1 1
IN THE CIRCUIT COURT OF CLINTON COUNTY
2
STATE OF MISSOURI
3 4
MISSOURI VETERINARY MEDICAL )
5
BOARD,
)
6 7
) Plaintiff,
)
8 9
) vs.
) Case No. 10CN-CV00842
10
)
11
BROOKE RENE GRAY and
)
12
B & B EQUINE DENTISTRY
)
13 14
) Defendants.
)
15 16 17
DEPOSITION OF DANA FENNEWALD
18
Taken on behalf of Defendant
19
September 7, 2011
20 21 22 23 24 25
2 1 2 3
I N D E X EXAMINATIONS Direct Examination by Mr. Roland
PAGE 5
4 5 6
EXHIBIT INSTRUCTIONS: Original exhibit is attached to original deposition.
7 8
EXHIBITS
9
Fennewald Exhibit No. 1
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Letter
PAGE
44
3 1
IN THE CIRCUIT COURT OF CLINTON COUNTY
2
STATE OF MISSOURI
3 4
MISSOURI VETERINARY MEDICAL )
5
BOARD,
)
6 7
) Plaintiff,
)
8 9
) vs.
) Case No. 10CN-CV00842
10
)
11
BROOKE RENE GRAY and
)
12
B & B EQUINE DENTISTRY
)
13 14
) Defendants.
)
15 16
DEPOSITION OF WITNESS, Dana Fennewald,
17
produced, sworn, and examined on September 7, 2011, between
18
8:00 a.m. and 6:00 p.m. of that day at the Office of the
19
Attorney General, Broadway State Office Building, 221 West
20
High Street, Jefferson City, Missouri, before Janna L.
21
Tayon, Court Reporter, CCR No. 1260, in a certain cause now
22
pending before the Circuit Court of Clinton County,
23
Missouri, wherein Missouri Veterinary Medical Board is
24
Plaintiff and Brooke R. Gray and B & B Equine Dentistry are
25
Defendants.
4 1
A P P E A R A N C E S
2 3
FOR THE PLAINTIFF:
4
MR. EDWIN R. FROWNFELTER
5
Office of the Attorney General
6
Fletcher Daniels State Office Building
7
615 East 13th Street, Suite 401
8
Kansas City, Missouri 64106
9
816.889.5019
10 11
FOR THE DEFENDANTS:
12
MR. DAVE ROLAND
13
Freedom Center of Missouri
14
5938 De Giverville Avenue
15
St. Louis, Missouri 63112
16
314.604.6621
17 18 19 20
CERTIFIED COURT REPORTER:
21
Janna L. Tayon, CCR NO. 1260
22
TIGER COURT REPORTING, LLC
23
3610 Buttonwood Drive, Suite 200
24
Columbia, Missouri 65201
25
573.886.8942
5 1
IT IS HEREBY STIPULATED AND AGREED by and
2
between Counsel for the Plaintiff and Counsel for the
3
Defendant that this deposition may be taken by JANNA L.
4
TAYON, a Certified Court Reporter, CCR 1260, thereafter
5
transcribed into typewriting, with the signature of the
6
witness being expressly requested.
7
DANA FENNEWALD
8
of lawful age, having been produced, sworn, and examined on
9
the part of the Defendant, testified as follows:
10
DIRECT EXAMINATION BY MR. ROLAND:
11 12
Q.
Could you state your name for the record,
please.
13
A.
Dana Fennewald.
14
Q.
Okay.
Ms. Fennewald, my name is Dave Roland.
15
I am an attorney with the Freedom Center of Missouri, which
16
is a nonprofit law firm in St. Lewis.
17
Ms. Brooke Gray.
18
And I represent
This, of course, is a deposition brought by
19
the Missouri Veterinary Medical Board against Ms. Brooke
20
Gray.
21
you know, my client is adverse to the Board that you work
22
for, there is no reason that our interaction needs to be
23
adversarial today.
24
collegial and, you know, ask the questions that we have,
25
and let you give me answers that you need to give.
And I want to say at the outset that just because,
I am going to do my best just to be
6 1
A.
Okay.
2
Q.
Have you given a deposition before?
3
A.
I have.
4
Q.
One.
5
A.
Uh-huh.
6
Q.
Okay.
7
One.
So you have a little bit of an idea of
how it works?
8
A.
A little bit.
9
Q.
I'll -- I'll refresh your memory.
So this is
10
an opportunity that I have, as the defendant's attorney, to
11
ask you questions about what you know about the Board of
12
Veterinary Medicine and what you know about certain aspects
13
of this case.
14
a representative of the Board, and we will explore that a
15
little bit when we get into some questions.
16
It is my understanding that you are here as
But a deposition is kind of like giving
17
testimony at a trial.
18
answers that you give might be used at trial.
19
things that will be a little bit different is, if I ask a
20
question that Mr. Frownfelter feels like he needs to object
21
to, he will have the opportunity to state his objection and
22
get it on the record.
23 24 25
You are under oath, and some of the One of the
And then, unless it is a very unusual circumstance, you will go ahead and provide the answer. A.
Okay.
7 1
Q.
And then the Judge will determine, at a later
2
date, whether the objection is valid and whether the answer
3
should be excluded.
4
A.
Okay.
5
Q.
So as we go through this, I am going to ask
6
you a series of questions, and then Mr. Frownfelter will
7
have the opportunity to ask you questions.
8
kind of go back and forth until we feel like we've gotten
9
all the questions out there that need to be asked.
And we will
If, at
10
any point, I ask a question that you feel like is unclear,
11
or you don't understand, just let me know and I will try
12
and clarify it for you, so you can provide the best answer.
13
A.
Okay.
14
Q.
Let's see.
One thing to remember with a
15
deposition is that the court reporter has trouble writing
16
down nonverbal responses, like nods or head shakes, and so
17
as much as possible, try and remember to respond verbally.
18
And, you know, if we miss something important, in all
19
likelihood, the court reporter will let us know.
20
A.
Okay.
21
Q.
And we'll be able to fix that.
You have the
22
opportunity to review the deposition and sign it before it
23
is finalized.
24
review.
25
You also have the opportunity to waive that
And it's really just your decision as to
8 1
whether you would like to review it and sign it.
2
know at this point whether you would like to do that or
3
whether you would like to waive your opportunity to review
4
it?
5
A.
I would probably want to review it.
6
Q.
Okay.
All right.
One more thing.
Do you
If at any
7
point you feel like you need a break, just let me know, and
8
we ought to be able to engineer a break for you.
9
ask that if I've asked a question, that you finish
10
responding to that question before we go to a break.
11
A.
Okay.
12
Q.
Does that make sense?
13
A.
Yes.
14
Q.
Okay.
15
A.
I do not.
16 17
Did you have any other questions?
MR. ROLAND:
Mr. Frownfelter, do you have
anything?
18
MR. FROWNFELTER:
19
MR. ROLAND:
20
I would
I'm good.
Okay.
BY MR. ROLAND:
21
Q.
Okay.
Ms. Fennewald, where are you employed?
22
A.
I employ -- I am employed at the Missouri
23
Veterinary Medical Board and the Board of Examiners for
24
Hearing Instrument Specialists.
25
Q.
Okay.
So you've got two hats you are
9 1
wearing?
2
A.
Yes.
3
Q.
I actually -- I'm -- I didn't quite catch the
4
name of the second --
5 6
A. Specialists.
7 8
Board of Examiners for Hearing Instrument
Q.
Okay.
Hearing.
And what is your position
with the Veterinary Medical Board?
9
A.
I'm the executive director.
10
Q.
Okay.
11
And what is your position with the
Board of Examiners for Hearing Instruments?
12
A.
Executive director, also.
13
Q.
Okay.
14
How long have you been the executive
director for the Veterinary Medical Board?
15
A.
Since 1995.
16
Q.
Okay.
As we go forward today, if I reference
17
the Board, I will be talking about the Veterinary Medical
18
Board.
19
A.
Okay.
20
Q.
Just so that we have that clear.
21
been the executive director for 16 years?
22
A.
Correct.
23
Q.
Okay.
24
A.
I worked for the Board, but in an
25
So you've
And prior to that?
administrative capacity since 1991, while I went to
10 1
college.
2
it was clerical.
3
Q.
4
So from '91 to '95, I worked for the Board, but
Okay.
So how did you come to be the
executive director?
5
A.
I was hired by the Board.
6
Q.
Okay.
7
So that's a Board decision and not a
gubernatorial appointment?
8
A.
That is correct.
9
Q.
Are you serving a set term, or is it
10
open-ended?
11
A.
It is open-ended.
12
Q.
Okay.
13
A.
No.
14
Q.
Okay.
15
Have you pursued any training or
education in dealing with animals?
16
A.
No.
17
Q.
Okay.
18
Are you a veterinarian yourself?
Do you have any family members who are
veterinarians?
19
A.
I do not.
20
Q.
Did you grow up on a farm?
21
A.
I grew up in the country.
22
Q.
In the country?
23
A.
But not per se a farm.
24 25
We farmed, but I
didn't grow up on a farm. Q.
I see.
Did you have animals on the farm?
11 1
A.
We had cows and pigs.
2
Q.
Cows and pigs.
3
the cows and pigs when you were growing up?
4 5
I always -- you know, feeding, but that was
Q.
Okay.
What are your responsibilities as the
executive director of the Veterinary Medical Board?
8 9
A. it.
6 7
A.
I am responsible for overseeing the licensing
and discipline of veterinarians, veterinary technicians,
10
veterinary facilities.
11
for the Board.
12 13
Did you deal directly with
Q.
I am also the custodian of records
How many people are on staff full time with
the Board?
