BEFORE THE ARIZONA VETERINARY MEDICAL EXAMINING BOARD
IN THE MATTER OF: Case No.: 18-101 CONSENT AGREEMENT FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER
HUGO SANTIBANEZ, DVM
Holder of License No. 1483 For the practice of Veterinary Medicine in the State of Arizona,
eee eee eee eee
Respondent.
In the interest of a prompt and judicious settlement of the above captioned matter before the Arizona State Veterinary Medical Examining Board (“Board”) and consistent with the public interest, statutory requirements and responsibilities Of the Board, and pursuant to A.R.S. §32-2201 et. seq. and A.R.S. § 41-1092.07 (F)(5), the undersigned party, Hugo Santibanez, DVM
(“Respondent”), holder of license No. 1483 for the practice of veterinary
|} medicine in Arizona and the Board enter into this Consent Agreement, Findings
of Fact, Conclusion of Law and Order (“Consent Agreement”) as final
disposition of this matter.
CONSENT AGREEMENT Respondent understands and agrees that: 1. The Board has jurisdiction over Respondent and the subject matter pursuant to A.R.S. §32-2201, ef. seg. 2. Respondent has the right to consult with an attorney prior to entering
into this Consent Agreement. Respondent has a right to a public hearing
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concerning this case. He further acknowledges that at such hearing he could present evidence and cross-examine witnesses. Respondent irrevocably waives his right to such a hearing.
3. Respondent irrevocably waives any right to a rehearing or review or to any judicial review or any other appeal of these matters.
4, The Consent Agreement, once approved by the Board and signed by the Respondent, shall constitute a public record, which may be disseminated as a formal action of the Board. Sufficient evidence exists for the Board to make the Findings of Fact and Conclusions of Law set forth in the Consent Agreement.
5. Respondent acknowledges and understands that this Consent Agreement will not become effective until the Board approves it and it is signed by the Board's Executive Director. Respondent acknowledges and agrees that Upon signing and returning this Consent Agreement to the Board's Executive Director, Respondent may not revoke his acceptance of the Consent Agreement or make any modifications to the document, regardless of whether the Consent Agreement has been issued by the Executive Director.
6. If any part of the Consent Agreement is later declared void or otherwise unenforceable, the remainder of the Order in its entirety shall remain in force and effect.
7. Respondent acknowledges that any violation of this Consent Agreement constitutes unprofessional conduct pursuant to A.R.S. § 32-2232 and may result in disciplinary action pursuant to A.R.S. § 32-2234,
8. This Consent Agreement and Order is effective on the date signed by
the Board.
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>t DATED this Sc day of Pioy 2018.
FINDINGS OF FACT
1. The Board is the duly constituted authority for the regulation and control of the practice of veterinary medicine in the State of Arizona.
2. Respondent holds license No. 1483 for the practice of veterinary medicine in the State of Arizona originally issued on July 9, 1983.
3, At the April 18, 2018, Arizona Veterinary Medical Examining Board Meeting, the Board opened an investigation regarding Respondent's non- compliance with Consent Agreement 17-97, In Re: Hugo Santibanez, DVM.
4. Consent Agreement 17-97 became effective on August 29, 2017; Dr. Santibanez's license was placed on Probation status for a period of two (2) years to obtain ten (10) hours of continuing education in the following:
° Eight (8) hours in controlled substance management and regulations; and |
° Two (2) hours in communications.
Payment of a $1750 civil penalty was also required to be paid prior to the end of the Probation period.
5. On October 19, 2017, Respondent submitted a plan to obtain the ten (10) hours of continuing education in compliance with his Consent Agreement
The Board approved the two (2) hours in communication and seven (7) of the
18-101 In Re: Hugo Santibanez, DVM
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eight (8) hours in controlled substance management and regulations. Dr. Santibanez still needed to submit a plan for one (1) hour of controlled substance management and regulations by October 28, 2017. The plan for that one (1) remaining hour was not received, nor did Dr. Santibanez or his staff contact the Board office to explain why he was unable to submit the final plan.
6. At the November 15, 2017 Board meeting, the Board granted Respondent a 3-month extension to submit a plan for the remaining one (1) hour of controlled substance management and regulations, with the deadline of submission of February 15, 2018.
7, On November 16, 2017, the Board's Executive Director, Ms. Whitmore, sent Ms. Gwenyth Shugart, Respondent's hospital manager, an email explaining that Respondent still had one (1) hour of continuing education remaining in controlled substance management and regulations that required a plan be submitted to the Board by February 15, 2018; Ms. Shugart acknowledged receipt. Ms. Whitmore also sent Respondent a letter on November 24, 2017 relaying the same information.
8. No information was received from Respondent; therefore, the Board opened an investigation due to non-compliance with the Consent Agreement.
9. On April 24, 2018, a Letter of Inquiry was sent to Respondent notifying him of the complaint and requesting a response.
10. On April 26, 2018, an email was received from Ms. Shugart stating that she had a family emergency in January 2018. Since Respondent completely depends on her to assist him with complying with his Consent Agreement, he was delayed on getting the information for the remaining CE to the Board for
approval.
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CONCLUSIONS OF LAW 11. The Findings of Fact constitute a violation of A.R.S. § 32-2232 (18)
violating a written order of the Board.
ORDER
1. Based upon the foregoing Findings of Fact and Conclusions of Law it is ORDERED that Beasendent: License No. 1483, pay a civil penalty of five hundred dollars ($500.00) in the form of a cashier's check, certified check, or money order made payable to the Arizona Veterinary Medical Examining Board within 30 days after the effective date of the Consent Agreement.
2. Respondent shall obey all federal, state and local laws/rules governing the practice of veterinary medicine in this state.
3, Respondent shall bear all costs of complying with this Consent Agreement.
4. This Consent Agreement is conclusive evidence of the matters described and may be considered by the Board in determining an appropriate sanction in the event a subsequent violation occurs. In the event Respondent
violates any term of this Consent Agreement, the Board may, after opportunity
for Informal Interview or Formal Hearing, take any other appropriate disciplinary
action authorized by law, including suspension or revocation of Respondent's
license.
ISSUED THIS ae OF Gere 2018.
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FOR THE BOARD:
ARIZONA STATE VETERINARY MEDICAL EXAMINING BOARD
Jim Loughead, Chairperson
By
Victoria Whitmore, Executive Director
Original of the foregoing filed
This_ /¢“day of Guns 2018 with:
Arizona State Veterinary Medical Examining Board 1740 W. Adams St, Ste. 4600 Phoenix, Arizona 85007
Copy of the foregoing mailed by Certified, return receipt mail This 78 day of Ghuns , 2018 fo:
Hugo Santibanez, DVM Adaress on file Respondent
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By:
Board Staff
18-101 In Re: Hugo Santibanez, DVM
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