BOARD OFFICE CONFERENCE ROOM
PRESENT: Thomas J. Scully, M.D., President;
Susan S. Buchwald, M.D., Vice President; M. Nafees Nagy, M.D., Secretary-Treasurer;
Rex T. Baggett, M.D.; Dipak K. Desai, M.D.; Kathleen L. Ebner; Arne D.
Rosencrantz; Paul A. Stewart, M.D.
ABSENT: Victor Scaramosino
STAFF PRESENT: Larry D. Lessly, Executive
Director; Maureen E. Lyons, Administrative Assistant; Richard J. Legarza,
General Counsel; Lana L. Millard, Receptionist/ License Specialist
ALSO PRESENT: Jan J. Cohen, Senior Deputy
Attorney General
AGENDA ITEM 1
Call to Order - Thomas J. Scully, M.D., President
The meeting was called to order by the Board
President, Thomas J. Scully, M.D., at
AGENDA ITEM 2
Approval of Minutes
-
Mrs. Ebner indicated that the heading on the
Executive Session minutes reads "Open Session" and should be
corrected to read "Executive Session." Dr. Scully indicated that Dr.
Roitman's first name as it appears in the Open Session minutes reads "
Dr. Desai moved to accept the
AGENDA ITEM 5
Discussion of Proposed Changes to
Mr. Lessly referred members to the Proposed
Permanent Amendments to Regulations as shown in the agenda book. He advised
that hearings to receive comments from the public concerning the proposed
amendments will be held in northern and southern
Mr. Lessly reviewed each proposed change to
NAC Chapter 630 and received comments from members as follow:
1) NAC
630.230 Prohibited professional conduct - no comments were made regarding the
proposed changes to this regulation;
2) NAC 630.290 Application for certification
- Dr. Nagy recommended the language "in the presence of a physician"
be added, so that a physician assistant can only prescribe controlled
substances in the presence of a physician;
3) NAC 630.330 Contents of certificate - no
comments recommendations were made regarding the proposed change to this
regulation;
4) NAC
630. Intractable pain defined - Dr.
Buchwald directed that the word "intractable" be removed from the
definition, as it is what is being defined;
5) NAC
630. Confidentiality of Diversion
Program - no comments were made regarding this proposed new regulation;
6) NAC
630. Gross malpractice defined - no
comments were made regarding this proposed new regulation;
7) NAC 630. Malpractice
defined - no comments were made regarding this proposed new regulation;
8) NAC
630. Gross medical negligence
defined - no comments were made regarding this proposed new regulation; and
9) NAC 630. Appetite suppressants - no
comments recommendations were made regarding this proposed new regulation.
Dr. Nagy moved to approve the proposed
permanent amendments to regulations for public hearing per
AGENDA ITEM 3 Personnel
- Ratification of Appointment of Bookkeeper
Mr. Lessly requested the Board's
ratification of the hiring of Robert A. Frantz to begin employment on
Dr. Nagy moved to ratify the hiring of Mr.
Frantz as bookkeeper effective
Mr. Frantz appeared and gave a brief
background of his employment history. He stated that he looks forward to
working for the Board and providing members with innovative projections,
budgets and investment opportunities, and with comprehensive bookkeeping using
his extensive computer background.
AGENDA ITEM 6
Consideration of Request from the Federation
of State Medical Boards for Support for Adoption of the Model Act. "An Act
to Regulate the Practice of Medicine Across State Lines"
Dr. Scully advised that the Board must give
some direction to Dr. Buchwald regarding its position concerning the Federation
of State Medical Boards' proposed telemedicine model act, as she is the Board's
voting delegate for the Federation's Annual Meeting and will be involved in
discussion of the model act.
Mr. Lessly gave a brief background
surrounding the telemedicine issue, stating that
Mr. Lessly stated that the Board is required
by statute to ensure that all applicants for licensure meet certain
requirements and added his feeling that applicants for telemedicine licensure
should be required to meet the same statutory requirements as applicants for
full licensure. Dr. Nagy added that the Board's mandate is to protect the
health, safety, and welfare of the citizens of
Dr. Baggett made the suggestion that a
condition for the practice of telemedicine be that a patient's local physician
be required to be physically present during his or her patient's telemedicine
consultation by a telemedicine licensee. Mr. Legarza expressed his support of Dr.
