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The MetroWest Daily News
BOSTON — A Hopkinton veterinarian sent an email to clients in March 2020, during the early stages of the COVID-19 pandemic, recommending the use of ozone generators to help protect them from what was then a brand-new virus.
The Massachusetts Board of Veterinary Medicine later ruled that Margo Roman's email violated her veterinary license by giving unsolicited medical advice to humans. The board imposed a two-year suspension on her right to practice.
Last Friday, lawyers for Roman, owner of Main Street Animal Services, 72 West Main St., argued before the state Supreme Judicial Court that the board overstepped its authority in issuing its suspension and sought to have the ruling reversed.
Roman’s lawyer, Martha Coakley, said the board “erred” in issuing the suspension, which stripped Roman of “her livelihood, her clients and her ability to practice.”
Roman offered 'health recommendations,' not medical advice
The email, Coakley said, was sent on March 16, 2000, and was designed to describe new COVID-19 protocols that the clinic was adopting. It also included what Coakley called “general health recommendations.”
Then-Gov. Charlie Baker had declared a state of emergency regarding COVID-19 less than a week earlier.
The portion of Roman's email that led to the suspension reads, in part: “Dr. Roman has encouraged MASH clients to get an ozone generator for their homes, because ozone is important for prevention (because it disinfects) and possible cure for the coronavirus. There is a link on our website under 'resources' to find the companies that we recommend from whom you can buy an ozone generator and ozone products. We know that ozone is antiviral, antibacterial, anti-fungal, and reduces pain and infection. Medical ozone then floods the body with life-saving oxygen and helps both the animal and humans. If you buy an ozone generator, let the company know that you are a MASH client; they understand how we have tried to educate our clients to be protective.”
It also included information about a vitamin Roman takes to help keep healthy, and homeopathic first aid kits.
Coakley said it was as if Roman were recommending following Baker’s directives to wear masks and use hand sanitizer.
“Dr. Roman was not practicing medicine,” said Coakley, who served as Middlesex district attorney (1999 to 2007) and Massachusetts attorney general (2007-15).
Nevertheless, a complaint was filed with the state Veterinary Board, and after a lengthy battle, it suspended Roman's license to practice in November 2023 for two years. The suspension was not stayed, despite an appeal. A lower court affirmed the Veterinary Board’s ruling.
On Friday, Justice Scott Kafker asked how that email wouldn’t be considered medical advice.
Coakley said again it was just general advice. She said Roman wasn’t prescribing anything to anyone, but believed ozone treatment was good for both humans and animals.
“It’s not practicing by sending out general health advice and it’s not beyond the scope of her license,” the attorney said.
Attorney argues punishment was excessive: 'The decision was wrong'
Coakley also argued the board was excessive in its punishment due to ozone not being a method popularly recommended to help prevent COVID-19.
“The decision was wrong and this court can remedy that,” she said.
Assistant Attorney General Grace Gohlke, arguing on behalf of the Board of Veterinary Medicine, argued that Roman sent the email specifically to owners of the pets she cared for using a professional email.
Gohlke argued the portion of the email regarding how the clinic was going to handle COVID-19 was not a violation, but Roman crossed a line when she started offering medical advice to humans in the same email.
Kafker asked whether it would be OK if Roman had said something to the affect of “take care of yourself” or “wear a mask." He asked Gohlke if giving the advice could be justified because it could affect people’s pets if owners got COVID-19.
Veterinary board argues Roman targeted clients with medical advice
Gohlke said the email was more than general advice offered to anyone, as it was specifically sent to her clients, who knew her as a medical professional.
“It was targeted communication,” Gohlke said. “The suggestions she made in her email went beyond her scope (as a veterinarian) when she offered advice on how to protect humans.”
Judge Frank Gaziano asked whether the punishment was so severe because it involved ozone, rather than the more popular methods of COVID-19 protection.
“If she said, ‘wear a mask,’ or ‘keep your distance,' would the government be OK with that?” he asked.
Gohlke said there was no evidence anyone followed the recommendations, Roman wasn’t giving recommendations to the general public, but that she used her professional email and was “targeting” her clients.
The court said it would take the matter under advisement.
Norman Miller can be reached at 508-626-3823 or [email protected]. For up-to-date public safety news, follow him on X @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.