OPEN
SESSION BOARD MEETING BOARD OFFICE CONFERENCE ROOM
MEMBERS PRESENT: Arne D. Rosencrantz, President; Susan S. Buchwald,
M.D., Vice President; Paul A. Stewart, M.D., Secretary-Treasurer; Dipak K.
Desai, M.D.; Jaculine C. Jones, Ed.D.; Cheryl A. Hug-English, M.D.; Joel N.
Lubritz, M.D.; Donald H. Baepler, Ph.D., D.Sc.; Robin L. Titus, M.D.
STAFF PRESENT: Larry D. Lessly, J.D., Executive Director;
Maureen E. Lyons, Deputy Executive Director; Richard J. Legarza, J.D., General
Counsel; Robert A. Frantz, Financial Manager; Bryce L. Rader, J.D.,
Investigator; Charlotte M. Bible, J.D., Assistant Chief Deputy Attorney General;
John B. Lanzillotta, P.A.-C, Physician Assistant Advisor
AGENDA ITEM 1
Call to Order and Announcements - Arne D.
Rosencrantz, President
- Introduction of New Member of Board Staff, Bryce L. Rader,
J.D., Investigator
- Introduction of Newly Assigned Deputy Attorney General,
Charlotte M. Bible, J.D., Assistant Chief Deputy Attorney General
The meeting was called to order by the Board President, Arne
D. Rosencrantz, at
Mr. Rosencrantz introduced Bryce L. Rader, J.D., the board's
new investigator as of
Mr. Rosencrantz introduced Charlotte M. Bible, J.D.,
Assistant Chief Deputy Attorney General, who is the board's newly assigned
Deputy Attorney General. Mrs. Bible advised that she has been employed by the
Attorney General's Office for ten years, gave a brief synopsis of her
professional background, and stated that she looks forward to working with the
board.
AGENDA ITEM 2 Approval of Minutes
- December 1 & 2, 2000 Board Meeting - Open/Executive
Sessions
-
Dr. Desai moved to accept the minutes of the December 1 &
2, 2000 Board Meeting - Open/Executive Sessions and the minutes of the December
5, 2000 Emergency Telephone Conference Call Board Meeting - Open Session. Dr.
Stewart seconded the motion, and it passed unanimously, with the Chair voting
in favor of the motion.
AGENDA ITEM 3
Consideration of Proposed Enhancements to Board's Web Site
www.state. nv.us./medical/ (Profiling)
Mr. Rosencrantz advised that this agenda item was tabled at
the board's last meeting in December of 2000, and asked Mrs. Lyons to present
the matter.
Mrs. Lyons gave an overview of the concept of offering
information on the board's licensees via a verification active server page on
the board's existing Web site and explained the means by which this could be
accomplished as proposed by System Automation Corporation, the computer
software firm from which the board's computer data base software program was
purchased.
Discussion ensued, with Dr. Lubritz moving that the board
provide information on it's licensees via a verification active server page on
the board's existing Web site, but to limit the information to what is
generally found in the yellow pages of a phone book on physicians. Dr. Baepler
seconded the motion.
Further discussion ensued, with Dr. Buchwald amending the
motion to add a statement to the board's Web site informing of the toll-free
phone number for the American Board of Medical Specialties and Dr. Baepler
making a second amendment to the motion to include license status information
of the board's licensees on the verification active server page.
Further discussion ensued. Mr.Rosencrantz called for the
motion and the motion failed.
Dr. Buchwald moved that the board provide information on it's
licensees via a verification active server page on the board's existing Web
site, which information will include the licensee's name, address, telephone
number, and primary scope of practice, the status and issue date of the
licensee's license, and any formal disciplinary actions which the board may
have taken against the license of the licensee. Dr. Baepler seconded the
motion. The motion passed, with Dr. Lubritz and Dr. Desai voting against the
motion, and the Chair voting in favor of the motion.
Mr. Rosencrantz directed Mrs. Lyons to provide the board with
a revised proposal for the verification active server page reflecting vote of
the board at the board's June meeting.
