Nevada State Board of
Medical Examiners
***MINUTES***
OPEN SESSION BOARD
MEETING
Conference Room at the
Offices of the
NEVADA STATE BOARD OF
MEDICAL EXAMINERS
1105 Terminal Way,
Suite 301
Reno, Nevada 89502
TUESDAY, JUNE 4, 2002
MEMBERS
PRESENT: Cheryl A. Hug-English,
M.D., President
Jaculine C. Jones, Ed.D., Vice President
Paul A. Stewart, M.D., Secretary-Treasurer
Donald H. Baepler, Ph.D., D.Sc.
Marlene J. Kirch
Sohail U. Anjum, M.D.
Stephen K. Montoya, M.D.
MEMBER
PRESENT
BY
TELEPHONE: Robin L.
Titus, M.D.
MEMBER
ABSENT: Joel N. Lubritz,
M.D.
STAFF
PRESENT: Larry D. Lessly,
J.D., Executive Director
Maureen E. Lyons, Deputy Executive Director
Richard J. Legarza, J.D., General Counsel
AGENDA ITEM
1
Call to
Order and Announcements - Cheryl A. Hug-English, M.D., President
The meeting
was called to order by Cheryl A. Hug-English, President, at 4:30 p.m.
Mailing
Address: P.O. Box 7238 • Reno, Nevada
89510-7238
Physical
Address: 1105 Terminal Way, Suite 301 • Reno, Nevada 89502-2144
(775)
688-2559 • Fax (775) 688-2321
E-mail:
nsbme@govmail.state.nv.us • Website: www.state.nv.us/medical/
(NSPO Rev,
5-02) (O) 1934
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June 4, 2002
Board Meeting
Open Session
Minutes
AGENDA ITEM
2
Consideration
of Petition by Kenny C. Guinn to Designate Clark County as Underserved in
Obstetrics/Gynecology Pursuant to NRS 630.164 and to Waive the Requirement of
NRS 630.160(2)(d) to Allow Physicians with One Year of Postgraduate Training to
be Licensed to Practice Obstetrics/Gynecology in Clark County
Marybel
Batjer, Chief of Staff to the Governor, appeared before the board. She spoke on
the medical liability insurance problem which is causing Obstetrics/ Gynecology
physicians to leave Las Vegas for practice elsewhere and ultimately creating a
hardship for pregnant mothers in the area. She requested that the board
consider designating Las Vegas as underserved and waiving the requirement for
licensure of three years of progressive postgraduate training in order to be
prepared for any future crisis in availability of Obstetrics/Gynecology care.
Mike
Willden, Director, Department of Human Resources, appeared before the board. He
advised that his department insures 34 to 40% of all births in the state and
runs programs such as "Baby Your Baby." He stated that the ability to
connect a patient with an Obstetrics/Gynecology physician is diminishing
rapidly, as these physicians are dropping from the programs with only 31 now
participating when, at one time, 71 were enrolled in the programs.
Yvonne
Sylva, Administrator, State Health Division, appeared before the board. She
advised that a similar situation occurred in the early 1990's, when a shortage
of Obstetrics/Gynecology physicians caused the infant mortality rate to jump to
9.1 %. She stated that the programs, such as "Baby Your Baby," have
helped to bring that rate down to a current 5.2%. She urged the board to
seriously consider the Governor's petition.
Dr. Montoya
spoke on behalf ofthe Obstetrics/Gynecology physicians in Las Vegas, stating
that he is shocked that the Governor wants the standards lowered, as physicians
without proper training would endanger the health of their patients. He added
that undertrained physicians would be unable to obtain hospital privileges. He
recommended that the Governor consider putting together a tort reform package
as a viable solution to the matter.
Dr. Baepler
stated that the board supports the Governor and is not taking an adversarial
position regarding this issue. He added that the board cares about the citizens
of Nevada. He advised that the board is a leader in the nation for its Medical
Practice Act and is proud that other states are currently striving to come up
to its standards regarding their licensing educational requirements. He stated
that the board is willing to cooperate with the Governor in any positive way,
as long as the integrity of the medical community is not adversely effected.
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June 4, 2002
Board Meeting
Open Session
Minutes
Dr. Stewart
stated that pre-natal care is vital to the health of an unborn child and a
mother in her first trimester needs to have access to such care, and, therein,
lies the problem. He stated that he feels the crisis is due to a lack of access
to physicians and not due to the board's licensing laws. He added that even if
the board granted the Governor's petition, the situation would not be resolved
as he doesn't believe that physicians who don't meet the licensure requirements
would want to come to Nevada and take the risk of practicing in a specialty for
which they are not properly trained.
