The Virginian-Pilot
                            THE VIRGINIAN-PILOT  
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Thursday, August 24, 1995              TAG: 9508240499
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL  
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: CHESAPEAKE                         LENGTH: Medium:   82 lines

CORRECTION/CLARIFICATION: ***************************************************************** CLARIFICATION Dr. Robert M. May Jr., who practices at Smithfield Animal Hospital, is not the same Dr. Robert M. May who received disciplinary action while practicing at Actin Animal Hospital in Chesapeake. The Chesapeake facility was the subject of a MetroNews story on Aug. 24. Correction published Wednesday, September 6, 1995. ***************************************************************** VET FINED, REPRIMANDED BY STATE FOR NEGLIGENCE THE BOARD'S ACTION IS AT LEAST THE 4TH INVOLVING THE ACTIN CLINIC.

The head veterinarian at Actin Animal Hospital has been reprimanded and fined $1,300 for providing poor treatment to animals, failing to keep accurate records, and letting unlicensed staff members perform surgery and other procedures.

This was at least the fourth time the state Board of Veterinary Medicine has acted against Actin or its employees.

The board has found Dr. Aubrey Morgan negligent in the 1993 death of a dog that was agitated and salivating heavily. When a staff veterinarian asked Morgan to examine the dog, Morgan told him to put the animal in a cage until it calmed down. He never returned to check on the animal.

The board also found that Morgan provided substandard care in 1993 to a dog with a broken leg. During an operation at the Portsmouth Boulevard facility, Morgan did not pin the bones together properly. The leg had to be amputated.

The board also found that Morgan allowed a technician to perform surgery on an animal by suturing incisions. The board said he also failed to ensure that his staff kept accurate medical records.

The board approved these findings this month, after an informal fact-finding conference in June. Actin officials signed a consent order agreeing to these findings of fact, avoiding a formal hearing before the full board. ``We're not admitting to anything,'' said Jesse Johnson, the hospital's attorney. ``We don't agree with the findings, but we felt it was in our best interests . . . to put this episode behind us and try to get back to work.''

The seven-member board regulates Virginia's 2,100 veterinarians, 650 veterinarian technicians and 700 veterinary facilities. The board can revoke or suspend licenses; impose fines, probation and monitored probation; require continuing education or issue reprimands.

In the Actin case, board officials will make two unannounced inspections of the hospital within two years, including a random review of patient records. The hospital must pay $200 for each visit.

Last year, another Actin veterinarian, Dr. John W. Hamilton, was cited for the negligent care of Bear, a 4-year-old pet chow dog who died while being groomed at the hospital. Hamilton was reprimanded and fined $250.

Actin employees initially told Bear's owner, Michael Jory, that his dog died from a heart attack during grooming. A board investigation determined that the dog died from a sedative overdose.

Jory, who has fought for 2 1/2 years to shut down the hospital, also filed a $1.1 million suit against Actin last year. It alleges that Actin officials intentionally inflicted emotional distress on Jory by killing his pet. The case is pending.

``They have to pay for what they did,'' said Jory, a general sales manager at Kool Lincoln Mercury in Portsmouth. ``They're doctors, too, and they have to be held accountable.''

In 1994, another Actin veterinarian, Dr. Robert M. May, neutered a dog who later died. The board reprimanded and fined May $250.

In 1990, the board found that Actin had not properly cared for a St. Bernard that developed ulcers on its legs and feet and suffered kidney failure. This may have been caused by confining the large dog in a small cage without regular exercise, the board found. ILLUSTRATION: FILE

Still mourning

In another case, Bear, shown in a photo above held by his owner,

Michael Jory, died of a sedative overdose while he was being groomed

at the Actin clinic.

by CNB