AGENDA ITEM 4
Personnel
Executive Session to Discuss Professional Competency of: -
Misty C. Dew, Administrative Assistant
Open Session:
- Consideration of Salary Adjustment for Misty C. Dew,
Administrative Assistant - Consideration of Proposed Investigative Department
Staffing Change
Mrs. Lyons stated that Ms. Dew has been employed by the board
for almost one year, has recently assumed some licensing duties, and is
performing well in her capacity as Administrative Assistant. She requested the
board's consideration in raising Ms. Dew's annual salary from $17,500.00 to
$18,500.00 effective
Dr. Desai moved to raise Ms. Dew's salary to $18,500.00
effective
AGENDA ITEM 4
Consideration of Request by Paul A. Stewart, M.D.,
Secretary-Treasurer, for Change of Executive Director's Procedure to Advise
Licensees Requiring a Visa to Practice of Extension or No-Extension Decisions
through License Specialists
Discussion ensued and no action was taken by the board
concerning this agenda item.
RECESS
Dr. Desai moved that the meeting be recessed. Dr. Titus
seconded the motion, and it passed unanimously, with the Chair voting in favor
of the motion. The meeting recessed at
MEMBERS PRESENT: Arne D. Rosencrantz, President (departed
meeting at
STAFF PRESENT: Larry D. Lessly, J.D., Executive Director;
Maureen E. Lyons, Deputy Executive Director; Richard J. Legarza, J.D., General
Counsel; Robert A. Frantz, Financial Manager; Rebecca A. Gaul-Richard, Senior
License Specialist; Bryce L. Rader, J.D., Investigator; Charlotte M. Bible,
J.D., Assistant Chief Deputy Attorney General; John B. Lanzillotta, P.A.-C,
Physician Assistant Advisor
AGENDA ITEM 4 (CONTINUED)
Personnel
Executive Session to Discuss Professional Competency of: -
Misty C. Dew, Administrative Assistant
Open Session:
- Consideration of Salary Adjustment for Misty C. Dew,
Administrative Assistant - Consideration of Proposed Investigative Department
Staffing Change
Mr. Legarza stated that Kasey M. Miller, Administrative
Assistant to the General Counsel, will be resigning from the board upon the
advent of her second child, which will require a reorganization of the
investigative department. He added that he is presently considering various
options for the reorganization.
Dr. Baepler moved to grant Mr. Legarza authorization to
reorganize the board's investigative department as he sees fit. Dr. Jones
seconded the motion, and it passed unanimously.
AGENDA ITEM 12
Acceptance of Applications for Licensure - Appearances
Dr. Desai movedto go into Executive Session to discuss the
character and professional competence of applicants for licensure. The motion
was seconded by Dr. Buchwald, and it passed unanimously.
Executive Session
12 (a) William Harrison. M.D.
Upon returning to Open Session, Dr. Baepler moved to deny
William Harrison, M.D.'s application for licensure, as per NRS 630.358(2)(b),
that under all the circumstances the time of the application was not reasonable.
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 for the
same purposes as stated before. Dr. Desai seconded the motion, and it passed
unanimously.
12 (b) Robert Chancellor, M. D.
Upon returning to Open Session, Dr. Titus moved to deny
Robert Chancellor, M.D.'s application for licensure, as per NRS 630.358(2)(b),
that under all the circumstances the time of the application was not
reasonable. Dr. Buchwald seconded the motion, and it passed unanimously, with
the Chair voting in favor of the motion.
Dr. Desai moved to return to Executive Session for the same
purposes as stated before. Dr. Jones seconded the motion, and it passed
unanimously.
12 (c) Nader Anis Armanious, M.D.
Upon returning to Open Session, Dr. Buchwald movedto deny
Nader Anis Armanious, M.D.'s application for licensure, as per NRS 630.304(1)
attempting to obtain a license to practice medicine by misrepresentation. Dr.
Lubritz seconded the motion, and it passed unanimously, with the Chair voting
in favor of the motion.
Mr. Rosencrantz handed the gavel over to Dr. Buchwald at
approximately
Dr. Desai moved to return to Executive Session for the same
purposes as stated before. Dr. Jones seconded the motion, and it passed
unanimously.
12 (e) Marta Chaplynsky, M.D.
Upon returning to Open Session, Dr. Lubritz moved to deny
Marta Chaplynsky, M.D.'s application for licensure, as per NRS 630.3 04(l),
attempting to obtain a license to practice medicine by misrepresentation and
NRS 630.301(3), action pending against her license to practice medicine in another
state. Dr. Baepler seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
Dr. Lubritz moved to return to Executive Session for the same
purposes as stated before. Dr. Desai seconded the motion, and it passed unanimously.
12 (f) Leon Lis, M.D.