Baggett's suggestion that each telemedicine licensee be required to have a
fully licensed
Dr. Scully directed Mr. Legarza to draft a
letter from the Board to James R. Winn, M.D., Executive Vice President of the
Federation of State Medical Boards, in anticipation of telemedicine discussion
at the Federation's annual meeting, expressing the Board's position that:
1) The State of Nevada does not grant
reciprocity for the practice of medicine and would be opposed to any licensing
exception in the area of telemedicine by allowing reciprocity for the practice
of telemedicine in Nevada; and
2) In telemedicine situations across state
lines where the intent is to provide the patient with additional expertise,
some consideration should be given to a requirement that the patient's
physician in the recipient state - the patient's physical location - be present
and participate in the treatment and care of the patient.
Dr. Scully directed Dr. Buchwald to express
at the Federation's annual meeting the Board's position that telemedicine
licensure in
AGENDA ITEM 7
Investigative Committee Report - M. Nafees Nagy, M.D., Chairman
Mrs. Lyons distributed for members' review
copies of the 1995 Investigative Committee Statistical Report prepared by Kathy
Shapland, Investigative Support Assistant.
AGENDA ITEM 12
Executive Director's Report - Larry D. Lessly
12 (g) Discussion of Federation of State
Medical Boards' Annual Statistical Press Release
Mr. Lessly distributed copies of the
Federation of State Medical Boards' 1995 Disciplinary Statistical Report and
advised that the Nevada Medical Board ranked fourteenth in the nation for the
most disciplinary actions taken during 1995.
AGENDA ITEM 7 (continued)
Investigative Committee Report - M. Nafees Nagy, M.D., Chairman
Dr. Nagy distributed the listing of
recommended cases for closure from the
Mr. Rosencrantz moved to close the cases
recommended for closure by the Investigative Committee. Dr. Buchwald seconded
the motion, and it passed unanimously.
AGENDA ITEM 8
Secretary-Treasurer's Report - M. Nafees Nagy, M.D.
Mr. Lessly distributed copies of the Account
Balances Report as of
Mr. Lessly reported that the $19, 000± under
the computer category of the Board's budget will be spent on the approved new
computer hardware and software for the Board offices by
AGENDA ITEM 10
Setting of Additional Board Business Meeting
in Mid-Summer 1996 - Thomas J. Scully, M.D., President
Dr. Scully stated that members should
already be aware of the additional 1996 Board meeting scheduled for
1) Issues
for the 1997 Legislative Session;
2) Discussion
of the Board's Diversion Program;
3) Setting
of the 1997-1999 Registration Fee; and
4) Investigative/Legal
Training Session.
AGENDA ITEM 11
Legal Report - Richard J. Legarza, General Counsel
Jan J. Cohen, Senior Deputy Attorney General
11 (a) Consideration of Monitoring Fee
Policy
Mr. Legarza advised the Board not to adopt a
policy specifying probationary monitoring fee amounts to be imposed by the
Board in its disciplinary actions. He stated that NRS Chapter 630 sets out the
sanctions which can be imposed by the Board and the setting of monitoring fee
amounts may take away from the Board's discretionary ability to impose those
sanctions. After some discussion, it was decided by consensus to take Mr.
Legarza's advice.
11 (b) Status of Petition for Judicial
Review - Warren S. Gilbert, M. D.
Mr. Legarza reported that he has filed a
Record on Appeal and Dr. Gilbert's attorney has twenty more days to file Points
and Authorities in the matter.
11 (c) Status of Federal Court Complaint -
McGelvey vs. Patricia R. Perry
Mr. Legarza briefed the Board concerning
this matter which involves a lawsuit against Patricia R. Perry, former Executive
Director of the Board, by a
RECESS
The meeting recessed at
The meeting was reconvened by the Board
President, Thomas J. Scully, M.D., at
PRESENT: Thomas J. Scully, M.D., President;
Susan S. Buchwald, M.D., Vice President; M. Nafees Nagy, M.D.,
Secretary-Treasurer; Rex T. Baggett, M.D.; Dipak K. Desai, M.D.; Kathleen L.
