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Kenny C. Guinn, Governor |
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Frank Shallenberger, Member |
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STATE OF NEVADA Frank Shallenberger, Member March 31, 2001 at 9:00 A. M. Held at District Health Department Health Bldg. B 1001 E. Ninth Street Reno, Nevada 89520 • Call meeting to order: roll call, determination of a quorum. Janie Greenspun-Gale, President of the Board, called the meeting to order at 9:00 A.M. Members and Staff Present: Janie Greenspun-Gale, President, Diane Kennedy, Vice President, Fuller Royal, Secretary/Treasurer, Kelly Turner, Frank Shallenberger Terri Stucky, Executive Director Vice President, Robert Bryant, Deputy Attorney General Members of the board absent: Phil Minton, Dave Edwards 2. Welcome members of the Public: The following were present: Dr. Corazon Ibarra 3. Approval of minutes of January 10, 2001 meeting Motion : Frank Shallenberger motioned to approve minutes as corrected Second : Dr. Royal Action : Passed Unanimously 4. Applicants A. Medical and Osteopathic Physicians: Greg Fihn, D.O., and Hector Delos Santos, M.D., were introduced to the board. The Secretary-Treasurer and Executive Director stated that the applications were of these physicians were in order, and that both were eligible to take the examination. Motion : Dr Royal motioned to allow Dr. Fihn and Dr. Santos to take the examination for licensure Second: Dr. Shallenberger Action : Passed Unanimously B. Advanced Practitioners of Homeopathy : The applications of Robert Field, William Donalson, and Ferol Donalson were said to be in order by the Secretary-Treasurer and Executive Director Motion : Dr. Royal motioned to allow Mr. Donaldson and Mr. Field to take the examination for APH
Second: Dr Shallenberger Action : Passed Unanimously C. Homeopathic Assistant (HA): The application of Cheryl Nelson were said to be in order by the Secretary-Treasurer and Executive Director Motion : Dr. Royal motioned to allow Ms. Nelson to take the examination for homeopathic assistant. Second: Dr Shallenberger Action : Passed Unanimously 5. General Discussion A. Physicians Approved as Supervisors: Dr. Royal reminded the board that the following licensees had been approved to serve as supervisors during previous board meetings: Dr. David Edwards, Dr. Fuller Royal, and Dr. Cora Ibarra. Letters have been mailed to these licensees notifying them of their approval. The applications of Dr. Robert Milne, Dr. Katrina Tang, and Dr. James Forsythe were in order. Other licensees had submitted applications, but were too late to be Agendized. Motion: Dr Royal moved that Dr. Milne, Dr. Tang, and Dr. Forsythe be approved as supervisors. Seconded : Diane Kennedy Action: Motion Passed Unanimously B. Request for Change of Supervisor for Babette L. Clough: The protocol submitted by Dr. Daniel F. Royal and Advanced Practitioner Babette L. Clough was approved, with the protocol being amended as follows: Motion : Dr. Shallenberger moved that the protocol be amended to show that ěelectroacupunctureî and ětrigger point injectionsî can only be used as defined in NAC 630A.014(1)(b)(1) and NAC 630A.015, and does not include the definition of neural therapy under NAC 630A.014(1)(b)(2). Second: Diane Kennedy Action : Passed by all board members except Dr. Royal, who recused himself. C. Request for Change of Supervisor for Alan Paul Greenberg: The board reviewed the protocol submitted by Dr. Royal, HMD, and Alan P. Greenberg, APH. Motion: Dr. Shallenberger moved that the protocol and supervisory status be approved. Second: Kelly Turner Action: Passed by all board members except Dr. Royal, who recused himself. D. Allegations of an Unlicensed Homeopathic Practice by Susan Ellis, R.N.: Motion: Dr. Royal moved that the board discuss and take action without going into a closed session. Second: Dr. Shallenberger Action: Passed unanimously Discussion: Deputy Attorney General Bryant presented the findings of the Office of Attorney General to the board. The board concluded that Ms. Ellis had been practicing electrodiagnosis in violation of NRS 630A.600. However, if she is licensed as an R.N. in Nevada, her practice activities may be allowed under NRS 632. Motion: Dr. Royal moved that legal counsel inquire of the Nursing Board if Ms Ellis is licensed to practice as a nurse in Nevada, and, if so, whether or not the licensing board recognize her practice of electrodiagnosis. Additionally, Dr. Royal moved that if she is licensed but not approved to practice electrodiagnosis, or if she is not licensed under NRS 632, Mr. Bryant issue a cease and desist order through the Attorney General's Office. Second: Dr. Shallenberger Action: Passed unanimously E. Recommendation by Attorney General pursuant to NRS 630A.410(1) regarding complaint 02-99: Motion: Kelly Turner moved for the board to hear the complaint, findings, and recommendations before the public with Mr. Bryant using fictitious names. Second: Diane Kennedy Action: Passed; approved by Kelly Turner, Diane Kennedy, and Frank Shallenberger. Complaint committee members who investigated this complaint, Dr. Royal and Janie Gale, recused themselves. Discussion: