Board Meeting
Nevada State Board of Homeopathic Medical Examiners
held at
The Office of Dr. Phillip Minton
521 Hammill Lane
Reno, NV 89511

March 22, 2003

Board Members: Janie Greenspun-Gale, President; Diane Kennedy, Vice President; Fuller Royal, MD, HMD, Secretary-Treasurer; Daniel Royal, DO, HMD; Linda Read; David Edwards, MD, HMD; Phillip Minton, HMD; Deputy Attorney General: Ned Reed; Executive Director: Wendy Gallerani

Minutes

1. Board Vice President Diane Kennedy called the meeting to order at 10:05 a.m.,
visitors were welcomed, asked to identify themselves, and sign in.

2. Board Members and Staff Present: Linda Read, Fuller Royal, Diane Kennedy, David Edwards, Phillip Minton, Wendy Gallerani (Executive Director), Ned Reed (Deputy Attorney General).

Board Members Absent: Janie Greenspun-Gale and Daniel Royal

Visitors Present: Imelda G. Millare, Bruce Fong, D.O., Harvey Bigelsen, M.D., Mary Marsh Linde, William C. Donalson, and Marina L. Kropp, M.D.

3. Motion: Fuller Royal moved that the minutes of; December 14, 2002 Public
Workshop, December 14, 2002 Public Hearing, December 14, 2002 Public
Meeting, December 14, 2002 Closed Session, and January 7th, 2003 Telephone
Meeting be approved.
Second: Linda Read
Action: Passed unanimously

4. Applicants for license/certification:

a) Applicant for HMD license, Bruce K. Fong, DO
The application was reviewed. Everything was in order except for verification of license from the Osteopathic Board of Nevada.

Motion: Phillip Minton moved to allow Dr. Fong to take the exam.
Second: F. Fuller Royal
Action: Passed unanimously

b) Applicant for HMD license, Marina L. Kropp, MD: Application was reviewed and found to be in order.

Motion: Phillip Minton moved to allow Marina Kropp to take the HMD exam.
Second: Fuller Royal
Action: Passed Unanimously

c) Applicant for HMD license, Pablito A. Bacalocos, MD: Absent. Fuller Royal stated that the board has received additional information in regards to his postgraduate education, but the board only has verification of two years of postgraduate training. Three years of postgraduate training are required for licensure of foreign applicants. No action taken

d) Applicant for HA certificate, Imelda G. Millare
Application was found to be in order. She has submitted the $75.00 fee for re-examination.

Motion: F. Fuller Royal moved to allow Imelda Millare to retake the Homeopathic Assistant exam.
Second: Phillip Minton
Action: Passed unanimously

e) Applicant, Harvey Bigelsen: Wendy Gallerani stated that Harvey Bigelsen
signed a waiver that waived the notice requirement under NRS 241.033. Board members had previously reviewed the brief mailed to them by Mr. Bigelsen's attorney.

Mary Marsh Linde, legal counsel for Harvey Bigelsen, stated that Harvey Bigelsen's competency is not the issue before the board. She stated then there are two issues to be considered for licensure by the board:
(1) The interpretation of the provision that requires a applicant for HMD to be licensed in another jurisdiction, and
(2) The effect of prior felony conviction.
Ms. Linde provided the board with a summary of Mr. Bigelsen's involvement in the establishment of the law in the state of Arizona as it pertains to the practice of homeopathy. The board was told that Nevada received assistance from Mr. Bigelsen in establishing NRS 630A. According to Ms. Linde, Nevada imported assumption of competence in the "is licensed" language:
NRS 630A.230 Qualifications of applicant for license to practice homeopathic medicine.
2. Except as otherwise provided in NRS 630A.225, a license may be issued to any person who
(c) Is licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States (emphasis added)
Harvey Bigelsen had been licensed in allopathy and homeopathy prior to a felony conviction resulting from mis-coded insurance claim forms. He was required to voluntarily relinquish his allopathic licenses for 48 months and his Arizona homeopathic license permanently. Currently, Mr. Bigelsen is not licensed. Ms. Linde interpreted the above statute not to mean "is currently licensed." Although Mr. Bigelsen had been licensed in three other jurisdictions, he currently is unlicensed. His licenses were not revoked for medical misconduct. His competence as a physician was not in question. Medicare placed his submission of Chiropractic billings into an indictment of 117 charges. 114 charges were dismissed. He was also charged with mail fraud when the claims were mailed. According to Ms. Linde, fraud by definition includes "moral turpitude." She suggested the board review the indictment to determine if Mr. Bigelsen's conduct could be defined as "moral turpitude." The primary questions before the board in determining Mr. Bigelsen's qualifications for licensure are:
(1) Is the "is licensed" a barrier to allowing him to be licensed, and
(2) Has he committed "moral turpitude."
NRS 630A.225 allows the board discretion to license a physician applicant who has had disciplinary proceedings in another state unless the license was revoked for gross medical negligence. She reminded the board that it does not have to follow the advice of its legal counsel, Deputy Attorney General Ned Reed.

Phillip Minton asked if Harvey Biegelsen could reactivate one of his allopathic licenses.

