OPEN
SESSION BOARD MEETING
OPAL
1 & 2 MEETING ROOM EMERALD SPRINGS HOLIDAY INN
MEMBERS PRESENT: Arne D. Rosencrantz, President; Susan S. Buchwald,
M.D., Vice President; Paul A. Stewart, M.D., Secretary-Treasurer; Rex T.
Baggett, M.D.; Dipak K. Desai, M.D.; Jaculine C. Jones, Ed.D.; Cheryl A.
Hug-English, M.D.(arrived at meeting at
STAFF PRESENT: Larry D. Lessly, J.D., Executive Director;
Maureen E. Lyons, Deputy Executive Director (left meeting at
ALSO PRESENT: Leslie A. Nielsen, J.D., Assistant Chief Deputy
Attorney General; Susan M. Morgan, P.A.-C, Representative, Physician Assistant
Advisory Committee to the Board; John B. Lanzillotta, P.A.-C, Representative,
Physician Assistant Advisory Committee to the Board; F. Victor Rueckl, M.D.,
Director,
AGENDA ITEM 1
Call to Order - Ame D. Rosencrantz, President
The meeting was called to order by the Board President, Arne
D. Rosencrantz, at
AGENDA ITEM 2
Approval of Minutes
-
-
Dr. Desai moved to accept the minutes of the
AGENDA ITEM 3
Approval of Revisions to Organizational and Operational
Charts Personnel Policies and Officer, Committee and Job Descriptions Manual -
Larry D. Lessly, J.D., Executive Director
Mr. Lessly reviewed the proposed changes to the manual and
requested the board's approval to revise the manual for year 2000 as proposed,
including the new job description for Senior License Specialist.
Dr. Desai moved to approve the changes to the manual for year
2000. Dr. Stewart seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
AGENDA ITEM 4
Personnel
Executive Session to Discuss Professional Competency of: -
Rebecca A. Gaul-Richard, License Specialist
There was no motion made to go into Executive Session, and no
discussion was held in Executive Session under this agenda item.
Open Session
- Setting of Salary for Rebecca A. Gaul-Richard, Senior
License Specialist
Mr. Lessly requested that the board consider promoting Mrs.
GaulRichard to Senior License Specialist, as she is senior in employment
longevity to the other license specialists, and she performs numerous
additional tasks over and above her licensing duties. He recommended raising
her annual salary to $36,000.00.
Dr. Desai moved to promote Rebecca A. Gaul-Richard to Senior
License Specialist and to raise her annual salary to $36,000.00 effective
immediately.
- Consideration of Staff Salary Caps
Mr. Lessly requested that the board remove the caps from all salaries
of board staff. He stated that the salary caps are restricting board staff's
salaries from being equivalent to other state agency salaries for state
employees in similar type jobs.
Dr. Baepler moved to remove the caps from board staff' s
salaries. Dr. Baggett seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
AGENDA ITEM 5
Pubic Service Announcement Program - Ame D.
Rosencrantz, President
- Report from
- Consideration of Continuing Contract with
Mr. Rosencrantz referred members to the copy of the letter in
the agenda book from Mitchell E. Miller, M.D., President of the Nevada State
Medical Association, indicating the association's decision not to participate
in a joint public service announcement program with the board.
He advised that at it's last meeting in August 1999, the
board voted to approve an expenditure of $5,000.00 per month to be paid to
Nevada Broadcasters Association to air the board's television public service
announcement featuring Lorraine Hunt, Lieutenant Governor, along with several
of the new radio announcements, from
Dr. Desai moved to approve the continuation of the board's
contract with Nevada Broadcasters Association for an additional three-month
period at $5,000.00 per month, beginning
Mr. Lessly was directed to forward to all board members
copies ofthe videotape of the television public service announcement featuring
Lorraine Hunt, Lieutenant Governor, and transcripts of the radio announcements
that are currently being aired.
AGENDA ITEM 12
Diversion Program - F. Victor Rueckl, M.D., Director,
Dr. Stewart briefly summarized the past six month history of
the board's Diversion Program as contracted with the Nevada Health
Professionals Assistance Foundation. He explained that he, Mr. Rosencrantz, Mr.