Mr. Bryant presented the findings and his recommendations that the board agree to a stipulated settlement that had been reached with the licensee to resolve the complaint. The board also heard from the complainant, Annaleah Geraldine Martin, daughter of the deceased patient treated by the licensed physician. After considerable discussion, the board took the following action: Motion: Kelly Turner moved that the board accept the stipulated settlement agreement with Katrina Tang, HMD, whereas Dr. Tang agrees to accept a public reprimand as follows: • Dr. Tang is in violation of NRS 630A.350(4) for willfully representing that an incurable condition could be cured for purposes of obtaining compensation. The statement was made to a patient in a terminal condition; • Dr. Tang and/or staff under her control were not diligent in accurately reporting to patient when an oncologist would be available during a specific week for consultation. Dr. Tang therefore is in violation of NRS 630A.370(7) by a continued failure to act diligently; and • Dr. Tang improperly delegated authority to an individual not licensed to practice homeopathic or allopathic medicine. The unlicensed individual did not report critical changes in patient's condition to Dr. Tang or to another homeopathic or allopathic physician. Dr. Tang is therefore in violation of NRS 630A.360(6) for improper delegation of responsibility to an unlicensed individual. Dr. Tang is informed that future violations of the same or similar provisions of the Nevada Statutes or the Nevada Administrative Code may lead to more serious sanctions including suspension or revocation of her license. The Board notes in the matter of the stipulated settlement agreement that Katrina Tang, HMD, denied the allegations accepted by the board to be included in a public reprimand. However, Dr. Tang accepted the public reprimand to resolve the matter for settlement purposes. The board also notes that the public reprimand of Katrina Tang, HMD, and the stipulated settlement agreement with Dr. Tang, involve acts and allegations that occurred in June and July of 1993. (Added by the Board during the January 24, 2004 meeting) Second: Diane Kennedy Action: Passed; approved by Kelly Turner, Diane Kennedy. Frank Shallenberger voted not to approve the motion. F. Bill Drafts that may have an impact upon the practice of homeopathic medicine in Nevada: Mr. Bryant presented SB 420, SB 513, and SB 198, and requested that these bills be placed on the agenda for discussion during the next board meeting. No action was taken following his presentation and discussion of these bills currently before the legislature.Action: none G. Complaint Committee Procedures: The board heard a recommendation from Mr. Bryant that all complaints initially come to the Attorney General's Office for examination. After assessing the complaints, the Attorney General's Office will present its findings with recommendations for action to the Board's Complaint Committee. The Complaint Committee's would review the recommendations and complaint, and recommend board action. This should make the processing of complaints more efficient for the board. Motion: Dr. Royal moved that all complaints be forwarded to the Office of Attorney General for evaluation and investigation, and the Office of Attorney General present its findings to the Complaint Committee for consideration and action. Second: Diane Kennedy Action: Passed unanimously G. Nevada State Board of Homeopathic Medical Examiners Web Site ( www.nvbhme.com ): The web site is in the final stages of completion. The board reviewed the information and manner in which the site is set up. Motion: Dr. Royal moved that the board designate the Secretary-Treasurer as the board member responsible for monitoring and suggesting changes on the web site. Second: Diane Kennedy Action: Passed unanimously H. Financial Report: The financial report included a proposed budget for 2001. Motion: Dr. Shallenberger moved to accept the financial report and annual budget. Second: Diane Kennedy Action: Passed unanimously I. Legislative Report: Mr. James J. Jackson, Legislative Counsel for the board, reviewed the status of SB 506 and 515, which are before the Senate Commerce Committee. According to Mr. Jackson, the board of medical examiners has voiced strong opposition to any bill pertaining to the practice of homeopathic medicine during this legislative session. Dr. Royal supports Mr. Jackson's recommendation to withdraw these bills, but believes the medical board is demonstrating a lack of concern for protecting the public in their opposition to SB 515 Motion: Dr. Royal moved to request the removal of SB 506 and 515 from consideration before the Senate Commerce Committee. Second: Diane Kennedy Action: Passed unanimously M. Educational Review Committee Report: Dr. Minton assisted the Nevada Homeopathic and Integrative Medical Association in preparing a study guide for applicants for licensure/certification examination. Dr. Royal discussed Clayton College of Natural Medicine. Motion: Dr. Royal moved to add Clayton College of Natural Medicine as an acceptable source for training in herbal and homeopathic medicine. Second: Dr. Shallenberger Action: Passed unanimously