14
A.
We have three full-time staff.
15
Q.
Okay.
16
A.
At the Board office.
17
Q.
And as far as the day to day operations of
18
the staff, what would a typical day look like for your
19
staff?
20
A.
We process applications.
We receive
21
complaints.
I don't know -- we get in documentation for
22
applications, like supporting documentations for
23
transcripts.
24
to other states.
25
renewals; we have to renew licenses.
We do verifications of licensures to be sent Depending on the time of year, we have Preparing for
12 1
meetings.
2
Q.
Yeah.
If you were going to estimate the
3
percentage of time that the office spends dealing with
4
license applications and renewals and things of that sort;
5
would you have a guess about what percentage of your time
6
that takes?
7
A.
My time or my staff's time?
8
Q.
The staff's time.
9
A.
All of it?
10 11 12 13 14 15
Probably staff time, I mean, we
probably have 75 percent of application processing. Q.
Okay.
Of the remaining 25 percent, how much
of that would you say is dedicated to receiving complaints? A.
Maybe 10.
I don't -- I mean, I don't know.
That is a hard estimate. Q.
When you receive complaints, are they more
16
typically complaints about licensed veterinarians or
17
complaints about unlicensed persons?
18
A.
Typically, it's about veterinarians.
19
Q.
Okay.
20
those be?
21
A.
And what sorts of complaints would
I don't know.
There could be, you know,
22
negligence, you know, individuals just thinking that their
23
animals were not treated properly.
24
complaints that animals that have passed away and, you
25
know, the client is upset, so they are trying to find out
And we get a lot of
13 1
what happened.
2 3
Q.
Okay.
As far as complaints about unlicensed
persons, what sort of complaints do those tend to be?
4 5
Things like that.
A.
Individuals practicing without licenses.
Is
that what you mean?
6
Q.
Yes.
If you were to receive a complaint
7
about an individual who is practicing without a license;
8
does it tend to be a complaint that an animal has been
9
injured?
10
A.
It could be.
Yes.
11
Q.
Does it tend to be?
Is it more likely than
12
not, that you're dealing with a situation where an animal
13
has been injured?
14
A.
I mean, we receive some.
15
typically, I couldn't answer that.
16
to --
17
Q.
Okay.
But, I --
That would be hard
Can you estimate a percentage of the
18
complaints about nonveterinarians that deal with animal
19
injuries?
20
A.
I couldn't estimate that.
21
Q.
Okay.
22 23 24 25
Do you have any sense about how many
complaints about unlicensed persons you receive in a month? A.
I mean, it just depends.
I mean, we may go
several months without receiving complaints altogether. Q.
Uh-huh.
14 1 2
A. month.
3 4
And then we may get, you know, six in a
So, I mean, it's hard to estimate that. Q.
So if you got six of those complaints, would
that be a pretty heavy month, as far as --
5
A.
Yeah.
It would be.
6
Q.
Okay.
And that's six complaints about
7
unlicensed persons, not six complaints total?
8
A.
No.
9
Q.
Okay.
10
Six complaints total. How frequently would you say you have
a month with that many complaints out of a year?
11
A.
I would say we have over six months that we
12
would get -- we get close to anywhere from 70 to a 100
13
complaints in a year.
So --
14
Q.
70 to 100 complaints total?
15
A.
In a year.
16
Q.
Okay.
Yes.
Or --
Total in a year.
And do you have an estimate about how
17
many of that 70 to 100 complaints are complaints about
18
unlicensed persons?
19
A.
No, I don't.
We don't -- we put them all in
20
a log.
21
many is -- off the top of my head, how many would be
22
unlicensed and not.
23 24 25
We don't keep track -- I mean, I don't know how
Q.
Okay.
Does the Board distinguish between
those types of complaints though? A.
When they put them in the log or when they
15 1
review them?
2
Q.
Either.
3
A.
Well, they know when they review them what
4
they -- we put them in the log differently, too.
5
just a different place we have to put if they're unlicensed
6
than if they're licensed.
7
see the complaint, they know that they are unlicensed
8
individuals.
9 10
Q.
Okay.
But then the Board, when they
Who is responsible for sorting those
out or logging them?
11
A.
I am.
12
Q.
You are?
13
And it's
So you're the person who's
reviewing each of these complaints?
14
A.
I am.
15
Q.
Okay.
But you can't take a stab at
16
approximately how many of these complaints are unlicensed
17
persons versus licensed vets?
18
A.
I wouldn't want to take an estimate -- or
19
make an estimate of that without, you know, reviewing our
20
logs.
I mean, I just honestly do not know how many.
21
Q.
Would you say it's less than 50 percent?
22
A.
It's probably less than 50.
23
Yes.
But I
wouldn't know how many.
24
Q.
Would you say it's one in three or fewer?
25
A.
I -- I couldn't say.
16 1 2
Q.
Okay.
Are any of your full-time staff
investigators?
3
A.
No.
4
Q.
Do you have any person that you typically
5 6 7
rely on to handle investigations for the Board? A.
We have a contract investigator that we
contract with.
8
Q.
Okay.
9
A.
William Burton.
10
Q.
Do you remember ever contracting with anyone
11
And what is his name?
else to conduct investigations?
12
A.
Bill subcontracts with John Gordon.
13
Q.
Does he let you know prior to sending
14
Mr. Gordon to assist with an investigation, or is that
15
simply at Mr. Burton's discretion?
16 17 18 19
A.
If he doesn't let us know before, John will
call us before he goes out to discuss the case. Q.
I see.
Do you know if Mr. Gordon has done
any of the investigating for Brooke Gray's situation?
20
A.
I don't recall.
21
Q.
Okay.
22
I don't think he did.
Now, just to be clear, you are not a
member of the Veterinary Medical Board, are you?
23
A.
No.
24
Q.
Okay.
25
A.
I do.
Do you attend their meetings?
17 1 2
Q.
Okay.
Do you participate in their
deliberations?
3
A.
I sit in on them.
4
Q.
But you do not participate?
5
A.
No.
6
Q.
And you don't vote?
7
A.
No.
8
Q.
Okay.
9
A.
I'm in the room when they take their votes.
Q.
I see.
10 11 12
Yes.
A.
14
a staff person.
15
Q.
16
responsibility?
17
A.
No.
18
Q.
Okay.
20
Who is responsible for recording the
events at these meetings?
13
19
But you observe the votes?
We have a staff -- I take notes, and so does
Okay.
But it's not exclusively your
Aside from taking notes, do you have
any responsibilities regarding the Board's meetings? A.
Responsibilities as -- I mean, we have to set
21
them up, we make the arrangements.
22
Taking notes.
23
Q.
Okay.
That's about it.
So you help schedule and get things
24
set up for them, and outside of that, your primary role is
25
taking notes.
18 1
A.
Yeah.
And if they have questions regarding,
2
you know, items on the agenda that we can, you know -- give
3
them, like, applications or things like that that we may
4
have insight in, then we will provide that information to
5
them, other than the material that they have.
6 7 8 9
Q.
Do you communicate with Board members about
the substance of the matters that they consider? A.
You mean, what they have -- I mean, they will
have the documents in front of them --
10
Q.
Right.
11
A.
-- of what they're discussing.
And if we --
12
they have questions that we may be able to answer, then we
13
will provide them with that information.
14
Q.
Okay.
So not only do you provide them with
15
the packets of information, you sometimes field questions
16
about that information?
17
A.
Uh-huh.
18
Q.
Okay.
19 20
Yes.
What kinds of questions might you get
from a Board member? A.
Well, if there's an application that they
21
have questions about.
If it's a, you know, a score
22
question about a test or an exam score, or verification
23
from the State, questions like that.
24
general correspondence, if they have questions if, you
25
know, we've received a call, or if we've talked to this
Just, if we have
19 1
person before they sent us a letter, you know, things like
2
that.
3 4
Q.
Okay.
Do Board members ever ask you to
conduct research for them?
5
A.
There's times.
6
Q.
Okay.
Yes.
In the context of a disciplinary
7
action, is it common for a Board member to ask you to do
8
some research for them?
9
A.
A disciplinary action?
10
Q.
Uh-huh.
11
A.
Like, what type of research?
12 13
I guess I'm not
understanding the question. Q.
Well, I don't -- I don't have a specific type
14
of research, just when the Board is considering whether to
15
discipline either a licensed vet or an unlicensed person,
16
would they ask you to gather information related to their
17
deliberations?
18
A.
I guess they could.
I mean, I guess there's
19
times that they would -- may ask us, but I can't really
20
remember any time that they've asked us about doing
21
research if they're going to be disciplined.
22
Q.
Okay.
So having the opportunity to observe
23
the Board's deliberations, do you have a sense of the type
24
of information they consider when they are evaluating one
25
of these disciplinary cases?
20 1
A.
We -- we provide them with that information.
2
Q.
Okay.
So you would be able to testify as to
3
the type of information that they consider in unlicensed
4
practice situations?
5 6
A.
Yeah.
If our office has that information
then, yes, we would.
7
Q.
Okay.
To the best of your understanding, are
8
there any limits on what you are able to testify about
9
today?
10
A.
Not that I am aware of.
11
Q.
Okay.
12
In this testimony, are you empowered
to speak on behalf of the Board?
13
A.
I can speak on behalf of the Board.
14
Q.
Okay.
15
binding on the Board?
16
A.
No.
17
Q.
Okay.
18
A.
Six.
20
Q.
Okay.
22
How many Board members are there
currently?
19
21
But your testimony today would not be
How does one become a member of the
Veterinary Medical Board? A.
They have to fill out an application with the
23
Governor's office, and they are appointed by the Governor
24
and confirmed by the Senate.
