OPEN
SESSION BOARD MEETING
Conference
Room at the Offices of
the
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. (arrived on
Friday at 6:00pm); 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
ALSO PRESENT: Charlotte M. Bible, J.D., Assistant Chief
Deputy Attorney General
AGENDA ITEM 1
Call to Order - Arne D. Rosencrantz, President
- Announcement of Appointment of Larry D. Lessly, J.D.,
Executive Director to the USMLE Committee on Irregular Behavior
- Announcement of Appointment of Donald H. Baepler, Ph.D.,
D.Sc., to the Program Committee of the Federation of State Medical Boards of
the United States, Inc.
The meeting was called to order by Arne D. Rosencrantz,
President, at
- Announcement of Appointment of Larry D. Lessly, J.D.,
Executive Director to the USMLE Committee on Irregular Behavior
Mr. Rosencrantz announced the appointment and congratulated
Mr. Lessly. Mr. Lessly informed members of the function of the USMLE Committee
on Irregular Behavior.
- Announcement of Appointment of Donald H. Baepler, Ph.D.,
D.Sc. to the Program Committee of the Federation of State Medical Boards of the
United States, Inc.
Mr. Rosencrantz announced the appointment and congratulated
Dr. Baepler. Dr. Baepler informed members of the function of the Program
Committee.
AGENDA ITEM 2 Approval of Minutes
- March 2 & 3, 2001 Board Meeting - Open/Executive
Sessions
-
Dr. Desai moved to accept the minutes of the March 2 & 3,
2001 Board Meeting - Open/Executive Sessions and
AGENDA ITEM 3
Internal Affairs Committee Report
- Revised Staff Job Performance Evaluation Forms
Dr. Buchwald, Vice President and Chair of the Internal
Affairs Committee, advised that the new staff job performance evaluation forms
used for this year's evaluation of board staff were developed by the Internal
Affairs Committee and the Executive Director, and approved for use by the
Internal Affairs Committee.
AGENDA ITEM 4 Personnel Executive Session to Discuss
Professional Competency of: - Staff - Executive Director/Special Counsel - General
Counsel
Dr. Buchwald moved to go into Executive Session to discuss
the professional competency of the staff, Executive Director/Special Counsel
and General Counsel. Dr. Baepler seconded the motion, and it passed
unanimously.
Open Session to Set Salaries for Fiscal Year 2001-2002 for: -
Staff - Executive Director/Special Counsel - General Counsel
Dr. Hug-English arrived at the meeting at
Upon returning to Open Session, Dr. Buchwald moved to grant a
3% increase in compensation effective July 1, 2001 to Betty L. Tonner, License
Specialist and Casey N. Jinks, Receptionist, and an 8% increase effective July
1, 2001 in compensation to all other board staff including the Executive
Director/Special Counsel and the General Counsel, with the exception of
Lynnette L. Nason, Administrative Assistant to the General Counsel and Bryce L.
Rader, Investigator, whose compensation shall be evaluated at a later date when
requested by the Executive Director/Special Counsel. Dr. Stewart seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
Dr. Buchwald moved to pay a one-time bonus in the amount of
$5,000.00 to both the Executive Director/Special Counsel and the General
Counsel in recognition of the extraordinary additional duties they performed
during the recent session of the Nevada Legislature. Dr. Baepler seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
RECESS
Mr. Rosencrantz recessed the meeting for the evening at
MEMBERS PRESENT: Ame D. Rosencrantz, President; Susan S.
Buchwald, M.D., Vice President; Paul A. Stewart, M.D., Secretary-Treasurer;
Dipak K. Desai, M.D. (left on Saturday at 9:50 a.m.); 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; Rebecca A. Gaul-Richard, Senior
License Specialist; Misty C. Dew, Administrative Assistant; Casey N.
