FILED 12th JUDICIAL DISTRICT COURT Otero County 9/26/2019 1:34 PM KATINA WATSON CLERK OF THE COURT Sven Michael Sears STATE OF NEW MEXICO COUNTY OF OTERO TWELFTH JUDICIAL DISTRICT COURT CAUSE NO.: D-1215-CV-2019-00919 DIVISION: II STATE OF NEW MEXICO ex rel. JOHN P. SUGG, TWELFTH JUDICIAL DISTRICT ATTORNEY Plaintiff, vs. EDMOND CHRISTOPHER STALEY, and VETERINARY MEDICAL CLINIC, INC. d/b/a STALEY’S VETERINARY MEDICAL CLINIC, P.C. Defendant. AMENDED VERIFIED PETITION TO ENJOIN UNLICENSED VETERINARY MEDICAL PRACTICE AND FOR DISGORGEMENT OF ILLEGAL PROFITS The Plaintiff, STATE OF NEW MEXICO ex rel. JOHN P. SUGG, TWELFTH JUDICIAL DISTRICT ATTORNEY, by and through its undersigned counsel, files this petition to enjoin the unlicensed practice of veterinary medicine against Defendants EDMOND CHRISTOPHER STALEY, VETERINARY MEDICAL CLINIC, INC., d/b/a STALEY’S VETERINARY MEDICAL CLINIC, P.C., and in support thereof, states as follows: NATURE OF THE ACTION 1. This is a civil action brought by the plaintiff pursuant to Rule 1-066 NMRA, and NMSA 1978, §§ 61-14-1, et seq. (Veterinary Practice Act) seeking injunctive relief to restrain and enjoin Staley, and all those in active concert or participation with him, from engaging 1 in the practice of veterinary medicine without a license as defined under Veterinary Practice Act, and seeking equitable relief requiring Defendant to disgorge all illegal profits obtained through the unlicensed practice of veterinary medicine. PARTIES AND JURISDICTION 2. John P. Sugg (Sugg) is the duly elected District Attorney for the Twelfth Judicial District of the State of New Mexico, which is comprised of Otero and Lincoln Counties. 3. The district attorney is required to “prosecute…for the state in all courts of record of the counties of his district all cases, criminal and civil, in which the state…may be interested.” NMSA 1978 § 36-1-18 (2001). 4. The New Mexico Board of Veterinary Medicine (Board) is required to “examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in New Mexico and issue, renew, deny, suspend or revoke licenses.” NMSA 1978 § 61-14-5(A)(2017). 5. On or about September 10, 2019, the Board sought the assistance of the District Attorney’s Office to prevent Staley from the unlawful practice veterinary medicine. (Exhibit A) 6. Pursuant to NMSA 1978 Section 61-14-19 (1999), the Board or “any person” may bring an action in the district court to enjoin any person who is not a licensed veterinarian from engaging in the practice of veterinary medicine. 2 7. An action by the State on the relation of a duly elected district attorney is an appropriate mechanism for enjoining a person from the unauthorized practice of medicine. See State ex rel. Marron v. Compere, 1940-NMSC-041, 44 N.M. 414, 103 P.2d 273. 8. Edmond Christopher Staley (Staley) is a resident of Otero County, New Mexico. 9. Staley conducts business in Otero County, New Mexico, and holds himself out to the public as a licensed veterinarian. Staley operates the Veterinary Medical Clinic, Inc. and/or Staley’s Veterinary Medical Clinic, P.C., which located at 1810 E. 10th St., Alamogordo, NM 88310. Veterinary Medical Clinic, Inc. is a domestic nonprofit corporation that is not in good standing with the State of New Mexico. Staley’s Veterinary Medical Clinic, P.C. is a domestic profit corporation that is not in good standing with the State of New Mexico. 10. This Court has jurisdiction pursuant to NMSA 1978, Section 61-14-19. 11. Venue is proper in this Court under NMSA 1978, Section 38-3-1(A)(B). GENERAL ALLEGATIONS 12. Plaintiff incorporates and re-alleges the allegations of the proceeding paragraphs as if fully set forth herein. 13. The Board of Veterinary Medicine (Board) issued a license to Staley permitting him to practice veterinary medicine in February 1993. Staley was issued License No. DVM1535. 3 14. On May 28, 2014, the Board initiated a formal complaint against Staley after the Board discovered that Staley had never passed any national board examination, which is a condition of licensure. 15. Staley’s License No. DVM-1535 expired December 31, 2018. The Board would not renew Staley’s license due to him not having previously passed a national board examination. 