Dr. Hug-English joined the meeting at
Upon returning to Open Session, Dr. Titus moved to accept
Leon Lis, 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. Desai moved to return to Executive Session for the same
purposes as stated before. Dr. Titus seconded the motion, and it passed
unanimously.
12 (d) Lavfe Anthony. M.D.
Upon returning to Open Session, Dr. Titus moved to accept Layfe
Anthony, 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.
12 (g) Jay Keystone, M.D.
Upon returning to Open Session, Dr. Titus moved to accept Jay
Keystone, M.D.'s application for licensure with the restriction that he
practice only as a Medical Director of a managed care organization for any and
all periods of biennial registration of his Nevada medical license. Dr.
Hug-English seconded the motion, and it passed unanimously, with the Chair
voting in favor of the motion.
Dr. Lubritz moved to return to Executive Session for the same
purposes as stated before. Dr. Hug-English seconded the motion, and it passed
unanimously.
12 (h) Steven Schilperoort, M.D.
Upon returning to Open Session, Dr. Desai moved to accept
Steven Schilperoort, M.D.'s application for licensure and to place the same
conditions on his Nevada medical license that are currently on his license to
practice medicine in Oregon. Dr. Lubritz seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 9
Legislation Report - Robert R. Barengo, J.D., Legislative
Counsel to the Board - Status of SB 91, Nevada State Board of Medical Examiners
Legislation
- Consideration of Board Position on SB 52, Requested by the
- Position of Board on
Mr. Barengo reported on the current status of legislation
affecting the board, including SB 52, and advised that the board's bill, SB 91,
is set for hearing before the Senate Committee on
Mr. Lessly reported on the bill draft request of the
podiatrists, which expands their scope of practice to include amputation. The
board directed Mr. Barengo to follow this bill draft request.
AGENDA ITEM 6 Reports
- Diversion Program - Oversight Committee: Consideration of
Termination of Committee - Paul A. Stewart, M.D., Chairperson
- Diversion Program - Quarterly Report - Carol R. Bowers,
R.N., C.D., Executive Director, Nevada Health Professionals Assistance
Foundation - Physician Assistant Advisory Committee - Committee Representative
- Committee to Study Post-Licensure Continuing Competency
Evaluations - Committee Members: Ame D. Rosencrantz; Susan S. Buchwald, M.D.;
and Donald H. Baepler, Ph.D., D.Sc.
- Investigative Committee - Paul A. Stewart, M.D., Chairperson
- Secretary-Treasurer - Paul A. Stewart, M.D.,
Secretary-Treasurer Robert A. Frantz, Financial Manager
- Public Service Announcement Committee - Results of Phone
Survey
- Consideration of Continuation of Contract with Nevada
Broadcasters Association forApril 1 through
Committee Members: Arne D. Rosencrantz, Chairperson; Joel N.
Lubritz, M.D.; and Larry D. Lessly, J.D.
- Diversion Program - Oversight Committee: Consideration of
Termination of Committee - Paul A. Stewart, M.D., Chairperson
Dr. Stewart recommended that the Investigative Committee,
acting as Diversion Program Oversight Committee, discontinue overseeing the
board's Diversion Program as the program is in compliance with the board's
requirements and is running well under the management of Ms. Bowers.
Dr. Baepler moved to terminate the Diversion Program
Oversight Committee. Dr. Hug-English seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
- Diversion Program - Quarterly Report - Carol R. Bowers,
R.N., C.D., Executive Director, Nevada Health Professionals Assistance
Foundation
Ms. Bowers distributed the Diversion Program quarterly
statistical report and reviewed the report for the board. She was pleased to
advise that the Nevada Health Professionals Assistance Foundation has recently
received monetary donations from several Nevada hospitals.
- Physician Assistant Advisory Committee - Committee
Representative
John B. Lanzillotta, P.A. -C thanked the board for its
support of SB 78, the bill that grants authorization to physician assistants to
give orders to nurses. He added that SB 78 has passed through the Senate and is
pending hearing in the Assembly.
Mr. Lanzillotta advised that he has read that the Federation
of State Medical Boards of the United States, Inc. will begin compiling
disciplinary information on physician assistants into its data bank. Mrs. Lyons
advised that the board's actions against its physician assistant licensees has
always been reported to the Federation, but that the Federation, to date, has
never kept a data bank of physician assistant disciplinary actions.
- Committee to Study Post-Licensure Continuing Competency
Evaluations - Committee Members: Arne D. Rosencrantz; Susan S. Buchwald, M.D.;
and Donald H. Baepler, Ph.D., D.Sc.
