ORDERS:
ORDER
This matter came before the Administrative Law Judge Division on Petitioner's Complaint requesting the issuance of a
permanent injunction against Respondent pursuant to S.C. Code Ann. § 40-69-80 (A) (Supp.1999). A hearing was
conducted on September 20, 2000 at the Division, located at 1205 Pendleton Street in Columbia, South Carolina. Petitioner
was represented by Richard W. Simmons, II, Esquire. Respondent, who has heretofore proceeded pro se, failed to appear at
the hearing for this matter.
Upon consideration of the pleadings filed in this matter, the arguments of counsel for Petitioner, the evidence in the record,
and ALJD Rule 23, I make the following findings and conclusions:
- That this Court has personal jurisdiction over this Respondent and subject matter jurisdiction over the cause of action
presented.
- That Petitioner is an agency of the State of South Carolina which includes the Board of Veterinary Medical Examiners
(Board). The Board is duly constituted and statutorily mandated to regulate the practice of veterinary medicine in this
State pursuant to S.C. Code Ann. §40-69-10, et seq. (Supp. 1999).
- That Respondent was previously licensed by the Petitioner Board to practice veterinary medicine in South Carolina. In
response to the Board's initiation of a disciplinary action against Respondent, on or about October 5, 1998, he executed
an agreement to Voluntarily Surrender his license to practice veterinary medicine in this State.
- That Respondent has not held a license to practice veterinary medicine in this State since the Voluntary Surrender of his
license.
- That, during a period from approximately November 1998, through March 2000, Respondent performed One hundred
fifty-one (151) Equine Infectious Anemia Tests (Coggins Tests) upon various horses in and around York County, South
Carolina.
- That the performance of Coggins tests constitutes the practice of veterinary medicine in this State, as such is defined in
S.C. Code Ann. § 40-69-20 (1986). Therefore, Respondent's conduct constitutes the unlicensed practice of veterinary
medicine and is in direct violation of S.C. Code Ann. § 40-69-80 (A) (Supp.1999).
- That the large volume of Coggins tests performed by Respondent is an indication of his intent to continue the unlicensed
practice of veterinary medicine in this State, in violation of S.C. Code Ann. § 40-69-80 (A) (Supp.1999).
- That Respondent's conduct creates the potential for public harm and Petitioner has no other adequate remedy at law.
NOW THEREFORE, IT IS HEREBY ORDERED that Respondent, Dr Charles C. Shackleton, be and he hereby is,
effective immediately, permanently enjoined from further violation of S.C. Code Ann. § 40-69-80 (A) (Supp.1999).
Specifically, Respondent is enjoined from practicing veterinary medicine in this state until such time, if ever, as he is properly
licensed to do so by Petitioner.
AND IT IS SO ORDERED.
_______________________________
C. DUKES SCOTT
Administrative Law Judge
Columbia, South Carolina
October 9, 2000 |