Harley-Jinks, Receptionist
ALSO PRESENT: Charlotte M. Bible, J.D., Assistant Chief
Deputy Attorney General; Nancy E. Munoz, P.A.-C, Physician Assistant Advisor
Arne D. Rosencrantz, President, reconvened the meeting at
AGENDA ITEM 5
Consideration of Request by Kent E Skogerson M D to Eliminate
the Board's Regulation Requiring Board Approval of Physician Assistant
Supervising Physicians/Advanced Practitioner of Nursing Collaborating
Physicians
Mr. Lessly referred members to the letter from Kent E.
Skogerson, M.D., in the agenda book and stated that Dr. Skogerson requests the
board's consideration of eliminating the requirement for the application for
approval and fee payment to act as a supervising physician of a physician
assistant/advanced practitioner of nursing in the state of
Dr. Buchwald stated her feeling that the current approval
procedure works well to maintain the line of responsibility for patient care.
Mr. Lessly agreed, adding that the approval process ensures the awareness of
both the supervising physician and the physician assistant and/or advanced
practitioner of nursing of their respective responsibilities in their working
relationship. Dr. Hug-English stated that the process provides a record for the
board of which physician assistant and/or advanced practitioner of nursing a
physician is responsible for. Mr. Lessly added that without the approval
procedure, physician assistants and advanced practitioners of nursing would be
bordering on acting as independent practitioners.
Dr. Baepler moved to deny Dr. Skogerson's request. Dr. Desai
seconded the motion, and it passed unanimously, with the Chair voting in favor
of the motion.
Ms. Munoz advised, for the record, that the Nevada
Association of Physician Assistants had no involvement in and was unaware of
the request made by Dr. Skogerson.
Dr. Baepler suggested that a subcommittee be formed to study
the board's current policy/laws/procedures/duties/requirements of
supervising/collaborating physicians to see whether they may need to be more
defined/enforceable/productive.
After some discussion, Dr. Stewart moved to form a
subcommittee, made up of the board's Physician Assistant Advisory Committee
members and Dr. Titus, to study the board's current supervising/collaborating
physician policy and then come back to the board with a report and
recommendation for any changes. Dr. Titus seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 6
Acceptance of Applications for Licensure - Appearances
Open Session
6 (a)
Dr. Titus questioned Saba Alim, M.D., who appeared before the
board to respond to questions concerning her application for limited licensure
to repeat her PGY-1 year of training.
Dr. Alim appeared with Edward G. Groenhout, M.D., Internal
Medicine Residency Director, University of Nevada School of Medicine, and
explained the circumstances surrounding her unsatisfactory performance in her
PGY-1 year of Internal Medicine training taken at the University of Nevada
School of Medicine last year. Dr. Groenhout stated that he supports Dr. Alim's
application to repeat her PGY-1 year, as he feels that her current situation is
such that she will be successful in passage of the repeat training.
Dr. Desai moved to accept Saba Alim, M.D.'s application for
limited licensure. Dr. Lubritz seconded the motion, and it passed unanimously, with
the Chair voting in favor of the motion.
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.
Dr. Desai left the meeting at
Executive Session
6 (b) Robert Chancellor, M.D.
Upon returning to Open Session, Dr. Stewart moved to deny
Robert Chancellor, M.D.'s application for licensure based on NRS 630.358(3),
NRS 630.358(4) and NRS 630.200. Dr. Buchwald seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Mr. Rosencrantz directed Mrs. Bible to prepare a board order
stating the reasons for the denial of Dr. Chancellor's application for
licensure.
Dr. Stewart advised Dr. Chancellor that the opinion ofthe
board is that he is not in full recovery and therefore not capable of the safe
practice of medicine. Dr. Baepler advised Dr. Chancellor that the board feels
he does not recognize the seriousness ofthe circumstances of the loss of his
license and is still psychologically in a state of denial. Dr. Titus expressed
her concern to Dr. Chancellor that he has not practiced Otolaryngological
Surgery since 1998 and has no evidence to show that his skills are safe to do
so.
Dr. Titus moved to return to Executive Session for the same
purposes stated before. Dr. Buchwald seconded the motion, and it passed
unanimously.