Lessly, and Mrs. Lyons met several times with a task force ofthe Nevada Health
Professionals Assistance Foundation, and that new guidelines to insure the
successful future of the Diversion Program have been established.
Dr. Rueckl introduced Carol Bowers, R.N., the new Executive
Director of the Nevada Health Professionals Assistance Foundation, effective
Discussion ensued, with Dr. Baggett making a motion that the
oversight of the Diversion Program be delegated to the Investigative Committee
of the board. Dr. Desai seconded the motion, and it passed unanimously, with
the Chair voting in favor of the motion.
Dr. Lubritz moved to direct Mr. Rosencrantz to appoint up to
two board appointees as members of the Board of Directors of the Nevada Health
Professionals Assistance Foundation. Dr. Stewart seconded the motion, and it passed
unanimously.
AGENDA ITEM 7
Licensure Application Process and Forms - Rebecca A.
Gaul-Richard, Senior License Specialist
Mrs. Gaul-Richard referred members to the copies of the
applications for physician and physician assistant licensure, and the proposed
application for physician assistant registration in the agenda book. She gave a
brief review of the forms and recommended that the:
1) ...
Affidavits of Moral and Professional Character forms be removed from and a
change be made to question number 6 on the physician application for licensure;
2) ... board
consider amending NAC 630.281(c), so that physician assistant applicants for
licensure will not be required to provide proof that they are of good moral and
professional character; and
3) ... board approve
the proposed application for physician assistant registration.
Dr. Desai moved to remove the Affidavits of Moral and
Professional Character forms from and make the proposed change to question
number 6 on the physician application for licensure, and to approve the
proposed application for physician assistant registration. Dr. Lubritz seconded
the motion, and it passed unanimously, with the Chair voting in favor of the
motion.
AGENDA ITEM 8
Adjudication in the Matter of the
Adjudicating Board Members: Arne D. Rosencrantz, President;
Susan S. Buchwald, M.D., Vice President; Paul A, Stewart, M.D.,
Secretary-Treasurer, Cheryl A. Hug-English, M.D.; Donald H. Baepler, Ph.D.; and
Rex T, Baggett, M.D.
A court reporter was present to record this agenda item.
Please refer to the court reporter's transcript.
Dr. Hug-English, M.D. recused herself from the adjudication.
Chad Reed Niles, M.D. was in attendance during the adjudication.
Dr. Baggett moved to return the case to the hearing officer
for further review relating to his findings regarding credibility of witnesses
in the case, and that such review be returned to the board for consideration
and adjudication at the board's
AGENDA ITEM 10
Adjudication in the Matter of the
Adjudicating Board Members: Arne D. Rosencrantz, President;
Susan S. Buchwald, M.D., Vice President; Paul A. Stewart, M.D.,
Secretary-Treasurer, Cheryl A. Hug-English, M.D.; Donald H. Baepler, Ph.D.; and
Rex T. Baggett, M.D.
A court reporter was present to record this agenda item.
Please refer to the court reporter's transcript.
Dr. Baggett moved to find Dr. Willcourt not guilty of the one
count of the Complaint. Dr. Baepler seconded the motion, and the motion failed,
with Dr. Hug-English, Dr. Buchwald, Dr. Stewart and Mr. Rosencrantz voting
against the motion.
Dr. Hug-English moved to find Dr. Willcourt guilty of the one
count of the Complaint. Dr. Buchwald seconded the motion, and the motion
passed, with Dr. Baggett and Dr. Baepler voting against the motion, and the
Chair, Dr. Buchwald, and Dr. Hug-English voting in favor of the motion.
Dr. Hug-English moved to require Dr. Willcourt to pay all
costs incurred by the board relating to the disciplinary proceedings against
him, and to perform twenty hours of uncompensated public service to be approved
in advance by the Secretary-Treasurer. Dr. Stewart seconded the motion, and it
passed, with the Chair, Dr. Buchwald, Dr. Stewart, Dr. HugEnglish, and Dr.