Dr. Titus
advised that she practices medicine in rural Nevada and when her community has
become underserved in pre-natal care, lowering standards has never been and
would never be considered as a solution or option.
Mr. Legarza
gave his opinion that a letter from the board to the Clark County Board of
Commissioners should be written requesting that they present data to assist the
board in making its underserved determination. He added that once such data is
received, the board could then proceed
to make a more educated consideration of the Governor's petition.
Ms. Batjer
stated that the Governor is proud of Nevada's Medical Practice Act, would never
want licensing educational standards to be lowered and does not want the board
to license any unqualified physicians. She added that the Governor has already
taken action to help relieve the situation by offering special malpractice
insurance to Obstetrics/Gynecology physicians to entice them to remain in
Nevada. She stated that the Governor wants to take every precaution to prevent
a crisis.
Dr.
Hug-English stated that the board recognizes the complexity and seriousness of
this mater and wants to be as helpful as possible within its statutory
guidelines. She thanked those who appeared before the board for their input and
for taking the time to come to the meeting.
Dr. Baepler
moved to direct Mr. Legarza to draft a letter to the Clark County Board of
Commissioners requesting its presentation of data to the Nevada State Board of
Medical Examiners to assist with the board's determination as to whether or not
Clark County is underserved in Obstetrics/Gynecology per NRS 630.164. Dr.
Montoya seconded the motion, and it passed unanimously, with the Chair voting
in favor of the motion.
Mr. Legarza
presented a draft letter to the Clark County Board of Commissioners, which
draft letter he had prepared in advance of the meeting. After some discussion
of the contents of the draft letter, Dr. Hug-English directed Mr. Legarza to
amend the draft letter to include suggestions made during the board's
discussion. She directed Mr. Legarza to
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June 4, 2002
Board Meeting
Open Session
Minutes
forward copies
of the amended draft letter to all board members for final approval prior to
mailing it to the Clark County Board of Commissioners.
AGENDA ITEM
3
Consideration
of Approval of Cases Recommended for Closure by the Investigative Committee
Dr. Stewart advised
that the board approved the cases recommended for closure by the Investigative
Committee at the board's regularly scheduled meeting on May 31, 2002.
AGENDA ITEM
4
Consideration
of Request by St. Rose Dominican Hospital for Approval of Practitioner of
Respiratory Care Training Program Per NRS 630.047(1)(e) and (f)(1)
Mr. Lessly
advised that per NRS 630.047(1)(e) and (f)(l), the board is required to approve
practitioner of respiratory care training programs.
Dr. Stewart
moved to approve the practitioner of respiratory care training program as
requested by St. Rose Dominican Hospital, per NRS 630.047(1)(e) and (f)(1).
Mrs. Kirch seconded the motion, and it passed unanimously, with the Chair
voting in favor of the motion.
AGENDA ITEM
5
Consideration
of Acceptance of Stipulation for Settlement in the Matter of the Nevada State
Board of Medical Examiners vs. Janice A. McDonald M.D. Case No. 01-10298-1
Adjudicating Board Members: Cheryl A. Hug-English, M.D., President; Joel N.
Lubritz, M.D., Secretary-Treasurer; Paul A. Stewart, M.D.; Marlene J. Kirch;
Sohail U. Anjum, M.D.; and Stephen K. Montoya, M.D.
All
adjudicating members were present for this agenda item except Dr. Lubritz, who
was absent from the meeting.
Dr. Titus
disconnected from the meeting at 5:20 p.m., as she was not a participant in the
adjudication of this matter.
Mr. Legarza
reviewed for the adjudicating members the counts contained in the complaint and
the points of the stipulation for settlement in the matter of the Nevada State
Board of Medical Examiners vs. Janice A. McDonald, M.D., Case No. 01-10298-l.
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June 4, 2002
Board Meeting
Open Session
Minutes
Dr. Montoya
moved to accept the stipulation for settlement in the matter of the Nevada
State Board of Medical Examiners vs. Janice A. McDonald, M.D., Case No.
01-10298-1. Mrs. Kirch seconded the motion, and it passed unanimously, with the
Chair voting in favor of the motion.
AGENDA ITEM
6
Matters for
Future Agenda
There was no
discussion under this agenda item.
AGENDA ITEM
7
There was no
public comment.
ADJOURNMENT
Dr.
Hug-English adjourned the meeting at 5:25 p.m.