that all continuing education classes have been completed and documented?
This would include the required jurisprudence examination.
4) Since Dr. Brackeen’s Agreed Order is public record, I assume that his fulfillment of its requirements,
dates, times, completion, etc., are a matter of public record also. Where would I go to check the status
of his compliance with the Board’s mandates?
On November 21, 2011 Ms. Moriaty called me and said that all questions have a ten (10) day process to go through before I receive an answer. She also informed me that the lady that takes care of all questions had been out sick and had just returned (11-21-2011). Ms. Moriaty said that Dr. Brackeen was being watched closely because the Board knew that there was a serious problem at the Clinic.
Ms. Moriaty assured me that the doctor had fulfilled *all* the required mandates noted in the Agreed Order to that date (11-21-11) - meaning that Dr. Brackeen was on probation and his license was not suspended. This information was very troubling to me, because I knew first hand that *all* required mandates had not been fulfilled.
I informed Ms. Moriaty that I had not received my restitution, and according to the Agreed Order - I should have received it on November 18, 2011. She acted surprised and said that she would check into it.
On November 30, 2011 I received a call from Loris Jones. Ms. Jones informed me that she was calling to answer the questions that I directed to Ms. Moriaty.
Ms. Jones said that all information concerning the completion of mandates in the Agreed Order was private information. She said the only way I could find out if Dr. Brackeen was in compliance was to watch the Board’s website.
Then, just as in my conversation with Ms. Moriaty, I was again informed by Ms. Jones that *all* required mandates have been fulfilled. Ironically, Ms. Jones acted surprised when I mentioned that my restitution had not been paid and now was over twelve (12) days late, and she said that she would have to check to see what needs to be done – just like Ms. Moriaty.
Why did I need to wait for Ms. Jones to check? Did she call me to talk about my case without it in front of her? Had she not reviewed the Agreed Order before calling me to inform me that *all* required mandates had been fulfilled (when in fact – they weren’t)? I can assure you that nobody contacted me to ask if I’d received my restitution. Surely the Board is not just taking Dr. Brackeen’s word for *all* those required mandates?
Why is this even a question? Dr. Brackeen is NOT in compliance to the Agreed Order. That is a fact. WHY am I being purposely misled?! I come to the Board because a vet who operates at their discretion is negligent and lying to me… and I get the same treatment from his governing body?! WHY isn’t the staff at the Texas Board of Medical Examiners taking action? Isn’t this their job? Doesn’t the Agreed Order state that ‘enforcement action will be taken’ if the restitution was not paid to me within 30 days? Isn’t the Board here to make sure that “bad” vets do not get away with this type of behavior? Because so far, my experience has been that the Board’s job is only to patronize me.
Now we are already in December and I still have not received my restitution. The date that Dr. Brackeen was ordered to pay his administrative penalty has already passed and I would like to know if he paid that penalty? How many of the mandates that I’ve been assured were already adhered to (“all”) have actually been acted on?
Based on the “assured” information I received from Ms. Moriaty and Ms. Jones – which as you and I both know was not correct – whom do I go to for accurate, honest, verified information? Because I no longer feel like I’m being mislead… I am being downright lied to.
This is a veterinarian who admitted to self medicating and his negligence and malpractice cost me a beloved family member. I could care less about the restitution… its only purpose is allowing me to monitor Dr. Brackeen’s adherence, and that the board is in fact watching “closely.” It appears at least that neither are doing their job.
I wonder what a doctor has to do to lose their license. What terrible act greater than what was committed in my case constitutes action by this Board which rids the profession it is suppose to uphold of those who commit them? When will someone take this matter serious as it pertains to the practice of veterinary medicine as opposed to trying to pacify those who are victims? Where is the justice? Who is responsible for making sure that the Board’s orders are taken care of? How do I make sure that all these mandates are in compliance with the Board’s orders?
Dr. Brackeen is a licensee of the state; he is charged with upholding the humane and competent treatment of an animal; he is bound by the laws and statutes of his own profession, taking an oath to do no harm; and foremost, he in a position of PUBLIC TRUST that is granted and governed by this board. Isn’t this board at least concerned with its own public trust?
I look forward to your reply.
Regards,
Nettie Dunn
Cc:
B. Alldredge, Jr.
D. Rosberg, Jr.
J. Todd Henry
R. Bonner
J. Clader
J. King
P. Martinez
C. Upham
J. Carpenter
D. Barker
L. Moriaty
L. Jones
N. Oria
K. Cole
K. Phillips
I. Franz