Clark County Medical Society

County Line

Newsletter 89   June 2007

 

Contents

Message from the NSMA Executive Update

President’s Message

Malpractice Filings Against Health Care Providers, Jan 2001 – Apr 2007

Member News

CME Calendar

Executive Director Article

Southern Nevada Health Officer Report

Alliance Message

The Alliance to receive the AMA Legislative Education & Awareness Promotion (“LEAP”) Award

BOT Minutes Synopsis

Sponsors Needed for the Installation Dinner July 14, 2007

Classified Ads

County Line Advertisers

 

 

 

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The ten main reasons you should be proud to be member of NSMA

 

From the nsma executive e-update:

 

            The NSMA House of Delegates opened on Friday afternoon with Dr. Hardwick making the annual President's Report: "I appreciate the opportunity to serve as the NSMA President over the last year…Here are the highlights of the last year or the ten main reasons you should be proud to be a member of NSMA:

            1. The anti-tobacco initiative passed. Not only did Question 5 pass, but Question 4 failed. We were up against gaming, restaurants, bars, and the slot route operators. They outspent us 5 to 1. They ran a very deceptive campaign, and yet the voters were not fooled & voted to outlaw smoking in all indoor public places except the gaming floor.

            2. Last November, we were successful in almost all of the elections that received NEMPAC support. Nevada's organized medical political action committees contributed nearly $125,000 to State campaigns. With the AMPAC contributions in federal races, organized medicine contributed nearly $152,000 in the 2006 election cycle. That doesn't count individual physician contributions or the contributions of medical specialty societies.

            3.Three NSMA members serve in the State Legislature, R. Garn Mabey, M.D. & Joe Hardy, M.D. in the Assembly & Joe Heck, D.O. in the Senate. NSMA Alliance member Heidi Gansert is also a leader in the Assembly…

            4.         In the Legislature so far this year, every bill that we wanted killed has been killed. Every amendment we wanted adopted has been adopted. So far, so good, but it starts over again next week. In recent past Legislatures we have had success in: Patient Protection Act; Timely payment requirements; Contracting protections; Ban on panel fees; Mandatory uniform credentialing forms for insurers; &, we had extraordinary success with the KODIN initiative in 2004 giving us medical liability reform.

            5.         Governor Jim Gibbons' budget includes a measure that would increase Medicaid rates to Medicare rates. This would mean $30 million more for physician services over the next 2 years.

            6.         We have just been notified that our worker's comp insurer is a mutual company that is converting to a stock company & we will receive a windfall of $133,000 for our stock. This is like receiving a windfall from a Great Aunt that you never even knew existed.

            7.         Clark County Medical Society had a 6% increase in membership last year & we expect membership increases in every county except White Pine which has achieved 100% membership.

            8.         We are financially sound. We have a large reserve account & Richard Seher, M.D., our Treasurer, has worked hard to see that we are getting good returns on our investments.

            9.         We have great leaders at the State level in the pipeline…

            10.       The main highlight of the year & a main reason you should be proud to be a member of NSMA is our professional staff. We are a professional organization represented by true professionals…"

 

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President’s Message

 

Reasons For Hope, Reasons To Give

By Florence Jameson, MD, CCMS President

           

            In last month's president's message, I shared with you how my faith in my physician colleagues and CCMS members has grown over the past few years.  I also shared how this faith has cultivated wonderful relationships with many people who are working together in CCMS and organized medicine to bring about much needed changes in medicine. 

            In this article I will focus not so much on individuals and relationships but on their actions and how they affect medicine in Nevada.  Indeed, it is their individual and combined actions that give all of us who practice medicine in Nevada reason for hope.

            Reasons for hope include:  1) CCMS' participation in the legislative process, 2)  CCMS participation in local and state politics, 3) CCMS support of bringing health care to the needy and uninsured in Nevada, 4) CCMS' support of local medical education, 5) the establishment of a very strong professional network, 6) an increase in membership and leadership within CCMS, 7) benefits for members of CCMS, 8) enhancing the image of CCMS and physicians in the community.

            I would like to elaborate on a few of the reasons for hope.  This has been a very satisfying legislative session to date, indeed all the bills that we hoped would die, died.  All the bills that we hoped would survive are practically all still in play, in part due to the participation and input from NSMA, Larry Matheis and the CCMS Legislative Core Committee. 

Some of the bills we actively opposed and were hoping to see go away were:

            1) AB 108 which sought to require all physicians and other professionals to have training in geriatrics and gerontology.  This would have been an undue burden to many physicians.  It was not passed.

            2) AB 347 was a bill that sought to make changes in our tort reform.  Fortunately that bill was pulled.  We must stay diligent to protect Question 3 and the success of tort reform.

            3) AB 98 which requires physicians to bill within 60 days which is unrealistic; it was killed.

            Bills we supported were AB 4, the Good Samaritan Bill, which was a major victory.  Now doctors of every specialty will receive the same protection when rendering emergency gratuitous care.  Governor Gibbons has signed this bill into law.   Also, there is included in the Governor's budget a revenue bill.  This bill is to increase Medicare payments from the current rates providing an additional $10,000,000 to physicians.  Larry Matheis and others fought hard for this bill to pass.  It was approved.   

