Cross Posted at Legal Schnauzer

 

An animal clinic that provides low-cost spay and neuter services might soon be forced to close. News reports strongly hint that veterinarians who resent the clinic’s low-cost services are driving the action. In other words, greed might win out over a good-faith effort to address pet overpopulation.

 

Alabama Spay/Neuter Clinic, which has operated in the Birmingham suburb of Irondale for three years, received a certified letter dated June 9 from Tammy S. Wallace, executive director of the Alabama State Board of Veterinary Medical Examiners (ASBVME). The letter alleged that the clinic is not owned by a veterinarian, placing it in violation of Alabama Code, and ordered the clinic to “cease and desist from any practice that would fall under the definition of veterinary practice in Alabama.”

 

There is only one problem with ASBVME’s position: The Alabama Spay/Neuter Clinic is owned by a veterinarian. Reports The Birmingham News:

 

According to Mark Nelson, executive director of the nonprofit Alabama Spay/Neuter Clinic, Birmingham veterinarian William B. Weber is the clinic owner. Weber also owns Eastwood Animal Clinic. He said Weber employs, manages and pays the veterinarians on the clinic staff. The clinic owns the equipment and employs support staff. Nelson said the arrangement is within state guidelines, and that the clinic’s board of directors will actively pursue a hearing to prevent the shutdown.

 

What is the mission of the Alabama Spay/Neuter Clinic? The “About Us” page on the clinic’s Web site sums it up:

 

Each year, Alabama animal shelters euthanize over 150,000 dogs and cats. Three out of four are healthy, adoptable dogs and cats waiting to be someone’s loving pet. The fate of these animals was the incentive for the creation of the Alabama Spay/Neuter. Incorporated as a (501-C-3) non-profit organization in March 2007, Alabama Spay/Neuter’s Board of Directors felt that opening a facility that provided high-quality, high-volume, low-cost spay/neutering was the only sustainable way to end the overpopulation of dogs and cats in Central Alabama

 

Has the clinic made an impact? Reports The Birmingham News:

 

Alabama Spay/Neuter clinic opened June 4, 2008, in a temporary mobile unit. Since then, the clinic has moved to a 6,700 square-foot facility where a staff of licensed veterinarians have completed more than 33,000 sterilization surgeries for a 13-county area.

 

Who possibly could be against this kind of facility? Officials from the Alabama veterinary board have gone into “quiet mode,” refusing to respond to press inquiries. Here is a press-release statement from

William Ronald Welch, D.V.M., president of the Alabama State Board of Veterinary Medical Examiners:

 

In Alabama, the practice of veterinary medicine is governed by the Alabama Veterinary Practice Act and its Administrative Code. In order to promote the public health, safety and welfare by safeguarding the people of the State of Alabama against the unqualified or incompetent practice of veterinary medicine, the Legislature created the Alabama State Board of Veterinary Medical Examiners to oversee the practice of veterinary medicine. The Practice Act gives the Board the power to conduct investigations for the purpose of discovering violations of the Act or grounds for disciplining licensed veterinary professionals or other non-licensed individuals pursuant to the Administrative Code of the Board and appoint individuals and committees to assist in the investigations.

 

In accordance with the Veterinary Practice Act and its Administrative Code, the Alabama Spay/Neuter Clinic, Inc., located in Irondale, Alabama has been granted an administrative hearing to provide the owner of the entity with the opportunity to defend itself against alleged violations of the Act. In compliance with confidentiality rules for pending cases, no further details will be released to the public until the administrative hearing is completed.”

 

The ASBVME seems to have resorted to double speak. Wallace’s letter alleged that the clinic is not owned by a veterinarian. Welch’s statement makes no mention of this, instead implying that the clinic is providing substandard care. Is the board using this “change the subject” tactic in hopes of delicately backing out of a sticky situation–of its own making? Perhaps it should be.

 

Facebook page, Help Save Alabama Spay/Neuter, is spreading the word about efforts to keep the clinic open.

 

Even The Birmingham News, which I normally find to be a pitiful excuse for a newspaper, has done solid reporting on the story. I rarely agree with the News on any subject, but even the editorial board of a right-wing newspaper found the ASBVME’s actions highly suspect:

 

One wonders why a veterinarian would have to own a vet clinic to begin with. Physicians aren’t required to own the hospitals they work in.

 

That aside, the Alabama Spay/Neuter Clinic claims it has, indeed, a partner in Birmingham veterinarian William B. Weber, who also owns Eastwood Animal Clinic. Mark Nelson, executive director of the Spay/Neuter Clinic, said Weber contracts and pays the veterinarians on the clinic staff who perform the surgeries, while the nonprofit clinic owns the equipment and pays the support staff.

 

That sounds like a smart, reasonable arrangement. We don’t know why the Board of Veterinary Examiners finds the arrangement a problem, because neither the board’s executive director, Tammy S. Wallace, who signed the cease and desist letter, nor members of the board are talking. The board’s chairman said because this is a pending case, “there will be no comment.”

 

That is wrong. The public deserves an explanation, and Wallace and the members of the Board of Veterinary Examiners need to be reminded they are an agency created by the state. They are, indeed, answerable to the taxpayers of Alabama, whether they think so or not.

 

What is driving the ASBVME’s actions? Given that the Alabama Spay/Neuter Clinic is, in fact, owned by a veterinarian, we can think of only one answer. The Birmingham News seems to be thinking along the same lines:

 

Let’s hope because the Alabama Spay/Neuter Clinic performs low-cost surgeries that isn’t the true reason the Alabama Board of Veterinary Examiners is trying to shut it down. Let’s hope greed is not a factor here.

 

And let’s hope we find out when a hearing on the matter is held at some point down the road. We encourage both the Alabama Board of Veterinary Examiners and the Alabama Spay/Neuter Clinic to make sure that eventual hearing is open to the public and proper notice is given.

 

Perhaps the public needs to know a little more about the board members who seem to be driving this train wreck. They can be found on the ASBVME’s Web site. We always try to be extra helpful, so contact information is included:

 

Wm. Ronald Welch, DVM

3966 U.S. Highway 231

Wetumpka, AL 36093

Phone: (334) 567-4353

welchvetclinic@wlechvetclinic.com

 

John R. Grider, DVM

506 South Alabama Avenue

Monroeville, AL 36460

Phone: (251) 743-4061

Vet Clinic Fax: 251-575-7531

 

Robert E. Pitman, DVM

1701 U. S. Highway 72 East

Athens, AL 35611-4413

Phone: (256) 233-1515

REPPITMAN@PCLNET.NET

 

Robert D. Horne, DVM

Dept. Clinical Sciences, SVM

Tuskegee, AL 36088

Phone: 334/724-4162

horne@tuskegee.edu

 

William Sternenberg, DVM

1249 Meriwether Road

Montgomery, AL 36117

334-277-7302 (Home)

 

Debbie S. Whitten, LVT

2237 Bluff Road

Birmingham, AL 35226

205-823-5664 (Home)

 

Ms. Nancy L. Pett

3186 N. Bethel Road

Decatur, AL 35603

ndpett@msn.com

 

Legal Counsel

Todd E. Hughes, Esq., Assistant Attorney General

500 Dexter Avenue

Montgomery, AL 36130

thughes@ago.state.al.us

 

Tammy S. Wallace

Executive Director

Tammy.Wallace@asbvme.alabama.gov

 

RogerShuler

RogerShuler

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