OPEN SESSION BOARD MEETING

OPAL CONFERENCE ROOM AT THE EMERALD SPRINGS HOLIDAY INN

325 EAST FLAMINGO ROAD LAS VEGAS, NEVADA 89109

 

SATURDAY, DECEMBER 5, 1998

 

MEMBERS PRESENT: Arne D. Rosencrantz, President; Susan S. Buchwald, M.D., Vice President; Rex T. Baggett, M.D.; Paul A. Stewart, M.D.; Jaculine C. Jones, Ed.D.; Cheryl A. Hug-English, M.D.; Joel N. Lubritz, M.D.

MEMBERS ABSENT: Dipak K. Desai, M.D., Secretary-Treasurer; Victor Scaramosino

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

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, Representative, Physician Assistant Advisory Committee to the Board; F. Victor Rueckl, M.D., Director, Nevada Health Professionals Assistance Foundation; James M. Tracy, D.D.S., Assistant Director, Nevada Health Professionals Assistance Foundation

 

AGENDA ITEM 1

Call to Order - Arne D. Rosencrantz, President

The meeting was called to order by the board's President, Arne D. Rosencrantz, at 9:00 a.m.

 

AGENDA ITEM 2 Approval of Minutes

- August 22, 1998 Board Meeting - Open/Executive Sessions

Dr. Stewart moved to accept the minutes of the August 22, 1998 Board Meeting - Open/Executive Sessions. Dr. Baggett seconded the motion, and it passed unanimously.

 

AGENDA ITEM 3

Consideration of Acceptance of Applications for Licensure - Appearances

Dr. Baggett moved to go into Executive Session to discuss the character and professional competence of applicants for licensure. The motion was seconded by Dr. Hug-English and it passed unanimously.

Executive Session

3 (e) Samuel Martin, M.D.

Upon returning to Open Session, Dr. Baggett moved to accept Samuel Martin, M.D.'s application for licensure. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Bagged moved to return to Executive Session. Dr. Jones seconded the motion, and it passed unanimously.

3 (c) Harold Coats. M. D.

Upon returning to Open Session, Dr. Stewart moved to accept Harold Coats, M.D.'s application for licensure. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Buchwald moved to return to Executive Session. Dr. Baggett seconded the motion, and it passed unanimously.

3 (d) Edward Kaplan, M. D.

Upon returning to Open Session, Dr. Buchwald moved to accept Edward Kaplan, M.D.'s application for licensure. Dr. Jones seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Baggett moved to return to Executive Session. Dr. Hug-English seconded the motion, and it passed unanimously.

3 (f) Deogracias Martinez, M. D.

Upon returning to Open Session, Dr. Stewart moved to accept Deogracias Martinez, M.D.'s application for licensure. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Baggett moved to return to Executive Session. Dr. Jones seconded the motion, and it passed unanimously.

3 (g) Joseph Parlavecchio, M.D.

Upon returning to Open Session, Dr. Lubritz moved to accept Joseph Parlavecchio, M.D.'s application for licensure. Dr. Baggett seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Stewart moved to return to Executive Session. Dr. Buchwald seconded the motion, and it passed unanimously.

3 (h) John Pennington, M.D.

Upon returning to Open Session, Mr. Rosencrantz reported that John Pennington, M.D. withdrew his application for licensure.

Dr. Baggett moved to return to Executive Session. Dr. Buchwald seconded the motion, and it passed unanimously.

3 (i) Cezar Sembrano, M.D.

Upon returning to Open Session, Dr. Baggett moved to accept Cezar Sembrano, M.D.'s application for licensure. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Stewart moved to return to Executive Session. Dr. Hug-English seconded the motion, and it passed unanimously.

 

AGENDA ITEM 4

Request for Change of Licensure Status from Inactive to Active - Appearance - Mindy Cooper-Smith, M.D.

Upon returning to Open Session, Dr. Buchwald moved to approve Mindy Cooper-Smith, M.D.'s request for change of her licensure status from inactive to active. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Stewart moved to return to Executive Session. Dr. Hug-English seconded the motion, and it passed unanimously.