            When we review just a few of the legislative actions which have been affected in large part by the efforts of organized medicine in Nevada, NSMA, CCMS, it inspires hope and confidence in our hearts.

            CCMS' participation in local politics is an ongoing process.  Our biggest goal is to defend the success of Question 3, Tort Reform, and focus on reducing the malpractice crisis.  As time goes by we are carefully observing the actions of the Supreme Court judges.  Recently Judge Hardesty met with the Washoe County Medical Society for a wine and cheese event.  His solid support of physicians and medicine in Nevada was unquestionable.

            CCMS hopes soon to host Judge Hardesty in Las Vegas and continue to build strong relationships, creating a forum where we can get to know each other, so he can better understand our concerns and needs, so we can help continue to improve access to medicine in Nevada.  Join us at CCMS when Judge Hardesty or other important individuals visit us.  Look at our website for announcements of important events.

            Since Tort Reform, there has never been a more important issue than the merger of Sierra and the United Health Group.  The AMA and the American Hospital Association have strongly objected to the proposed merger to the US Department of Justice.  At our recent NSMA meeting in Reno, the NSMA council and delegates passed the following resolution:  That the NSMA monitor and participate in all regulatory or other venues that impact upon the proposed merger of Sierra Health Services and United Health Group and oppose any plan that would limit the access and availability of medical care and limit the choices for medical care to the people of Nevada.  On May 15th, a group from CCMS met with Dr. Lewis Sandy of UnitedHealthcare and Dr. Joseph Kaufman of Sierra Health Services.  After asking several questions, CCMS continues to stand behind the AMA and NSMA in their opposition to this merger.

            The AMA analysis of 2005 shows that in the combined Nevada HMO/PPO market, this merger would concentrate a market share of 43% and 78% of the HMO market.  Further the data showed that in the combined Las Vegas area HMO/PPO market, the United Health Group would have a market share of 56% and a 95% share of the HMO market and the merger would mean that there would be virtually only one Medicare Choice Plan available in Nevada.  Some may be uncertain about the success of opposing such a merger, but few are uncertain about the absolute truth of the situation and the need to oppose this merger.  We must call our patients, our legislators, Congressmen and Congresswomen to stop this merger. 

            This year we had a 6% increase in our membership.  This is excellent.  Also, at our last Nominating Committee meeting when candidates for the Board of Trustees were selected we had more than 15 candidates for 5 places.  Never before have we had so many individuals interested in being on the Board of Trustees.  Thank you.  If you were not selected at this time, please submit your name for consideration next year, and join a Committee in the meantime; it only takes 1 to 2 hours per month.

            For the first time CCMS is working with MD News for a special edition, featuring CCMS.  It will go out to over 3,000 individuals.  Its primary objective is to reach out to the medical community to recruit new members.  The more members, the stronger we are, the more effective we will be.  Watch for a special edition of MD News featuring CCMS.

            As membership grows we continue to be aware of our image in the community.  Physicians are still highly respected.  At CCMS we feel it is very important to maintain a professional appearance to the community.  We have outgrown our current offices.  The Building Committee met many times during the year.  They presented their findings to the Board and we have elected to look for a new office.  The details are being worked out.  Look forward not only to a better CCMS next year but also to a more professional and functional facility for CCMS.  What great things we will do there! 

            We are asking for contributions for the new facility.  We need everyone's help.  Big or small your contribution is greatly appreciated.  Please call us and let us know how you can help.  We'd be pleased to meet with you and show you our plans.  Perhaps we will name a lobby or meeting room after you!!!

            Our newest membership benefit, St Mary's PPO, is a great success.  Thanks to all of you.  The CCMS sponsored PPO at St Mary's is off and running.  Some groups are saving 10 to 50%.  One small practice saved $10,000 per year.  Open enrollment will come up again next April.

            I would like to briefly address how charity is blossoming at CCMS.  I have spent time addressing faith and hope at CCMS and they are key values to our continued success, but I have learned that charity is the most important of the values. 

            I would like to give you an update on how CCMS is working with its members to do more for its community.  Please look later to the web site for service opportunities.    In the past I have written on The Access Health Care program for the working uninsured.  I would like to thank all of you who are participating and encourage those who are not involved to check into this most worthwhile program. 

            A new program listed on our service web site is the Clark County Department of Family Services.  They are looking for safe, secure, and caring homes for children whose parents are temporarily or permanently not able to care for them.  For Child Welfare Services the children who are medically fragile are the most challenging group of kids to place.  In other states, they have been successful in reaching out to the medical community.  We have yet to make that connection seriously in Nevada.  Some doctors, their spouses, nurses and other health care professionals have volunteered to care for the medically fragile children.  If you and or your spouse or someone close to you could help for six months, two years or longer please Clark County Family Services a call.  Call 455-0181 and ask for Ann Rubin.

            As of June or July we will be starting the volunteer clinic at the Juvenile Justice Department.  We will be providing prenatal care, well checks, including STD screening.

Many of these kids have serious health issues and are denied by the system to adequate health care.  We can use some Family Practice Doctors and some OB/GYNs.  It is a small clinic with small needs, if you can offer 2 hours per month, please call us at CCMS, talk to Janice and we will get you involved.