Baepler voting in favor of the motion and Dr. Baggett voting against the
motion.
AGENDA ITEM 11
Chapter 630 of the
- Public Hearing on Approval of Revisions to NAC 630.080 -
Mr. Legarza reviewed the proposed revisions to NAC 630.080
for members.
Dr. Stewart moved to adopt the revisions to NAC 630.080 as
proposed. Dr. Lubritz seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
- Discussion and Interpretation of Amendment to Regulations
Re: Pain Management
Mr. Legarza stated that he has been contacted by several
entities, including the Nevada State Medical Association, regarding their
concerns about the board's newly adopted pain management regulations (NAC
630.193, 630.195 and 630.197). He stated that he feels that the language of the
regulations does not in at least one regard reflect the intent of the board
regarding pain management. He recommended that the board authorize him to draft
amendments to the language, so that the regulations better represent the
board's intent, and to hold public workshops and a hearing on the proposed
amendments.
Mr. Rosencrantz recognized Daniel K. Kim, M.D., an
Anesthesiologist and Pain Management specialist from
Mr. Rosencrantz directed Dr. Kim to put his concerns in
writing to Mr. Legarza, and advised
him that the forum for expression of his concerns was not at this meeting, but
was at the workshops and the hearing which were held when the regulations were
initially being considered for adoption.
Mr. Rosencrantz recognized Weldon E. Havins, M.D., an
Ophthalmologist from
RECESS
The meeting recessed for lunch at
AGENDA ITEM 9
Adiudication in the Matter of the Nevada State Board of
Medical Examiners vs. William O Murray, M. D.. Case No. 99-9170-1
Adjudicating Board Members: Arne D. Rosencrantz, President;
Susan S. Buchwald, M.D., Vice President; Paul A. Stewart, M.D.,
Secretary-Treasurer, Cheryl A. Hug-English, M.D.; Donald H. Baepler, Ph.D.; and
Rex T. Baggett, M.D.
A court reporter was present to record this agenda item.
Please refer to the court reporter's transcript.
Dr. Buchwald moved to find Dr. Murray guilty of all 59 counts
of the Complaint. Dr. Baggett seconded the motion, and the motion passed
unanimously, with the Chair voting in favor of the motion.
Dr. Buchwald moved to revoke Dr. Murray's license to practice
medicine in the state of
AGENDA ITEM 12
Acceptance of Applications for Licensure - Appearances
12 (a) Henry Blum, M.D.
Mr. Rosencrantz advised that Henry Blum, M..D. withdrew his
application for licensure prior to today's meeting.
Dr. Buchwald moved to go into Executive Session to discuss
the character and professional competence of applicants for licensure. The
motion was seconded by Dr. Stewart, and it passed unanimously.
Executive Session
12 (b) H. Douglas Cooper. M. D.
Upon returning to Open Session, Dr. Stewart moved to accept
Douglas Cooper, M.D.'s application for licensure. Dr. Baepler seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
12 (c) Mark Ezekiel, M. D.
Mr. Rosencrantz advised that Mark Ezekiel, M..D. withdrew his
application for licensure prior to today's meeting.
Dr. Buchwald moved to return to Executive Session for the
same purposes stated before. Dr. Jones seconded the motion, and it passed
unanimously.
12 (d) Ronald Foote, M.D.
Upon returning to Open Session, Dr. Buchwald moved to accept
Ronald Foote, M.D.'s application for licensure. Dr. Desai seconded the motion,
and it passed unanimously, with the Chair voting in favor of the motion.
Dr. Hug-English moved to return to Executive Session for the
same purposes stated before. Dr. Stewart seconded the motion, and it passed
unanimously.
12 (e) William Jacks, M.D.
Upon returning to Open Session, Dr. Desai moved to accept
William Jacks, 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. Jones moved to return to Executive Session for the same
purposes stated before. Dr. Buchwald seconded the motion, and it passed
unanimously.
12 (f) Rafael Mirchou. M.D.