Dr. Buchwald advised that the committee presently had no
report.
- Investigative Committee - Paul A. Stewart, M.D.,
Chairperson
Dr. Stewart reported that the Investigative Committee met
with eight of the board's licensees during its meeting on Friday, March 2,
2001, and distributed the listing of cases recommended for closure by the
committee for the board's review and consideration.
After a review of the cases by each board member, Dr. Desai
moved to close the cases recommended for closure by the Investigative
Committee. Dr. Titus seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
- Secretary-Treasurer - Paul A. Stewart, M.D.,
Secretary-Treasurer Robert A. Frantz, Financial Manager
Mr. Frantz distributed the board's Profit & Loss Budget
vs. Actual for July 1, 2000 through March 2, 2001 and Balance Sheet as ofMarch
2, 2001, and reviewed them for the board.
- Public Service Announcement Committee - Results of Phone
Survey
- Consideration of Continuation of Contract with Nevada
Broadcasters Association for April 1 through June 30, 2001
Committee Members: Arne D. Rosencrantz, Chairperson; Joel N.
Lubritz, M.D.; and Larry D. Lessly, J.D.
Mrs. Lyons reviewed the results of the phone survey, as it
appeared in the agenda books, for members. Mr. Lessly requested the board's
consideration of continuing its contract with Nevada Broadcasters Association
for the period April 1 through June 30, 2001, at a cost of $5,000.00 per month
for airing of the board's public service announcements.
Dr. Desai moved to continue the board's contract with Nevada
Broadcaster's Association for the period April 1 through
AGENDA ITEM 7
Legal Reports - Richard J. Legarza, J.D., General
Counsel
- Charlotte M. Bible, J.D., Assistant Chief Deputy Attorney
General - Board Ordered Terms, Conditions and Probation Status Report
- Board Litigation Status
- Request by Kenneth Osgood, M.D., M.P.H., for Legal Opinion
Mr. Legarza reported that:
1) ... the board's contract with the Nevada Health
Professionals Assistance Foundation will be on the agenda of the next Board of
Examiners' meeting for approval;
2) ... the board's motion to dismiss the petition for
judicial review in District Court of Nir Y. Lorant, M.D.'s appeal of the
board's action against him was granted, and the time allowed for an appeal of
the matter by Dr. Lorant to the Supreme Court has expired;
3) ... Warren S. Gilbert, M.D.'s amended complaint against
the board alleging a conspiracy by the board against him was dismissed in
4) ... on behalf of the board, he filed a Motion to Dismiss
the Petition for Judicial Review filed by Pano Concha, M.D. of the board's
action taken against him; and
5) ... all licensees are currently in compliance with any and
all board ordered terms, conditions and/or probation.
Mr. Legarza requested the board's consideration of approving
his opinion, as it appears in the agenda book, in response to the request for a
legal opinion by Kenneth Osgood, M.D., M.P.H. regarding which certain
situations would be grounds for the board to initiate disciplinary action
review of a licensed
Discussion ensued, with Dr. Baepler moving to approve the
opinion as written by Mr. Legarza as it appears in the agenda book. Dr.
Hug-English seconded the motion, and it passed unanimously, with the Chair
voting in favor of the motion.
Mrs. Bible advised that a Petition for Writ of Certiorari was
filed in the U.S. Supreme Court by Harriston Lee Bass, Jr., M.D. appealing the
denial of his request for rehearing of the board's action against him in the
Nevada Supreme Court and requesting a re-hearing in the U.S. Supreme Court. She
advised that on behalf of the board, she waived the opportunity to file a
response in the matter. She added that if the Writ is granted, the board will
be ordered to prepare a brief in the matter.
AGENDA ITEM 8
Executive Director's Report - Larry D. Lessly, J.D.,
Executive Director
- Maureen
- Educational Meetings: Final Request for Approval of Member
and Staff Attendance at the Federation of State Medical Boards of the United
States, Inc.'s Annual Meeting, April 19 - 21, 2001, in Atlanta, Georgia
- Request for Approval of 2000 Board Annual Report
- Consideration of Termination of Board Annual Audit of
Supervising/Collaborating Physicians of Physician Assistants and Advanced
Practitioners of Nursing
- Change in Physician Licensure Application Process re:
Acquisition of AMA Physician Profile - Informational Items
- Educational Meetings: Final Request for Approval of Member and
Staff Attendance at the Federation of State Medical Boards of the United
States, Inc. 's Annual Meeting, April 19 - 21, 2001, in Atlanta, Georgia
Mr. Lessly requested final approval for Mrs. Lyons, Mr.