            We will be setting up a similar program at West Care for prenatal care.  We need OB/GYNs to participate.  Call us at CCMS, leave your name and number and we will get back to you.

            Thanks to all the doctors who are participating in Dear Doctor, ie writing articles on various medical issues for the community.  These articles will be published by the Greenspun Media Group and you should start seeing them shortly.  Health is just about everything, and an understanding of medicine is very important today.  This is a wonderful service for our community.

            It has been an absolute pleasure and honor to be President of CCMS this last year.  I look forward to many years of continued participation in organized medicine, especially in volunteer services in our community.  The last message I leave you as President is to value your membership in CCMS and your professional relationships.  May those relationships sustain you and lead you into pathways of community service.  Let us grow the influence of organized medicine for good in our community.  Value your membership and encourage others to join us in this work.  When possible take leadership opportunities and service opportunities to bring benefit to our community, especially the needy.  Do not resist the urge to help or resist the impulse to give back with all your heart.  God bless you.  Florence

 

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Clark County District Court Medical Malpractice Filings

Against Health Care Providers, Jan 2001 –Mar 2007

 

                        2001     2002    2003    2004    2005    2006    2007

Jan                   39        33        108      61        41                    50        109

Feb                  20        14        98        72        63                    61        41

Mar                  35        30        169      123      64                    38        70

Apr                  37        34        111      81        70                    58        60

May                 37        35        126      65             14               71

Jun                   27        24        103      90             65               83

Jul                    19        100      114      45            66                74       

Aug                  54        51        76        67             33               82

Sep                  20        65        105      79            36                51

Oct                  37        83        110      59             26               74

Nov                 38        184      59        78             68               50

Dec                  9          170      67        47             30               28

Sum                372      823      1246     867          581               720      280

 

 

 

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Member News

 

Congratulations and Welcome to the Clark County Medical Society New Members – March 2007

·        Daniel M Goodenberger, MD - Internal Medicine, 1707 W Charleston Blvd, Las Vegas, NV 89102

·        Zahid Hamid, MD - Internal Medicine, 2600 S Rainbow Blvd 108, Las Vegas, NV 89146

 

Applicants to Go Before Credentialing Committee

·        Damon I Masaki, MD -  Maternal Fetal Medicine

 

If you have any pertinent information about this membership candidate, please contact: Clark County Medical Society, 2590 E. Russell Rd., Las Vegas, NV 89120

 

Congratulations and Welcome to the Clark County Medical Society New Student Members - April 2007

 

·        Nathan E Prescott - Touro University

·        Margaret A Warren - Touro University

 

For information on becoming a member of the Clark County Medical Society, call Janiceanne Poblete at 739-9989.

 

 

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CME CALENDAR

AHEC                        318-8452 x 258          

Online - "Domestic Violence and Medical Ethics."

Bechtel Nevada     295-0208

NV Chapter AACE 434-8400

Pri-Med Institute     (877) 4PRI-MED

Sierra Health Services 242-7735

June 14 - “The Management of Rectal Bleeding”

July 12 - “The Nuts and Bolts of Insulin Therapy”

Southern Nevada AHEC     318-8452

Southwest Medical Associates   242-7735

Summerlin Hospital     233-7572

Sunrise Hospital     731-8210

June 8 - “Interventional Pain Management”

1 Medical Ethics Credit

June 15 - “Sorry Works”

1 Medical Ethics Credit

June 16 - 12:30-2:00pm “Disclosing Errors and Adverse Events” 1.5 Medical Ethics Credits

2:00-2:30pm “Coordination of Care When the Patient Leaves the Hospital for a Home Health Agency or Hospice Care”

.5 Medical Ethics Credit

UMC     383-2604

Valley Hospital     388-4847

University of Utah    801-587-3411

July 27-28 - “Advanced Life Support in Obstetrics”

 

Education Opportunities for Practice Managers, Call the NV Medical Group Management Association:

697-5471 ext 134

 

Only CME Activities held at the Clark County Medical Society office are specifically endorsed by CCMS.

 

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Executive Director Article

 

PHYSICIAN APOLOGIES FOR MEDICAL ERROR IN NEVADA

By Weldon (Don) Havins, M.D., Esq.

President-Elect, Executive Director, and Special Counsel

Clark County Medical Society

 

Reporting of Medical Errors in Current Ethics and Law

            The American Medical Association holds that a physician has an ethical duty to disclose a harmful error to the patient.i   Because these are ethical guidelines they do not have the force of law.  This ethical duty to inform or disclose medical error does not include any duty to apologize.  Some authorities postulate that a disclosure of a medical error without an apology may increase the anger of a patient and accelerate the chance of inducing a lawsuit for medical negligence.ii

            The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) has required hospitals to disclose significant medical errors that occur in the hospital environment.  Although directed at hospitals, the JCAHO requires that the disclosure be made by the responsible physician (or physician designee) when the medical error was caused by the physician.iii   Like the AMA standard, the JCAHO mandate does not direct that an apology accompany the disclosure.  Similarly, some authorities posit that a disclosure of medical error without an apology increases the probability of a subsequent lawsuit.

