sevenvtroter North Carolina Department of Agriculture p, nougiesusctes, ov and Consumer Services ‘Suis Vare Veterinary Division ‘Apel 20, 2017 Greensboro, North Carolina 27402 Via Hand Delivery Notice of Warning ‘Violations of Title 02 N. C. Administrative Code (“NCAC”) Chapter $2J, Section .0101(5) and .0210(c) and (d). AWS-WL-2017-4 Animal Shelter: Guilford County Animal Shelter Registration No. 151 ‘Dear Deputy County Manager Grier ‘The Animal Welfare Section (“AWS”) ofthe Veterinary Division of the NC Department of Agriculture and Consumer Services ("NCDA&CS") received a complaint concerning the Guilford County Animal Shelter ("the shelter”). Based on the information within this complaint, AWS opened an investigation ‘The investigation included a site visit, interviews with shelter staff and review of shelter records, ‘The review of 17 medical records stowed inadequacies of documentation in all records. In addition, 3 of the 17 animals did not receive the required rabies vaccination within 15 days of intake ‘The investigation also revealed that dog with a comminuted femoral fracture was treated by the Shelter ‘Veterinarian, However, AWS has serious concerns about adequacy of the veterinary care and staff ‘monitoring of this dog. In addition, athe time ofthe site visit, 2 animals were observed to have easily visible medical conditions tha, based on the review of the medical records and interview of the veterinarian, did not appear to be receiving adequate veterinary care and/or monitoring, Based on the results of thi vestigation, the shelter appears to have violated the following regulations: 1) 02 NCAC 525..0101(5); and 2)02 NCAC 525 0210{¢) and (2), 1020 Sie Ear ligh Naty Corsna sre0 S090 © 9) 707250 ‘Tivtporibeme vce verenoeaate © ‘Aree Opniven the apparent lack of protocols and procedures to ensure the timely reporting and monitoring ofthe Veterinary medial care andthe condition of the animals housed at the shelter, I recommended to the Shelter Director that he consult with other NC shelters which have successfully implemented such safeguards and procedures. I recommended that the Shelter Director implement such protocols and procedures. In addition, the shelter i to implementa protocol which insures timely administration of rabies vaccinations to he animals in its eare and custody, ‘AWS understands that the shelter did have the animal with the comminuted femoral fracture seen and lweated by GCAS Veterinarian, a NC licensed veterinarian. However, AWS has serious concems about the adequacy of the veterinary care. Given the severity ofthe apparent failure of the GCAS Veterinarian {o provide adequate veterinary care to a severely injured animal in the care and custody of the shelter, I have filed a formal complaint against this veterinarian with the NC Board of Veterinary Medicine. Thave also notified the Guilford County Sheriffs Office ofthis incident, ‘This Waming Letter serves as writen notice indicating in which respects the shelter has violated the NC ‘Animal Welfare Act and the rules issued pursuant thereto, ‘Continued or fuure violation ofthese statutes or regulations will be considered a willful disregard or violation of the NC Animal Welfare Act and the rules issued pursuant thereto, Such willful disregard or violation may result in disciplinary ation against your facility's license pursuant to NC General Statute 419-30 and/or the assessment ofa civil penalty of up o $5,000.00 per violation under NC General Statute §19A-4C, ‘Your immediate attention to this matter is appreciated, Sincerely, TaD Paricia Norris, DVM, MS Director of Animal Welfare Section Veterinary Division ec: Dr R. Douglas Meckes, State Veterinarian Joe Reardon, Assistant Commissioner, NCDA&CS ‘Tina Hilabse, General Counsel, NCDAS&CS ‘Christopher R, MeLernan, Assistant Attomey GeneralAppendix REFERENCED STATUES AND REGULATIONS §19A.30. Refusal, suspension or revocation of certificate or license. ‘The Direetor my eis (oissue or ree a ay suspend or revoke acral of registration foray ain shelter or 3 license for any public action, Rene, po shop, oda, if afer an ipa fnvesigation as provide inthis Arte Be decries that ny one r moe ofthe allowing goers app (1) Material misstatement in he applic fo te eriginalcerieate of reitrationo