Ebner; Arne D. Rosencrantz; Paul A. Stewart, M.D.
ABSENT: Victor Scaramosino
STAFF PRESENT: Larry D. Lessly, Executive
Director; Maureen E. Lyons, Administrative Assistant; Richard J. Legarza,
General Counsel; Charles J. Romanolo, Diversion Program Compliance Specialist;
Lana L. Millard, Receptionist/License Specialist
ALSO PRESENT: Jan J. Cohen, Senior Deputy
Attorney General; C. Robert Vanselow, P.A.-C, Representative, Physician
Assistant Advisory Committee to the Board
AGENDA ITEM 11 (continued)
Legal Report - Richard J. Legarza, General Counsel
Jan J. Cohen, Senior Deputy Attorney General
11 (d) Status of Petition for Judicial
Review - Harriston Lee Bass. Jr. M. D.
Ms. Cohen advised that this matter has been
adjudicated in favor of the Board. Mr. Lessly advised that Dr. Scully has
signed the letter of reprimand to Dr. Bass, which will be published in the
Board's newsletter.
11 (e) Status of Ninth Circuit Court Review
- Alan J. Mishler, M.D.
Ms. Cohen advised that the current issue in
this matter to be argued is whether Dr. Mishler was prohibited discovery during
the hearing of the Board's Complaint against him as to the Board's alleged bias
against him.
11 (f) Remand Hearing Update - Harriston Lee
Bass Jr. M .D.
Ms. Cohen advised that she hopes to set a
hearing date in this matter for sometime during the summer of 1996 - perhaps in
August.
AGENDA ITEM 12
Executive Director's Report - Larry D. Lessly (continued)
12 (h) Review and Approval of Board
Newsletter - April 1996_ Edition
Mr. Lessly stated that he had distributed
copies of the April 1996 newsletter to members during a meeting break this
morning and asked for any comments or suggested changes.
After some discussion, Dr. Nagy moved to
approve the April 1996 newsletter for distribution. Mr. Rosencrantz seconded
the motion, and it passed unanimously.
12 (i) Review of Federation of Sate Medical
Boards' Ad Hoc Committee Report on Physician Impairment
Mr. Lessly stated that he placed this
material in the agenda books for members' review and information, only.
AGENDA ITEM 4
Approval of Retention of Legal Counsel for
Legislative Matters
Dr. Scully advised that the Board needs
consider assistance for the 1997 Legislative Session as it begins in just nine months
and added that Mr. Lessly has recommended the retention of Robert R. Barengo
for such purpose.
Mr. Lessly introduced Mr. Barengo and
advised that he invited him to the meeting to respond to any questions. He
stated that Mr. Barengo has a history of representation of clients in the
health care industry, and would actively protect the Board's best interest and
keep the Board properly advised during the 1997 Legislative Session.
Mr. Barengo responded to several questions
from members, and advised that he does not feel that his past and present work
experience would cause any conflicts with his working for the Board.
Dr. Nagy moved to retain Mr. Barengo as
legislative counsel beginning in January 1997 for not more than $3,000 per
month, plus any additional fees for any singular specific assignments from the
Board such as assistance with the drafting of proposed legislation which
assistance is required as soon as possible. Dr. Baggett seconded the motion,
and it passed unanimously.
AGENDA ITEM 9
Diversion Program Report - Charles J. Romanolo, Diversion Program Compliance Specialist
Mr. Romanolo referred members to his
Diversion Program Statistical Report for August 1995 through
Mr. Romanolo reviewed statistics for members
and responded to questions. He advised that he will be sending a "reminder
(collections) letter" with his invoices this quarter to those program
participants who are in arrears in paying their monitoring fees.
Dr. Scully asked whether the task of urine
collections is becoming overwhelming for Mr. Romanolo. Mr. Romanolo responded
that this task takes much of his time, especially since many of the aftercare
programs require urines to be taken twice each month. He advised that he may
require help with this task on a case-by-case basis in the near future.