            Like several other states, Nevada statutes mandate the reporting of sentinel events occurring in health care facilities.  A sentinel event is defined as an "unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome.  The term includes loss of limb or function.iv   A person employed by the medical facility must report the sentinel event to the facility patient safety officer within 24 hours.  The patient safety officer must, within 13 days, report the sentinel event to the Health Division.v   The patient safety officer must notify the patient of the sentinel event within 7 days of becoming aware of the event.  However, this reporting does not constitute an admission of liability.vi 

            Physicians who perform sedation in their offices must report sentinel events along with the number and type of sedation performed, annually.  This report must be made to the licensing board, the Nevada Board of Medical Examinersvii or the Nevada Board of Osteopathic Medicine.  As of the time of writing this article, Senate Bill 412 has been amended to provide for up to a $500 fine for physicians who do not comply with the reporting requirement.

 

Should Physicians Apologize for Medical Errors

            Medical malpractice defense attorneys generally counsel against apologizing for medical errors.  They feel that without statutory protection an apology could be admitted as evidence in a medical malpractice case to prove negligence.  This statement against interest can be admitted by anyone overhearing the apology.

            The conventional wisdom suggests that apologies for medical errors generate a greater incidence of malpractice cases and higher awards.  However, there is now empirical evidence that the conventional wisdom is incorrect.  In 1987, the Lexington, Kentucky Veterans Hospital implemented a formal medical error disclosure policy.  The policy mandated prompt disclosure, after an investigation establishing that a medical error had occurred, to patients or their family.  The policy also mandated assistance in filing claims against the VA to compensate injured patients.  A study of their experience between 1990 and 1996 revealed that this hospital ranked in the lower one-fourth of VA hospitals in the amount of funds paid for medical injury, in spite of being in the upper one-fourth of VA hospitals in the number of claims filed.

            The University of Michigan Hospital implemented an apology program in 2002 which required prompt acknowledgement of medical error with an apology and quick compensation to patients.  From 2001 through 2005, the average number of cases declined from 260 to 114.  Annual litigation costs dropped from three million dollars to one million dollars.  This constituted a two-thirds reduction in legal fees and a fifty percent reduction in claims.

            These two studies defying conventional wisdom are consistent with other recent research into the needs and desires of victims of medical error and the reasons why patients file medical malpractice lawsuits after medical errors.  Lucian Leape, MD, the famous professor at the Harvard School of Public Health (and the chief author of the often misquoted Institute of Medicine study on medical error in New York hospitals) maintains that what the typical patient injured by medical error desires most is that the physician: i. acknowledge the error and explain it; ii. take responsibility and apologize, and iii. discover the underlying cause and take steps to prevent recurrence.  Professor Carol Leibman of the Columbia Law School and Chris Hyman of the Medical Mediation Group of New York City report that what patients injured by medical error want most are: basic information about the incident; an apology, and; prevention of recurrence of similar incidents.  These authors conclude that the primary reasons patients sue their physicians are: i. the perception that the physician was not honest in addressing the incident; ii. the perception that no one would explain what happened, and; the receipt of advice from someone, usually another physician, to sue.  They conclude that when patients are denied what they want most - an explanation of the medical error, and apology, and an assurance that it will not occur again - they are most likely to sue for medical malpractice.

            In a 2003 New England Journal of Medicine article, Charles Vincent, PhD, found that medically injured patients undergo a complex set of emotions, most notably loss of trust in the physician the patient was depending upon for help, confusion, uncertainty, fear and anxiety.  If these concerns are not addressed with an acknowledgement and an apology, the patient feels devalued, and the anxiety turns to anger.

            Psychiatrist Aaron Lazare, in his book On Apology, lists several different ways in which an apology can heal the recipient patient.viii   The apology: a) restores dignity and self-respect; b) provides assurance that the physician shares the patient's values; c). provides assurance that the patient is not at fault; d). Provides assurance that the patient is safe in the relationship; e) demonstrates that the physician is also suffering; f) offers reparations for the harm done, and; g) provides an occasion for a meaningful dialogue between the physician and patient.

            These authorities recognize that the special nature of the patient-physician relationship make the patient's need for an apology particularly compelling.  This is the basic reason for states enacting apology laws and protecting those statements of apology.  Note that none of these lists include a motivation for retribution against the physician.  Apology laws provide compatibility between the patient's and the physician's interest.  It is in the physician's interest to fulfill that patient's need for satisfaction relating to the patient's medical error induced injury by: a) acknowledgement and explanation of the error; b)acceptance of responsibility and a sincere apology, and; c) indicating steps that will be taken to prevent recurrence of the medical error.

 

The "I'm Sorry" Bill in the Nevada Legislature

            On February 28, 2007, Senate Bill 174 was introduced into the Nevada Senate.  SB 174 provided that an expression of apology or regret made by or on behalf of a provider of health care would be inadmissible in any civil or administrative proceeding brought against the provider of health care based upon alleged professional negligence.  Specifically, the Bill provided that "in any civil or administrative proceeding alleging professional negligence brought against a health care provider, evidence of any written or oral communication, gesture or conduct" … that "expresses apology, regret, fault, sympathy, commiseration, condolence or compassion relating to the pain, suffering or death of the alleged victim of professional negligence or the family of the alleged victim … is not admissible for any purpose."  During the Senate Judiciary Committee hearing, the word "fault" amended out of the Bill.  The Bill passed out of Committee on a partisan vote of the four Republicans for the Bill and the three Democrats against the Bill.

