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1 NEVADA STATE BOARD OF MEDICAL
EXAMINERS
2 BOARD MEETING
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11 TRANSCRIPT OF PROCEEDINGS
12 October 6th, 1999
13 Reno, Nevada
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REPORTED BY: STEPHANIE
KOETTING, CCR #207, RPR
25 Computer-Aided
Transcription
DISCOVERY REPORTING (775) 329-3500
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1 APPEARANCES:
2 Board Members present
in
Reno: SUSAN
BUCHWALD, MD
3 JACULINE JONES, Ed.D
CHERYL HUG-ENGLISH, MD
4
Also
present in Reno: LARRY LESSLY,
ESQ.
5 Executive
Director
1105
Terminal Way
6 Reno, Nevada
7 MAUREEN LYONS
Deputy Executive Director
8 1105 Terminal
Way
Reno, Nevada
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Board
Members present
10 in Las Vegas: DONALD BAEPLER, Ph.D.
PAUL
STEWART, MD
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Also
Present in Las Vegas: RICHARD LEGARZA,
ESQ.
12 Nevada State
Board of
Medical Examiners
13 1105 Terminal
Way
Reno, Nevada
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LESLIE NIELSEN, ESQ.
15 Deputy
Attorney General
555
E. Washington Ave.
16 Las Vegas,
Nevada
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DISCOVERY REPORTING (775) 329-3500
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1 DATED: At Reno, Nevada, October 6th,
1999, 4:00 p.m.
2 --oOo--
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4 DR. BUCHWALD: We do have a transcriber here, so
5 I would ask you to say who you are when you
are discussing
6 anything.
And also there is a delay somewhat on the phone.
7 So if you would take that into consideration
when we are
8 discussing these issues.
9 MR. LEGARZA: Dr. Buchwald, you have hopefully
10 the original of a proposed acceptance of the
surrender
11 while under investigation of Dr. Savery's
license. Has
12 that been presented to you?
13 DR. BUCHWALD: Yes, I have it, too. Let me
14 introduce the case, so the transcriptionist
can get that.
15 And the item number two is Consideration of
Acceptance of
16 Voluntary Surrender of License While Under
Investigation of
17 Francois L. Savery, S-a-v-e-r-y, case number
99-4727-1.
18 Does everybody in the south have a
copy of the
19 stipulation?
20 DR. STEWART: Yes.
21 DR. BUCHWALD: Does anybody up here not have one?
22 Mr. Legarza, do you wish to
discuss this?
23 MR. LEGARZA: The only thing I would say, Doctor,
24 is you have a copy of the voluntary
surrender, plus
25 everyone has a copy of the complaint filed
against Dr.
DISCOVERY REPORTING (775) 329-3500
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1 Savery.
And the Board, as you know, pursuant to the
2 regulations, must accept a surrender while
under
3 investigation. And there's a proposed order in front of
4 you so there needs to be an approval of the
four available
5 adjudicating members who are Dr. Buchwald,
Dr. Hug-English,
6 Dr. Stewart and Dr. Baepler in order to
accept this
7 proposed surrender of his license.
8 I'll answer any questions if
anyone has any.
9 DR. BUCHWALD: First, I'd like to ask if any -- I
10 can see hands here in the north, but in the
south, does Dr.
11 Stewart or Dr. Baepler have any questions in
regards to
12 this surrender?
13 DR. BAEPLER: This is Baepler. No.
14 DR. BUCHWALD: Paul?
15 DR. STEWART: Was Dr. Savery represented by any
16 counsel?
17 MR. LEGARZA: Yes, Dr. Savery was represented by
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counsel.
19 DR. STEWART: Dr. Savery through counsel
20 understands what this means to him?
21 MR. LEGARZA: I can't
--
22 DR. STEWART: What we believe, the counseling, he
23 has had counsel so he has had a chance to
understand what
24 it means?
25 MR. LEGARZA: In my opinion, he certainly, if his
DISCOVERY REPORTING (775) 329-3500
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1 lawyer is any good, the Doctor should
understand what it
2 means.
3 DR. BUCHWALD: Dr. Hug-English?
4 DR. HUG-ENGLISH: I have no questions.
5 DR. BUCHWALD: And I have no questions. So we
6 are open for a motion.
7 DR. STEWART: Dr. Stewart moves to accept.
8 DR. HUG-ENGLISH: I second that.
9 DR. BUCHWALD: Then I will take a roll call vote
10 for the acceptance of the voluntary
surrender of license by
11 Dr. Savery.
Dr. Stewart?
12 DR. STEWART: Yes.
13 DR. BUCHWALD: Dr. Baepler?
14 DR. BAEPLER: Yes.
15 DR. BUCHWALD: Dr. Hug-English?
16 DR. HUG-ENGLISH: Yes.
17 DR. BUCHWALD: And I also vote in favor of that
18 motion.
So that passes and we will accept the surrender of
19 that license.
20 --oOo--
21 DR. BUCHWALD: On to issue number three. This
22 is the Consideration for Acceptance of a
Stipulation for a
23 Settlement in the Matter of the State Board
Versus Rodney
24 L. Handsfield, H-a-n-d-s-f-i-e-l-d, case
number 99-9489-1.