AGENDA ITEM 13
Adjudication
- BME vs. Karl William Meisenheimer, M.D.,
Case No. 95-5131-2
A Court Reporter was in attendance to record
this Agenda Item.
Adjudicating members, Dr. Scully, Chairman,
Dr. Buchwald, Dr. Desai and Mr. Rosencrantz, found Dr. Meisenheimer guilty of
both counts one and two of the Complaint in case no. 955131-2. Dr. Desai moved
to suspend Dr. Meisenheimer's license for a period of thirty days, fine him
$2,000, charge him $2,000 to cover administrative and investigative costs in
bringing the Complaint against him, issue him a public written reprimand, and
order him to perform forty hours of community service, which service to be
designated by the Investigative Committee of the Board.
(Please refer to the Court Reporter's
transcript for further detail.)
AGENDA ITEM 17
Ratification of Licenses Issued. Status
Changes & Reinstatements
Mrs. Ebner moved to ratify the licenses
issued, and the license status changes and reinstatements made since the
February 1996 Board meeting. Dr. Desai seconded the motion, and it passed
unanimously.
AGENDA ITEM 18
Matters for Future Agendas
Mr. Lessly asked members to consider for
discussion at the July Board meeting the following recommendations for possible
proposed legislation for the 1997 Legislative Session:
Sec. 1
NRS 630.110 is hereby amended to read as
follows:
630.110 Compensation of members and employees;
deposit of money received by board.
1. Out of the money coming into the
possession of the board, each member and advisory member of the board is
entitled to receive;
(a) A salary of not more than $80 per day,
as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses
at a rate fixed by the board, while engaged in the business of the board. The
rate must not exceed the rate provided for state officers and employees
generally.
2. While engaged in the business of the
board, each employee of the board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the board. The rate must not exceed the
rate provided for state officers and employees generally.
3. Expenses of the board and the expenses
and salaries of its members and employees must be paid from the fees received
by the board pursuant to the provisions of this chapter, and no part of the
salaries or expenses of the board may be paid out of the state general fund or
from the penalties imposed by the board pursuant to this chapter.
4. All money received by the board from:
(a) Fees must be deposited in financial
institutions in this state which are federally insured, invested in United
States treasury bills or notes. or deposited in institutions in this state
whose business is the making of investments.
(b) Penalties must be deposited with the
state treasurer for credit to the state general fund.
Sec. 2
NRS 630.160 is hereby amended to read as
follows:
630.160 Requirements for license to practice
medicine.
1. Every person desiring to practice
medicine must, before beginning to practice, procure from the board a license
authorizing him to practice.
2. Except as otherwise provided in NRS
630.161 or 630.164, a license may be issued to any person who:
(a) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(b) Has received the degree of Doctor of
Medicine from a medical school;
(1) Approved by the Liaison Committee for
Medical Education of the American Medical Association and American Association
of Medical Colleges; or
(2) Which provides a course of professional
instruction equivalent to that provided in medical schools in the United States
approved by the Liaison Committee for Medical Education[which he attended for a
total of 2 years immediately preceding the granting of the degree];
(c) Has passed;
(1) All parts of the examination given by
the National Board of Medical Examiners;
(2) All parts of the Federation Licensing
Examination;
(3) All parts of the United States Medical
Licensing Examination;
(4) All parts of a licensing examination
given by any state or territory of the United Sates, if the applicant is
certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the Licentiate of the
Medical Council of Canada examination; or
(6) Any combination of the examinations
specified in subparagraphs (1), (2) and (3) that the board determined to be
sufficient;
(d) Has completed 3 years of:
(1) Graduate education as a resident in the
United States or Canada in a program approved by the board, the Accreditation
Council for Graduate Medical Education of the American Medical Association or
the Coordinating Council of Medical Education of the Canadian Medical
Association; or
(2) Fellowship training in the United States
or Canada approved by the board or the Accreditation Council for Graduate
Medical Education; and
(e) (Appears personally before the board and)
satisfactorily passes a written or oral examination, or both, as to his
qualifications to practice medicine and provides the board with a description
of the clinical program completed demonstrating that the applicant's clinical
training met the requirements of paragraph (b) of this subsection.