 

AGENDA ITEM 3     (CONTINUED)

Consideration of Acceptance of Applications for Licensure - Appearances

Executive Session

3 (a) Stephen Archer. M. D.

Upon returning to Open Session, Dr. Baggett moved to accept Stephen Archer, M.D.'s application for licensure contingent upon: 1) his successful passage of a peer review examination to be arranged by the Executive Director and Secretary-Treasurer, the cost of which is to be incurred by Dr. Archer, and 2) his entering into a contract with the board's Diversion Program. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 5

Request for Reinstatement of License to Inactive Status - Non-Appearance - Robert Pereyra, M. D.

Dr. Lubritz moved to approve Robert Pereyra, M.D.'s request for reinstatement of his license to inactive status. Dr. Stewart seconded the motion, and it passed unanimously.

 

AGENDA ITEM 6

Request for Changes of Licensure Status from Inactive to Active - Non-Appearances

6 (o) Robert Pereyra, M. D.

Dr. Lubritz moved to approve Robert Pereyra, M.D.'s request for change of his licensure status from inactive to active. Dr. Stewart seconded the motion, and it passed unanimously.

 

AGENDA ITEM 8

Ratification of Licenses Issued Since the Auaust 1998 Board Meeting

Dr. Buchwald moved to ratify the licenses issued since the August 1998 board meeting. Dr. Stewart seconded the motion, and it passed unanimously.

 

AGENDA ITEM 15

Appointment of Members to Physician Assistant Advisory Committee – Arne D. Rosencrantz, President

Mr. Rosencrantz referred members to the copy of the letter in the agenda book from Mr. Vanselow, in which Mr. Vanselow recommends that he and Mrs. Vanselow continue as members and John B. Lanzilotta, P.A.-C be appointed as a new member of the board's Physician Assistant Advisory Committee.

Mr. Rosencrantz confirmed the committee appointments as recommended by Mr. Vanselow, and added that he has spoken with Mr. Vanselow regarding the need for northern and rural Nevada representatives on the committee, and Mr. Vanselow has assured him that he is working on recruiting members from areas other than the Las Vegas area.

 

AGENDA ITEM 16 Informational Reports

- Physician Assistant Advisory Committee - C. Robert Vanselow, P.A.-C, Representative - Nevada State Board of Osteopathic Medicine Liaison - Thomas J. Scully, M.D.

- Nevada State Medical Association Liaison - Rex T. Baggett, M.D. - Secretary-Treasurer - Robert A. Frantz, Financial Manager

- Third International Conference On Medical Registration - Susan S. Buchwald, Vice President

- Physician Assistant Advisory Committee - C. Robert Vanselow. P.A.-C. Representative

Mr. Vanselow reported that he is actively working with the Nevada Academy of Physician Assistants to create more interest among the state's physician assistants in the board's activities. He added that he hopes to soon be able to have commitments from northern and rural Nevada physician assistants to sit on the board's Physician Assistant Advisory Committee.

- Nevada State Medical Association Liaison - Rex T. Baggett. M.D.

Dr. Baggett reported that at the Nevada State Medical Association's Council meeting, it was suggested that a medical association liaison to the board's Diversion Program be appointed. Dr. Tracy advised that the medical association has been invited to attend the board's Diversion Program meetings, but that no medical association member has ever attended. He added that he has spoken with Donald C. Reck, M.D., of the medical association, who advised him that the association's diversion program will soon be disbanded and all participants referred to the board's Diversion Program. Dr. Rueckl stated his feeling that the appointment of a medical association liaison to the board's Diversion Program would be of benefit to both parties.

Dr. Baggett also reported that he has received negative feedback from the President of the Nevada State Medical Association and several of its members regarding the board's public service announcement. Dr. Hug-English and Dr. Buchwald confirmed that they, too, have received negative feedback from some of the local physicians. Mr. Rosencrantz stated that he has only received positive feedback from the announcement. Mr. Lessly advised that the Federation of State Medical Boards, Inc. viewed the television version of the announcement and found it to be of high quality and notified other boards of its availability for their possible use. He added that the board office has received numerous calls from the public who have seen or heard the announcement. He stated that the callers have asked for general information about their doctor and no caller has asked to file a complaint. Mr. Lessly advised that there have been no complaints about the public service announcements from any physicians practicing in southern Nevada..

