Nicole Desmond DVM Settlement - $2,000 Civil Penalty for Negligence

State of New Jersey

DEPARTMENT OF LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

STATE BOARD OF VETERINARY MEDICAL EXAMINERS

P.O. BOX 45020
NEWARK, NJ 07101

October 9, 2024

PHILIP D. MURPHY
Governor

TAHESHA L. WAY
Lt. Governor

MATTHEW J. PLATKIN
Attorney General

FILED
CARLENE S.
ADMINISTRATIVE
OCT 23 2024

RLF

Nicole Desmond, D.V.M.
2406 Anne Terrace
Wall Township NJ 07719

Re: In the Matter of Nicole Desmond, D.V.M.
Settlement Letter in Lieu of Formal
Disciplinary Proceedings

Dear Dr. Desmond:

The New Jersey State Board of Veterinary Medical Examiners has completed its review of
information concerning consumer complaint VET-2023-00870, including:

• Complaint form submitted to the Board by client R.S. concerning refusal to see patient (dog) "Rocco" on October 31, 2022;
• Your response to the Board's letter of inquiry, including your patient records; and
• The response of two veterinarians who subsequently treated the patient, including patient records.

The Board provisionally determined that evidence exists that you denied emergency care to an
established patient and failed to provide follow up care to a patient who had recently been released
from hospitalization. As such, the Board finds that you engaged in repeated acts of negligence,
malpractice, or incompetence, subjecting you to discipline pursuant to N.J.S.A. 45:1-21(d). The Board
has determined to first offer you an opportunity to settle this matter, and avoid the initiation of formal
disciplinary proceedings, should you agree to the following:

• Pay a civil penalty of two thousand dollars ($2,000.00) for engaging in repeated acts of negligence, malpractice, or incompetence.

If you are willing to settle this matter on the offered terms, you may do so by signing the
acknowledgement at the bottom of this letter and returning it to the Board office with payment of the
civil penalty. Payment shall be by certified check, bank cashier check, or money order payable to
"State of New Jersey," or by wire transfer, direct deposit, or credit card payment.

In the event you are unwilling to settle this matter on the offered terms, it will be referred to the
Attorney General's Office for the initiation of an appropriate enforcement action. In such event, you will
be afforded an opportunity to defend against the alleged violations. If an evidentiary hearing is deemed
warranted, the Board will either conduct the hearing at a date and time to be scheduled or refer the
matter to the Office of Administrative Law. You are advised, however, that in the event formal charges
are filed and sustained, the Board may assess sanctions other than those offered in settlement here,
including additional civil penalties, suspension of your license to practice, and the imposition of costs
incurred by the Board, including the State's attorneys' fees. If you have any questions concerning this
letter or settlement offer, you may contact Deputy Attorney General Barbara Lopez who may be
reached at Barbara.Lopez@law.njoag.gov. For information about paying by credit card, wire transfer, or
direct deposit, contact Rhonda Frobo se at Frobo seR@dca.njoag.gov.

If you elect to settle this matter, you should sign the acknowledgment at the bottom of this letter
and return it to the Board within twenty-one (21) days of the date of this letter, along with payment of
the civil penalty. In the event the Board receives no response from you within twenty-one (21) days, the
Board's settlement offer will be withdrawn and the matter will be referred to the Attorney General's
Office for initiation of appropriate enforcement proceedings.

Sincerely,

Howard Pine
Deputy Director
New Jersey State Board of
Veterinary Medical Examiners
Division of Consumer Affairs

cc: Barbara Lopez, DAG

ACKNOWLEDGEMENT: I, Nicole Desmond, D.V.M., have read and reviewed the settlement proposal set
forth in this settlement letter. I acknowledge the Board's preliminary determination. I am aware that by
signing this acknowledgement, I am waiving any rights I may have to defend myself against any charges
of wrongdoing at an administrative hearing. I am also aware that this settlement letter is a disciplinary
action by the Board and is a matter of public record. I agree to comply with the directives contained in
this settlement letter. I will:

• Pay a civil penalty of two thousand dollars ($2,000.00) for engaging in repeated acts of negligence, malpractice or Incompetence pursuant to N.J.S.A. 45: 1-21(d).

10/10/24
Date

Nicole Desmond, D.V.M.