2000 NBME Mar 15 Board transcript

1 NEVADA STATE BOARD OF MEDICAL EXAMINERS

2 STATE OF NEVADA

3 ---oOo---

11 TELEPHONIC BOARD MEETING

12 March 15, 2000

13 Reno, Nevada

23 Reported by: Karen Bryson

Certified Court Reporter #120

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4 APPEARANCES

LARRY LESSLY, Executive Director

6 RICHARD LEGARZA, General Counsel

MAUREEN E. LYON, Deputy Executive Director

7 VICKI KNOPF, Chief Investigator

KASEY M. MILLER, Administrative Assistant

APPEARING TELEPHONICALLY:

ARNE ROSENCRANTZ, M.D.

11 SUSAN BUCHWALD, M.D.

PAUL STEWART, M.D.

12 DIPAK DESAI, M.D.

CHERYL HUG-ENGLISH, M.D.

13 JOEL LUBRITZ, M.D.

DONALD BAEPLER, M.D.

14 BRIAN KUNZI

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1 RENO, NEVADA, WEDNESDAY, MARCH 15, 2000; 4:30 P.M.

2 ---oOo---

4 DR. ROSENCRANTZ: This is in regard to the

5 voluntary surrender of license to practice medicine in the

6 State of Nevada for Gabriel D. Cacuci, M.D.

7 And in the State of Nevada the law says that

8 according to NRS 233B.122, that no agency member who acts as

9 an investigator or prosecutor in any contested case may take

10 any part in the adjudication of such case.

11 And since this is not a contested case, this is

12 a surrender of license, the members of the investigative

13 committee, Dr. Stewart, Dr. Buchwald, and Dr. Baepler can

14 participate in the decision of whether or not the board will

15 accept Dr. Cacuci's surrender of his license.

16 Mr. Legarza?

17 MR. LEGARZA: Thank you, sir.

18 You've all received, I believe, the facts of the

19 voluntary surrender of the license to practice medicine in

20 the State of Nevada signed and notarized by Dr. Cacuci.

21 We'll represent to you that the members of the

22 investigative committee were presented with the ongoing

23 investigation in this case at the last meeting, and that

24 Dr. Cacuci, as you may recall, was arrested in Clark County

25 for violation of a couple of felonies.

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1 The Nevada Division of Investigations arrested

2 him on an undercover project that they had going on him. The

3 information that they received that resulted in the arrest

4 they received from the Nevada State Board of Medical

5 Examiners, Vicki Knopf investigated this case, and we had

6 forwarded the information to them, and they had requested of

7 us to hold off with anything that we may do until such time

8 as they could possibly put their criminal case together.

9 When they did have their criminal case put

10 together, we then proceeded at the request of the

11 investigative committee to either proceed with a formal

12 complaint on Dr. Cacuci or convince Dr. Cacuci and his

13 attorney that it would be prudent for him to surrender his

14 license while under investigation.

15 That is what we have. We have Dr. Cacuci's

16 license that he has tendered, that he has surrendered while

17 under investigation. And under our law, of course, the

18 Nevada State Board of Medical Examiners must accept or reject

19 any tender of a resignation of a license, be it under

20 investigation or not under investigation.

21 So, the purpose of at least this portion of the

22 call is for you to make a determination as to whether or not

23 you will accept Dr. Cacuci's surrender of his license while

24 under investigation.

25 Thank you, Dr. Rosencrantz.

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1 DR. ROSENCRANTZ: Okay. I need a motion.

2 DR. BAEPLER: I move that we accept the

3 voluntary surrender.

4 DR. DESAI: Second the motion.

5 DR. ROSENCRANTZ: Okay. We have a motion and we

6 have a second.

7 Is there any discussion?

8 DR. TITUS: Yes. This is Robin Titus. I'm just

9 curious, this is new to me, regarding the consequence of a

10 voluntary surrender, and then does he have to go to a

11 completely new reapplication process if -- if we accept it,

12 or whatever, the case is dropped, et cetera?

13 MR. LEGARZA: Our law says, Doctor, that the

14 board will accept or reject the surrender of the license. If

15 the board accepts the surrender of the license, the surrender

16 is absolute and irrevocable, and the board will notify any

17 agency or person of the surrender and the conditions under

18 which the surrender occurred as the board considers

19 advisable.

20 This means that if Dr. Cacuci ever attempts to

21 practice medicine in the State of Nevada again, he will start

22 all over from scratch as though he has never been licensed to

23 practice medicine in this state.

24 DR. TITUS: Okay. Thank you.

25 DR. ROSENCRANTZ: Even if he was found innocent

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1 by the court?

2 MR. LEGARZA: That is correct. This is an

3 irrevocable surrender of his license. He -- if he ever

4 wanted to practice medicine again in this state, he would

5 start over from scratch, which all -- everything would apply

6 to him. He would have to have passed the US MLE, 1, 2, 3,

7 he'd have to take -- who knows what it would be, but it would

8 be like he was a brand new applicant. He has no standing

9 with us once this happens.

10 DR. ROSENCRANTZ: Okay.

11 Any further discussion?

12 If not, let's call for the question, and we'll

13 do a roll call vote.

14 Dr. Buchwald?

15 DR. BUCHWALD: I agree.

16 DR. ROSENCRANTZ: Dr. Stewart?

17 DR. STEWART: I agree.

18 DR. ROSENCRANTZ: Dr. Desai?

19 DR. DESAI: I agree.

20 DR. ROSENCRANTZ: Dr. Hug-English?

21 DR. HUG-ENGLISH: I'm in favor.

22 DR. ROSENCRANTZ: Dr. Jones is not here.

23 Dr. Lubritz?

24 DR. LUBRITZ: I agree.

25 DR. ROSENCRANTZ: And Dr. Baepler?

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1 DR. BAEPLER: Yes.

2 DR. ROSENCRANTZ: Dr. Titus?

3 DR. TITUS: Agreed.

4 DR. ROSENCRANTZ: The chair votes in favor, so

5 the motion carries, we will accept Dr. Cacuci's resignation.

6 DR. DESAI: The surrender.

7 DR. ROSENCRANTZ: Surrender, correct.

8 MR. LEGARZA: Surrender of his license while

9 under investigation.

10 Thank you.

11 ---o0o---

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1 STATE OF NEVADA )

) ss.

2 COUNTY OF WASHOE )

3 I, Karen Bryson, a notary public in and for the

4 County of Washoe, State of Nevada, do hereby certify:

5 That at 4:30 p.m., Wednesday, March 15, 2000, at

6 the Nevada State Board of Medical Examiners, 1105 Terminal

7 Way, Reno, Nevada, I was present for the above-entitled

8 matter;

9 That said matter was taken in stenotype notes by

10 me, a Certified Court Reporter, and thereafter reduced to

11 writing by means of computer-assisted transcription as herein

12 appears;

13 That the foregoing transcript, consisting of

14 pages 1 through 6, is a full, true and correct transcription

15 of my stenotype notes of said matter, to the best of my

16 skill, knowledge and ability.

17 Dated at Reno, Nevada, this 3rd day of April,

18 2000.

______________________________

21 Karen Bryson, CCR #120

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