 

RECESS

The meeting recessed for lunch at 12:00 p.m.

The meeting reconvened at 12:45 p.m.

 

AGENDA ITEM 9

Robert W. Shreck. M. D. -Appearance

(v) Board Ordered Investigative Report - Vicki L. Knopf, Chief Investigator

Mrs. Knopf reported that she conducted a complete review of Robert W. Shreck, M.D.'s practice as a supervising physician and found his practice to be within the requirements as delineated in the regulations of the board. She added that after her interview of Dr. Shreck's three advanced practitioners of nursing, she can report that Dr. Shreck's collaboration with the advanced practitioners of nursing seemed to also be within the requirements of the board.

(w) Acceptance of Application for Approval as Collaborating Physician for an Advanced Practitioner of Nursing (tabled 8/22/98)

(x) Petition for Approval to Allow Simultaneous Collaboration/Supervision of More than Three Advanced Practitioners of Nursing/Physician Assistants per NAC 630.495(2) (tabled 8/22/98)

Dr. Stewart moved to accept Robert W. Shreck, M.D.'s application for approval as a collaborating physician and to allow him to simultaneously collaborate with/supervise four advanced practitioners of nursing/physician assistants per NAC 630.495(2). Dr. Baggett seconded the motion, and it passed unanimously.

 

AGENDA ITEM 7

Petitions for Change of Status from Restricted County Licensure Per NRS 630.164 to Unrestricted Active Licensure - Non-Appearances

7 (t) Elwood Schmidt. M.D.

Mr. Lessly advised that staff recommends the board's approval of Elwood Schmidt, M.D.'s petition for change of status from restricted county to unrestricted active status licensure.

Dr. Stewart moved to approve Elwood Schmidt, M.D.'s petition for change of status from restricted county to unrestricted active status licensure. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

7 (u) John Seibert, M.D.

Mr. Lessly advised that staff does not recommend the board's approval of John Seibert, M.D.'s petition for change of status from restricted county to unrestricted active status licensure. He explained that Dr. Seibert has not met the requirements per NRS 630.164, as he has not practiced the required full time three year period in the medically underserved counties of Humboldt and Nye where he has held restricted county licensure.

Dr. Hug-English moved to table John Seibert, M.D.'s petition for change of status from restricted county to unrestricted active status licensure and directed staff to advise him in writing that he is not eligible at this time to petition for such a change of licensure status. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 10

Request for Advisory Opinion Re: Scope of the "Practice of Medicine." a Statutory Term - Richard J. Legarza, General Counsel

- Requested by R. Gary Holt, M.D. and W. John Diamond, M.D.

Mr. Lessly advised that the "scope of practice specialty codes" listing on the 1999-2001 biennial registration renewal form will include some new practice specialty selections, including Alternative Medicine, Homeopathy and Medical Acupuncture.

Mr. Legarza referred members to the copy of his proposed board advisory opinion letter addressed to R. Gary Holt, M.D. and W. John Diamond, M.D. in the agenda book.

Dr. Holt appeared before the board and stated that his and Dr. Diamond's concern is with the fragmented attempted jurisdiction of doctors by numerous small boards in Nevada. He added that they would like to have the Board of Medical Examiners assert its jurisdiction under its existing statutes over all M.D. s in the state. Dr. Diamond appeared before the board and confirmed Dr. Holt's statement and gave a brief history of his practice of medical acupuncture.

Dr. Baggett moved to adopt the advisory letter drafted by Mr. Legarza to Dr. Holt and Dr. Diamond as the board's opinion regarding the scope of the practice of medicine in Nevada. Dr. Stewart seconded the motion, and it passed with the Chair voting in favor of the motion.