6 (c) Valerie Chang. P.A.-C
Upon returning to Open Session, Dr. Buchwald moved to accept
Valerie Chang, P.A.-C's application for licensure. Dr. Hug-English 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 stated before. Dr. Jones seconded the motion, and it passed
unanimously.
6 (d) Thomas Kim, M. D.
Upon returning to Open Session, Dr. Hug-English moved to
accept Thomas Kim, M.D.'s application for limited licensure. Dr. Buchwald
seconded the motion, and it passed, with Dr. Lubritz and the Chair opposing the
motion.
Dr. Buchwald moved to return to Executive Session for the
same purposes stated before. Dr. Jones seconded the motion, and it passed
unanimously.
6 (e) Shawn Larson. M.D.
Upon returning to Open Session, Dr. Buchwald moved to table
the agenda item until after lunch. Dr. Hug-English seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
RECESS
The meeting recessed for lunch at
Mr. Rosencrantz reconvened the meeting at
AGENDA ITEM 14 Reports
- Diversion Program: Quarterly Report - Carol R. Bowers,
R.N., C.D., Executive Director,
- Physician Assistant Advisory Committee - Committee
Representative
- Committee to Study Post-Licensure Continuing Competency
Evaluation - 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
- Budget for Fiscal Year 2001-2002 re: AB 569 Passage
- Federation of State Medical Boards of the United States,
Inc.'s Annual Meeting - Arne D. Rosencrantz, President
- Physician Assistant Advisory Committee - Committee
Representative
Ms. Munoz advised that the physician assistants' bill, adding
physician assistants to the listing of practitioners from which nurses take
orders, was approved by Governor Guinn and will become effective on
-Committee to Study Post-Licensure Continuing Competency
Evaluation -Committee Members: Arne D. Rosencrantz; Susan S. Buchwald, M.D.;
and Donald H. Baepler, Ph.D., D.Sc.
Dr. Baepler reported that he and Mr. Rosencrantz met with the
SPEX committee at the Federation of State Medical Boards of the United States,
Inc.'s annual meeting in Atlanta and discussed the idea of creating a specialty
specific SPEX for use in evaluating continuing competency. He added that he
plans to attend the SPEX committee's next meeting to be held in Las Vegas in
July, at which Nevada will be considered as the state where a trial specialty
specific SPEX would be administered.
-Diversion Program: Quarterly Report- Carol R. Bowers, R.N.,
C.D., Executive Director,
Ms. Bowers distributed and reviewed for members the Diversion
Program Statistics as of
- Investigative Committee - Paul A. Stewart, M.D.,
Chairperson
Dr. Stewart reported that at its meeting yesterday,
Dr. Stewart advised that there was some discussion at the
Investigative Committee meeting yesterday regarding gradation of sanctions,
particularly when a case does not require formal action, but could benefit from
some sort of informal action by the committee. Mr. Lessly advised that there is
no private way in which the committee can legally act upon a case. Any actions
taken must be public. He stated that the current procedure of licensee appearance
before the committee to discuss a case is a way in which the committee can
"warn" a licensee.
Dr. Baepler directed staff to research the gradation of
sanctions used by other state medical licensing boards and come back to the
board with a report for consideration.
AGENDA ITEM 6 (CONTINUED)
Acceptance of Applications for Licensure - Appearances
Dr. Hug-English moved to 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
6 (e) Shawn Larson, M.D. (CONTINUED)
Upon returning to Open Session, Shawn Larson, M.D. requested
to withdraw his application for limited licensure.
Dr. Lubritz moved to accept Shawn Larson, M.D.'s request to
withdraw his application for limited licensure. Dr. Hug-English 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 stated before. Dr. Hug-English seconded the motion, and it passed
unanimously.
6 (f) Michael Propst, M.D.
Upon returning to Open Session, Dr. Hug-English moved to
accept Michael Propst, 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. Hug-English moved to return to Executive Session for the
same purposes stated before. Dr. Stewart seconded the motion, and it passed
unanimously.
6 (g) Kori Singleton, M.D.