25 Again, the adjudicating members
are Dr. Stewart,
DISCOVERY REPORTING
(775) 329-3500
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1 Dr. Baepler, Dr. Hug-English and myself.
2 Mr. Legarza, do you wish to say
anything?
3 MR. LEGARZA: If I may, Doctor. Everyone has a
4 copy of the complaint. You do have a proposed order in
5 front of you. The complaint which is simply that Dr.
6 Handsfield is unable to practice medicine
with reasonable
7 skill and safety because of illness, either
mental or
8 physical or both.
9 Dr. Handsfield was prior to the
filing of this
10 complaint, which was in June of 1999, Dr. Handsfield
had
11 entered into a stipulation with the
investigative committee
12 to not practice medicine until such time as
Dr. Handsfield
13 went off and was -- had met with and had an
evaluation. He
14 did that.
The evaluation came in. And in
the March
15 meeting, the investigative committee, the
meeting that was
16 held in Carson City, the investigative
committee authorized
17 me to pay the remainder of the bill owed to
the evaluator,
18 Dr. O'Connor, in the amount of $2,640.00,
which the Board
19 did pay.
We got that report. And
subsequent to that, the
20 investigative committee filed a formal
complaint because
21 the Doctor would not stipulate to not
practice medicine
22 pending a resolution of something by the
Board.
23 This case has been
negotiated. This case has
24 been negotiated with the requirement that
Dr. Handsfield's
25 license be suspended until further order of
the Board and
DISCOVERY REPORTING (775) 329-3500
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1 he be required to petition the Board for
reinstatement for
2 licensure as a physician in the State of
Nevada.
3 And the stipulation further
requires him to go to
4 Talbot Marsh Recovery Center in Atlanta,
Georgia and there
5 remain
for however long that takes and then follow the
6 recommendation of Talbot Marsh with respect
to any further
7 follow-up and/or further inpatient
treatment.
8 Dr. Handsfield has a history of
going off and
9 leaving ANA.
The diversion program has been working with
10 me real strongly on this. Talbot Marsh has been working
11 with us very strongly on this. Dr. Handsfield attempted, I
12 believe, to simply go back for a 96-hour
evaluation. We
13 said:
No way. We won't settle under
those terms and
14 conditions.
My representation to you is he is there, I
15 believe.
I believe he is still there. He
has been there
16 for about ten days. The investigative committee has
17 approved the settlement and I recommend to
you that you
18 approve it as well.
19 DR. BUCHWALD: Is there any discussion from the
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south? Dr. Stewart?
21 DR. BAEPLER: Dr. Baepler.
22 DR. BUCHWALD: Dr. Baepler.
I'm sorry.
23 DR. BAEPLER: Is he aware of the action that we
24 will probably take today?
25 MR. LEGARZA: No.
Dr. Handsfield has not been
DISCOVERY REPORTING (775) 329-3500
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1 notified that we will do this today. The stipulation for
2 settlement specifically says that I'll be
presenting it to
3 the Board, that he will not be notified of
it, that the
4 Board will either approve the settlement or
go back for
5 hearing.
6 DR. BAEPLER: Okay.
7 DR. BUCHWALD: Dr. Stewart, do you have any
8 comments?
9 DR. STEWART: I have no comments, no questions.
10 DR. BUCHWALD: Dr. Hug-English?
11 DR. HUG-ENGLISH: No questions.
12 DR. BUCHWALD: And I have no questions.
13 The floor is open for a motion.
14 DR. HUG-ENGLISH: I move that we accept the
15 stipulated settlement for suspension of Dr.
Handsfield's
16 license.
17 DR. BUCHWALD: I would like to add that it would
18 be the stipulation as entered on page three
of those
19
criteria specifically.
20 DR. HUG-ENGLISH: Correct.
Those additional
21 criteria.
22 DR. BUCHWALD: Is there a second?
23 DR. BAEPLER: This is Donald Baepler. I'll
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second it.
25 DR. BUCHWALD: Again, we'll have a roll call
DISCOVERY REPORTING (775) 329-3500
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1 vote.
2
Dr. Stewart?
3 DR. STEWART: Vote to accept.
4 DR. BUCHWALD: Dr. Baepler?
5 DR. BAEPLER: Yes.
6 DR. BUCHWALD: Dr. Hug-English?
7 DR. HUG-ENGLISH: Yes.
8 DR. BUCHWALD: And I also vote in favor of the
9 stipulation.
10 MR. LEGARZA: Thank you.
11 DR. BUCHWALD: Thank you.
12 --oOo--
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14 I, Stephanie Koetting, CCR #207,
do hereby
15 certify that the foregoing transcript,
consisting of pages
16 1 through 9, is true and correct to the best
of my
17 knowledge, skill and ability.
18 DATED: This 12th day of October,
1999.
19 _________________________________
STEPHANIE KOETTING, CCR #207
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DISCOVERY REPORTING (775) 329-3500