Sec. 3
NRS 630.165 is hereby amended to read as
follows:
630.165 Application and affidavit for
license; additional requirements; burden of proof; appearance for examinations.
1. Any applicant for a license to practice
medicine shall submit to the board, on a form provided by the board, an
application in writing, accompanied by an affidavit stating that:
(a) The applicant is the person named in the
proof of graduation and that it was obtained without fraud or misrepresentation
or any mistake of which the applicant is aware; and
(b) The information contained in the
application and any accompanying material are complete and correct.
2. In addition to the other requirements for
licensure, the board may require further evidence of the mental, physical,
medical or other qualifications of the applicant it considers necessary.
3. The applicant bears the burden of proving
and documenting his qualifications for licensure.
[4. If an applicant does not appear for two
consecutive examinations after receiving notification by the board that his
application is complete, the board shall reject the application.]
Sec. 4
NRS 630.255 is hereby amended to read as
follows:
630.255 Inactive licensees: Leaving state;
ceasing or failing to practice; reinstatement.
1. Any licensee who changes the location of
his practice of medicine from this state to another state or country, has never
engaged in the practice of medicine in this state after licensure or has ceased
to engage in the practice of medicine in this state for 12 consecutive months
[must] may be placed on inactive status by order of the board.
2. Before resuming the practice of medicine
in this state, the inactive registrant shall:
(a) Notify the board of his intent to resume
the practice of medicine in this state;
(b) File an affidavit with the board
describing his activities during the period of his inactive status;
(c) Complete the form for registration for
active status;
(d) Pay the applicable fee for biennial
registration; and
(e) Satisfy the board of his competence to
practice medicine.
3. If the board determines that the conduct
or competence of the registrant during the period of inactive status would have
warranted denial of an application for a license to practice medicine in this
state, the board may refuse to place the registrant on active status.
Sec. 5
NRS 630.273 is hereby amended to read as
follows:
630.273 Physician's assistant: Issuance and
conditions of certificate.
1. The board may issue a certificate to an
applicant who is qualified under the regulations of the board to perform
medical services under the supervision of a supervising physician. The
application for a certificate as a physician's assistant must be cosigned by
the supervising physician.[, and the certificate is valid only so long as that
supervising physician employs and supervises the physician's assistant].
2. A supervising physician shall not cosign
for, employ or supervise more than one physician's assistant at the same time,
except that in a township whose population is less than 16,000, he may
supervise two physician's assistants at the same time.
Sec. 6
NRS 630.301 is hereby amended to read as
follows:
630.301 Grounds for initiating disciplinary
action or denying licensure: Criminal offenses; suspension or other
modification of previous license; surrender of previous license while under
investigation; gross or repeated malpractice. The following acts, among other,
constitute grounds for initiating disciplinary action or denying licensure:
1. Conviction of a felony, any offense
involving moral turpitude or any offense relating to the practice of medicine
or the ability to practice medicine. A plea of nolo contendere is a conviction
for the purposes of this subsection.
2. Conviction of violating any of the
provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.
3. The suspension, modification or
limitation of the license to practice any type of medicine by any other
jurisdiction or the surrender of the license or discontinuing the practice of
medicine while under investigation by any licensing authority, a medical
facility, a branch of the armed services of the United States, an insurance
company, an agency of the Federal Government or an employer.
4. Gross [or repeated] malpractice or
malpractice, which may be evidenced by claims [of malpractice] settled against
a practitioner.
Sec. 7
NRS 630.352 is hereby amended to read as
follows:
630.352 Notification of disposition of
charges; board may provide physician with copy of complaint; disciplinary
actions available to board.
1. Any member of the board, except for an
advisory member serving on a panel of the board hearing charges, may
participate in the final order of the board. If the board, after a formal
hearing, determines from clear and convincing evidence that a violation of the
provisions of this chapter or of the regulations of the board has occurred, it
shall issue and serve on the physician charged an order, in writing, containing
its findings and any sanctions.
2. If the board determines that no violation
has occurred, it shall dismiss the charges, in writing, and notify the
physician that the charges have been dismissed. If the disciplinary proceedings
were instituted against the physician as a result of a complaint filed against
him, the board may provide the physician with a copy of the complaint,
including the name of the person, if any, who filed the complaint.
