OPEN SESSION BOARD MEETING

EXECUTIVE BOARD ROOM CAL-NEVA RESORT LAKE TAHOE

2 STATELINE ROAD CRYSTAL BAY, NEVADA 89402

FRIDAY, AUGUST 15, 1997 AND SATURDAY, AUGUST 16, 1997

FRIDAY, AUGUST 15, 1997

MEMBERS PRESENT: Susan S. Buchwald, M.D., President; Rex T. Baggett, M.D., Vice President; Dipak K. Desai, M.D., Secretary-Treasurer; M. Nafees Nagy, M.D.; Arne D. Rosencrantz; Victor Scaramosino; Paul A. Stewart, M.D.; Jaculine C. Jones, Ed.D.

MEMBER ABSENT: Cheryl A. Hug-English, M.D.

STAFF PRESENT: Larry D. Lessly, J.D., Executive Director; Maureen E. Lyons, Assistant Executive Director; Richard J. Legarza, J.D., General Counsel; Vicki L. Knopf, Chief Investigator; Lana L. Millard, Investigator; Betty L. Tonner, License Specialist

ALSO PRESENT: Leslie A. Nielsen, J.D., Senior Deputy Attorney General; Joel N. Lubritz, M.D.

AGENDA ITEM 1

Call to Order- Susan S. Buchwald, M.D., President

The meeting was called to order by the Board President, Susan S. Buchwald, M.D., at 6:00 p.m.

Dr. Buchwald introduced Joel N. Lubritz, M.D. as the board's newest appointed member effective September 1, 1997. Dr. Lubritz gave a brief personal background stating that he moved to Las Vegas upon completion of his Otolaryngology residency at Charity Hospital in New Orleans, Louisiana in 1972 and has been practicing in Las Vegas as an E.N.T. physician ever since.

AGENDA ITEM 2 Election of Officers

Dr. Buchwald asked for nominations for the office of President.

Mr. Scaramosino nominated Dr. Baggett for the office of President. Dr. Nagy seconded the motion. There being no other nominations, Dr. Baggett was elected President by acclamation of the board.

Dr. Buchwald transferred the gavel to Dr. Baggett, who called for nominations for the office of Secretary-Treasurer.

Dr. Nagy nominated Dr. Desai for the office of Secretary-Treasurer. Mr. Scaramosino seconded the motion. Dr. Stewart moved to close the nominations, and Dr. Desai was elected Secretary-Treasurer by acclamation.

Dr. Baggett called for nominations for the office of Vice President.

Dr. Stewart nominated Mr. Rosencrantz for the office of Vice President. Dr. Nagy seconded the motion. Dr. Stewart moved to close the nominations, Dr. Buchwald seconded the motion, and Mr. Rosencrantz was elected Vice President by acclamation.

AGENDA ITEM 3

Appointment of Members to the Investigative and Internal Affairs Committees

Dr. Buchwald moved to table this agenda item until continuation of the meeting tomorrow, Saturday, August 16, 1997. Mr. Rosencrantz seconded the motion, and it passed unanimously.

PAGE 3 OF MINUTES MISSING

National Association of Drug Diversion Investigators, Inc.'s Eighth Annual Training Conference in Cleveland, Ohio on October 15 - 17, 1997

Mr. Lessly requested the board's approval to allow Mr. Legarza and Ms. Millard to attend the training conference.

Dr. Desai moved to allow Mr. Legarza and Ms. Millard to attend the training conference. Dr. Stewart seconded the motion, and it passed unanimously.

Fred Pryor Seminars' The Exceptional Assistant in Reno, Nevada on September 29, 1997

Mr. Lessly requested the board's approval to allow Ms. Nolan to attend the seminar.

Dr. Desai moved to allow Ms. Nolan to attend the seminar. Mr. Scaramosino seconded the motion, and it passed unanimously.

Substitution of New Board Investigator for Past Board Investigator for Previously Approved Attendance at The Council on Licensure, Enforcement and Regulation's National Certified Investigator/Inspector Training Basic Program in Norfolk, Virginia on September 2 - 5, 1997

Mr. Lessly requested the board's approval to allow Mrs. Pawlikowski to substitute for the past investigator for attendance at the basic, as opposed to advanced, training program.

Dr. Stewart moved to approve the substitution of Mrs. Pawlikowski for attendance at the basic training program. Dr. Desai seconded the motion, and it passed unanimously.

RECESS

The meeting recessed at 6:15 p.m.

SATURDAY, AUGUST 16, 1997

MEMBERS PRESENT: Rex T. Baggett, M.D., President; Arne D. Rosencrantz, Vice President; Dipak K. Desai, M.D., Secretary-Treasurer; M. Nafees Nagy, M.D.; Susan S. Buchwald, M.D.; Victor Scaramosino; Paul A. Stewart, M.D.; Jaculine C. Jones, Ed.D.

MEMBER ABSENT: Cheryl A. Hug-English, M.D.

STAFF PRESENT: Larry D. Lessly, J.D., Executive Director; Maureen E. Lyons, Assistant Executive Director; Richard J. Legarza, J.D., General Counsel; Vicki L. Knopf, Chief Investigator; Lana L. Millard, Investigator; Rebecca A. Gaul, License Specialist

ALSO PRESENT: Leslie A. Nielsen, J.D., Senior Deputy Attorney General; C. Robert Vanselow, P.A.-C, Representative, Physician Assistant Advisory Committee to the Board; Susan M. Vanselow, P.A.-C, Alternate Representative, Physician Assistant Advisory Committee to the Board; Robert R. Barengo, J.D., Legislative Counsel; F. Victor Rueckl, M.D., Director, Nevada Health Professionals Assistance Foundation; James M. Tracy, D.D.S., Assistant Director, Nevada Health Professionals Assistance Foundation; Joel N. Lubritz, M.D.