Upon returning to Open Session, Dr. Baepler moved to accept
Kori Singleton, M.D.'s application for limited licensure. Dr. Hug-English
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. Jones seconded the motion, and it passed
unanimously.
6 (h) Christine Wildeman, M.D.
Upon returning to Open Session, Dr. Baepler moved to accept
Christine Wildeman, 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. Hug-English moved to return to Executive Session for the
same purposes stated before. Dr. Jones seconded the motion, and it passed
unanimously.
6(i)Joseph Wilson, M.D.
Upon returning to Open Session, Dr. Titus moved to accept
Joseph Wilson, M.D.'s application for locum tenens licensure and that this
appearance satisfies the board's concern about his affirmative answer to
question #12 on his application for licensure. Dr. Baepler seconded the motion,
and it passed, with the Chair voting in favor of the motion.
AGENDA ITEM 7
Acceptance of Applications for Licensure - Non-Appearances
7 (j) Scott Borden, D.D.S., M. D.
Scott Boyden, D.D.S., M.D. chose to appear before the board
to answer questions regarding his application for licensure. He explained that
there currently is no ACGME approved Oral and Maxillofacial Surgery training in
existence and spoke on the quality of the two years of American Dental
Association approved Oral and Maxillofacial Surgery training he received at the
University of Rochester Strong Memorial Hospital.
Dr. Hug-English moved to accept Scott Boyden, D.D.S., M.D.'s
non-ACGME approved Oral and Maxillofacial Surgery training and his application
for licensure. Dr. Stewart seconded the motion, and it passed, with Dr. Lubritz
opposing the motion, and the Chair voting in favor of the motion.
7 (k) Ashoo Khanuja. D.D.S.. M.D.
7 (l) Daniel Muff. D.D.S., M.D.
After some discussion, Dr. Baepler moved to approve the nonACGME
approved training and applications for licensure of Ashoo Khanuja, D.D.S., M.D.
and Daniel Muff, D.D.S., M.D. Dr. Hug-English seconded the motion, and it
passed, with Dr. Lubritz abstaining from the vote, and the Chair voting in
favor of the motion.
AGENDA ITEM 8
Ratification of Licenses Issued and Reinstatements of
Licensure and Changes of Licensure Status Approved Since the March 2 & 3,
2001 Board Meeting
Dr. Stewart moved to ratify the licenses issued, and
reinstatements of licensure and changes of licensure status approved since the
March 2 & 3, 2001 board meeting. Dr. Hug-English seconded the motion, and
it passed unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 9
Consideration of Acceptance of Stipulation for Settlement in
the Matter of the Nevada State Board of Medical Examiners vs. Philip G. Wagman,
M.D.. Case No. 00-11609-1 Adjudicating Board Members: Arne D. Rosencrantz,
President, Susan S. Buchwald, M.D., Vice President; Dipak K. Desai, M.D.;
Jaculine C. Jones, Ed.D.; Cheryl A. Hug-English, M.D.; and Joel N. Lubritz,
M.D.
Mr. Rosencrantz confirmed that all adjudicating members were
present and prepared to consider acceptance of the Stipulation for Settlement
in the matter of the Nevada State Board of Medical Examiners vs. Philip G.
Wagman, M.D., Case No. 00-11609-1, except Dipak K. Desai, M.D., who left the
meeting at 9:50 a.m.
Mr. Legarza reviewed for members the points of the Complaint
and proposed Stipulation for Settlement in the matter. He advised that he and
the Investigative Committee recommend the board's acceptance of the proposed
Stipulation for Settlement.
Dr. Buchwald moved to accept the Stipulation for Settlement
in the matter of the Nevada State Board of Medical Examiners vs. Philip G.
Wagman, M.D., Case No. 00-11609-1. Dr. Jones seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 10
Adjudication in the Matter of the Nevada State Board of
Medical Examiners vs. Gary F Roberts, M.D., Case No. 00-8288-1
Adjudicating Board Members: Arne D. Rosencrantz, President,
Susan S. Buchwald, M.D., Vice President; Dipak K. Desai, M.D.; Jaculine C.
