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DR. JOEL Joseph has been granted a temporary stay on the final decision made by the Guam Board of Allied Health Examiners to suspend his license to practice veterinary medicine at the Wise Owl Animal Clinic in Tamuning.
The stay on the decision enables Dr. Joseph to continue to practice.
The order halts all GBAHE decisions and gives the board 14 days to show cause as to why the stay should not be granted. This stay has the potential to prolong the case for several months.
The motion to stay was submitted to the Superior Court of Guam last Friday, June 15, and Judge Michael Bordallo signed and issued the order to stay on Monday, June 18.
According to a source who asked not to be identified, the motion was done without the knowledge or consultation of GBAHE or the Attorney General's Office, which is handling the case.
The source said the order is surprising because of the quickness of its release, as the application was submitted on Friday and was approved the following Monday.
Joseph’s request was made on the grounds that GBAHE was not qualified and violated the open government law by not allowing the proceedings to be filmed.
Joseph also said the board did not provide documents in a timely manner for the defense to respond and made unrealistic demands, such as a subpoena of the clinic’s records over six years.
In Joseph’s declaration of support for the stay order, he argued that substantial harm would be done to his clients and the community if the clinic were to be shut down.
These include the 19 employees who would lose their jobs and benefits; the pets who are undergoing or are scheduled to undergo surgery and care that will be left without the needed medical attention; clients who cannot afford care at other clinics; and several pet owners who claim they are dissatisfied with the other four veterinary clinics on-island.
Last Thursday, GBAHE released its final decision to suspend Joseph’s license to practice for five years.
Dr. Joseph is accused of negligence, disregarding orders to obtain required permits, falsifying facts, and accepting payment for services not rendered. The case has been ongoing since late last year.