25
21 1 2
Q.
Are all of the Board members veterinarians?
3
A.
We have one public member.
4
Q.
Okay.
5
Are you aware if that public member
has any veterinarian background whatsoever?
6
A.
I do not think they do.
7
Q.
Okay.
8
Are there any particular
qualifications one must have to become a Board member?
9
A.
The requirements are set out in statute.
10
Q.
Okay.
11
And do -- do you know what those
requirements are, off the top of your head?
12
A.
They have to be in practice for so many
13
years, and be a resident of Missouri, but other than that,
14
I am not sure of the requirements.
15
Q.
Unless you are the public Board member?
16
A.
Yes.
17
Q.
Okay.
A.
I think it is usually four years, but that
18
Unless you are a public member. How long does a Board member's term
last?
19 20
they have to be either reappointed or replaced by the
21
Governor.
22
Q.
Okay.
24
A.
We do not have any committees.
25
Q.
Okay.
23
Are there any committees on this
Board?
So if a question is presented about
22 1
licensing or litigation, it comes before the full Board?
2
A.
Yes.
3
Q.
Okay.
4
A.
We are fee funded.
5
Q.
Okay.
6
Do you know how the Board is funded?
Does that mean that the Board is
funded exclusively on licensing fees?
7
A.
That is correct.
8
Q.
Okay.
9
A.
We receive no other general revenue.
10
Q.
Okay.
11 12 13 14 15 16
It receives no other tax support?
Do you know how many active licenses
the Board currently oversees? A.
Probably around three to four thousand,
counting vets, techs, and facilities. Q.
Okay.
And do you know what the annual fee is
for a license? A.
It is 50 for an active veterinarian, 25 for
17
an inactive veterinarian, 20 for a tech, and 10 for an
18
inactive tech.
19
Q.
Are there separate fees for facilities?
20
A.
Facilities is a $50 -- it's either $50 or $25
21 22
annual fee. Q.
Okay.
Does the Board keep track of licensed
23
veterinarians who are in large animal practice as opposed
24
to small animal practice?
25
A.
We do not keep track of that.
No.
23 1 2
Q.
Okay.
specialties?
3
A.
No.
4
Q.
Okay.
5
So the Board does not keep track of
Does the Board recognize any special
certifications or qualifications?
6
A.
No.
7
Q.
Is it correct that one of the Board's
8
responsibilities is to enforce Chapter 340?
9
A.
That is correct.
10
Q.
Okay.
11
And 340 is the chapter that deals with
licensed vets; is that correct?
12
A.
Yes.
13
Q.
Okay.
14
A.
I am.
15
Q.
If a member of the public has a question
Are you familiar with that statute?
16
about this statute, do you have any sense of who they would
17
call to have that question answered?
18
A.
They would call our office.
19
Q.
Okay.
20
Would your office be able to answer
questions about Chapter 340?
21
A.
22
handle all calls.
23
that we have to refer them to the Board.
24 25
Q.
On most cases, the Board office is able to There is times some questions come in
Okay.
What sorts of questions would those be
that you would have to refer to the Board?
24 1 2 3
A. head.
I can't think of any right off the top of my
I can't think of any. Q.
Do the three people who work under you tend
4
to field most of the calls, or do you field calls with some
5
regularity?
6 7
A.
It depends.
Most of the time the staff
fields them.
8
Q.
Okay.
9
A.
But I do take calls also.
10
Q.
Okay.
Of the calls that you yourself have
11
fielded, have you ever gotten questions about certain
12
actions and whether they would be legal under Chapter 340?
13
A.
Yes.
14
Q.
What types of questions would you get in that
15 16
regard? A.
Well, we get chiropractic questions, equine
17
dental questions, massage therapy questions.
18
all I can think about right now.
19
Q.
Okay.
That's really
In your experience, do these questions
20
typically come from animal owners, or do they typically
21
come from people seeking to perform these tasks?
22
A.
We get calls from both.
23
Q.
From both.
24
than the other?
25
A.
No.
It's not more likely to be one
25 1
Q.
Okay.
So if a farmer calls and says, I am
2
interested in having some massage therapy done for one of
3
my animals, what answer would you typically give?
4
A.
That if they are not a licensed veterinarian,
5
they would have to be under the immediate supervision of a
6
licensed veterinarian.
7
Q.
Okay.
And if someone called with a question
8
about teeth floating, what kind of a response would you
9
give?
10 11
A.
The same.
They have to be either a licensed
veterinarian or --
12
Q.
Or under the supervision?
13
A.
-- immediate supervision.
14
Q.
Okay.
Does your answer on questions like
15
this depend on whether the person providing the service
16
would be paid or not?
17
A.
No.
18
Q.
Okay.
19
A.
We would tell them, regardless, that answer,
20
that they would have to be either licensed or under the
21
immediate supervision.
22
getting paid.
We typically don't ask if they're
23
Q.
So you don't ask, or it doesn't matter?
24
A.
We don't ask that question.
25
Q.
Okay.
In your understanding of Chapter 340,
26 1
would providing one of these services, even if you're not
2
paid for it, still constitute the unlicensed practice of
3
veterinary medicine?
4
A.
I would think that if they were still not
5
getting paid for it, it would be the practice of veterinary
6
medicine, but I am not a veterinarian, so I couldn't answer
7
that -- or I'm not a member of the Board, so --
8 9
Q.
Okay.
So if you had that question, would you
typically ask the Board before responding, or would you
10
tell the person this is going to be considered the practice
11
of veterinary medicine?
12
A.
We would tell them that it would be
13
considered the practice of veterinary medicine, and if they
14
would want us to further ask the Board, we could.
15
would have to send it in writing -- that question in
16
writing, and it would have to go on the agenda for the
17
Board to review.
18
Q.
19
Okay.
They
But citizens have the option of asking
for a kind of an advisory opinion --
20
A.
Yes, they do.
21
Q.
-- from the Board?
Can you remember any
22
examples of citizens having asked such an advis-- asked for
23
such an advisory opinion?
24
A.
Regarding fees, or just in general?
25
Q.
In general, about what would be considered
27 1 2
the practice of veterinary medicine. A.
Most of the questions regarding the practice
3
of veterinary medicines don't come from citizens.
4
come from, you know, other veterinarians or --
5
Q.
I see.
6
A.
So --
7
Q.
So what sort of a question would a
They
8
veterinarian ask about what constitutes the practice of
9
veterinary medicine?
10
A.
Well, there's procedures that are not spelled
11
out in black and white in their practice act that they may
12
have questions on that we get calls about.
13
Q.
That licensed vets would call about?
14
A.
They could.
15
Q.
Okay.
Yes.
You said a minute ago that you -- that
16
you actually have gotten calls from licensed vets with
17
questions about what constitutes the practice of veterinary
18
medicine.
19
A.
20 21
Or did I misunderstand you? We can.
Yeah.
We do get calls from
veterinarians. Q.
You do get calls from veterinarians?
When
22
you receive one of those calls, do you get any indication
23
as to why the veterinarian is asking the question?
24
A.
They may explain to us on the phone.
25
Q.
Uh-huh.
28 1 2 3
A.
I mean, some do, some don't.
It just depends
on the caller. Q.
Okay.
When you have gotten an explanation
4
for why a veterinarian is asking a question like that, what
5
would a representative answer of theirs be?
6
A.
From our office?
7
Q.
Well, let me -- let me clarify it.
When a
8
veterinarian explains why they are calling, what do they
9
typically say if they've got a question about something
10 11
constituting the practice of veterinarian medicine? A.
They just may say that they were reviewing
12
our practice act and they did not see, you know -- I don't
13
know, I can't even think of an example.
14
not listed in our practice act, and they would want to know
15
if the Board actually considered that a practice of
16
veterinary medicine.
17
Q.
Okay.
Something that was
Do you have any sense of how
18
frequently you get questions about the -- about what
19
constitutes the practice of veterinary medicine?
20
A.
No.
We have three people in our office.
I
21
don't get notified every time somebody calls and asks those
22
questions.
23 24 25
Q.
Would you say that it is unusual for you
personally to get a question like that? A.
Probably not unusual, but it is not frequent
29 1
either.
2
Q.
I see.
Are the members of your staff allowed
3
to ask the Board about what constitutes the practice of
4
veterinary medicine?
5
A.
Questions come in, and they usually send them
6
to me, and I will either address the Board -- or if we have
7
to address the Board, it is usually in writing.
8 9
Q.
Sure.
Okay.
If there is a question
submitted to the Board, do they typically deliberate among
10
themselves to reach the answer or do they look to someone
11
else to provide the answer?
12
A.
The Board members?
13
Q.
Yes.
14
A.
They look at our practice act, and that's
15
really all they do.
16
Q.
Okay.
Do the Board members seek advice from
17
the Attorney General's office when they receive a question
18
like this?
19 20 21 22 23
A.
They could.
I mean, we have an attorney in
Q.
Is it the same attorney in each meeting?
there. Is
it a designated attorney? A.
It's -- it depends.
Right now, we've had the
24
same one for quite a while, but the Attorney General's
25
office sometimes swaps them out, so --
30 1
Q.
In your experience, if the Board is
2
deliberating on a question of whether a certain practice
3
constitutes veterinary medicine, do they tend to rely on
4
their own understanding, or do they tend to seek input from
5
the Attorney General -- or the attorney in the room?
6
A.
I mean, the way they make their decision, I
7
really can't tell you.
8
can only tell you what the decisions are really.
9
Q.
They are all individuals, and we
All right.
But you would know if they were
10
asking the attorney for the attorney's perspective or if
11
they were simply deliberating among themselves -- among the
12
Board members; isn't that correct?
