It's frustrating but the law: Vet can still practice

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It's frustrating but the law: Vet can still practice
Wednesday, October 20, 2004
M ore than 10 weeks after six diseased, undernourished horses were seized from her Banks-area farm, Susan A. Matlock can still practice as a veterinarian in Oregon.

It upsets her former clients and disturbs members of the Oregon Veterinary Medical Examining Board.

That's how the law works. It assumes innocence until proven otherwise.

And that's especially frustrating for Jonathan E. Betts, a Woodburn veterinarian who leads the state examining board. He said it looks as if the board is unwilling to do anything, while in reality there is little its members can do until the legal issues are resolved.

And that will take time.

Matlock was accused Aug. 5 of six counts of animal neglect after Washington County investigators discovered the Tennessee walking horses in a stable, apparently without food or water. Each was underweight, and one required surgery to repair a badly infected leg.

Matlock ultimately turned over the horses to an animal rescue group. Pete, a stallion with the leg injury, is recovering from surgery. The others have been adopted to new homes.

Matlock was in Circuit Court on Monday and rejected a plea bargain that would have avoided a trial.

Sara Allen, a deputy district attorney, said Matlock has 30 days from Monday to change her mind. Under the offer, Matlock would be placed on probation for five years, during which time she couldn't practice as a vet or own or possess animals.

Matlock also would have to plead guilty to two charges, which means they couldn't be expunged from her record. And she would have to undergo a psychiatric examination and comply with any recommendations for treatment.

Matlock said during an earlier appearance that she was looking forward to her day in court.

"We'll go to trial and see what happens," Daniel E. Taylor, her attorney, said Tuesday.

The veterinary board members are prohibited by law from talking about Matlock's case, or even confirming they are investigating the accusations. The law also requires the board's investigations be kept secret until action is taken.

Matlock was disciplined by the board about a year ago when she suddenly shut down clinics in Forest Grove and Lake Oswego, leaving clients without their pets' records. She later appeared before the board to explain that the records were involved in a dispute with her landlord, and she was eventually able to make them available.

It appears Matlock may be called before the board a second time.

The board held an executive session Tuesday and later ordered the subject of one of its investigations to appear at its next meeting. While Lori Makinen, the board's executive director, couldn't confirm Matlock was summoned, the board's agenda listed the Matlock case as the only one it discussed during Tuesday's meeting.

"I'm personally frustrated," said Betts, adding that the public -- which wants to see action in the case -- isn't aware of the legal constraints on the board.

There isn't much it can do as long as Matlock hasn't been convicted of a crime. And even if she pleads guilty to the animal neglect charges, they are misdemeanors and may not meet the level of severity needed to pull her license.

Another issue is ownership of the animals. Because Matlock owned the horses, the accusations are not related to her business or skills as a veterinarian.

Lastly, if Matlock does undergo a psychiatric evaluation and is found in need of treatment, there is nothing in the law that precludes her from being a vet for that reason.

So right now, the board's best hope lies with the judge, who isn't expected to hear the case until February.

Given the circumstances, that seems like a long time to wait.