            The significance of removing the word "fault" from the protections of the Bill implies that, if physician did not admit to any "fault," any expression of sorrow, regret, remorse, or expression of an apology to the patient or the patient's family for causing the patient's complication/injury could not be used against the physician in an action for medical malpractice or in a licensure disciplinary action by the medical board (Nevada Board of Medical Examiners or the Nevada Board of Osteopathic Medicine).  However, the admission of "fault" by the physician could be used as evidence of negligence in a medical malpractice case or in a licensure disciplinary action.

            Senate Bill 174, sponsored by Senators Heck, Townsend, Hardy, Washington, Cegavske, Amodei, Beers, Nolan, Raggio, and Rhoads.  Also sponsoring the Bill were Democratic Senators Lee, Mathews, Schneider, and Woodhouse.  The Senate sent the Bill to the Assembly on a 12 to 5 vote with all Republican Senators and half the Democratic Senators voting in favor of the Bill.  The Bill was heard in the Assembly Judiciary Committee on April 27 but no action was taken on the Bill.  If the Bill is not passed out of the Judiciary Committee by May 18, the Bill will "die" per the rules of the Legislature.

All the Assembly sponsors of the Bill are Republicans.  A large majority of Democrats (27 to 15) control the Assembly.

            Apology laws heretofore enacted fall into two basic groups: i. those that protect apologies and also acknowledge fault; and ii. those that protect apologies but not accompany acknowledgements of fault.  SB 174 has transitioned from the first group as introduced to the second group as amended.  The Bill as introduced followed the Colorado model which induced the word "fault" with the protected apology.  The amended Bill follows the Indiana Apology Law, effective July 1, 2006, which protects the apology (the "communication of sympathy") but does not protect the statement of fault even when made within the context of an apology for the medical error.

            Interestingly, two candidates for President introduced a medical apology immunity law in Congress.  In September 2005, Senators Hillary Clinton and Barak Obama introduced the National Medical Error Disclosure and Compensation Act.  This legislation would have required automatic disclosure of a medical error to the patient and provide protection for any apology made during negotiation of compensation for the patient.  Although not passed, this Bill reflects a growing national sentiment favoring disclosures of medical errors and protection for those apologies.

 

Summary

            From the foregoing, it appears a physician's best course when confronted with a medical error caused by the physician is to do the following:  i. acknowledge and explain the error; ii. accept responsibility for the medical error and provide a sincere apology, and; iii. indicate steps that will be taken to prevent recurrence of the medical error.  Particularly, if the Nevada Legislature passes SB 174 in its current form, the prudent physician will avoid using the word "fault" or any of its synonyms as a part of the apology since acknowledgement of fault can be used as evidence to base a claim for medical negligence.

 

   i AMA, Principle of Medical Ethics, Principles I, II, III, and IV; AMA Professional Resources % Standards, E-8.12, "Patient Information" (1994).

                ii AMA e-8.12 referring to situation in which a patient suffers significant medical complication that may have resulted from the physician's mistake or judgment.

  iii JCAHO, Hospital Accreditation Standards, "Ethics, Rights, and Responsibilities", Sec. 2.90.

   iv NRS 439.830

   v NRS 439.835

   vi NRS 439.855

   vii NRS 630.30665

 viii Ombudsman of British Columbia, "The Power of an Apology Removing the Legal Barriers," Special Report to the Legislative Assembly, February 2006.

 

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Southern Nevada Health District Report

 

Nevada Clean Indoor Air Act Update

By Lawrence Sands, DO, MPH, Chief Health Officer

Southern Nevada Health District

 

            The successful passage of the Nevada Clean Indoor Air Act last fall was a tremendous success for the public who favor more stringent protections from secondhand smoke and a tribute to the hard work of the medical and public health professionals that lent their support to the initiative.

            Public policy changes, such as stricter tobacco control laws, play an important role in our efforts to reduce rates of tobacco use and to limit people's exposure to secondhand tobacco smoke. It is well-documented that policies that restrict smoking in public places contribute to significant declines in the number of non-smoking adults exposed to secondhand smoke. Additionally, these types of policy changes have proven effective in promoting an environment for people to adopt individual and long-term behavioral changes.

            It is for these reasons the inclusion of cessation resources have been an important component of the NCIAA informational materials developed by health district staff. Through our educational materials we encourage those interested in accessing more information on the dangers of secondhand smoke to call our Tobacco Control Program at (702) 759-1270. Those who smoke and want to quit are encouraged to call the Nevada Tobacco User's Helpline at 1-800-QUIT NOW (1800-784-8669) or to visit their website at www.livingtobaccofree.com.

            While we celebrate the passage of this law, we must also tackle the challenges that come with implementing new public policy. As most of you are aware, in January 2007, a district court judge declared the criminal enforcement of the Act unconstitutional. This ruling left the Southern Nevada Health District with sole enforcement authority for the provisions of the Act in Clark County.