13
A.
That -- I -- I'm in the room.
14
Q.
Okay.
Yes.
So is it more usual for them to
15
deliberate among themselves or is it more usual for them to
16
seek input from the attorney that is in the room?
17
A.
There again, it depends on the situation.
18
they need an attorney's advice, they will address the
19
attorney.
20
Q.
21 22
And that's -How frequently would you say that they need
the attorney's advice? A.
I really couldn't answer that.
I mean,
23
during the meeting -- the attorney is there the whole
24
meeting.
25
Q.
If
I mean -- I couldn't answer that. Let's talk about alleged violations of
31 1
Chapter 340.
How would one of these alleged violations
2
come to the Board's attention?
3
A.
An official complaint.
4
Q.
Okay.
5
And who's allowed to submit an
official complaint?
6
A.
Anyone.
7
Q.
So any member of the public?
8
A.
Any member of the public.
9
Q.
Okay.
10
And you review those complaints when
they come in?
11
A.
I do.
12
Q.
And when they come in, is it apparent whether
13
the complaint is from a lay person or whether it is from a
14
licensed veterinarian?
15 16 17 18
A.
Yeah.
They have to put their name on the
Okay.
So anonymous complaints are not
complaint. Q. allowed?
19
A.
No.
20
Q.
Okay.
21
complaints?
22
A.
23
under me.
24
Q.
25
Do staff members ever initiate
Not -- I mean, I have before, but not anyone
Okay.
Was your complaint regarding the
unlicensed practice of veterinary medicine?
32 1 2
A.
recall what it was.
3 4
Q.
7
Well, I'm not -- I don't
It's been a while.
Do you ever remember a Board member
initiating a complaint?
5 6
Not that I recall.
A.
They may have.
I'm not a hundred percent
Q.
Are you aware of any aspects of Chapter 340
sure.
8
that would prevent a Board member from initiating their own
9
complaint?
10 11 12 13 14
A.
I don't think there's anything in there that
would prohibit them. Q.
When a complaint is filed about a licensed
veterinarian, what sort of a complaint usually would it be? A.
As I said earlier, it could be negligence,
15
you know, people lose their pets and they want to find out
16
why, it could be a number -- or any reason, fees -- which
17
we don't take care of, but --
18
Q.
Once the Board becomes aware of a potential
19
violation of Chapter 340, is there an established procedure
20
that begins?
21 22
A.
If they know violations, yeah.
If there's
violations, there's a procedure that they follow.
23
Q.
Okay.
24
A.
Well, depending on the violation, they can
25
Could you describe that procedure?
refer it to the Attorney General's office and have them do
33 1
settlement agreement or, you know -- depending on what the
2
terms are that they've decided upon, suspension, probation,
3
revocation, censure.
4
Q.
But would that be the first step that once
5
the complaint arrives, the Board immediately starts
6
discussing what the penalty might be?
7
another -- or are there other steps between that?
8 9
A.
Or is there
Well, when we get a complaint, it is
acknowledged.
10
Q.
Okay.
11
A.
And if it's -- a copy of the complaint is
12
sent to the veterinarian.
They get an opportunity to
13
respond to the complaint.
Then it is placed on the agenda
14
for the Board to review.
15
they will determine if additional information is needed --
16
if we need to do an investigation, call the individual in
17
to talk to them.
18
if any type of discipline should be taken.
Then once the Board reviews it,
And then from there, they will determine
19
Q.
Okay.
20
A.
Or if the case should be closed for no
21 22
violations. Q.
Okay.
Do you have a sense of how long it
23
usually takes for a case to go from the initial complaint
24
to a resolution?
25
A.
Well, the Board only meets every three --
34 1
three months, so, you know, a complaint -- depending on
2
when we receive a complaint, they have so many days to
3
respond, so it could take anywhere from three months to six
4
months for a complaint to be reviewed the first time,
5
depending on when we received it.
6
Q.
Okay.
Do all people who -- okay.
When
7
someone is notified that a complaint has been filed against
8
them, do they always have the opportunity to respond?
9 10
A.
A veterinarian -- we're talking -- a
veterinarian always has an opportunity to respond.
11
Q.
But a nonveterinarian might not have?
12
A.
The nonveterinarian complaints are handled a
13
little differently.
They get acknowledged, but then they
14
get put on the agenda for the Board to review.
15
Q.
I see.
16
A.
And then the Board determines if it warrants
17
an investigation.
18
Q.
Okay.
Do you remember any complaint about a
19
nonveterinarian in which the nonveterinarian was given an
20
opportunity to respond before the investigation?
21
A.
I don't recall any.
22
Q.
Okay.
23
A.
They're all handled in the same manner.
24
Q.
Okay.
25
No.
Can you remember any complaints about
nonveterinarians in which the Board decided not to initiate
35 1
an investigation?
2
A.
I don't recall any.
3
Q.
Okay.
So to the best of your memory, every
4
time the Board receives a complaint about a
5
nonveterinarian, they initiate an investigation?
6 7 8 9 10 11 12
A.
To the best of my ability.
Yes.
That's
their usual route. Q.
Okay.
So when the Board decides to initiate
an investigation, how do they notify the investigator? A.
We send, or I send a direct-- a directive to
Bill Burton. Q.
Okay.
Does the Board give you very defined
13
instructions for that letter, or do you have some
14
discretion in writing that letter?
15 16 17
A.
The Board will determine what the -- what
they want the investigator to do in those cases. Q.
Okay.
So what are some of the things that
18
the Board might ask the investigator to do in the case of
19
alleged unlicensed practice?
20
A.
Well, they'll typically have them speak to
21
the complainant, contact the individual that is the subject
22
of the complaint, and try to determine, you know, if the
23
allegations are true or -- and then, you know, any
24
documentation he can obtain.
25
Q.
So when we're talking about an alleged
36 1
unlicensed practice, is the complainant usually a licensed
2
vet?
3 4 5 6 7
A.
I mean, they are, but we get public
complaints also from unlicensed individuals also. Q.
Okay.
And can you give an example of what
one of those complaints might look like or entail? A.
Just -- like I don't -- just an individual
8
practicing without a license.
9
know exactly how they're -- they don't look any different
10 11
I don't -- I mean, I don't
than if it was a veterinarian. Q.
So would it be someone expressing
12
disappointment with the services that they received, or
13
would it be someone who merely observed someone else -- a
14
nonveterinarian providing certain services?
15
A.
I mean, it could be either.
16
Q.
But they -- you don't have -- one is not more
17
likely than the other as far as crossing your desk?
18
A.
No.
Huh-uh.
19
Q.
Okay.
Do you remember any specific examples
20
of a lay person, a nonveterinarian, submitting a complaint
21
about another nonveterinarian where the animal was injured?
22
A.
I don't recall.
23
Q.
Okay.
24 25
Once an investigation is initiated, to
whom does the investigator report? A.
He reports that to us -- or in my office, and
37 1
then it goes to the Board.
2 3
Q.
So to your office, and then I'm
assuming you would relay the reports to the Board?
4 5
Okay.
A.
They would be put on the agenda for the Board
to review at their next meeting.
6
Q.
Okay.
And when you pass along those reports,
7
are you passing along simply what Mr. Burton has written,
8
or do you add anything to that?
9
A.
We would have what Mr. Burton has written,
10
any documentation that he has obtained, the complaint, any
11
documentation that is relevant to that file.
12 13
Q.
Okay.
Who makes decisions about the course
of the investigation?
14
A.
As to what Bill would do?
15
Q.
Yeah.
Is Mr. Burton basically left to make
16
decisions for himself, or does he rely on someone else to
17
approve decisions that he makes regarding the
18
investigation?
19
A.
Well, he gets directives from the Board, but
20
then there is times where if he has a lead on, you know,
21
someone that may help us in the case, he will take that
22
lead.
23 24 25
I mean, he has the initiative to do that, so -Q.
Does the Board typically put limits on the
amount that can be spent on any given investigation? A.
They haven't in the past.
38 1 2
Q.
Okay.
Do you monitor how much is being spent
on investigations?
3
A.
We have a -- our financial reports that we
4
get monthly that has that information on it.
And he
5
submits an invoice for each complaint -- or each
6
investigation.
I'm sorry.
7
Q.
Do you personally regularly review those?
8
A.
I have to sign off on them.
9
Q.
Okay.
10
Can you estimate what the typical
investigation would cost?
11
A.
No.
12
Q.
It just varies?
13
A.
It varies.
Q.
Do you recall ever calling off an
14 15 16
I couldn't.
It depends on the location, time
spent.
investigation because it was getting too expensive?
17
A.
I don't recall that.
18
Q.
It's kind of money is no object?
19
A.
Money's an object, but, I mean, we just
20 21
No.
haven't had that issue ever. Q.
When the Board takes a complaint about
22
unlicensed practice under consideration, is that typically
23
in an open meeting or in a closed meeting?
24
A.
Closed.
25
Q.
Okay.
Always?
39 1
A.
Always.
2
Q.
Okay.
3
place in public?
4
A.
No.
5
Q.
And the only nonBoard members present would
So their deliberations would not take
6
be yourself, and possibly an attorney from the Attorney
7
General's office?
8
A.
We have a staff person.
9
Q.
That's right.
10
A.
And we have a public member.
11
Q.
But they're part of the Board?
12
A.
Yeah.
They're part of the Board.
13
Q.
Okay.
And you never make recommendations to
14
The other person taking notes.
the Board about matters that they're considering?
15
A.
No.
16
Q.
Okay.
Do the representatives from the
17
Attorney General's office ever make recommendations to the
18
Board about matters they are considering?