 

AGENDA ITEM 3     (CONTINUED)

Consideration of Acceptance of Applications for Licensure - Appearances

Dr. Stewart moved to return to Executive Session. Dr. Baggett seconded the motion, and it passed unanimously.

Executive Session

3 (b) Bryant Chomiak. M.D.

Upon returning to Open Session, Mr. Rosencrantz reported that Bryant Chomiak, M.D. withdrew his application for licensure.

Dr. Baggett moved to accept Dr. Chomiak's withdrawal of his application for licensure. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 11

Revision of Board Policies and Job Descriptions - Larry D. Lessly, J.D., Executive Director

Mr. Lessly referred members to the agenda book and reviewed the proposed changes to the board policies and job descriptions as they appear therein.

Dr. Baggett moved to accept the revisions to the board policies and job descriptions as proposed. Dr. Lubritz seconded the motion, and it passed unanimously.

 

AGENDA ITEM 13

Consideration of Proposed Regulations - Larry D. Lessly, J.D., Executive Director Richard J. Legarza, J.D., General Counsel

(a) Replacing Board Policies

(b) Disciplining Physician Assistants

Mr. Lessly advised that board policies are not enforceable. He stated that the board policies which are to become regulations, as accepted by the board under agenda item 11, will be enforceable as regulations.

Mr. Lessly referred members to the proposed physician assistant disciplinary regulations, which regulations correlate with the board's current physician disciplinary statutes.

Dr. Baggett moved to approve the proposed regulations replacing board policies and disciplining physician assistants for public workshops and hearing. Dr. Stewart seconded the motion, and it passed unanimously.

Mr. Rosencrantz directed that the board policies which are to be replaced by regulations are to remain effective until such time that the regulations are formally approved by the board.

 

AGENDA ITEM 12

Pain Management and End-of-Life Care Task Force Report - Thomas J. Scully, M.D., Task Force Chairperson

Mr. Legarza advised that Dr. Scully was ill and unable to attend the meeting, and that Dr. Jones, a member of the task force, would report in his place.

Mrs. Jones reported that the task force met twice, once in person and once by telephone conference call, and referred members to the regulations proposed by the task force in the agenda book.

 

AGENDA ITEM 13 (CONTINUED)

Consideration of Proposed Regulations - Larry D. Lessly, J.D., Executive Director Richard J. Legarza, J.D., General Counsel

(c) Pain Management and End-of-Life-Care

Discussion ensued concerning the proposed regulations regarding pain management and end-of-life care, and Dr. Lubritz expressed his concern that there was no expert in pain management sitting as a member on the task force that proposed the regulations.

Dr. Lubritz moved to table this agenda item pending further review. Dr. Hug-English seconded the motion, and it passed unanimously.

 

AGENDA ITEM 6 (CONTINUED)

Request for Changes of Licensure Status from Inactive to Active - Non-Appearances

6 (j.) John Anooshian, M.D.

 6 (k) Mitchell Austin. M. D.

6 (l)Nezih Coskuncan, M.D.

6 (m) Charles Matthews. M.D.

6 (n) William McHugh. M.D.

6 (p) Louis Tedesco. M.D.

6 (q) Elsie Villaflor. M.D.

6 (r) Julius Villaflor, M.D.

6 (s) Margaret Vives-Austin. M.D.

Dr. Baggett moved to approve John Anooshian, M.D.'s, Mitchell Austin, M.D.'s, Nezih Coskuncan, M.D.'s, Charles Matthews, M.D.'s, William McHugh, M.D.'s, Louis Tedesco, M.D.'s, Elsie Villaflor, M.D.'s, Julius Villaflor, M.D.'s and Margaret Vives-Austin, M.D.'s respective requests for change of licensure status from inactive to active.         Dr. Stewart seconded the motion, and it passed unanimously.

 

AGENDA ITEM 13 (CONTINUED)

Consideration of Proposed Regulations - Larry D. Lessly, J.D., Executive Director Richard J. Legarza, J.D., General Counsel

(d) Prescribina of Druas Without Benefit of Physical Examination

Mr. Legarza referred members to the proposed regulations in the agenda book regarding the prescribing of drugs without benefit of physical examination. Mr. Lessly stated that this matter is currently of concern nationally. Discussion ensued.