            Since November 2006, the health district has received more than 2,000 complaints involving approximately 590 different establishments - a small percentage of the more than 16,000 food establishments we currently regulate. While the number of establishments actively resisting compliance is small, enforcement has proven to be challenging. Our current enforcement activities involve identifying establishments with the most complaints and conducting investigations to verify violations of the provisions of the Act. Once violations are verified business owners are contacted to schedule a meeting with health district staff and legal counsel.

            The purpose of these meetings is to secure a compliance agreement with the establishments. If an agreement to comply cannot be secured, the health district plans to pursue civil actions against businesses in violation of the Act. Currently we are working on two legal challenges related to the Act and our enforcement activities.

            The first case involves Casa Fuente, a retail tobacco store in the Forum Shops. The Act prohibits smoking tobacco in any form in malls but does not prohibit smoking in retail tobacco stores. Casa Fuente has been promoting the smoking of tobacco in a roped off area in front of its enclosed store. This area is in the mall, however the establishment leases the section from the landlord for use by its patrons.

            Without findings or explanation, a district court judge granted the store's Motion for Preliminary Injunction, which prohibits the health district from enforcing the Act against the store. The establishment's lawsuit asks the court to declare its "patio" area within the mall as falling within the retail tobacco store exemption. The case should proceed to trial by the end of the year.

            The second case was initiated by the health district against Bilbo's Bar & Grill. This establishment's owner has openly declared they will not comply with the Act and are not removing ashtrays and smoking paraphernalia. The health district is seeking a declaratory judgment that the establishment has violated the Act by failing to remove ashtrays and other smoking paraphernalia, the imposition of a civil penalty of $100 for each violation, and for a preliminary and permanent injunction affirmatively requiring the establishment to comply with the provisions of the Act.

            The health district is committed to continuing our efforts to achieve voluntary compliance with Act. However, we strongly support the intent of this policy to limit the public's exposure to secondhand smoke and will continue to pursue all available legal avenues in order to affect complete compliance with the Nevada Clean Indoor Air Act. More information regarding enforcement actions by the health district is available at www.SouthernNevadaHealthDistrict.org.

 

 

 

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Alliance Message

By Pauline Lee & Andrea Yu, 2006-07 CCMS Alliance Co-Presidents

 

This year has been a lot of "firsts" for the Alliance.  Without the creativity, hard work and diligence of Alliance members and friends, many of these firsts would not have occurred. 

            Our year started with an aggressive membership drive undertaken by First Vice Presidents Melissa Kelly, Peggy Ho and Sheila Bazemore whose efforts resulted in a whopping 23% increase in membership.  We are very proud of our success at our first ever Physician Get Acquainted Wine Tasting at Fletcher Jones Mercedes Benz which was well attended by over 150 physicians, Alliance members and potential members for both the Alliance and the CCMS, judicial candidates and state representatives.

            As 2006 was an important legislative year impacting community health, Beverly Daly Dix fearlessly led the Alliance's first ever ferocious campaign to overwhelmingly pass the Nevada Clean Indoor Air Act (Question 5).  Alliance members all over Nevada rallied their communities to defeat the misleading campaigns sponsored by various tobacco interests. 

            Our fundraising projects for charitable health projects were great successes.  We are particularly proud of this year's Greeting Card Project lead by Lisa Gollard and Estela Hansen as we raised over $21,000 for nursing awards, surpassing all other benchmarks.  This year's Annual Fashion Luncheon & Silent Auction at the Four Seasons was a rousing success thanks to the dedication and hard work of many, many Alliance members (too many to name here).  We are particularly thankful for the countless hours devoted by Sheila Bazemore, Wendy Agrawal, Emelda Ekpoudia, Cindy Choi, Pamela Tolan, and Bonnie Ng.  For the first time ever, the Fashion Luncheon was featured on television on KVBC News 3 thanks to the resourceful and determined Beverly Daly Dix.  We continue to garner positive press from the Fashion Luncheon, which generated net proceeds of approximately $38,000 for the American Heart & Stroke Associations, and are slated to appear in "MD News" in their next month's issue. 

            Internet Safety is our first statewide Alliance Health Program. Thanks to Beverly Daly Dix, Internet Safety Chairperson, Swati Khamamkar, was able to meet with Bridgitt Phillips of the Clark County School District last August. She received Ms. Phillips endorsement of CCMSA's Internet Safety Program for the 3rd Graders. In January, Swati successfully applied for a $500 grant from the AMA Alliance to help defray costs of materials. The grant monies will be used in the first phase of implementation of the Faux Paw program.

            To top off our year, in another first for the Alliance, the American Stroke Association will be honoring the Alliance for its contributions to the fight against Stroke on June 1 at Canyon Gate Country Club.  We hope you will be able to attend to help us celebrate the amazing accomplishments of this past year and the synergy created by the Alliance! 

            Finally, we want to recognize our other invaluable Executive Board members and Committee Chairpersons: Tammy Johnson, Ercy Rosen, Kirsten Rimoldi, Aditi Sanatinia, Marian Haas, Cheryl Samlaska, Cheryl Garber, and Jacqueline Nguyen-Lee. Their long hours behind the scenes were an important contribution to the success of our luncheons and committee events.  Happy summer!

 

Andrea Yu & Pauline Ng Lee

Co-Presidents, CCMSA

The Alliance to receive the AMA Legislative Education & Awareness Promotion (“LEAP”) Award! 