19 20
MR. FROWNFELTER:
Objection based on
attorney/client privilege.
21
MR. ROLAND:
I'm not asking about the
22
substance of the recommendation, I'm asking if a --
23
recommendations are made.
24 25
MR. FROWNFELTER: question.
You can answer the
40 1
THE WITNESS:
I guess they would.
Legally
2
speaking, they can make recommendations, but they don't
3
really give -- make a recommendation.
4
BY MR. ROLAND:
5 6 7
Q.
They give advice.
In your experience, does the Board usually
follow that advice? A.
I would say it would depend on -- on the --
8
typically, they probably do, but I would say there are
9
times, you know, they wouldn't.
10 11
Q.
Okay.
But not very often.
Do you remember any specific times
when they did not follow advice?
12
A.
No.
13
Q.
Okay.
Okay.
So I need you -- I need to
14
check my understanding of this process.
When the Board is
15
considering a potential violation for unlicensed practice,
16
my understanding is there are a number of potential
17
outcomes.
18
dismissal; is that correct?
One of those outcomes would be outright
19
A.
They could close the case.
20
Q.
Okay.
21
A.
Uh-huh.
22
Q.
Under what circumstances would the Board
23
close the case?
24
A.
25
They could close the case.
If they, during the course of the
investigation, did not find that the individual was
41 1 2
actually practicing without a license. Q.
Okay.
I think you testified earlier that you
3
don't recall any dismissals when it came to unlicensed
4
practice?
5
A.
I did not recall any.
6
Q.
Okay.
7
No.
One of the other options would be to
write a cease and desist letter; is that correct?
8
A.
That's correct.
9
Q.
How frequent would you say that is the first
10
step for the Board as far as one of these outcomes?
11
A.
After the investigation?
12
Q.
After the investigation.
13
A.
That would be the typical first step.
14
Q.
So would you say 90 percent of the time,
15
100 percent of the time?
16
A.
I would say at least 90.
17
Q.
At least 90.
18
Yes.
Okay.
And you write the cease
and desist letters?
19
A.
Yes.
20
Q.
With clear instructions from the Board?
21
A.
Correct.
22
Q.
Okay.
One of the other possible outcomes, as
23
I understand it, is a situation can be referred to the
24
Attorney General's office for an Administrative Hearing
25
Commission action; is that correct?
42 1
A.
On unlicensed practice cases, we usually do
2
cease and desist, and then if they continue to practice,
3
then you would go to the AG's office.
4
Q.
Okay.
Would -- when they -- in an unlicensed
5
practice scenario or where there is an allegation of
6
unlicensed practice, would that case ever go in front of
7
the Administrative Hearing Commission?
8
A.
Not that I'm aware of.
9
Q.
Okay.
10
So the Administrative Hearing
Commission is only for licensed vets?
11
A.
That would be my understanding.
12
Q.
Okay.
13
A.
I've never had a case go in front of them.
14
Q.
Okay.
So one of the other options is
15
referred to the Attorney General's office for an injunction
16
action; is that correct?
17
A.
Yes.
18
Q.
Do you remember any case, other than Brooke
19
Gray's, that has been sent to the Attorney General's office
20
for an injunction action?
21 22 23
A.
We had one other case, but it was actually a
veterinarian who was practicing without a license. Q.
I see.
So it was a veterinarian who was --
24
who had been previously been licensed in Missouri, or was
25
he licensed in another state?
43 1
A.
Previously licensed to Missouri.
2
Q.
Okay.
3
A.
I think their vet -- they may have had it --
4
no.
5
been current either.
6
current.
7
I'm trying to think.
Q.
Their vet license may not have
Their facility permit was not
I know that for sure. Okay.
But as you recall, the issue in that
8
case was not competence, it was whether they had complied
9
with procedural requirements?
10
A.
I think it was more procedural.
11
Q.
Okay.
12
Do you recall what year that was,
approximately?
13
A.
No.
14
Q.
Okay.
15
A.
I don't.
16
Q.
Don't recall whether it was early in your
17
tenure or whether it was more recent?
18
A.
It was probably -- I don't -- I can't recall.
19
Q.
Okay.
Now, as you understand it, is it also
20
an option to refer a situation to the authorities for
21
criminal prosecution?
22
A.
We've never done that.
23
Q.
But is it an option?
24
A.
I think we have to follow the procedure --
25
the cease and desist and the injunction.
44 1 2
Q.
Okay.
Has that procedure ever been
formalized?
3
A.
What procedure?
4
Q.
The --
5
A.
Cease and desist --
6
Q.
-- cease and desist, then injunction, then X?
7
A.
I don't know.
8
that the Board follows.
9 10
I mean, that's the procedure
Q.
Okay.
But you're not -- you don't know if
that's ever been formalized anywhere?
11
A.
I -- I'm not aware of it.
12
Q.
Okay.
Are you aware of any part of
13
Chapter 340 that prevents the Board from pursuing criminal
14
action?
15 16
A.
Prevents them?
Without having my book in
front of me, I -- that just kind of slips my mind.
17
Q.
Okay.
When you send a cease and desist
18
letter, do you typically inform the recipient that criminal
19
prosecution is an option?
20 21 22 23 24 25
A.
There may be a sentence in there that says
that. MR. ROLAND:
I don't have any exhibit
stickers, but could we mark this as Fennewald Exhibit 1? (Fennewald Exhibit No. 1 was marked for identification.)
45 1
BY MR. ROLAND:
2
Q.
Do you recognize that letter, Ms. Fennewald?
3
A.
Yes, I do.
4
Q.
Is that a letter that you wrote?
5
A.
Yes.
6
Q.
Okay.
7
And in the last sentence of the second
paragraph, could you read that for me, please?
8
A.
The last line or the last sentence?
9
Q.
The last sentence.
10
A.
If you do not cease and desist immediately,
11
the Board will consider pursuing an injunction in circuit
12
court 30 days from the date of this letter to stop the
13
conduct pursuant to Section 340.276 RSMo, and to request
14
the prosecutor to file criminal charges against you
15
pursuant to Section 340.294 RSMo.
16 17
Q.
Okay.
So you do, in fact, inform recipients
of these letters that criminal action is a possibility?
18
A.
Yes.
19
Q.
Are you aware of anything that would prevent
20
the Board from providing evidence gathered as part of its
21
investigation to prosecuting authorities in a criminal
22
action?
23 24 25
A.
I -- I mean, we have never done it, so I
don't -- I can't really answer that. Q.
Are you aware of anything that would prevent
46 1
the Board from doing such?
2
A.
I don't see why -- I don't see anything, no.
3
Q.
Okay.
So to the best of your understanding,
4
the Board would be permitted to share with prosecuting
5
authorities any evidence that it gathers as part of one of
6
its investigations?
7
A.
The way that the letter -- that last line
8
reads, that they can -- they can request the prosecutor to
9
file criminal charges.
10
Q.
I don't know that that quite answered my
11
question, so I'd like to ask it again:
12
knowledge, the Board could share evidence that it gathers
13
as part of one of its investigations with prosecuting
14
authorities for a criminal action?
15 16
A.
To the best of your
I -- I think by the way that is wrote, they
could, is what my answer --
17
Q.
Okay.
18
A.
-- is.
19
Q.
Okay.
Speaking broadly, when the Board
20
receives a complaint about either a licensed vet or a
21
nonveterinarian, does it -- does the Board keep track of
22
the types of injuries that have been alleged where animals
23
are alleged to have been injured?
24
A.
No.
25
Q.
Okay.
So there's no way for the Board to say
47 1
that one type of injury is more common than another?
2
A.
No.
3
Q.
Okay.
4
And the Board does not keep track of
how many complainants had to euthanize their animals?
5
A.
No.
6
Q.
Do representatives of the Board ever offer
7 8 9
testimony on bills pending before the legislature? A.
If they do, they have to get special approval
from the Division and the Department.
10
Q.
I see.
11
A.
And the Governor's office, actually, also, in
12
order to testify.
13
Q.
Are you aware of that ever happening?
14
A.
No.
15
Q.
Okay.
So to the best of your knowledge, the
16
Board does not testify regarding bills before the general
17
assembly?
18
A.
19 20
They -- they do not.
Unless, like I said,
they go through that approval process. Q.
Does the Board ever receive information from
21
private associations, such as the Veterinary Medical
22
Association?
23
A.
Do we receive information?
24
Q.
Yes.
25
A.
We receive correspondence and stuff from
48 1
them.
2
Yes. Q.
Newsletters. Okay.
Are there any other types of
3
correspondence, besides newsletters, that you might receive
4
from the Veterinary Medical Association?
5
A.
We try to work with the Association, so -- I
6
mean, they may send, you know, us information that they may
7
be working on or information that they received
8
regarding -- or questions that they've recently had from
9
veterinarians or -- you know, we try to have a good working
10
relationship with them, so --
11 12
Q.
How common would you say correspondence is
with the State Veterinary Medical Association?
13
A.
It just kind of depends on the time of the
14
year.
15
and forth through, you know, legislation, annual meeting
16
time.
17
I mean, we may have more correspondence going back
Q.
Okay.
Let's talk about the definition of
18
veterinary medicine.
You're familiar with the definition
19
that's in Chapter 340.
20
A.
Uh-huh.
21
Q.
Okay.
Correct?
And as currently defined, veterinary
22
medicine is the science of diagnosing, treating, changing,
23
alleviating, rectifying, curing, or preventing any animal
24
disease, deformity, defect, injury, or other physical or
25
mental condition; does that sound correct?
49 1
A.
Uh-huh.
2
Q.
Okay.
Yes.