Jones, Ed.D.; Cheryl A. Hug-English, M.D.; and Joel N. Lubritz, M.D.
Mr. Rosencrantz confirmed that all adjudicating members were
present and prepared to adjudicate the matter of the Nevada State Board of
Medical Examiners vs. Gary F. Roberts, M.D., Case No. 00-8288-1, except Dipak
K. Desai, M.D., who left the meeting at 9:50 a.m.
Dr. Buchwald moved to go into Executive Session to deliberate
on the single count of the Complaint. Dr. Hug-English seconded the motion, and
it passed unanimously, with the Chair voting in favor of the motion.
Upon returning to Open Session, Dr. Buchwald moved to find Gary
F. Roberts, M.D. guilty of the single count of the Complaint, a violation of
NRS 630.304(1), engaging in the act of renewing a license to practice medicine
in the state of
The adjudicating members deliberated on the possible
sanctions which would be appropriate in this matter.
Dr. Buchwald moved to revoke the license to practice medicine
in the state of Nevada of Gary F. Roberts, M.D., issue him a public reprimand
and order him to pay all costs associated with the investigation and
prosecution of the case against him Dr. Jones seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 11
Adjudication in the Matter of the
Adjudicating Board Members: Arne D. Rosencrantz, President;
Susan S. Buchwald, M.D., Vice President; Dipak K. Desai, M.D.; Jaculine C.
Jones, Ed.D.; Cheryl A. Hug-English, M.D.; and Joel N. Lubritz, M.D.
Mr. Rosencrantz confirmed that all adjudicating members were
present and prepared to adjudicate the matter of the Nevada State Board of
Medical Examiners vs. Jeffrey Stein, M.D., Case No. 00-12784-1, except Dipak K.
Desai, M.D., who left the meeting at 9:50 a.m.
Dr. Buchwald moved to go into Executive Session to deliberate
on the two counts of the Complaint. Dr. Hug-English seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
Upon returning to Open Session, Dr. Buchwald moved to find
Jeffrey Stein, M.D. guilty of the first count of the Complaint, a violation
ofNRS 630.304(1), engaging in the act of renewing a license to practice
medicine in the state of
Dr. Buchwald moved to find Jeffrey Stein, M.D. guilty of the
second count of the Complaint, a violation of NRS 63 0.3 06(2)(a), engaging in
conduct intended to deceive. Dr. Hug-English seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
The adjudicating members deliberated on the possible
sanctions which would be appropriate in this matter.
Dr. Buchwald moved to revoke the license to practice medicine
in the state of Nevada of Jeffrey Stein, M.D., issue him a public reprimand and
order him to pay all costs associated with the investigation and prosecution of
the case against him Dr. Lubritz seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 1
Consideration of Request by
- Deborah Armstrong, Member,
Deborah Armstrong, member, and Kay Collins, Chairperson, of
the Nevada State Board of Cosmetology appeared to address the board regarding
the use of skin care treatment equipment by cosmetologists. Ms. Armstrong
advised that their board has received complaints from physicians who have had
to treat persons who have become injured by cosmetologists using the equipment
for procedures such as face peels, sclerotherapy, collagen injections and
microdermabrasion. She stated that the Nevada State Board of Cosmetology's
concern is that cosmetologists may be engaging in the practice of medicine, or,
at least, require special training and/or physician supervision to be able to
safely and competently perform these procedures. She asked the board for advice
on how they should proceed with this matter.
Mr. Lessly advised that the Nevada Medical Practice Act is
broad and does not specify which particular procedures are considered to be the
practice of medicine. He suggested that the Deputy Attorney General appointed
to the Nevada State Board of Cosmetology should be able to interpret the law
for them.
Dr. Hug-English and Dr. Titus suggested that the Nevada State
Board of Cosmetology consider drafting regulation requiring supervision by a
licensed physician of such procedures performed by licensed cosmetologists.