16. Staley and the Board entered into an Amended Settlement Agreement resolving the complaint, which was approved the Board’s Chair, Rebecca J. Washburn, DVM, on February 6, 2019. (Exhibit B) 17. As part of the settlement, Staley agreed to take the North America Veterinary Licensing Examination (NAVLE) during the April 8-20, 2019 testing period. (Exhibit B) 18. Staley was granted a temporary license, DVM-3426, to practice veterinary medicine until he could sit for the NAVLE. 19. Staley agreed that if he did not sit for the NAVLE or did not receive a passing score on the NAVLE, Staley would voluntarily surrender his license held under the New Mexico Veterinary Practice Act. (Exhibit B) 20. In June 2019, Staley applied for reinstatement of his full license through the Board. Staley included a copy of a Performance Report which Staley claimed was his NAVLE results from an April 12, 2019 NAVLE. (Exhibit C) 21. The Board attempted to verify Staley’s NAVLE Performance Report through the International Council for Veterinary Assessment. The Board learned that someone had 4 altered the NAVLE Performance Report submitted by Staley, and that Staley had actually received a “Fail” score on the April 12, 2019 NAVLE. (Exhibit D) 22. On May 23, 2019, the Board revoked Staley’s temporary license to practice veterinary medicine. (Exhibit E) 23. Staley does not currently hold a valid license to practice veterinary medicine in the State of New Mexico. 24. The Board previously issued License VF-494, a veterinary clinic license, to the Veterinary Medical Clinic, Inc. (Clinic) on the condition that the Clinic had a licensed veterinarian overseeing the practice. Specifically, Staley was the Clinic’s licensed veterinarian who was required to manage the Clinic’s practice of veterinary medicine. 25. On May 23, 2019, the Board suspended the veterinary clinic license for the Clinic due to a lack of a New Mexico-licensed veterinarian. (Exhibit E) 26. Despite not having a license to practice veterinarian license, Staley and the Clinic continue to practice veterinary medicine as defined in NMSA 1978, Section 61-14-2. 27. The Board has exhausted all of its licensing disciplinary actions available to it, and despite the Board’s extensive efforts to get Staley to either come into compliance with its licensure requirements or to stop practicing veterinary medicine, Staley and the Clinic continue to engage in the unlawful practice of veterinary medicine. 28. On May 30, 2019, the United States Drug Enforcement Administration (DEA) conducted an on-site inspection on the Clinic. Staley released all controlled substances that he claimed he had in his possession. 5 29. During the on-site inspection, Staley surrendered his DEA Certificate and told DEA Agents that there were no open orders of controlled substances under his previous DEA registrations. Staley further told DEA Agents that he would not be administering or prescribing any prescriptions for controlled substances as he understood that he was no longer authorized to engage in any activities with controlled substances. 30. As of May 30, 2019, Staley does not currently have legal authority to possess, distribute, dispense and/or administer controlled substances. 31. Staley performed a surgery on an animal on August 19, 2019. During the surgery, Staley administered Ketamine, a Schedule III controlled substance, to the animal. 32. Staley’s unlicensed practice of veterinary medicine is putting the public and its companion animals at risk. 33. Staley’s unlawful possession, distribution, dispensing and/or administration of controlled substances is putting the public and its companion animals at risk. ALLEGATIONS FOR INJUNCTIVE RELIEF 34. Plaintiff incorporates and re-alleges the allegations of the proceeding paragraphs as if fully set forth herein. 35. Pursuant to NMSA 1978, Section 61-14-19, Plaintiff is entitled to an order from the Court enjoining Staley and the Clinic from further unlicensed practice of veterinary medicine. 6 ALLEGATIONS FOR DISGORGEMENT 36. Plaintiff incorporates and re-alleges the allegations of the proceeding paragraphs as if fully set forth herein. 37. Since May 23, 2019, Staley and the Clinic have engaged in the unauthorized practice of veterinary medicine without possessing a valid professional license to do so. Staley has collected a currently unknown amount of monies in exchange for his illegal services. 