            The Clark County Medical Society Alliance has been selected to receive the 2007 Legislative Education and Awareness Promotion (“LEAP”) Award presented by the AMA Alliance and AMPAC for our campaign of the Nevada Clean Indoor Air Act. One award is given to a county Alliance or RPS/MSS group and one award is given to a state Alliance annually since 2002.

            Beverly Daly Dix, Legislative Chairperson, will deliver the acceptance speech for CCMSA and receive her well deserved special recognition at the AMA Alliance House of Delegates Annual Meeting in Chicago in June!

            Once again, Nevada will be recognized at the AMA Alliance Annual Meeting ... Nevada State Medical Association Alliance received the 2005 LEAP Award.

 

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Minutes

CLARK COUNTY MEDICAL SOCIETY BOARD OF TRUSTEES MEETING BOARD OF TRUSTEES MEETING

MINUTES SYNOPSIS March 20, 2007

 

I.          Call to Order

II.         Action Items

            A.         Minutes from the February 20, 2007 meeting were unanimously approved.

            B.         Financial report was presented by Dr. Steinberg:

§         Revenue – up by $45,000 in over last year at this time. 

§         Employee Expenses - increased due to salary increases and employee turnover. 

§         Office General Expenses - increased due to a $5,000 donation to the Nevada Health Sciences System fund raiser.

§         New Membership Dues – increased due to larger membership. 

§         Operating Expenses – increased due to newsletter expenses (larger issues).

§         Professional Services – no substantial change

§         Other Expenses – increased due to obtaining a commercial appraisal of the CCMS property (for the Building Committee)

§         Building Expenses - Insurance costs increased as a result of revaluing the replacement cost of the property (in concert with the recently received appraisal).

§         Overall, revenues exceeded our expenses.  The bank balance for the end of January was $531,040.17 compared to $421,699.56 last year at this time.

III.        Committee Reports

            A.         Membership Count       

                        Janice Poblete provided the Committee Reports. 

§         As of February 28, 2007, total dues-paid membership is 749, compared to 682 last year at this time. 

§         There are 53 new members and 8 reinstatements for the Fiscal Year 06-07.

            B.         Credentials Committee

                        New Member Applicant was presented to the board and was unanimously approved:

                                    Applicant Name                 Specialty

                  Ronald J. Knoblock, MD                Anatomic & Clinical Pathology

C.            Community Health/Community Relations Committee

            Dr. Jones presented the report. 

The committee met last Tuesday.  Representatives from Child Haven and Juvenile Justice Center were present and discussed how members of CCMS may assist with certain of their needs.

§         Child Haven – Currently, there is a 300 family deficit for foster care in the Southern Nevada area.  The committee is looking at ways to publicize this need in hopes of recruiting families into the foster care program.  The Alliance has committed to giving support to this issue. 

§         Juvenile Justice Center – There are from one to twelve pregnant teens at any one time in their facility who have had little or no prenatal care.  The committee is looking into the possbility of establishing prenatal care including initial examination, follow-up visits on a bi-monthly basis (or sooner if needed), and a formal second-trimester ultrasound depending upon their gestation period. 

o        Dr. Jameson discussed the HAWK clinic, which began as a voluntary clinic in Washoe County, and how Southern Nevada needs to establish a similar program to help serve the uninsured. 

o        Dr. Forman stated that Touro could provide D.O., Nurse and P.A. students to support the volunteer efforts.

o        After much discussion, a motion by Dr. Kingsley was made to support the project.  The motion passed.

§         Progress is being made with the Doctor’s Editorial column which will go into The Sun community newspapers as early as May.  Dr. George Alexander has been very instrumental in making this project a reality. 

D.     Bylaws Committee:

Dr. Evins presented the report.

§         Recommend Including MedPac President as Ex-Officio BOT

At the Nominating Committee meeting there was a proposal made that the President of MedPac be made an ex-officio BOT member.  Bylaws would have to be changed and approved by a majority of the membership.  After discussion, a motion was made and passed that the President of the MedPac Committee be granted an ex-officio membership of the Board of Trustees.  This proposed Bylaw amendment will be sent to the membership for approval or disapproval.

E.      Building Committee (presented out of order – after the Nominating Committee Report)

Dr. Nowins presented the Building Committee report.

§         Dr. Nowins stated the various options that were discussed for the future of the CCMS building, including 1) doing nothing, 2) beautification, 3) renovate/remodel, 4) sell.  After much discussion regarding the pros and cons of each option, a motion was passed to  engage a space planner to establish the space needs of CCMS (including office space, conference rooms, etc) and bring the findings to the next BOT meeting.

F.      Nominating Committee

§         2007-08 Slate of Candidates

            The slate of nominees was presented by Dr. Havins. 

IV.        Alliance Report           

§                                             A written report from the Alliance was included in the meeting packets.

V.                  County Health Officer Report (in packets)         

§         Nevada Clean Air Act – Received a lot of feedback from the community regarding the non-compliance of businesses.  The County Health Department will be targeting the 10 top offenders and take them to court.

VI.                University of NV School of Medicine Report    

            Dr. Lenhart was not present.  Therefore no report was given.