Dr. Buchwald and Mr. Rosencrantz suggested that the Nevada
State Board of Cosmetology form a task force, consisting of physicians who
regularly perform such procedures in their practice and cosmetologists, to
study the matter.
Ms. Armstrong thanked the board for the board's advice and
stated that she would keep the board informed of any progress the Nevada State
Board of Cosmetology may make in this matter.
AGENDA ITEM 12
Consideration of Amendment to NAC Chapter 630 to Allow Board
Members to Receive CME Credit for Board Work
Mr. Lessly stated that at the March board meeting, Dr.
Lubritz had requested that this item be placed on the board's June meeting
agenda for discussion and consideration. He advised that to accomplish Dr.
Lubritz's request, since work as a board member cannot be approved by the AMA
as Category I CME, the board would need to amend its current regulation
regarding CME requirements to allow board members to be exempt from the
requirement to complete CME.
After some discussion, Dr. Lubritz withdrew his request for
the board to consider this matter.
AGENDA ITEM 13
Consideration of Respiratory Therapists Licensing Matter
- Regulations (including discipline and Advisory Committee)
- Appointment of Interim Advisory Committee
- Fees
- Set Licensure Date
- Hiring of Additional License Specialist
Mr. Lessly advised that effective
Mr. Lessly referred members to the distributed copies ofthe
letter from Michael J. Garcia, R.R.T., President, Nevada Society for
Respiratory Care, requesting appointment of himself, Donald W. Wright, R.R.T.
and Steven E. Kessinger, C.R.T.T. to the interim Practitioner
of Respiratory Care Advisory Committee to the Board. He
advised that board staff will soon be meeting with the interim advisory
committee to draft regulations pertaining to the licensing and disciplining of
practitioners of respiratory care for board consideration. He stated that a
telephone conference call board meeting will need to be scheduled for some time
in mid-August for the board to consider approving the drafted regulations for
public workshops to be held in September in northern and southern
Mr. Lessly advised that board staff recommends an application
fee of $100.00 and a biennial registration fee of $200.00 be approved by the
board for Lcensure and registration of practitioners of respiratory care,
respectively. He recommended that biennial registration of practitioners of
respiratory care be conducted at a different time from that of other board
licensees, to ease the administrative burden. He suggested that the first
biennial registration period commence on January 1, 2002 and run through
February 28, 2004, for a period of 26 months, so that registration does not
occur during the holidays, and on a biennial time period thereafter of March 1'
of each even-numbered year through February 28th of the following even-numbered
year be set.
Mr. Lessly requested the board's approval to add a fourth
License Specialist to the Licensing Department, to help with the additional
work that will be involved with the licensing of practitioners of respiratory
care. He advised that he would move Elizabeth J. Pawlikowski from the
Investigative Department to the Licensing Department to accomplish this addition.
Dr. Stewart moved to approve:
1) ... the appointment of Michael J. Garcia, R.R.T., Donald
W. Wright, RR.T. and Steven E. Kessinger, C.RT.T., to the interim Practitioner
of Respiratory Care Advisory Committee to the Board;
2) ... the drafting of regulations pertaining to the
licensing and disciplining of practitioners of respiratory care by the members
of the interim Practitioner of Respiratory Care Advisory Committee to the Board
and board staff, for board consideration and approval for hearing in public
workshops to be held in September in northern and southern Nevada;
3) ... the application fee of $100.00 and biennial
registration fee of $200.00 for practitioners of respiratory care, as
recommended by Mr. Lessly and board staff; and
4) ... the addition to board staff of another license
specialist position.
Dr. Titus seconded the motion, and it passed unanimously,
with the Chair voting in favor of the motion.