Harvey Bigelsen stated that his experiences with allopathic boards have been less than satisfactory. He stated that he does not believe that any allopathic board will approve him for licensure.

Ned Reed stated that if the wording in NRS 630A.230(2)(c), "is licensed," is challenged, the matter will have to be resolved by a court and not by the board. If the applicant wants to take this issue to court, the homeopathic board needs to vote whether or not to issue Mr. Bigelsen an HMD license. If a vote is not taken, and Mr. Bigelsen proceeds with his application to become certified as an APH, the board must consider the applicant's felony conviction in an open public hearing.

Mary Marsh Linde's stated that this issue should go before the Supreme Court. She also believes that the board is requiring every HMD in Nevada to be licensed as allopathic as well as homeopathic physician.

Harvey Bigelsen said his experience of 30 years of medical practice, which includes homeopathy, qualifies him to be a homeopathic physician, and that he is overqualified to be an APH.

Fuller Royal express concern that the board and individual members of the board could be facing legal jeopardy if a malpractice suite were filed against Mr. Bigelsen, if the board were to issue Mr. Bigelsen a license after being advised against doing such by the board's legal counsel. The board would not have to hire a private attorney, and each board member would be required to obtain his or her own attorney.

Harvey Bigelsen said that he applied for homeopathic license and not an APH certificate based upon a phone conversation with Dr. Royal. According to Mr. Bigelsen, Dr. Eslinger has agreed to supervise him as an APH. However, he expressed his opinion that Dr. Eslinger has not practiced homeopathic medicine, and is not qualified to supervise him.

Mary Marsh Linde stated that she would prefer that the board get a copy of the indictment before a vote on the HMD license, and stated that she would like to have both the factual and the legal issues addressed at the same time. She stated that she could get the needed documents from Arizona quickly so that the board can make a determination on both issues and requested the board table both applications until the board has the information they need.

Diane Kennedy agreed that the issue of "is licensed" should be brought before a court of law. She also said that she has heard of areas in rural America that need physicians and mentioned that it may be easier for Harvey Bigelsen to get an allopathic license from one of these areas. Ms. Kennedy stated that Ned Reed will need all the legal documents involved with the case and then he can advise the board.

Ned Reed stated that there has to be a motion. If the board denies the HMD license based on the "is licensed" requirement that would give Dr. Bigelsen the opportunity to file a judicial review action in the district court and pursue it that way.

David Edwards asked Harvey Bigelsen if he was not granted a homeopathic license in the state of Nevada, if there were anywhere else he would attempt to go to be licensed. Dr. Edwards stated that if the board finds that the charges were only Medicare related that he would have a hard time finding "moral turpitude" in that.

Phillip Minton moved that the board request that Ned Reed obtain all legal documents pertaining to Dr. Bigelsen.
Second: Fuller Royal
Action: Passed unanimously

Motion: Phillip Minton moved to table action pertaining to Harvey Bigelsen's license and APH applications pending further review.
Second: Fuller Royal
Action: Passed unanimously

Ned Reed stated that if the board is to deny his APHM certificate, there would have to be an evidentiary hearing, and this may require a court reporter, although Harvey Bigelsen could waive his right to have a court reporter.

Mary Linde stated that the case can be sealed after 10 years and would show no felony conviction for Dr. Bigelsen.

5. Executive Director, Wendy Gallerani, informed the board that Bill Marr, APH, completed an emergency medical training course, as requested by the board.

6. Wendy Gallerani: No complaints have been received since its previous meeting and none registered are under investigation at this time. Board members were reminded to complete and file a financial disclosure form with the Ethics Commission by March 31, 2003.

7. Report of Secretary-Treasurer: The financial report was reviewed. No action.

8. Public Comment:

a) William Donalson APH stated that Dr. Graham Simpson would like to have his license reinstated.
b) Fuller Royal stated that the Nevada State Board of Medical Examiners will pass a temporary regulation in late April that will affect dual licensed physicians. The state association should be involved with this.

9. Lunch Break

10. Reconvened 1:30 pm

11. a) Dr. Fong passed the written examination. Wendy Gallerani stated Dr. Fong signed a form that waived the notice requirement by NRS 241.033.

Motion: Following a satisfactory interview by the board, Phillip Minton moved that Dr. Fong be granted a license to practice homeopathic medicine pending verification of Osteopathic license.
Second: Linda Read
Action: Approved unanimously

b) Imelda Millare failed the written examination. Wendy Gallerani stated that Ms. Millare signed a form that waived the notice requirement by NRS 241.033. She was told that she be re-examined at the next board meeting, August 23, 2003.

c) Dr. Kropp passed the written examination. Wendy Gallerani stated that Dr. Kropp signed a form that waived the notice requirement by NRS 241.033.

Motion: Following a satisfactory interview by the board, Phillip Minton moved that Dr. Kropp be granted a license to practice homeopathic medicine.
Second: David Edwards
Action: Approved unanimously

12. Meeting adjourned at 2:35 p.m. Next meeting: August 23, 2003.

Dated this ______ day of April, 2003 by:________________________________
F. Fuller Royal, Secretary-Treasurer

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©2003 Nevada State Board of Homeopathic Medical Examiners. All Rights Reserved.