So can we agree that according to this
3
definition, it is the practice of veterinary medicine to
4
diagnose an animal's injury?
5
A.
Correct.
6
Q.
Okay.
7
of veterinary medicine to treat an animal's disease?
8
A.
Yes.
9
Q.
Okay.
10
Can we agree that it is the practice
Can we agree that it's the practice of
veterinary medicine to rectify an animal's defect?
11
A.
If that is how it's stated in there.
12
Q.
Okay.
Well, you -- you recall that the
13
definition specifically says "rectifying" and it
14
specifically says "an animal defect"?
15
A.
Okay.
16
Q.
Okay.
17
Yes.
Can we agree that it's the practice of
veterinary medicine to prevent an animal's injury?
18
A.
Yeah.
19
Q.
Okay.
Can we agree that it's the practice of
20
veterinary medicine to change an animal's physical or
21
mental condition?
22
A.
Like -- I can't -- you know, it's hard to
23
remember the exact words of that, but if that's what it
24
states in there, then yes.
25
Q.
Okay.
Are you familiar with the practice of
50 1
branding animals?
2
A.
I know what it is.
3
Q.
Okay.
So would you agree that branding an
4
animal is applying hot metal to its skin or fur and
5
creating a permanent mark on the animal?
6
A.
Uh-huh.
7
Q.
Okay.
8
Yes.
Would that change an animal's physical
condition?
9
A.
I'm not a veterinarian, so --
10
Q.
Okay.
11
A.
-- I would not be able to answer that.
12
Q.
I'm not asking for a veterinarian's
13
interpretation, I'm asking -- based on the words of this
14
definition.
15
MR. FROWNFELTER:
I'm going to object to the
16
question and the grounds that the witness is not qualified
17
as either a veterinarian or a lawyer.
18
extent that the question attempts to solicit a position
19
from her that constitutes either a veterinary opinion of
20
the Board or a legal position of the Board, there is -- the
21
witness does not have a foundation.
22
and the witness does not have the qualification to answer
23
that question.
24 25
MR. ROLAND: record.
And so, to the
It's not been laid,
I will note two things for the
The first is that the witness has already
51 1
testified that she frequently interprets these words for
2
people who call in asking questions about what constitutes
3
the practice of veterinary medicine.
4
asking for a legal interpretation, I'm asking for a plain
5
application of the words of this statute.
6
And secondly, I'm not
It does not require veterinary knowledge, nor
7
does it require legal knowledge.
8
objection on the record, I will ask the question again.
9
BY MR. ROLAND:
10 11 12
Q.
With Mr. Frownfelter's
Does branding change an animal's physical
condition based on a plain meaning of the words? A.
If someone were to call us and ask us that,
13
we would not be able to interpret that because it is not
14
black and white in the statute.
15
Q.
I understand.
That is not my question.
My
16
question is, based on a plain meaning of those words, does
17
branding an animal change its physical condition?
18
A.
I don't know if I'm comfortable with
19
answering that question, because, as I said, we don't
20
actually interpret something that is not black and white in
21
that statute.
22 23 24 25
Q.
I will ask again, because you have not
answered my question. MR. FROWNFELTER:
I'm going to make a
continuing objection that the question is irrelevant to the
52 1
extent that he's asking for a personal or linguistic
2
interpretation, and it lacks a foundation.
3
lacks the ability to answer to the extent that it calls for
4
either a veterinary or a legal interpretation.
5
a continuing objection to all questions regarding whether
6
any particular practice in the terms of the question
7
constitutes changing an animal's condition.
8 9 10
MR. ROLAND: noted.
The witness
And that's
Mr. Frownfelter's objection is
The question is relevant for purposes of
constitutional evaluation.
11
BY MR. ROLAND:
12
Q.
The question is, based on a plain meaning of
13
these words, does branding an animal, in your opinion, does
14
it change an animal's physical or mental condition?
15
A.
I still am unable to answer that question.
16
If I answer that question, it's only on my behalf.
17
I've said, we don't interpret -- if someone were to call
18
into the office and say, Branding -- we would not be able
19
to tell them that that is the practice of veterinary
20
medicine, because it is not spelled out in black and white.
21
They would have to go to the Board for a decision.
22
Q.
Okay.
But as
I am not leaving this question yet,
23
but I will add, what additional information do you need for
24
the question to be black and white?
25
A.
If it is not listed in the statute as a --
53 1
like a -- there's several of them that are listed.
2
is not listed in there, we do not tell individuals that
3
that is the practice of veterinary medicine.
4
have to write the Board and the Board would have to make
5
that decision.
6
Q.
They would
And it would have to be a Board decision.
I am asking for your opinion.
I am not
7
asking you to speak for the Board.
8
opinion as a lay person.
9
would change that animal's physical condition?
I'm asking for your
Do you believe branding an animal
10
MR. FROWNFELTER:
11
THE WITNESS:
Continuing objection.
I guess branding would be -- I
12
mean, this is my own personal opinion, I'm not a
13
veterinarian.
14
BY MR. ROLAND:
15 16
Q.
19 20
It would change their physical appearance.
Okay.
Again, asking for your opinion, based
on a plain meaning of these words -- let me step back.
17 18
If it
Are you familiar with the process of dehorning animals? A. procedure.
I've heard of it, but I don't know the I don't know --
21
Q.
Okay.
22
A.
-- I don't know what they do.
23
Q.
So if someone talked about dehorning an
24 25
animal, you would not know what they were talking about? A.
I -- common sense would tell me what -- that
54 1
they were somehow or other de-- getting rid of the horns,
2
but I don't -- I don't know if that is accurate.
3
Q.
So my question to you then would be, as a lay
4
person, your own opinion, applying the ordinary meaning of
5
these words, would it change an animal's physical condition
6
to saw off horns?
7
MR. FROWNFELTER:
8
THE WITNESS:
9
Continuing objection.
There again, if someone were to
call, my same response as earlier, we would not be able to
10
provide them with that information.
11
I would assume that that would have changed their
12
appearance.
13
BY MR. ROLAND:
14 15
Q.
Are you familiar with the practice of
castration?
16
A.
Yes.
17
Q.
Okay.
18
But as an individual,
Would you disagree with me that that
involves cutting off the testicles of an animal?
19
A.
Yeah.
20
Q.
Okay.
I'm asking for your own opinion, based
21
on an ordinary understanding of these words, would
22
castrating an animal alter the animal's physical condition?
23
MR. FROWNFELTER:
24
THE WITNESS:
25
Continuing objection.
That would be a surgical
procedure in my mind, so it would alter the animal.
55 1
BY MR. ROLAND:
2
Q.
It would change their physical condition?
3
A.
It would change them, but it would be a
4
surgical procedure that would have to be done on that
5
animal.
6
Q.
My question is, based on an ordinary
7
understanding of the words, would it change the animal's
8
physical condition?
9 10 11 12
A.
It would change their physical condition, I
Q.
Okay.
guess. Are you familiar with the practice of
trimming animal's hooves?
13
A.
Uh-huh.
14
Q.
Okay.
15
Would you agree that that means you
are cutting parts off of the hoof?
16
A.
I assume, yes.
17
Q.
Okay.
Based on a plain ordinary meaning of
18
the words, asking for your opinion as a lay person, does
19
cutting parts off of an animal's hoof change that animal's
20
physical condition?
21
MR. FROWNFELTER:
22
THE WITNESS:
23 24 25
Continuing objection.
I would assume.
BY MR. ROLAND: Q. horses?
Are you familiar with the practice of shoeing
56 1
A.
Yes.
2
Q.
Based on a plain meaning of these words,
3
would nailing metal shoes to a horse's hoof constitute
4
changing that animal's physical condition?
5
MR. FROWNFELTER:
6
THE WITNESS:
Continuing objection.
I guess if you're adding
7
something to their body it would.
8
BY MR. ROLAND:
9
Q.
Okay.
Have you ever received questions about
10
whether horse shoeing constitutes the practice of
11
veterinary medicine?
12
A.
I have not, personally.
13
Q.
Are you aware of anyone who has received
14
questions about whether shoeing horses is the practice of
15
veterinary medicine?
16
A.
No, I'm not.
17
Q.
If you received a call from someone asking
18
whether shoeing horses was the practice of veterinary
19
medicine, what would your answer be?
20
A.
We would have to have them write to the
21
Board, and they would have to -- the Board would have to
22
make that decision.
23 24 25
Q.
Okay.
Are you familiar with the practice of
tail docking? A.
I've heard of it.
57 1 2
Q.
Okay.
Would you disagree that it is cutting
off part of an animal's tail?
3
A.
No.
4
Q.
Okay.
Asking for your personal opinion, with
5
the words used in their ordinary meaning, is cutting off
6
part of an animal's tail changing that animal's physical
7
condition?
8
MR. FROWNFELTER:
9
THE WITNESS:
10 11 12
I would assume, yes.
BY MR. ROLAND: Q.
Okay.
Are you familiar with the practice of
notching ears?
13
A.
I've heard of it.
14
Q.
Okay.
15 16 17 18
Continuing objection.
Would you disagree that notching an
ear is cutting off part of the animal's ear? A.
I assume that's what they do.
I have not
seen the procedure. Q.
Okay.
If notching an animal's ear is cutting
19
off part of an animal's ear, using the ordinary meaning of
20
the words, would that constitute changing an animal's
21
physical condition?
22
MR. FROWNFELTER:
23
THE WITNESS:
24 25
Continuing objection.
I guess.
BY MR. ROLAND: Q.
Are you familiar with cutting animal's nails?
58 1
A.
Trimming their nails?
2
Q.
Okay.
3
to dogs and cats?
4
A.
Uh-huh.