The meeting was reconvened by the board President, Rex T. Baggett, M.D., at 8:00 a.m.

AGENDA ITEM 3 (CONTINUED)

Appointment of Members to the Investigative and Internal Affairs Committees

Dr. Buchwald moved to remove this agenda item from the table. Mr. Rosencrantz seconded the motion, and it passed unanimously.

Dr. Baggett appointed the following members to the Internal Affairs Committee: Mr. Rosencrantz as Chairperson, Dr. Lubritz, and Dr. Hug-English.

Dr. Baggett appointed the following members to the Investigative Committee: Dr. Desai as Chairperson, Dr. Buchwald, and Dr. Jones.

AGENDA ITEM 5 Approval of Minutes

5 (c) June 7, 1997 Board Meeting - Open/Executive Sessions

Dr. Buchwald moved to approve the minutes of the June 7, 1997 Board Meeting - Open/Executive Sessions. Dr. Jones seconded the motion, and it passed unanimously.

5 (d) July 10, 1997 Telephone Conference Call Board Meeting - Open Session

Dr. Buchwald moved to approve the minutes of the July 10, 1997 Telephone Conference Call Board Meeting - Open Session. Dr. Desai seconded the motion, and it passed unanimously.

AGENDA ITEM 6

Consideration of Extent of Settlement Authority for Settlement Conference in the Matter of the BME vs. Harriston Lee Bass, Jr.. M.D.. Nevada Supreme Court Case No. 30632

- Leslie A. Nielsen, J.D., Senior Deputy Attorney General

Mrs. Nielsen reported that a settlement conference is scheduled to be held on Monday, August 18, 1997, concerning Harriston Lee Bass, Jr., M.D.'s cross appeal of the District Court's decision in a petition for judicial review. She stated that as it is not practical for the full board to be present at the settlement conference, she has asked Mr. Lessly to be present as representative of the board.

Mrs. Nielsen stated that Dr. Bass is appealing his conviction by the board of gross malpractice in Count One in the board's disciplinary order against him. He stated that the District Court set aside Count Two for repeated malpractice, substituting its own decision of not guilty for the board's decision that Dr. Bass was guilty of repeated malpractice, and that the board is appealing that decision on Count Two.

Mrs. Nielsen advised that she and Mr. Lessly require authority from the board to participate in a settlement negotiation. Mrs. Nielsen added that any proposed settlement reached at the conference would be contingent upon approval by the board.

Dr. Baggett stated his feeling that since the board has not changed its position on its finding of repeated malpractice in its disciplinary order against Dr. Bass, a settlement of the matter would not be appropriate.

After some discussion, the general consensus of members was to not authorize any proposal for settlement of the matter.

AGENDA ITEM 7

Board Member Training Session

7 (e) Presentation by Governor Miller's Office Re: Board Appointments - Colleen Cohan, Executive Assistant, Boards and Commissions, Office of the Governor

7 (f) Overview of Training Session

- Maureen E. Lyons, Assistant Executive Director

7 (g) Licensing Statutes, Rules, Procedures and Policies - Rebecca A. Gaul, License Specialist

7 (h) Investigative Procedures and Operations - Vicki L. Knopf, Chief Investigator

7 (i) Disciplining of Physicians and Physician Assistants - Richard J. Legarza, J.D., General Counsel

7 (j) Open Meeting Law, Ethics and Conflict of Interest

- Leslie A. Nielsen, J.D., Senior Deputy Attorney General, Office of the Attorney General

7 (k) Administrative Operations

- Larry D. Lessly, J.D., Executive Director/Special Counsel

7 (l) Review and Questions

- Executive Staff and Staff Presenters

The training session took place encompassing agenda items 7 (e) through 7 (l).

RECESS

The meeting recessed for lunch at 10:45 a.m.

The meeting reconvened at 1:15 p.m.

AGENDA ITEM 8

Long-Range Planning Session - Setting of Board Goals and Objectives for Biennial Period 1997-1999

- Board Members, Executive Staff, Staff and Robert R. Barengo, J.D., Legislative Counsel

Items suggested by members and discussed under this agenda item included:

1. ... diet drugs, including Phen-fen;

2. ... dual licensure of physicians by the Board of Medical Examiners and the Nevada State Board of Homeopathic Medicine;

3. ... Advanced Practitioners of Nursing;

4 ... Nevada State Board of Osteopathic Medicine;

5 ... Nevada State Medical Association;

6. ... Diversion Program; and

7. ... public awareness of the Board of Medical Examiners.

Under discussion of the dual licensure of physicians by the Board of Medical Examiners and the Nevada State Board of Homeopathic Medicine, Mr. Barengo reported on new legislation to become effective on October 1, 1997, concerning the jurisdiction of the Board of Medical Examiners over physicians who hold dual licensure in Nevada.

Dr. Desai moved to draft a letter to the Nevada State Board of Homeopathic Medicine and to all physicians holding dual licensure in the state of Nevada informing of the new legislation as described by Mr. Barengo and the board's intent to enforce it. Dr. Nagy seconded the motion, and it passed unanimously.

Under discussion of the Nevada State Board of Osteopathic Medicine, Dr. Desai moved to appoint a liaison/consultant to that board to encourage more interaction between the two boards. Dr. Stewart seconded the motion, and it passed unanimously.

AGENDA ITEM 9

Matters for Future Agenda

Reconsideration of the new Investigative Committee procedure will be placed as an action item on the September meeting agenda.

Consideration to retain Robert R. Barengo, J.D., Legislative Counsel will be placed as an action item on the September meeting agenda.

AGENDA ITEM 10 Public Comment

There was no public comment.

ADJOURNMENT

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

The meeting adjourned at 3:35 p.m.