3. Except as otherwise provided in
subsection 4, if the board finds that a violation has occurred, it may by
order:
(a) Place the person on probation for a
specified period on any of the conditions specified in the order;
(b) Administer to him a public reprimand;
(c) Limit his practice or exclude one or
more specified branches of medicine from his practice;
(d) Suspend his license for a specified
period or until further order of the board;
(e) Revoke his license to practice medicine;
(f) Require him to participate in a program
to correct alcohol or drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform public service
without compensation;
(j) Require him to take a physical or mental
examination or an examination testing his competence; [and]
(k) Require him to fulfill certain training
or education requirements: and
(1) Require him to pay all costs incurred by
the board relating to the discipline of the person.
4. If the board finds that the physician has
violated the provisions of NRS 439B.425, the board shall suspend his license
for a specified period or until further order of the board.
Sec. 8
Chapter 630 of NRS is hereby amended by
adding thereto a new section to read as follows:
630. Contempt. If any person in proceedings
before the board disobeys or resists any lawful order or refuses to respond to
a subpoena. or refuses to take the oath or affirmation as a witness or
thereafter refuses to be examined, or is guilty of misconduct during a hearing
or so near the place thereof as to obstruct the proceeding. the board shall
certify the facts to the district court of the county where the proceeding is
being conducted. The court shall thereupon issue an order directing the person
to appear before the court and show cause why he should not be punished as for
contempt. The order and a copy of the certified statement shall be served on
the person. Thereafter the court shall have jurisdiction of the matter. The
same proceedings shall be had, the same penalties may be imposed and the person
charged may purge himself of the contempt in the same way. as
in the case of a person who has committed a contempt in the trial of a civil
action.
Dr. Scully directed that these proposals be
detailed in the minutes of this meeting so that members can review them in
preparation for the July meeting's legislative discussion.
AGENDA ITEM 14
Consideration of Request for Temporary
Licensure
- Neil Robertson Mackenzie Buist, M.D.
Rebecca A. Gaul, License Specialist,
appeared for this agenda item.
Mr. Lessly advised that Dr. Buist had
initially applied for licensure in October 1994, to work for the State of
Dr. Buist appeared with Judith Wright of the
Health Division and stated that he is present at the request of the Health
Division. Dr. Nagy asked Dr. Buist why he did not take the SPEX. Dr. Buist
stated that it is not to his advantage to take the SPEX and the examination has
nothing to do with his specialty. Dr. Scully advised Dr. Buist that Nevada does
not license by specialty. Dr. Buist stated that since it is Nevada which needs
him and not vice versa, he feels he should not have to put himself out by
taking the SPEX. Dr. Nagy stated his feeling that Dr. Buist is willfully
refusing to take the SPEX and is, therefore, shunning Nevada law. Mr. Lessly
asked Dr. Buist whether he would consider taking the SPEX if the Board offered
to issue him a temporary license for a specified term in which for him to do so.
Dr. Buist stated that he would think about it and thanked the Board for its
time.
Mr. Legarza advised that per statute,
temporary licenses are not renewable and Dr. Buist is ineligible for any type
of licensure unless he takes and passes the SPEX or any American Board of
Medical Specialties certification examination. Mr. Lessly stated that Mrs. Gaul
has put together a listing of 24 metabolic specialists in California. Dr. Nagy
directed that the Health Division be provided that list. Dr. Baggett stated his
feeling that at this point the Board has exhausted all possible avenues by
which it could assist the Health Division.
Mr. Lessly was directed to draft a letter to
the Health Division concerning the circumstances surrounding Dr. Buist's
ineligibility for Nevada permanent and temporary licensure and his failure to
take the SPEX, and to enclose with the letter a copy of Mrs. Gaul's listing of
metabolic specialists.
RECESS
The meeting recessed for lunch at
The meeting reconvened at 12:45 p.m.