AGENDA ITEM 14 (CONTINUED) Reports
- Diversion Program: Quarterly Report - Carol R. Bowers, R.N.,
C.D., Executive Director,
- Physician Assistant Advisory Committee - Committee
Representative
- Committee to Study Post-Licensure Continuing Competency
Evaluation - Committee Members: Arne 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
- Budget for Fiscal Year 2001-2002 re: AB 569 Passage
- Federation of State Medical Boards of the United States,
Inc.'s Annual Meeting - Arne D. Rosencrantz, President
- Investigative Committee - Paul A. Stewart, M.D.,
Chairperson (CONTINUED)
Dr. Buchwald moved to close the cases recommended for closure
by the Investigative Committee. Dr. Lubritz 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
- Budget for Fiscal Year 2001-2002 re: AB 569 Passage
Mr. Frantz distributed the board's Profit & Loss Budget
vs. Actual for July 2000 through June 2001 and Balance Sheet as of
Mr. Lessly reminded members that with the passage of AB 569,
the board is no longer required to submit its budget to the state for approval;
however, the budget for fiscal year 2001-2002, which was previously approved by
the board for submission to the state, now requires approval for internal
administration.
Dr. Baepler moved to approve the board's budget for fiscal
year 20012002 for internal administration. Dr. Stewart seconded the motion,
and it passed unanimously, with the Chair voting in favor of the motion.
- Federation of State Medical Boards of the United States,
Inc.'s Annual Meeting - Arne D. Rosencrantz, President
Mr. Rosencrantz reported that the Federation of State Medical
Boards of the United States, Inc.'s Annual Meeting held in
AGENDA ITEM 15
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 -
Board Litigation Status
- Board Ordered Terms, Conditions and Probation Status
Mr. Legarza reported that all licensees currently on
disciplinary probation with the board are in compliance.
Mr. Legarza advised that 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. He also
advised that, on behalf of the board, he had filed Motions to Dismiss the
Petition for Judicial Review filed by Pano Concha, M.D. and William O. Murray,
M.D., respectively, of the board's actions taken against them, and that both
the motions are awaiting District Court decision.
Mr. Legarza spoke on the recent media attention the board has
received concerning Gilles DesMarais, M.D., a licensee of the board, and
Harriston L. Bass, Jr., M.D. and James D. Potter, M.D., board licensees against
which the board has taken disciplinary action. Dr. Titus requested that board
members be advised immediately of any media attention the board may receive in
the future.
Mrs. Bible reported that the Petition for Writ of Certiorari
filed in the U.S. Supreme Court by Harriston Lee Bass, Jr., M.D. was denied and
Dr. Bass has exhausted every avenue of appeal of the disciplinary action taken
against him by the board.
AGENDA ITEM 18
Consideration of Request by John D. Swanson IV, M. D. for
Interpretation of NAC 630.080
Mr. Lessly referred members to John D. Swanson, IV, M.D.'s
letter in the agenda book and advised that Dr. Swanson is requesting that the
board consider waiving its regulation requiring that applicants for licensure
take and pass all parts of the USMLE within seven years, by allowing him to
re-take USMLE step 1, so that he will have taken USMLE steps 2 and 3 and then
re-taken USMLE step 1 within the seven year period.
Dr. Baepler moved to deny John D. Swanson, IV, M.D.'s
request. Dr. Buchwald seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
AGENDA ITEM 16
Executive Director's Report - Larry D. Lessly, J.D.,
Executive Director
- Maureen
- Consideration of Continuation of Contract with
- Legislative Update
- Update on Enhancements to Board's Web Site
www.state.nv.us/medical/ (Profiling) - Informational Items
- Consideration of Request for Staff Attendance at
Educational Meetings
Mr. Lessly requested board staff attendance at the 2001
Annual Clear Meeting, and the Federation of State Medical Boards of the United
States, Inc.'s Investigator Workshop, Executive Management Training Session and
Regional Workshop.
Dr. Lubritz moved to approve staff attendance at the
educational meetings as requested by Mr. Lessly. Dr. Titus seconded the motion,
and it passed, with the Chair voting in favor of the motion.
- Consideration of Continuation of Contract with
Dr. Baepler moved to continue the board's contract with
Nevada Broadcaster's Association for the period July 1 through
- Board Office Space Update
Mr. Lessly reported that the Licensing Department has
completed its move to the second floor.