Dr. Hug-English moved to not approve the proposed regulations and to consider matters concerning the prescribing of drugs without benefit of physical examination on a case-by-case basis, with each outcome published in the board's newsletter as was done with the Viagra matter. Dr. Lubritz seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 16 (CONTINUED) Informational Reports

- Physician Assistant Advisory Committee - C. Robert Vanselow, P.A.-C, Representative - Nevada State Board of Osteopathic Medicine Liaison - Thomas J. Scully, M.D.

- Nevada State Medical Association Liaison - Rex T. Baggett, M.D. - Secretary-Treasurer - Robert A. Frantz, Financial Manager

- Third International Conference On Medical Registration - Susan S. Suchwald, Vice President

- Secretary- Treasurer - Robert A Frantz Financial Manager

Mr. Frantz distributed copies of the board's balance sheet as of December 4, 1998 and budget sheets for July 1 - December 4, 1998 for members' review. He advised that he has begun a direct-deposit program for the staffs paychecks. He added that the board is fiscally sound.

 

AGENDA ITEM 17

Investigative Committee Report - Jaculine C. Jones, Ed.D., Senior Committee Member

Dr. Jones distributed the listing of cases recommended for closure by the Investigative Committee for members' review.

 

AGENDA ITEM 19

Executive Director's Report - Larry D. Lessly, J.D., Executive Director

- Maureen E. Lyons, Deputy Executive Director

19 (e) Written Reports and Requests - Member and Staff Attendance at Workshops and Training Sessions

Mr. Lessly commented on the executive management seminar he attended with Mrs. Lyons conducted by the Federation of State Medical Boards of the United States, Inc. in Austin, Texas in November. He requested approval to send other board staff members holding supervisory positions to future similar seminars conducted by the Federation, as the training given at these seminars would benefit all supervisory personnel of the board. Mr. Lessly also requested approval to allow attendance of up to five staff members at CLEAR's annual conference to be held in Portland, Oregon on September 1-4, 1999.

Dr. Stewart moved to authorize attendance at the seminars and conference as requested. Dr. Baggett seconded the motion, and it passed unanimously.

19 (h) Centennial Meeting of the Board - Update and Funding

Mr. Lessly advised that plans for the March 15, 1999 centennial meeting of the board are being finalized. He stated that the meeting will serve to educate the public as to the purpose of and services available to the public by the board. He stated that the total costs for the meeting will not exceed $10,000.00 and requested approval to utilize disgorgement of income funds, which are funds dedicated for public awareness efforts, to cover the costs of the meeting. He added that funds gathered from physician licensure registration renewal fees will not be utilized to finance the meeting.

Dr. Baggett moved that disgorgement of income funds be used to finance the board's centennial meeting. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

19 (i) Status of Public Service Announcement and Use by Other State Medical Boards

Mr. Lessly reiterated what he had said earlier in the meeting, that the Federation of State Medical Boards, Inc. viewed the television version of the board's public service announcement and found it to be of high quality and very effective, and notified other boards of its availability for their possible use. He advised that the medical licensure board in Wyoming has requested a copy of the television announcement videotape for possible editing and use in Wyoming. Discussion ensued, and Mr. Lessly was directed by the board to provide the Wyoming medical board with a copy of the television announcement videotape at no cost. Mr. Lessly was also directed to return to the board on a case-by-case basis should other state medical boards also request copies of the announcement.

19 (j) Request of Nevada Health Initiative on Domestic Violence Recommending Establishment of Policv

Mr. Lessly advised that the Nevada Health Initiative on Domestic Violence has recommended that the board consider the establishment of a policy specifying the requirement that the board's licensees take continuing medical education in the area of domestic violence during each biennial registration period. He stated that he does not recommend that the board establish such a specific requirement, as it may precipitate similar requests from other entities and could become overwhelming. Discussion ensued and Mr. Lessly was directed not to act on this request.