AGENDA ITEM 15
Review of Controlled Substance Prescribing
by Physician Assistants as Authorized by 1995 Legislature
Dr. Scully confirmed with members that they
had reviewed the minutes from the 1995 Legislative session, distributed earlier
in the meeting, pertaining to the adoption of the law allowing controlled
substance prescribing by physician assistants. He introduced Keith Macdonald,
Executive Secretary for the Nevada State Board of Pharmacy, Dr. Paul Dieringer,
incoming President of the Nevada State Medical Association, and Larry Matheis,
Executive Director of the Nevada State Medical Association.
Mr. Macdonald briefly explained the Pharmacy
Board's schedules of drugs, and defined various narcotics and amphetamines. He
advised that physician assistants who prescribe any type of medication are
required to be licensed by the DEA and by the Nevada State Board of Pharmacy
and may only do so under the supervision of a physician per NRS Chapter 630. He
added that a physician assistant is limited to prescribing those drugs which
his supervising physician is limited to prescribe.
Mr. Vanselow described the physician
assistant/ supervising physician relationship as a "living dynamic
process" and gave a history of physician assistant prescribing to date,
stating that he was responsible for drafting the language for the legislation
which eventually passed allowing controlled substance prescribing by physician
assistants.
Dr. Dieringer stated that it is his and the
Nevada State Medical Association's opinion that the new law allowing controlled
substance prescribing by physician assistants is not an attempt on the part of
physician assistants to begin practicing independently of their supervising
physicians.
Mr. Matheis stated that he feels that there
is a false "perception" being created by this new law concerning
controlled substance prescribing by physician assistants. He explained that he
feels the new law creates the perception that physician assistants are now able
to act independently of their supervising physicians. He stated that he feels
some sort of enforcement procedure to ensure that physician assistants are not
acting independently needs to be implemented to alleviate this perception.
After some discussion, Dr. Scully directed
that the Board's "Application for Approval as Supervising Physician"
form be re-drafted by Mr. Legarza in a manner which more strongly defines and
reinforces a supervising physician's responsibility to the Board and for his
physician assistant, and that letters be drafted and sent to all physician
assistants and supervising physicians specifically advising them of the laws
concerning controlled substance prescribing by physician assistants.
AGENDA ITEM 16
Acceptance of Applications for Licensure -
Appearances
open session
16(o) Attila Somosheavi-Szokol. M.D.
Attila Somoshegyi-Szokol, M.D. appeared
before the Board with Mr. Romanolo and Dr. F. Victor Rueckl, consultant to the
Board's Diversion Program. Dr. Scully stated that after expiration of Dr.
Szokol's temporary license in January 1995, he entered the Talbot-Marsh
Treatment Program in Georgia due to his relapse of alcohol abuse in Nevada. He
advised that Dr. Szokol transferred to St. Jude's Recovery Center in Atlanta,
in February 1995 and readmitted to Talbot-Marsh in June 1995, where he
successfully completed his treatment and was discharged in July 1995. Dr.
Scully added that since his discharge from Talbot-Marsh, Dr. Szokol has been
participating in a recovery program and living in California. He advised that
Dr. Szokol is appearing before the Board for consideration of his application
for licensure as he has been offered a position at the Northern Nevada
Correctional Center in Carson City.
Dr. Rueckl stated that he feels that Dr.
Szokol truly wants to remain in recovery at this time and understands that if
he ever again abuses any substance he is through with medicine in Nevada. He
added that he supports Dr. Szokol's request for restricted licensure to work
under Michael P. Fitting, D.O. at the Northern Nevada Correctional Center in Carson
City.
Dr. Szokol stated that he is in recovery,
attends daily AA meetings with his sponsor, participates twice weekly in
intensive aftercare in Oakland, California and meets with his psychologist once
each week. He advised that he last treated a patient in January 1995 during the
term of his temporary
After some discussion, Dr. Nagy moved to
grant Attila Somoshegyi-Szokol, M.D. a restricted license to practice medicine
in Nevada under the following terms and conditions:
1) ...that he work only at the Northern Nevada
Correctional Centers in
2) ...that he work only eight hours per day,
Monday through Friday;
3) ...that he not work on Saturday or
Sunday;
4) ...that he not work any night shifts;
5) ...that he reside in
6) ...that he comply with all of the terms
of his agreement/contract with the Board's Diversion Program.