ices ori or any encal under his Arte (2) Will esepad or vestion of hie Atle or any ress porsuant her; (0) Fale to provide adequate housing Giles andlor primary enclosures or the purposes ofthis Antic, ri the fedig, wating saiizing and housing practes atthe animal shelter pubic auction, pt shop © kennel are rx consistent wih intent his Arle othe le adopted er his Aric, (4) Allowing oa’ cen under his Arle abe wed by am onicense persone (6) Conviction of any crime an essetl element of which emisatmen, aud oF sshonesty, or convection of ‘any lelony, (6) Making snail mixrrcntons fle romize of chars iay te infuse, pera, or induce ‘in conection with he business «pe ation commercial kennel. pot shop dele () Parsing a continasd couse of misrpresematon of or making fe promise tough advertising salesmen ages, ooterise i connection wih the busines wo bethcemeds (Frits to poses the necessary qualifications of mea he requirements oF this Article (othe suance ot olin ofa ceria ofreperton or css, ‘The Dtetor shal oor efising ose oe renew and before suspension or evoettion of ceric of registration or & license, giv othe aplican or holder thereof» writs nie conning Sateen indicat in what pec he apicat holder has aed sais the reuiements forthe holding of a erifeae of reiseaion o «hoeae ra eeifeate of ‘episaton oalicense is suspended or revoked under he provisions hee, the older stall have Five day rm sac suspension for retocaton to surrender all cries of reisuaion or Hents ssid thereunder tothe Director or his suorzed representative ‘A peson to whom acetate of eisvation or ens is denied, suspend, o revoked by the Disco my contest the ‘ction by nga pion under G.S. 1508-28 witha five days fer the en stspasin, or revecaion. ‘Any licensee whose license revoked under the froviios of thi Aric shal xb eile to apply or ne cease rounder ui one year as elapsed from the dat of te ode evoking said cease or ian appeal tke from sad onc of ‘evocation, one yer fom the date ofthe order Fina juigment sustaining said evoeton, Any person wha hasbeen a offer, ‘agen. or employee of licensee whose liens ha een evoked or suspend and who ir respnsibl or parca in the oan pon which the order of suspension or revocation was Base sll at be censed wit he ped dering hich the order of suspension or revocation in elet (1977, 2nd Sess 1207, 811,198). 827.61) be aplisaon {§19A-40. Civil Penalties. “The Dieeor may assess iv peal of not moe than five thousand dollars (5,00) against any person who violates & provision of his Aico an ule promulgaed thereunder. In deterining th aroun ofthe peal. the ict shal consi the degree and exe’ of kar caused bythe violation The ler proceeds of cl pele assessed pursuant thi secton shal te remit tothe Civil Pena and Forfeiture Fund in terdane with GS 11SC-457.,(1995,¢. $16. 6. 198215-0 3) O2NCACS2Y.0101 RECORDS; ANIMAL SHELTERS, ETC. ‘Opeoirs ofl ain shes, st shops, publi ucens, and ales hall mini records onal dogs eats showing the felowing (6) record of veterinary cae incining testes, imunizaion and dt, ims, dstrption of medican Gincloing name abd dose) and ina of pre adminseing any prod or procedure Hisory Note: Authority GS. 194-24 Apt, 184; Amended Eff January 1, 2005: April, 1985 ®2NCACS2} 0210 VETERINARY CARE (6) Esch dog and ca shall be observed dl bythe anal carter in charge, orby sone unde his direst supervision. Sick eased ered, lame, ond dogs er as shal be provided with ternary cae orb ethan, proved tats hall ov act comptance wih any sae or Heal egutng the haling. fore spclfid pero of annus suspected of beg siseased. euthanasia performed aa cerified fatty, a is of personel proved io prformeunmasi shal be mind in Policy and Procedure Mansal as described in O2 NCAC 52) 0800. Disesed ce deformed animals sal be sido aedny under th icy st oth in te “Fegran of Yee Cae” Ful writen Acts ofthe media condton ofthe nia Shall be provi tthe new ome, (@) Allasmatin a cenedo ised fai shl bein compliancs with he North Carcia rabies lw, 6, 130A, Atle 6 Pat 6. Hower, 0 bei shall be disapproved following inspection or oerwise cit far Gilare wo nou any dog oe ct known to eles than 12 wees ol onl suchanimals fave been nthe stra east 1 days History Not: Authority GS 194-24: Ef. Api 1984; Amended Ef. March 28, 2008: Jamary 1, 2008,