Gaming Commission Rulings Database
|Licensee: CAMILO B. SIERRA|
|Licensed As: VETERINARIAN|
|Notice Number: AQ 13-2017|
|Racing Type: Thoroughbred|
|Track: Aqueduct Racetrack (NYRA)|
|Notice Date: 12/04/2017|
|Status: REQUEST WITHDRAWN|
|Ruling Type: Fine & Suspension|
|Rule(s): 4022.13 4022.12 4042.1(f) 4002.9(a) 4022.21|
|Ruling Text: |
Dr. Camilo B. Sierra committed an improper, corrupt and fraud act and practice in relation to racing, and committed and attempted to commit fraud and misrepresentation with racing, in that:
(a) Dr. Camilo Sierra knowingly prescribed a 500 mi supply of the drug "Albuterol" without having examined the horse for which the drug purportedly was prescribed and using fictitious horse name for the prescription, for a horse owner actively participating in New York horse racing and attending to horses on the grounds of Belmont park; and
(b) Dr. Camilo Sierra prescribed a 500mi supply of the drug "Albuterol" to a licensed owner while knowing that such person did not intend to use drug to treat the horse for whom for whom the prescribed purportedly was written or to treat a horse for whom the drug had been properly prescribed
In violation of 9 NYCRR 4042.1(f) and 4002.9(a)
***SUSEQUENT HISTORY-STIPULATION OF SETTLEMENT***
Whereas the State Steward at Aqueduct Racetrack suspended the license of Respondent, Camilo B. Sierra, to participate in pari-mutuel horse racing for 30 days and you were fined $2,500 by Notice AQ 13-2017 for having knowingly prescribed a supply of albuterol for a horse without having examined the horse, using a fictitious horse name for the prescription, and knowing that the drug was not intended to treat the horse for whom the prescription had been written or for which the drug had been properly prescribed in violation of 9 NYCRR §§ 4042.1(f) and 4002.9(a); and the Commission having issued a Notice of hearing on November 10, 2017;
NOW, upon the mutual promises and considerations set forth in this Stipulation of Settlement, the parties agree to settle this matter as follows:
The Respondent hereby withdraws his request for a hearing of Notice AQ 13-2017, and agrees to the following charges as set forth in the Notice of Hearing:
1. Improper dispensation of prescription drug. Respondent distributed and dispensed a drug, for which a prescription is required by the Federal Food, Drug and Cosmetic Act, without affixing to the drug container a label identifying him as the dispenser of the drug and bearing the name of the patient, the date of delivery, and sufficient directions for the use of the drug in violation of Education Law §§ 6810(1) and 6807(1)(b) and 21 CFR § 529.40(c)(3), in that he dispensed a container of albuterol to thoroughbred horse owner Raj Jagnanan but the container’s label failed to state that he was the dispenser of the drug, the name of the horse that was the patient, the date he dispensed the drug, and his directions for the treatment duration for use of the drug.
4. Delegating veterinary care to a lay person. Respondent delegated his professional veterinary responsibilities to a lay person whom he knew was not qualified by training, experience and professional licensure, by dispensing a large quantity of a prescription drug to him while the determination of when and how to administer the drug to his race horses would not be supervised by a veterinarian, in violation of 8 NYCRR §§ §29.1(a), (b)(10) and 21 CFR §530.11(a), in that, he dispensed 500 ml of albuterol to non-veterinarian horse owner Raj Jagnanan with no more instructions than for use of a portion for one horse, he failed to evaluate or oversee the treatment outcome, he made no arrangements for the continuing care or treatment of the horse, and he left the bulk of this prescription drug in his possession to be used by the owner without veterinary oversight and control.
6. Faulty prescription of a drug. Respondent intentionally prescribed a drug, required by the provisions of the Federal Food, Drug and Cosmetic Act to be distributed and dispensed only by valid prescription, without a lawful basis, in violation of Education Law §§ 6810(1) and 6807(1)(b), 8 NYCRR §§ 29.1(a), (b)(1), and 21 U.S.C. § 331(ccc)(2), to wit, he prescribed albuterol to a horse of licensed owner Raj Jagnanan without having a valid veterinarian-patient-client relationship or sufficient knowledge of the condition of the horse, without having performed a contemporaneous examination of the horse, without a plan to evaluate or oversee the treatment outcome, without making appropriate arrangements for continuing care and treatment of the horse, without conducting further veterinary visits as needed, and without exercising veterinary judgment independent of the request for such drug by the owner of the horse.
The Commission discontinues the charges in the Notice of Hearing numbered 2,3,5,7and 8.
In full satisfaction of the above violations, the Respondent shall be suspended for 21 days and pay a $4,500.00 fine. The suspension shall begin on February 1, 2018. He shall be eligible to participate on February 22, 2018. The fine shall be paid within 30 days of the date of this stipulation. If the fine is not paid on time, Respondent shall not be eligible to participate until the fine is paid, and unpaid fines are subject to the imposition of penalties and interest pursuant to the State Finance Law.
The Respondent agrees that during the period of suspension, he shall not participate in New York State pari-mutuel horse racing, directly or indirectly, and that he shall be denied the privileges and use of the grounds of New York State racetracks.
Respondent waives his right with respect to these matters to bring a judicial challenge to any of the actions of the Commission, its members, agents, or employees, in any state or federal court or other forum, and to any further administrative proceeding.
|Suspended: 02/01/2018 to 02/21/2018 (21 days)|
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