19 (f) Computer Licensing/Disciplinary Tracking Software Update

Mr. Lessly advised that the Medical Board, the Pharmacy Board and the Nursing Board received approval from the Department of Information Technology to purchase a joint license agreement for the License 2000 licensing/disciplinary software from System Automation Corporation. He stated that after further negotiation with System Automation Corporation, it may be more feasible and practical for the board to purchase an individual license agreement and requested approval to spend no more than $60,000.00 on that purchase.

Dr. Stewart moved to approve an expenditure of no more than $60,000.00 for the purchase of the license for the License 2000 software. Dr. Baggett seconded the motion, and it passed unanimously.

 

AGENDA ITEM 17 CONTINUED

Investigative Committee Report - Jaculine C. Jones, Ed. D., Senior Committee Member

Dr. Stewart moved to approve the cases recommended for closure by the Investigative Committee. Dr. Hug-English seconded the motion, and it passed unanimously.

 

AGENDA ITEM 16 (CONTINUED) Informational Reports

- Physician Assistant Advisory Committee - C. Robert Vanselow, P.A.-C, Representative - Nevada State Board of Osteopathic Medicine Liaison - Thomas J. Scully, M.D.

- Nevada State Medical Association Liaison - Rex T. Baggett, M.D. - Secretary-Treasurer - Robert A. Frantz, Financial Manager

- Third International Conference On Medical Registration - Susan S. Buchwald, Vice President

- Third International Conference On Medical Registration - Susan S Buchwald Vice President

Dr. Buchwald reported that the majority of attendees at the Third International Conference on Medical Registration held in Cape Town, South Africa in October were from English-speaking nations, particularly from Great Britain. She stated that there was talk at the conference of the possible establishment of a Federation of International Medical Boards, but that she was not sure that it would ever come about.      Dr. Jones, who also attended the meeting, commented that the most popular topics discussed at the conference included internet advertising and prescribing and HIV/AIDS, which disease is extremely prevalent among the African nations.

- Nevada State Board of Osteopathic Medicine Liaison - Thomas J Scully. M.D.

Dr. Scully was not in attendance to present a report.

 

AGENDA ITEM 14

Diversion Program Report - F. Victor Rueckl, M.D., Director, Nevada Health Professionals Assistance Foundation

- James M. Tracy, D.D.S., Assistant Director, Nevada Health Professionals Assistance Foundation

Dr. Rueckl distributed copies of and reviewed the Diversion Program's statistics as of November 30, 1998. He requested that the board consider continuing its contract with the Nevada Health Professionals Assistance Foundation to run the board's Diversion Program for another two years. He also asked the board to consider contributing some additional monies to the foundation, which monies would be dedicated to foundation fund-raising efforts. Mr. Lessly advised that, to date, no contributions have been received at the board office as a result of the solicitations placed in the October newsletter and on the board's web site for donations to the foundation.

Dr. Tracy advised that he now has the foundation's financial books on computer. Dr. Rueckl advised that he will begin delegating some of his Diversion Program workload to other northern Nevada physician consultants to the foundation; however, he stated that he will still oversee all northern Nevada foundation activities. Discussion ensued.

Dr. Hug-English moved to renew the contract with the Nevada Health Professionals Assistance Foundation to run the board's Diversion Program for $100,000.00 per year for the next two years and to pay the foundation an additional $25,000.00 each of the two years with the understanding that the $25,000.00 each year will be dedicated to fund-raising efforts for the foundation. Dr. Jones seconded the motion.

Discussion ensued, and Dr. Baggett moved to amend the motion to be that the board renew the contract with the Nevada Health Professionals Assistance Foundation to run the board's Diversion Program for $125,000.00 per year for the next two years. Dr. Hug-English seconded the amended motion, and it passed unanimously with the Chair voting in favor of the motion.

Dr. Lubritz requested that the foundation provide the board with an annual per Diversion Program client cost and the cost to the foundation for the time spent performing the other Diversion Program functions.