Upon returning to Open Session, Dr. Desai moved to accept
Rafael Mirchou, M.D.'s application for licensure. Dr. Baggett seconded the
motion, and it passed, with the Chair and Dr. Buchwald voting against the
motion, and Dr. Lubritz abstaining from the vote. Voting for the motion were
Dr. Desai, Dr. Baggett, Dr. Hug-English, Dr. Jones, and Dr. Stewart.
AGENDA ITEM 20
Legal Reports - Richard J. Legarza, J.D., General
Counsel
- Leslie A. Nielsen, J.D., Assistant Chief Deputy Attorney
General - Board Ordered Terms, Conditions and Probation Status Report
- Status Report on Supervising/Collaborating Physician
Interviews - Vicki L. Knopf, Chief Investigator
Mr. Legarza stated that all licensees currently on
disciplinary probation with the board are in compliance and that he had nothing
further to report.
Ms. Nielsen reported that:
1) ... oral
argument in the case in which Alan J. Mishler, M.D. alleges civil rights
violations against the board was held on
2 ... the
Nevada Supreme Court appeal of the board's disciplinary order against Harriston
L. Bass, M.D. has been set for oral argument on December 16, 1999;
3) . . . in the
appeal of the petition for judicial review filed by David B. Cohen, M.D., the
filing of an opening brief by Dr. Cohen in the matter is still pending;
4) ... a patient
and her husband, who were dissatisfied with the Investigative Committee's
decision to close the investigation of a complaint they had filed with the
board, filed a petition for judicial review in the matter. She explained that a
patient has no right to appeal any decision made by the Investigative
Committee. She advised that she filed a motion to dismiss and a request for
sanctions against the attorneys representing the patient and her husband in the
matter, and, subsequently, the matter was dropped by the plaintiffs in October
1999; and
5) ... the case
of Jerry K. Poulsen, who was indicted by the Clark County Grand Jury on eleven
felony counts of practicing medicine without a license, has been negotiated.
She advised that Dr. Poulsen pled guilty to one count of gross misdemeanor
practicing medicine without a license and his sentencing is scheduled for
AGENDA ITEM 13
Acceptance of Applications for Licensure - Non-Appearances
13 (g) Ajai Khanna, M.D.
Dr. Desai moved to accept Ajai Khanna, M.D.'s application for
licensure. Dr. Jones seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
13 (h) Robert Platt, M.D.
Dr. Hug-English moved to accept Robert Platt, M.D.'s
application for licensure. Dr. Baepler seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 14
Approval of Changes of Licensure Status from Inactive to
Active - Non-Appearances
14 (i) George Collins, M.D.
Dr. Desai moved to accept George Collins, M.D.'s application
for change of licensure status from inactive to active. Dr. Baepler seconded
the motion, and it passed unanimously, with the Chair voting in favor of the
motion.
14(j) S. Malvern Dorinson. M.D.
Dr. Baepler moved to accept S. Malvern Dorinson, M.D.'s
application for change of licensure status from inactive to active. Dr. Desai
seconded the motion, and it passed unanimously, with the Chair voting in favor
of the motion.
14 (k) Jeffrey Mast, M. D.
Dr. Buchwald moved to accept Jeffrey Mast, M.D.'s application
for change of 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.
14 (1) Robert Sanchez, M.D.
Dr. Desai moved to accept Robert Sanchez, M.D.'s application
for change of licensure status from inactive to active. Dr. Stewart seconded
the motion, and it passed unanimously, with the Chair voting in favor of the
motion.
14 (m) Hugh Sanders, M.D.
Dr. Hug-English moved to accept Hugh Sanders, M.D.'s application
for change of licensure status from inactive to active. Dr. Lubritz seconded
the motion, and it passed unanimously, with the Chair voting in favor of the
motion.
14 (n) Donald Wasserman, M. D.
Dr. Desai moved to accept Donald Wasserman, M.D.'s application
for change of 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.
AGENDA ITEM 15
Approval of Change of Licensure Status from Retired to
Inactive - Non-Appearance
- Steven Brady, M. D.
Dr. Hug-English moved to accept Steven Brady, M.D.'s
application for change of licensure status from retired to inactive. Dr.
Lubritz seconded the motion, and it passed unanimously, with the Chair voting
in favor of the motion.