Legarza, Ms. Zarubi, Mr. Rader, Mr. Rosencrantz, Dr. Desai, Dr. Stewart, Dr.
Jones, Dr. Lubritz, Dr. Baepler, Dr. Titus, and Ms. Bowers to attend the
Federation of State Medical Boards of the United States, Inc.'s annual meeting
to be held in April 2001 in Atlanta, Georgia.
Dr. Desai moved to approve attendance at the Federation of
State Medical Boards of the United States, Inc.'s annual meeting to be held in
April 2001 by those persons listed by Mr. Lessly. Dr. Hug-English seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
- Request for Approval of 2000 Board Annual Report
Mrs. Lyons reviewed the board's annual report for year 2000,
as it appears in the agenda book. She advised that the board's disciplinary
action statistics for 2000 are pending categorization the Federation of State
Medical Boards of the United States, Inc.
Dr. Desai moved to approve the 2000 Board Annual Report
including the pending disciplinary action statistics. Dr. Lubritz seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
- Consideration of Termination of Board Annual Audit of
Supervising/Collaborating Physicians of Physician Assistants and Advanced
Practitioners of Nursing
Mr. Lessly advised that no audit of any
supervising/collaborating physician has ever resulted in a finding of
non-compliance by the supervising/collaborating physician, and, therefore, he
feels that the annual auditing of these physicians is ineffectual and should be
discontinued. He added that should any problem arise in the future with any
supervising/collaborating physician, that audits can be performed on a
case-by-case basis.
Dr. Desai moved to discontinue the board's annual audit of
supervising/collaborating physicians of physician assistants and advanced
practitioners of nursing. Dr. Titus seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
- Change in Physician Licensure Application Process re:
Acquisition of AMA Physician Profile
Mr. Lessly advised that the acquisition of AMA Physician
Profiles on applicants for licensure is now being performed via the Internet by
the board's license specialists.
- Informational Items
Mr. Lessly asked whether any members would be interested in
serving on any of the Federation of State Medical Boards of the United States,
Inc.'s committees during the upcoming year, as a letter in support of any
interested board member must be sent from the board to the Federation's
incumbent president. Dr. Stewart, Dr. Baepler and Dr. Titus indicated that they
would be interested in serving on a future committee of the Federation. Mr.
Lessly stated that he would draft support letters for the three interested
board members.
Mr. Lessly advised members of the lease situation for the
board's offices. He stated that upon finalization of the lease documents, he
would request that a telephone conference call board meeting be held to approve
the finalized lease.
Mr. Lessly advised that biennial registration renewal forms
for the 2001 - 2003 period will be mailed to the board's licensees by the
middle of March 2001.
AGENDA ITEM 10
Petition for Change of Status from Restricted
- Gregory Nielsen, M.D.
Dr. Desai moved to approve the change of licensure status
from restricted county licensure to unrestricted active licensure of Gregory
Nielsen, M.D., as petitioned. Dr. Hug-English seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 11
Petition for Restoration of Restricted Licensure to Full
Unrestricted Licensure - Appearance
- Rodney G. Handsfield, M.D., License Number 5354
Mr. Legarza advised that a continuation of this matter, as
requested by Rodney G. Handsfield, M.D.'s attorney, was granted, and the matter
will be placed on the board's September 2001 meeting agenda for consideration.
AGENDA ITEM 13
Ratification of Licenses Issued, and Reinstatements of
Licensure and Changes of Licensure Status Approved Since the December 1 & 2
2000 Board Meeting
Dr. Desai moved to ratify the licenses issued, and
reinstatements of licensure and changes of licensure status approved since the
December 1 & 2, 2000 board meeting. Dr. Hug-English seconded the motion,
and it passed unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 14
Matters for Future Agenda
After some discussion, the board directed Mr. Lessly to
handle the matter of obtaining and publishing in the board's next newsletter a clarification
from the Nevada State Medical Association of the misinformation published in
the Reno Gazette-Journal regarding the legislation which significantly modified
the Nevada Medical Practice Act in 1985.
AGENDA ITEM 15
Public Comment
There was no public comment.
ADJOURNMENT
Dr. Buchwald adjourned the meeting at