 

AGENDA ITEM 20

Consideration of Acceptance of Voluntary Surrender of License While Under Investigation of Bryan J. Goodman. M.D.. License No. 4042

Dr. Stewart moved to accept the voluntary surrender of license while under investigation of Bryan J. Goodman, M.D. Dr. Hug-English seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 21

Consideration of Acceptance of Stipulation for Settlement in the Matter of the Nevada State Board of Medical Examiners vs. Vidal C. Limpin, M.D.. Case No. 98-10368-1 Adjudicating Board Members: Arne D. Rosencrantz, President, Susan S. Buchwald, M.D., Vice President; Rex T. Baggett, M.D.; Victor Scaramosino; Paul A. Stewart, M.D.; and Joel N. Lubritz, M.D.

Mr. Legarza reviewed the points of the complaint and proposed stipulation for settlement in the matter of the board vs. Vidal C. Limpin, M.D., Case No. 98-10368-1 He reminded that the board had voted not to accept the stipulation for settlement in this matter at the board's August meeting. He advised that no changes have been made to the proposed stipulation since the August meeting and asked that the board reconsider its acceptance as recommended by the Investigative Committee.

Dr. Stewart moved to accept the stipulation for settlement in the matter of the board vs. Vidal C. Limpin, M.D., Case No. 98-10368-1 as proposed. Dr. Hug-English seconded the motion, and it passed unanimously.

 

AGENDA ITEM 22

Adjudication in the Matter of the Nevada State Board of Medical Examiners vs. David Bennett Cohen. M.D., Case No. 98-7766-1

Adjudicating Board Members: Arne D. Rosencrantz, President; Susan S. Buchwald, M.D., Vice President; Rex T. Baggett, M.D.; Victor Scaramosino; Paul A. Stewart, M.D.; and Cheryl A. Hug­English, M.D.

A court reporter was present to record this agenda item. Please refer to the court reporter's transcript.

Dr. Baggett moved to go into Executive Session to deliberate on the counts of the complaint. Dr. Buchwald seconded the motion, and it passed unanimously.

Upon returning to Open Session, the adjudicating members of the board found David Bennett Cohen, M.D. guilty of both counts of the complaint.

Dr. Buchwald moved to go into Executive Session to deliberate on the possible sanctions which would be appropriate in this matter. Dr. Stewart seconded the motion, and it passed unanimously.

Upon returning to Open Session, the adjudicating members of the board unanimously voted to issue Dr. Cohen a public reprimand, and order him to pay the sum of $5,876.77 as and for all costs incurred by the board related to these disciplinary proceedings, pay a fine in the amount of $500.00 on the first count of the complaint and pay a fine in the amount of $500.00 on the second count of the complaint.

 

AGENDA ITEM 23

Request for Reinstatement of License Suspended for Non-Payment of Registration Fee Pursuant to NRS 630.288(2) - Appearance

- David Bennett Cohen, M.D.

Dr. Stewart moved to reinstate David Bennett Cohen, M.D.'s license to active status per NRS 630.288(2) conditioned upon his completion within six months of ten hours of continuing medical education in the area of the legal aspects of medicine and ten hours of community service in Mesquite. Dr. Baggett seconded the motion, and it passed unanimously with the Chair voting in favor of the motion.

 

AGENDA ITEM 18

Legal Reports - Richard J. Legarza, J.D., General Counsel

- Leslie A. Nielsen, J.D., Senior Deputy Attorney General - Board Ordered Terms, Conditions and Probation Status Report

Mr. Rosencrantz directed Mr. Legarza and Mrs. Nielsen to prepare their reports in written form and mail them to all board members, due to lack of time for presentation of the reports at this meeting.

 

AGENDA ITEM 24 Matters for Future Agenda

There was no discussion under this agenda item.

 

AGENDA ITEM 28 Public Comment

There was no public comment.

 

ADJOURNMENT

Dr. Baggett moved to adjourn the meeting. Dr. Stewart seconded the motion, and it passed unanimously.

The meeting adjourned at 5:45 p.m.