- Legislative Update
Mr. Lessly reported that on
- Informational Items
Mr. Lessly advised that board staff will perform a mass
mailing of the new NRS/NAC Chapter 630 booklets to all board licensees once
they are printed in October 2001.
Mr. Lessly advised that Dr. Stewart and Dr. Titus have
received the honor of being asked by the Federation of State Medical Boards of
the United States, Inc. and the Colorado Personalized Education for Physicians
Institute to visit the institute in
Mr. Lessly advised that approximately half of the board's
licensees have renewed their licensure registration. He added that the final
notice for renewal ofbiennial registration will be mailed to all those
licensees who have not yet renewed next week.
- Update on Enhancements to Board's Web Site state.nv.us/medical/(Profiling)
Mrs. Lyons stated that at the March 2001 board meeting, the
board reviewed a proposal from System Automation Corporation for custom
programming of a verification active server page application to be hosted on
the board's Web site, which application would allow board licensee look-up via
the Internet. She reminded that after some discussion, the board voted that the
information to be provided on it's licensees via the verification active server
page should be different from what was listed in the proposal and should
instead 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.
Mrs. Lyons distributed and reviewed for board members the
revised proposal from System Automation Corporation.
Dr. Hug-English moved to approve the revised proposal from
System Automation Corporation. Dr. Stewart seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
AGENDA ITEM 19
Election of Officers
Mr. Rosencrantz asked for nominations for the office of
President.
Dr. Stewart nominated Dr. Hug-English for the office of
President. Dr. Baepler seconded the motion.
Dr. Buchwald moved to close nominations for the office of
President. Dr. Stewart seconded the motion, and it passed unanimously
There being no other nominations, Dr. Hug-English was elected
President by acclamation.
Mr. Rosencrantz called for nominations for the office of Vice
President. Dr. Titus nominated Dr. Jones for the office of Vice President. Dr.
Lubritz seconded the motion.
Dr. Baepler moved to close nominations for the office of Vice
President. Dr. Hug-English seconded the motion, and it passed unanimously
There being no other nominations, Dr. Jones was elected Vice
President by acclamation.
Mr. Rosencrantz called for nominations for the office of
Secretary Treasurer.
Dr. Baepler nominated Dr. Lubritz for the office of SecretaryTreasurer.
Dr. Stewart seconded the motion.
Dr. Jones moved to close nominations for the office of
SecretaryTreasurer. Dr. Buchwald seconded the motion, and it passed
unanimously.
There being no other nominations, Dr. Lubritz was elected
Secretary Treasurer by acclamation.
AGENDA ITEM 20
Appointment of Members to the Investigative and Internal
Affairs Committees, and Committee to Study Post-Licensure Continuing.
Competency Evaluation
Dr. Hug-English made the following committee appointments:
Investigative Committee: Dr. Lubritz, Chair; Dr. Baepler,
Member; Dr. Titus, Member
Internal Affairs Committee: Dr. Jones, Chair; Dr. Lubritz,
Member, (a third member to be appointed at the September 2001 board meeting)
Committee to Study Post-Licensure Continuing Competency
Evaluation: (to remain as is until the September 2001 board meeting) Mr.
Rosencrantz; Dr. Buchwald; Dr. Baepler
AGENDA ITEM 21
Matters for Future Agenda
Dr. Lubritz requested that Weldon Havins, M.D. be placed on
the September 2001 board meeting agenda to address the board on several items
of concern of the Nevada State Medical Association.
Dr. Titus stated that she would be unable to attend the
September 2001 board meeting and asked if the Investigative Committee could
hold its meeting sometime in August, so that she would be able to attend.
AGENDA ITEM 22
Public Comment
Lawrence P. Matheis, Executive Director,
1) The association requests that all proposed regulations of
the Nevada State Board of Medical Examiners be printed in the board's
newsletter; and
2) The association will be "revisiting" the pain
management regulations under NAC chapter 630.
ADJOURNMENT
Mr. Rosencrantz adjourned the meeting at