VII.              Touro University College of Osteopathic Medicine Report

            Dr. Foreman presented the Touro Report. 

§         Dr. Forman thanked the CCMS Scholarship Committee for the $10,000 check.  The funds will be used for first year medical students.

§         Touro is looking into clinical locations in rural areas, in particular, the Carson/Reno area.  Visits will be made to the areas next week by Dr. Eisen.

§         100 students, out of a class of 135, registered and have paid their fees for next semester. 

§         The first graduating class (32 students) of Touro University Physician Assistants was held last Sunday.  An estimated 70% of the students plan to remain in Nevada.

VIII.            Scholarship Fund Report                    

            Dr. Ellerton presented the report.

§         Touro University - A check for $10,000 was given to Touro University.

§         CCSN – An agreement has been signed and the money will be sent shortly.

§         Nevada State College – The agreement is being finalized and should be signed shortly.

§         A total of $30,000 in scholarship monies will be distributed to the college institutions ($10,000 each to the medical colleges; $4,000 to UNLV, and $3,000 each to CCSN and Nevada State College.

§         Dr. Ellerton will prepare and distribute a Press Release to the media about the scholarship awards.

IX.        NSMA Report

      Dr. Hardwick presented the NSMA Legislative Core Group Report. 

§         Dr. Hardwick stated that the increase in membership by 80 this fiscal year-to-date is a testament to the leadership and benefits provided by CCMS.

§         The Legislative Core Group meeting is held every Wednesday at 6:00 pm wherein the bills regarding healthcare/medical care are discussed.

IX.                AMA Report     

      A report was not given.

XI.        NBME Report                                                  

§         Jerry Calvanese has developed a great CME course on medical ethics to be held April 13th. 

§         License renewals will occur online beginning this year.  There will be an additional $50 charge to submit a paper renewal.

XII.       President’s Report                                                                              

St. Mary’s Health Plan – 90 medical groups have responded to date. 

XIII.            Administrative Report

            No report.

XIV.           New Business 

            None to report.                                     

XV.             Old Business

            None to report.

XVI.           Future Meetings

            Next meeting is scheduled for Tuesday, April 17, 2007 at 6:00pm. 

XVII.         Adjournment

            Meeting adjourned at 7:32pm.

 

 

 

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Sponsors Needed for the Installation Dinner July 14, 2007

 

 

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Classifieds

 

prime medical space for lease: 6301 Mountain Vista St, Henderson.  2007 beautiful renovation.  35k- Medical Bldg.  12k Imaging Center onsite.  Up to 7 months Free Rent plus improvements to qualified tenants.  1,076 - 8,025 s.f.  Brokers welcome.  Call Sean at 310-273-2277.

 

ent, board certified, nevada licensed: Looking to re-enter the medical community.  Seeking partime, full time or local tenant position.  Call Edward R Stevens, MD, FACS at 702-429-4077 or email drestevens@cox.net

 

State of Nevada is seeking qualified candidates for the position of State Health Officer.  This position is appointed by and serves at the pleasure of the Director, Department of Health and Human Services.  For a more detailed description please go to http://health.nv.gov

 

FULL-TIME FACULTY MEMBER NEEDED: UNSOM  Dept of Family  Med., join at the rank of Asst or Assoc Professor. Tenure is negotiable. Position will be providing patient care (90% of time) in outpatient clinical setting and secondary role of student & resident education (10% of time). In Las Vegas. Must be eligible for malpractice coverage & NV License. To apply online visit: http://www.unrsearch.com

 

Ophthalmologist, ENT physicians Needed: Nevada Eye & Ear is offering a unique opportunity for a BC/BE Ophthalmologist or ENT physician to join an established practice with its new office now open in the Southwest. Offering full or part time positions. E-mail your CV to jduncan@nee-nv.com or call Dr. Rudy Manthei at 702-492-6928

 

OFFICE SPACE AVAILABLE: 2400 sf commercial now available for build-out in the Sahara Rancho Office Center. First floor. Immediate I-15 access. Ample parking. Last space available in the 2200 Building. Call Suzanne at: 702-277-8833.

 

OFFICE SPACE AVAILABLE: 1500 sf build-out, first floor, utilities included. Central location at Sahara/Rancho, older building, ample parking, I-15

access. Other short term, month to month leases available. Contact Melba at 702-384-1494.

 

Equipment for Sale: two Ritter Special Edition Power Treatment procedure chairs w/ OB leggings. Purchased in 1992. Excellent condition. For more information call Judy Duncan at 702-492-6928 or e-mail jduncan@nee-nv.com.

 

for sale: Quinton Treadmill with defibrillator $1,000.  Gray steel exam room equipment cabinet $100.  Two couches $50 each.  Assorted chairs $10 each.  Small refridgerator $20.  Call Dr. Neil Carmena 878-8108.

 

seeking a retired/semi-retired MD wanting to earn good pay with a part-time, flexible schedule.  Needs current Nevada license.  Fax CV to 239-931-7381 or email jobs@rtsx.com .

 

southern nevada lab services: is a newly established clinical laboratory providing accurate and timely results using leading edge equipments.  We specialize in home health agencies and assisted living facilities, offering PICC line draws and onsite PT/INR testing.  Call us @ 437-5227.

 

 

 

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