5
Q.
Okay.
Yeah.
You know that this is frequently done
Using the ordinary meaning of the
6
words, is cutting an animal's nails changing that animal's
7
physical condition?
8
MR. FROWNFELTER:
9
THE WITNESS:
10 11
Continuing objection.
I guess, yes.
BY MR. ROLAND: Q.
Using the ordinary meaning of the words,
12
would cutting an animal's fur or hair change the animal's
13
physical condition?
14
MR. FROWNFELTER:
15
THE WITNESS:
Continuing objection.
I don't think it would -- their
16
physical appearance, but I'm -- I don't see where this is
17
relevant.
18
BY MR. ROLAND:
19
Q.
It's relevant because the constitution asks
20
what the plain meaning of words are sometimes, especially
21
when there are questions about how laws are going to be
22
applied.
23
hearing these words and what your understanding of them
24
would be.
25
relevant, because we have raised constitutional issues in
So the relevance is in you, as a lay person,
So I hope that that clarifies why this is
59 1
this case.
2
You mentioned earlier that -- and correct me
3
if I'm not remembering this properly, but you said that you
4
don't recall making distinctions between activities that
5
are done for compensation and activities that are not done
6
for compensation.
7
testimony on that point?
8
A.
9
for compensation.
10
Q.
Am I remembering correctly your
If we get phone calls, we don't ask if it's
Okay.
So when you receive one of those phone
11
calls, do you assume that there is compensation?
12
why you don't ask?
13 14
A.
We don't -- we just don't ask.
Is that
I don't --
it's just not something that we do.
15
Q.
Okay.
So an ordinary citizen calling in with
16
a question about the practice of veterinary medicine might
17
be left with the impression that any of these activities
18
could constitute the practice of veterinary medicine,
19
regardless of whether any compensation trade -- changes
20
hands?
21
A.
The questions that you just asked me?
22
Q.
Or any of the questions that you get about
23 24 25
the practice of veterinary medicine? A.
If it's the question that is not listed in
there, they go to the Board, and the Board answers those
60 1
questions.
2
include in their response to that individual.
3
it's -- we don't -- it's not something that anybody that
4
calls up we ask are they getting paid for it.
5
that's not a typical thing that we do.
6
Q.
So that would be something that the Board may
Okay.
I mean,
I mean,
Have you ever known the Board to take
7
a position on whether compensation is a factor in
8
determining whether something is the practice of veterinary
9
medicine?
10
A.
I don't recall.
11
Q.
So as far as you know, the Board's position
12
might well be that any person who performs these acts would
13
be practicing veterinary medicine, even if they're not
14
getting paid for it?
15
A.
I would say it would depend on the situation.
16
Q.
Okay.
17
A.
I mean, I don't know.
You have to have
18
specific situations, so -- I would -- typically, they would
19
probably have to be compensated for it.
20
Q.
Okay.
Based on what?
21
A.
Based on what -- I'm confused.
22
Q.
Well, you said, "typically, they would have
23
to be compensated for it" and so I'm asking why typically
24
would they have to be compensated for it?
25
A.
I don't know.
61 1
Q.
Okay.
We appear to have some confusion and
2
I'll just let that go.
3
testimony is that a citizen simply could not know whether
4
they would be breaking the law by performing one of these
5
acts unless they specifically ask the Board for a ruling on
6
whether compensation was a necessary element for the
7
practice of veterinary medicine?
8 9
A.
So am I understanding that your
I'm saying that if an individual calls our
office and asks if that is the practice of veterinary
10
medicine and it is not listed in our practice act, the
11
Board would have to be the one to respond to that
12
individual.
13
how that individual would find out if it is the practice of
14
veterinary medicine.
15 16
Q.
And however they vote to send that response is
Okay.
So they would not know for sure until
the Board issued its --
17
A.
Decision.
18
Q.
-- decision?
Okay.
Now my understanding is
19
that you treat working on a horse's teeth as something
20
specifically set out in the practice of veterinary
21
medicine; is that correct?
22
A.
Dentistry.
23
Q.
Okay.
24 25
Does -- in your understanding, does
dentistry apply to anything that's done on the teeth? A.
I mean, as far as the practice act, I think
62 1 2
there's a definition of dentistry in there. Q.
Okay.
But your understanding and the
3
understanding that you convey to people who call with
4
questions, is that anything they do with an animal's teeth
5
would be considered the practice of veterinary medicine,
6
regardless of whether any compensation takes place?
7
A.
I think that there is a clause in our rules
8
that there may be some things that -- like a technician can
9
do that's not considered the practice of veterinary
10
medicine.
11
further determine what they were doing to see if we could
12
help them or if that would have to be something that the
13
Board would have to determine.
14
Q.
So we would have to get the information to
Okay.
Let's try some hypotheticals to try
15
and put meat on the bones here.
16
Farmer Brown, and Farmer Brown has six horses.
17
of your understanding, does Chapter 340 allow Farmer Brown
18
to float his own horses' teeth?
19 20 21 22
A.
Let's say that there is To the best
You can do anything you want with your own
horses. Q.
Okay.
So just to clarify, Farmer Brown would
be permitted to float his own horses' teeth?
23
A.
He can float his own horses' teeth.
24
Q.
Okay.
25
To the best of your understanding,
does Chapter 340 allow Farmer Brown to have one of his
63 1
full-time employees float his horses' teeth?
2
A.
I don't think so.
3
Q.
Okay.
If a citizen called in with that
4
question, would you refer them to the Board, or would you
5
simply say that would be the practice of veterinary
6
medicine and is not allowed?
7
A.
If he's having his employee?
8
Q.
Yeah.
9 10 11 12
A full-time employee floating his
horses' teeth. A.
We would probably have Board clarification on
it just to make sure. Q.
Okay.
To the best of your understanding,
13
does Chapter 340 permit Farmer Brown to have his neighbor
14
come over and float his teeth, assuming there's no
15
compensation involved?
16 17 18
A.
That would be something too that we would
have to have the Board look at. Q.
So the only way that Farmer Brown could know
19
if this is permissible, is to contact the Board with a
20
formal question and then wait for them to answer it?
21
A.
Correct.
22
Q.
Okay.
To the best of your understanding,
23
does Chapter 340 permit Farmer Brown to pay a licensed
24
veterinarian to float his horses' teeth?
25
A.
He could pay a veterinary to float his teeth.
64 1
Q.
Okay.
To the best of your understanding,
2
does Chapter 340 permit Farmer Brown to have a specially
3
trained floater, with decades of experience and a perfect
4
safety record, float his horses' teeth, as long as no money
5
changes hands?
6
A.
I don't believe that they could.
7
Q.
Okay.
8
A.
It would be my opinion, but that would have
Even if no money changes hands?
9
to be up to the Board.
10
to be up to the Board.
11 12
Q.
Okay.
No.
I would say no, but it would have
Has the Board made a determin-- a
determination on this question?
13
A.
That they can't do it?
14
Q.
Yeah, that -- have they addressed this
15
question whether Farmer Brown or any animal owner could
16
have a very experienced, you know, nonveterinarian with a
17
perfect safety record perform services for no compensation?
18
To the best of your knowledge, the Board has not addressed
19
that question?
20
A.
They may have addressed it.
21
Q.
But you're not aware if they have?
22
A.
I mean, I don't know about the no
23
compensation.
24
I do not recall what their outcome was.
25
Q.
I mean, I think they've discussed that, but
Okay.
And so, if someone called in with that
65 1
question, you would automatically refer them to the Board?
2
You would not look at the records of the Board's
3
deliberations to see if they've already answered this
4
question?
5
A.
6
type questions.
7
situation is different, so they would go to the Board.
8 9 10 11
Q.
Typically, these questions are not every day So we would put -- have them -- and each
So even if the Board had answered a similar
question one way, if you present them a slightly different set of facts, they may have a completely different outcome? A.
No, typically, they're pretty consistent with
12
their answers, but each situation is different, so, I mean,
13
we can tell them this is typically what the Board has said,
14
if you would like to write in, then you may write in.
15
Q.
Okay.
So is it your understanding that the
16
Board has rendered decisions about animal massage and
17
whether that constitutes the practice of veterinary
18
medicine?
19
A.
I believe they've indicated that they have to
20
be under the immediate supervision of a licensed
21
veterinarian in order to do it.
22
Q.
Okay.
So -- so the Board has decided that it
23
is unlawful for a nonveterinarian to provide animal massage
24
without the direct supervision of a licensed vet; is that
25
correct?
66 1
A.
Immediate supervision.
2
Q.
Immediate supervision.
Okay.
To the best of
3
your knowledge, has the Board rendered a decision in
4
regards to castrating animals?
5 6
A.
a surgical procedure.
7 8
It would be a -- it is my understanding it's
Q.
Okay.
So are you aware of the Board
rendering a decision on this, or is that just a hunch?
9
A.
I'm -- it's just a hunch.
I am assuming that
10
if it's a surgical procedure, it's listed in the
11
definition -- surgery.
12
Q.
So your understanding is that a rancher would
13
not be permitted to go out and find some hired hands to
14
help them cut cattle without the direct supervision of a
15
licensed vet?
16
A.
I -- it would be -- it would have to be under
17
the immediate supervision, but I don't -- since it's a
18
surgical procedure, I don't know if they could even do
19
that.
I don't know.
20
Q.
Okay.
21
A.
We haven't talked specifically about
22 23
castrations. Q.
Okay.
And again, the only way to have this
24
question resolved is for someone to submit that question in
25
writing to the Board and let them deliberate on that?
67 1
A.
That is correct.
2
Q.
So what you're saying is, that question
3
cannot be answered simply by reading the language of the
4
statute?