Dr. Desai seconded the motion, and it passed
unanimously.
Dr. Nagy moved to go into Executive Session
to discuss the character and professional competence of applicants for
licensure. The motion was seconded by Dr. Buchwald, and passed unanimously.
Executive session
16 (j) Ernest Sullivent. M.D.
Upon returning to Open Session, Dr. Desai
moved to accept Ernest Sullivent, M.D.'s two months non-ACGME approved
postgraduate training in Aeromedicine along with his 35 months ACGME approved
postgraduate training as meeting the three-year postgraduate training requirements
for licensure and to accept his application for licensure contingent upon his
entering into a formal contract with the Board's Diversion Program. Dr. Nagy
seconded the motion, and it passed unanimously.
Dr. Desai moved to return to Executive
Session. Dr. Buchwald seconded the motion, and it passed unanimously.
16 (k) Ronald Gemberlina, M.D.
Upon returning to Open Session, Dr. Buchwald
moved to accept the application for licensure of
Dr. Stewart moved to return to Executive
Session. Dr. Nagy seconded the motion, and it passed unanimously.
16 (1) Willifred Campbell, M.D.
Upon returning to Open Session, Dr. Nagy
moved to accept the application for licensure of
Dr. Baggett moved to return to Executive
Session. Dr. Desai seconded the motion, and it passed unanimously.
16 (m)
Upon returning to Open Session, Dr. Nagy
moved to accept the application for licensure of Candice Lane, M.D. Dr.
Buchwald seconded the motion, and it passed unanimously.
open session
16 (n) Brian Rees. M.D.
Brian Rees, M.D. appeared before the Board
due to his affirmative response to question #16 on his application for
licensure indicating that he was a defendant in a malpractice suit.
Dr. Rees explained the circumstances
surrounding the malpractice suit in which he was named a defendant. He advised
that he is currently living in Los Angeles, California and may be moving to
Nevada to consult in natural preventive medicine. He explained that he has
received training in herbal medicines in
Dr. Buchwald moved to accept the application
for licensure of Brian Rees, M.D. Mrs. Ebner seconded the motion, and it passed
unanimously.
16 (p) Bradley Thomas. M.D.
Bradley Thomas, M.D. appeared before the
Board due to his affirmative response to question #16 on his application for
licensure indicating that he was a defendant in a malpractice suit.
Dr. Thomas explained the circumstances
surrounding the malpractice suit in which he was named a defendant. He advised
that he is currently employed at
Dr. Nagy moved to accept the application for
licensure of Bradley Thomas, M.D. Dr. Desai seconded the motion, and it passed
unanimously.
16 (q) Frederick Goll. III. M.D.
Frederick Goll, III, M.D. appeared before
the Board due to his affirmative response to question #18 on his application
for licensure indicating that he was arrested for a motor vehicle violation in
October 1994.
Dr. Goll explained the circumstances surrounding
his arrest, stating that he was speeding in a 35 MPH zone and crossed the
center line. He stated that he was originally charged with OWI (operating a
motor vehicle while intoxicated), but the charge was later reduced to reckless
operation of a motor vehicle. He advised that he plead guilty to the charge of
reckless operation and paid a $500 fine plus court costs.
Dr. Goll advised that he has never received
any disciplinary action against any medical or residency license he has ever
held in any state. He added that he does not abuse alcohol.
Dr. Nagy asked Dr. Goll whether he would be
willing to enter into a contract with the Board's Diversion Program, should
such a contract be found necessary after an evaluation by the program. Dr. Goll
stated that he would be willing to undergo an evaluation and enter into such a
contract if necessary.
Dr. Nagy moved to accept Dr. Frederick
Goll's application for licensure under the conditions as discussed. Dr. Desai
seconded the motion, and it passed unanimously.
Dr. Scully advised Dr. Goll that Mr.
Romanolo would be in contact with him once he has located himself in Nevada.
ADJOURNMENT
Dr. Desai moved to adjourn the meeting. Mr.
Rosencrantz seconded the motion, and it passed unanimously.
The meeting adjourned at 3:25 p.m.