38. Plaintiff, on behalf of the State of New Mexico and the people of the State of New Mexico, is entitled to equitable relief through an order from the Court disgorging all such illegal profits Staley and the Clinic obtained from Staley’s illegal conduct with all disgorged profits to be deposited in the general fund of the State of New Mexico. PRAYER FOR RELIEF WHEREFORE, Plaintiff, the STATE OF NEW MEXICO ex rel. JOHN P. SUGG prays for: A. an order enjoining Staley and the Clinic from further unauthorized practice of veterinary medicine; B. an order requiring Staley and the Clinic to pay the New Mexico Department of Finance and Administration the amount of illegal profits gained by Defendants; C. the Plaintiff’s reasonable attorneys’ fees and costs associated with the investigation and litigation of this matter; D. such other and further relief the Court deems appropriate. 7 Respectfully Submitted by: John P. Sugg District Attorney 1000 New York Ave Room 101 Alamogordo, New Mexico 88310 (575) 437-3640 8 VERIFICATION STATE OF NEW MEXICO COUNTY OF OTERO John P. Sugg, Twelfth Judicial District Attorney, being ?rst duly sworn upon his oath, states that he has read the foregoing Complaint for Injunctive Relief, understands its contents, af?rms that its factual statements are true and correct "to the best of his knowledge, information and belief, and acknowledges his signature before the )7 undersigned on this day of September, 2019. SUBSCRIBED AND SWORN me wise/?lmy o??atember, 2019 OFFICIAL SEAL RACHEL SKINNER moms puauc sure or new MEXICO Sanm ,9 2024 WW claim?.1 My commission expires: ,-_;•t .-/)!:C;(J,h71. (Pre';ident) (Manager) (Owner) for the premises described in this Notice of Inspection; that I have read the foregoing and understand its contents; that I have authority to act in this matter and have signed this Notice of Inspection pursuant to my authority. I understand what my rights are concerning inspection. No threats or promises have been made to me and no pressure of any kind has been used against me. I voluntarily give consent for inspection of these controlled premises. (Date) / / * See Reverse FORM DEA-82 (11-01) Previous editions are obsolete U. S. Department of Justice - Drug Enforcement Administration DEA USE ONLY Fiie No. SURRENDER FOR CAUSE OF DEA CERTIFICATE OF REGISTRATION In view of my alleged failure to comply with the Federal requirements pe1taining to controlled substances or list 1 chemicals, and as an indication of my good faith in desiring to remedy any inc01Tect or unlawful practices on my pait, I hereby surrender for cause my Drug Enforcement Administration (DEA) Ce1tificate of Registration. I understand that submission of this document to DEA, including any employee of DEA, shall result in the immediate tennination of my registration. I understand that I am not entitled to a refund of any payments made by me in connection with my registration. I understand that, beginning on the date that I sign below, I am not authorized to order, manufacture, distribute, possess, dispense, administer, prescribe, or engage in any other activities with controlled substances or list I chemicals . With the understanding that I am not required to surrender my DEA Ce1tificate of Registration, I freely and under no duress, implied or expressed, execute this document and choose to take the action described herein. NAME OF REGISTRANT (Print) ADDRESS OF REGISTRANT Edmond Christopher Staley 1810 TENTH STREET ALAMOGORDO, NM 88310 DEA REGISTRATION NO. BS3706340 SIGNATURE OF REGISTRANT OR AUTHORIZED INDIVIDUAL DATE TITLE NAME AND DATE La \j \ rl \t\ I({£/\U q/Q.., T ITLE ( //JJ]J;JJu~ ~Ia J'-:.iD · / r PRIVACY ACT AUTHORITY: PURPOSE: ROUTINE USES: EFFECT: Section 301 of the Controlled Substances Act of 1970 (21 U.S.C 821) . Permit surrender for cause of DEA Certificate of Registration. The Controlled Substances Act Registration Records produce special reports as required for statistical analytical purposes. Disclosures of information from this system are made to the following categories of users for the purposes stated: A. Other Federal law enforcement and regulatory agencies for law enforcement and regulatory purposes . B. State and local law enforcement and regulatory agencies for law enforcement and regulatory purposes. C Persons registered under the Controlled Substances Act (21 U.S C 822 and 957) for the purpose of verifying the registration of customers and practitioners. Submission of this information is voluntary. 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