OPEN SESSION

EMERGENCY TELEPHONE CONFERENCE CALL BOARD MEETING

NEVADA STATE BOARD OF MEDICAL EXAMINERS

BOARD OFFICE CONFERENCE ROOM

NEVADA STATE BOARD OF MEDICAL EXAMINERS

1105 TERMINAL WAY SUITE 301 RENO NEVADA

Wednesday, March 20, 1996

PRESENT: Thomas J. Scully, M.D., President; Susan S. Buchwald, M.D., Vice President; Dipak K. Desai, M.D.; Arne D. Rosencrantz; Victor Scaramosino

STAFF PRESENT: Larry D. Lessly, Executive Director; Richard J. Legarza, General Counsel; Maureen E. Lyons, Administrative Assistant; Jan J. Cohen, Senior Deputy Attorney General

ABSENT: M. Nafees Nagy, M.D., Secretary-Treasurer; Rex T. Baggett, M.D.; Kathleen L. Ebner; Paul A. Stewart, M.D.

* These members did not participate in this emergency telephone conference call meeting as they are members of the Investigative Committee and filed the Complaint in this matter.

Consideration of Investigative Committee's Recommendation to Summarily Suspend the License of Ronald Kay Kelly, M.D., Case No. 96-10915-1

The meeting was called to order by Thomas J. Scully, M.D., President, at 10:35 a.m. He confirmed that he, Dr. Buchwald, Dr. Desai, Mr. Rosencrantz and Mr. Scaramosino had received and reviewed the Complaint filed by the Investigative Committee against Ronald Kay Kelly, M.D. in preparation for this emergency meeting.

Ms. Cohen advised that per NRS 233B.127, if the Board finds that the allegations in the Complaint adversely affect the public health, safety or welfare imperatively requiring emergency action, and the Board incorporates a finding to that effect in its order, summary suspension of Dr. Kelly's license may be ordered pending proceedings for revocation or other action. She stated that should the Board decide to summarily suspend Dr. Kelly's license pending a hearing of the Complaint in the matter, the hearing should be set to take place as soon as possible.

Mr. Legarza advised that Dr. Scully directed that a hearing officer be appointed to hear the matter and that the hearing has been set for May 22, 1996. Mr. Legarza reviewed each count of the Complaint against Dr. Kelly, specifically count six, in which it is alleged that Dr. Kelly practiced medicine while under the influence of controlled substances, and count seven in which it is alleged that the continuing practice of medicine by Dr. Kelly during the pendency of the time necessary for a hearing on the Complaint would endanger the health, safety, and welfare of his patients. He added that the Investigative Committee's Complaint prays that at the Board's emergency telephone conference, it affirmatively finds that the public health, safety, and welfare imperatively require emergency action and summarily suspends Dr. Kelly's license to practice medicine in the State of Nevada pending a hearing of the Complaint.

Dr. Scully clarified that the justification for this emergency meeting and the proposed summary suspension of license is based on counts six and seven of the Complaint, and that the other counts as alleged in the Complaint will be considered at the hearing to be held on May 22, 1996. He added that the Board must today decide whether the public health, safety, and welfare will be at risk if Dr. Kelly is allowed to continue to practice medicine pending the hearing and whether it is imperative that his license be summarily suspended.

Dr. Desai moved that the license of Ronald Kay Kelly, M.D. be summarily suspended pending hearing of the Board's Complaint against him in Case No. 96-10915-1. Dr. Buchwald seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Scully advised that due to the immediacy of this emergency action, he has directed Mrs. Ebner to act at Secretary to certify the Order of Summary Suspension so that it may be served upon Dr. Kelly immediately.

ADJOURNMENT

Dr. Desai moved to adjourn the meeting. Mr. Scaramosino seconded the motion, and it passed unanimously.

The meeting adjourned at 10:55 a.m.