5
A.
If it is -- we can read them the definition,
6
but if it's not -- if they're asking specifically about
7
castrations -- I mean, they may want to have -- write the
8
Board.
9 10 11
Q.
Okay.
But you're saying you could not answer
that question without putting it before the Board? A.
I would not feel comfortable answering that
12
question if someone called up and said, I'm Farmer whoever,
13
and I have a bunch of cows that I want my neighbor to do.
14
I would not feel comfortable telling him that that was okay
15
to do without the Board's directive.
16
Q.
Okay.
Do you recall any specific procedures
17
that have been brought before the Board, where the Board
18
has said this is not the practice of veterinary medicine?
19
A.
I don't recall.
20
Q.
Okay.
21 22 23 24 25
Do you know if there is any way to
find that information? A.
The only way would be to go through the
minutes. Q.
Okay.
So just to be clear, it is your
testimony, as the Executive Director of the Missouri
68 1
Veterinary Medical Board, that it might well be illegal for
2
nonveterinarians to castrate animals?
3
MR. FROWNFELTER:
Objection to the extent
4
that the witness, a nonlawyer, is being asked to offer an
5
opinion on legality.
6
doesn't have the qualification to answer that.
7
There isn't a foundation, and she
MR. ROLAND:
My response for the record is
8
that this is the only representative of the Board of
9
Veterinary Medicine that has been provided to us to answer
10
these questions.
11
executive director does answer questions about legality,
12
and so the foundation has been laid for this particular
13
question.
14 15 16
It has already been testified that the
You may answer. THE WITNESS:
Can you repeat the question.
BY MR. ROLAND: Q.
Yes.
Is it your testimony, as the Executive
17
Director of the Missouri Veterinary Medical Board, that it
18
may well be illegal for a nonveterinarian to castrate
19
animals?
20 21 22
A.
To castrate others' animals.
You could --
you can do whatever you want to your own animals. Q.
Okay.
It is your testimony, as the Executive
23
Director of the Missouri Veterinary Medical Board, that it
24
would be -- or could be illegal for a farmer to hire
25
someone to -- a nonveterinarian, to castrate their animals?
69 1
MR. FROWNFELTER:
2
THE WITNESS:
3 4
Continuing objection.
I would say it could be, yes.
BY MR. ROLAND: Q.
Okay.
It is your testimony, as the Executive
5
Director of the Missouri Veterinary Medical Board, that it
6
could be illegal for a rancher to hire someone to brand
7
their animals?
8
MR. FROWNFELTER:
9
THE WITNESS:
Continuing objection.
We don't -- the branding issue
10
we've not -- we do not have questions about that, so I
11
really cannot hardly answer that.
12
BY MR. ROLAND:
13
Q.
I'm -- I'm not asking if this is a matter
14
that's been resolved, I'm asking if it's your testimony
15
that it is entirely possible that the Board might decide
16
that it is illegal.
17
A.
18
would be illegal.
19
been brought to our attention.
20 21
Q.
I guess the Board can -- could decide that it I -- I mean, it's not something that has
Okay.
So you don't see anything in the
statutory language that puts this out of the question?
22
A.
I don't -- I mean, it could be illegal, yes.
23
Q.
And the same thing could be said for tail
24 25
docking; is that correct? MR. FROWNFELTER:
Continuing objection.
70 1 2 3 4
THE WITNESS:
I guess.
BY MR. ROLAND: Q.
And the same thing could be said for
dehorning?
5
MR. FROWNFELTER:
6
THE WITNESS:
7
I -- I'm assuming.
BY MR. ROLAND:
8
Q.
9
animal's hooves?
And the same thing could be said for trimming
10
MR. FROWNFELTER:
11
THE WITNESS:
12 13 14
BY MR. ROLAND: Q.
And the same thing could be said for horse
shoeing? MR. FROWNFELTER:
16
THE WITNESS:
18 19
BY MR. ROLAND: Q.
And the same thing could be said for trimming
an animal's nails? MR. FROWNFELTER:
21
THE WITNESS:
23 24 25
Continuing objection.
Yeah.
20
22
Continuing objection.
I -- yeah.
15
17
Continuing objection.
Continuing objection.
I'm assuming.
Yes.
BY MR. ROLAND: Q.
And the same thing could be said for cutting
an animal's hair or fur? MR. FROWNFELTER:
Continuing objection.
71 1
THE WITNESS:
I could -- that is to me -- to
2
me, personally, that one is just -- I cannot imagine that
3
the Board would think that it would be illegal, but I guess
4
anything is possible.
5
BY MR. ROLAND:
6 7
Q.
How do you distinguish cutting an animal's
fur or hair from --
8
A.
I don't.
9
Q.
Okay.
You just testified that there is
10
something about that that is different in your mind from
11
these other practices.
12
A.
But I'm not -- I don't make that decision.
13
I'm saying, in my mind, that I don't understand why that's
14
in there.
15
Q.
You don't understand why --
16
A.
Why you're bringing that -- I know it's
That's all I'm saying.
17
changing the physical appearance or condition or whatever
18
you said, but it's -- I'll just answer the question yes.
19
MR. ROLAND:
20
questions I have for now.
Okay.
I think that's all the
21
MR. FROWNFELTER:
22
(Off the record.)
23
(PRESENTMENT WAIVED; SIGNATURE REQUESTED.)
24 25
I have nothing.
72 1
C E R T I F I C A T E
2 3
I, Janna L. Tayon, a Certified Court Reporter, CCR
4
No. 1260, the officer before whom the foregoing deposition
5
was taken, does hereby certify that the witness whose
6
testimony appears in the foregoing deposition was duly
7
sworn by me; that the testimony of said witness was taken
8
by me to the best of my ability and thereafter reduced to
9
typewriting under my direction; that I am neither counsel
10
for, related to, nor employed by any of the parties to the
11
action in which this deposition was taken, and further that
12
I am not a relative or employee of any attorney or counsel
13
employed by the parties thereto, nor financially or
14
otherwise interested in the outcome of the action.
15 16 17 18
______________________________ Janna L. Tayon, CCR
19 20 21 22 23 24 25
73 1
Tiger Court Reporting, LLC 3610 Buttonwood Drive, Suite 200 Columbia, Missouri 573.886.8942
2 3 4 5 6
September 16, 2011 Ms. Dana Fennewald c/o Missouri Veterinary Board 3605 Missouri Boulevard Jefferson City, Missouri 65109-7111
7 In Re:
Missouri Vet Bd. vs. Gray, et al.
8 Dear Ms. Fennewald: 9 10
Please find enclosed the copy of your deposition, taken on September 7, 2011, in the above-referenced case. Also enclosed is the original signature page and errata sheet.
11 12
Please have read the copy of the transcript, indicate any changes and/or corrections desired on the errata sheet, and sign the signature page before a Notary Public.
13 14 15 16 17 18
Please send the errata sheet and notarized signature page to Mr. Dave Roland, Freedom Center of Missouri, 5938 De Giverville Avenue, St. Louis, Missouri, 63112, for filing prior to the trial date. Thank you for your attention to this matter. Sincerely, Janna L. Tayon, Certified Court Reporter
19 20 21 22 23 24 25
Enclosure cc: Mr. Dave Roland Mr. Edwin Frownfelter
74 1
STATE OF _________________)
2
COUNTY OF ________________)
3
I, Dana Fennewald, do hereby certify:
4
That I have read the foregoing deposition;
5
That I have made such changes in form and/or
6
substance within the deposition as might be necessary to
7
render the same true and correct;
8 9 10 11
That having made such changes thereon, I hereby subscribe my name to the deposition. I declare under penalty of perjury that the foregoing is true and correct.
12 Executed this ______ of __________, 2011, at ____ 13 __________________________________________________________ 14 15
__________________________ Notary Public
16 17
My commission expires:___________________________
18 19
___________________________ Dana Fennewald
20 21
Signature page to Mr. Roland JLT/DF 09/16/11
22 23 24 25
Mo Vet Bd. vs. Gray, et al.
75 1 2 3 4
WITNESS ERRATA SHEET Witness Name: Dana Fennewald Case Name: Missouri Vet Bd. vs. Gray, et al. Date Taken: September 7, 2011 Page: Line: Should read: Reason for change:
5 6 7
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
8 9 10
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
11 12 13
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
14 15 16
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
17 18 19
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
20 21 22
Page: Line: Should read: Reason for change: Page: Line: Should read: Reason for change:
23 Reporter: 24 25
Janna L. Tayon, CCR
76 1
COURT MEMO IN THE CIRCUIT COURT OF CLINTON COUNTY
2 3 4
STATE OF MISSOURI MISSOURI VETERINARY MEDICAL BD. ) vs.
) Case No. 10CV-CV00842
BROOKE R. GRAY, et al.
)
5
CERTIFICATE OF OFFICER AND STATEMENT OF DEPOSITION CHARGES
6
(Rule 57.03 (g) (2) (a) & Sec., 492.590 RSMO 1985)
7
DEPOSITION OF DANA FENNEWALD Taken on Behalf of Defendant
8 9
September 7, 2011 Name and address of person or firm having custody of the original transcript:
10
Mr. Dave Roland Freedom Center of Missouri 5938 De Giverville Avenue
11
St. Louis, MO 63112
12
TAXED IN FAVOR OF: Mr. Roland .......... TOTAL: $__________
13
TAXED IN FAVOR OF: Mr. Frownfelter.......TOTAL: $__________
14 Upon delivery of transcripts, the above charges had not 15
been paid.
It is anticipated that all charges will be paid
in the normal course of business. 16 17 18 19 20 21 22 23 24 25