Complaint alleges N.H. veterinary clinics putting profits ahead of animal care
News > State Complaint alleges N.H. veterinary clinics putting profits ahead of animal care In this Thursday, Oct. 5, 2017 photo, Shelley, a cat adopted through Animal Care and Control Team of Philadelphia (ACCT) working cat adoption program stands at its new home at Emerald Windows in Philadelphia. The program places cats who have behavioral challenges with non-traditional homes such as factories and stores and their presence have helped control the rodent population on a property. (AP Photo/Matt Rourke) Matt Rourke By CAITLIN ANDREWS Concord NH
A veterinarian with emergency clinics in Concord and Manchester says dozens of companies in the state are practicing animal medicine illegally.
Deborah Kelloway, who founded Advanced Veterinary Care and who faced a disciplinary hearing in front of the state’s Board of Veterinary Medicine in February, says clinics across the state are owned by corporations not composed entirely of licensed veterinarians, a direct violation of state law, according to a petition filed in Merrimack County Superior Court.
The complaint does not name any specific employees, but mentions several companies, including VetCor, Inc.; Banfield/Mars Petcare US, Inc.; NVA Merrimack, Inc.; Pet Partners, LLC; VCA Animal Hospitals, Inc.; and Pathway Vet Alliance, LLC, as well as the state’s vet board.
Concord clinics mentioned include Fisherville Animal Hospital, Banfield, VCA Capital Area Veterinary and VCA Russell Animal Hospital, according to the petition. Officials at those clinics either declined to comment, citing potential litigation, or denied the accusations.
Kelloway said corporations buying pet hospitals is a growing trend across the country, despite many states having laws banning such practices.
“There are many people who cannot afford care, but corporations are price-gouging because they know people will do anything to care for their pets, and they know it’s a good business,” Kelloway said.
Kelloway, through her attorney James Steiner, alleges the state’s board was informed of the practices during a June public meeting but has declined to enforce the law.
According to state law, “no person may practice veterinary medicine in the state who is not a licensed veterinarian or the holder of a valid temporary permit issued by the board.”
At the veterinary board’s June meeting, Gloria Najecki asked whether the board had jurisdiction over ownership of vet clinics, according to its minutes.
Board vice president Sonnya Dennis replied that the board has jurisdiction only over the medical director of a corporation, while a corporation itself would be handled by the Department of Justice.
VetCor, the owner of Fisherville Animal Hospital in Concord, owns 287 veterinary practices in 28 states.
Peter DeFeo, chief development officer and general counsel for VetCor, said all of the vets working at their New Hampshire clinics are employed by SAH Veterinary Services, a professional corporation owned by Kimberly Caruso, a licensed veterinarian. He said the arrangement complies with state law.
VetCor has an administrative services arrangement with SAH Veterinary Services where it allows vets to use clinic space and provides payroll, purchasing, banking, employee benefits and other services, DeFeo said. Vets make independent medical decisions and manage their own caseloads.
Spokespeople for Banfield Pet Hospital and VCA Animal Hospitals declined to comment.
Attempts to reach board president David Stowe were unsuccessful.
Kelloway herself has been scrutinized recently.
A Derry dog owner recently filed a lawsuit against Kelloway blaming her for the 2016 death of her schnauzer. News reports say the dog died in surgery at Kelloway’s Concord clinic.
In February, she was accused of allowing an unlicensed veterinarian to practice at her clinic for more than a year; failing to ensure records are on file and secure after 24 hours; misleading clients with respect to Advanced Veterinary Care’s ability to handle emergency cases and forcing clients into making quick decisions about their pets’ care.
Former clients said Kelloway pressured them to take extreme measures like surrendering their pets when financial obstacles prevented them from paying for high-cost surgeries. In some cases, she tried less expensive treatments or delayed care that resulted in long-term health issues for animals and, in some cases, death, former clients alleged.
The board previously sent a letter to Kelloway in 2013 expressing concern about Advanced Veterinary Care’s practice of encouraging surrender over euthanasia, even in situations where pet owners strongly objected to the adoption of pets by strangers.
The board ultimately found there was insufficient evidence that she knew the vet she employed was unlicensed; that she violated the state law on locking down records; that she engaged in professional misconduct by withholding a dog’s ultrasound report and refusing to return a dog her clients had surrendered to her.
The board ultimately reprimanded Kelloway and required her to complete medical records training, according to a Sept. 27 decision.
Kelloway said she waited seven and a half months to get a judgment, which she called a “slap on the wrist.”
But the impacts of the case are more severe – Kelloway said she will have to close her Concord practice due to financial difficulties, and people being unwilling to work there.
“They’ve kind of ruined my reputation,” she said. “But in a way, it’s kind of freeing, because now I’m free to fight them.”
Assistant Attorney General Michelle Heaton, who prosecutes misconduct violations for the Board, did not return requests for comment. (Caitlin Andrews can be reached at 369-3309, candrews@cmonitor.com or on Twitter at @ActualCAndrews.) Sports/High-School