AGENDA ITEM 16
Approval of Change of Licensure Status from Retired to Active
- Non-Appearance
- Joseph Calabrese, M.D.
Dr. Desai moved to table Joseph Calabrese, M.D.'s application
for change of licensure status from retired to active until such time that he
successfully passes the SPEX and that he be advised of the board's requirement
that he pass the SPEX. Dr. Baggett seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 17
Ratification of Licenses Issued Since the August 1999 Board
Meeting
Dr. Buchwald moved to ratify the licenses issued since the
August 1999 board meeting. Dr. Desai seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 18
Informational Reports
- Physician Assistant Advisory Committee - Susan M. Morgan,
P.A.-C, Committee Representative
- Secretary-Treasurer- Paul A. Stewart, M.D.,
Secretary-Treasurer Robert A. Frantz, Financial Manager
- Physician Assistant Advisory Committee - Susan M. Morgan,
P.A.-C, Committee Representative
Mrs. Vanselow advised that the Nevada Academy of Physician
Assistants has formed a legislative committee to research the issue of
facilitating the employment of physician assistants by hospitals. She explained
that hospitals are having difficulty keeping physician assistants on staff due
to nurses refusing to take orders from physician assistants, as physician
assistants are not specifically included in NRS Chapter 632 as practitioners
from whom a nurse may take an order.
- Secretary-Treasurer - Paul A. Stewart, M.D.,
Secretary-Treasurer Robert A. Frantz, Financial Manager
Mr. Frantz distributed copies of the board's balance sheet as
of
AGENDA ITEM 19
Investigative Committee Report - Paul A.
Stewart, M.D., Secretary-Treasurer, Chair - Request for Closure of Cases
Dr. Stewart advised that the Investigative Committee held a
four-hour meeting yesterday and requested that the board consider closing the
cases recommended for closure by the committee per the listing distributed. He
added that the board's disciplinary action statistics as compiled by the
Federation of State Medical Boards ofthe United States, Inc. for year 1999
should reflect favorably upon the board.
After a review by members of the cases recommended for
closure, Dr. Desai moved to approve the cases recommended for closure by the
Investigative Committee. Dr. Jones seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 21
Executive Director's Report - Larry D. Lessly, J.D.,
Executive Director
- Maureen
- Report - Staff and Board Member Presentation to American
Medical Student Association - Larry D. Lessly, J.D., Executive Director and Ame
D. Rosencrantz, President
- Reports and Requests - Member and Staff Attendance at
Workshops, Meetings and Training Sessions
- Computer Licensing/Disciplinary Tracking Software Update
- Federation of State Medical Boards of the United States,
Inc.'s Call for Nominations for Awards - Informational Matters
- Informational Matters
Mr. Lessly reported on the Executive Leadership Training
seminar conducted by the
Mr. Lessly reported that following the seminar in
- Report - Staff and Board Member Presentation to American
Medical Student Association - Larry D. Lessly, J.D., Executive Director and Ame
D. Rosencrantz, President
Both Mr. Lessly and Mr. Rosencrantz participated in the
presentation, which took place in
- Reports and Requests - Member and Staff Attendance at
Workshops, Meetings and Training Sessions
Mr. Lessly requested attendance at a workshop entitled
"Essentials of Managing the Front Desk" in
- Computer Licensing/Disciplinary Tracking Software Update
Mr. Lessly reported that the License 2000
licensing/disciplinary tracking computer software program has been successfully
installed and is being used by staff. He advised that the total cost for the
project should reach approximately $150,000.00 after upgrade of the hardware is
completed. He added that Mrs. Lyons, who acts as the board's information
technology coordinator, is pleased with the program.
AGENDA ITEM 22
Matters for Future Agenda
Mr. Lessly advised that Carol A. Clothier, Assistant Vice
President, Examination and Board Action Services, Federation of State Medical
Boards of the United States, Inc. will make a presentation at the board's
AGENDA ITEM 23 Public Comment
There was no public comment.
ADJOURNMENT
Mr. Rosencrantz adjourned the meeting at