N. Deputy Attorney General Comments: Mr. Bryant suggested that disciplining procedures for licensees and certificate holders be placed on the agenda for the next board meeting. The next board meeting should have on its agenda the interviewing of applicants (in closed session, if necessary) after completion of the examinations. Action: None O. Petitions From Dr. David Edwards for Advisory Opinions and Declaratory Judgements: Dr. Edwards filed five (5) petitions between March 15 th and 17 th . On March 30 th , the board received a fax letter from Dr. Edwards informing the board that he would not be in attendance at today's meeting, and requesting his petitions be withdrawn from consideration. Because the board's attorney, Mr. Bryant, had invested time in research, and considering the fact that the petitions may again be raised costing the board additional funds, the secretary-treasurer recommended the board respond to the petitions. Motion: Dr. Royal moved the board answer Dr. Edwards, providing opinions as requested. Second: Dr. Shallenberger Action: Passed unanimously 1. Petition for an Advisory Opinion and Declaratory Judgment regarding NRS 630A licensees practicing acupuncture. Advisory Opinion: A homeopathic physician may practice acupuncture within the scope of his license as approved by the board in accordance with the Nevada Revised Statutes and Nevada Administrative Codes under Chapter 630A. A licensee is restricted from the further practice of acupuncture unless he is licensed under another NRS 629 Healing Arts Chapter that permits such practice. Motion: Kelly Turner moved to accept the language of the Advisory Opinion. Second: Frank Shallenberger Action: Passed unanimously 2. Petition for an Advisory Opinion and Declaratory Judgment regarding the legality of trainees being supervised by an NRS 630A licensee with a restricted (NRS 630.310(c)) or limited license (NRS 630A.320). Advisory Opinion: A homeopathic physician may supervise trainees within the scope of his license as approved by the board in accordance with the Nevada Revised Statutes and Nevada Administrative Codes under Chapter 630A. Motion: Kelly Turner moved to accept the language of the Advisory Opinion. Second: Frank Shallenberger Action: Passed unanimously 3. Petition for an Advisory Opinion and Declaratory Judgment regarding the legality of treating cancer by an NRS 630A licensee who is not licensed under another NRS 629 Healing Arts Chapter. Advisory Opinion: A homeopathic physician may treat cancer within the scope of his license as approved by the board in accordance with the Nevada Revised Statutes and Nevada Administrative Codes under Chapter 630A. Motion: Kelly Turner moved to accept the language of the Advisory Opinion. Second: Frank Shallenberger Action: Passed unanimously 4. Petition for an Advisory Opinion and Declaratory Judgment regarding the legality pertaining to an NRS 630A licensee=s use of CPT (Current Procedural Terminology) and ICD-9 (International Classification of Disease) codes for insurance/billing purposes, when the licensee is not licensed under another NRS 629 Healing Arts Chapter. Advisory Opinion: A homeopathic physician may use CPT and ICD-9 Codes as a physician under NRS 629.031 so long as the form clearly identifies his license (HMD), and he is practicing within the scope of his license as approved by the board in accordance with the Nevada Revised Statutes and Nevada Administrative Codes under Chapter 630A. Motion: Kelly Turner moved to accept the language of the Advisory Opinion. Second: Frank Shallenberger Action: Passed unanimously 5. Petition for an Advisory Opinion and Declaratory Judgment regarding the legality that pertains to an NRS 630A licensee=s use of specific references to educational, training and/or postgraduate training credentials, degrees, certifications, etc. from institutions that do not offer academic credit, degrees, or any other form of official recognition of the practice of homeopathy as defined in NRS 630A.040, when the licensee is not licensed under another NRS 629 Healing Arts Chapter. Advisory Opinion: A homeopathic physician has no restrictions on training, and the board encourages full disclosure of all types of training he has received while practicing within the scope of his license as approved by the board in accordance with the Nevada Revised Statutes and Nevada Administrative Codes under Chapter 630A. Motion: Kelly Turner moved to accept the language of the Advisory Opinion. Second: Frank Shallenberger Action: Passed unanimously P. Executive Director's Report: Terri Stucky suggested the board hire a secretary to handle much of the daily activities at the board office. She then described to the board her duties and work as Executive Director. Action: none Q. Report of the Secretary-Treasurer: In a March 1, 2001, letter, Dr. Edwards requested the board require the Secretary-Treasurer to provide pertinent NRS/NAC chapters in addition to NRS and NAC under Chapter 630A, such as NRS/NAC 000, 453, 454, 585, 639, etc., for board member reference. Discussion: Board members, and the general public, now have access to Nevada Revised Statutes and Nevada Administrative Codes by logging on to the board's web site, www.nvbhme.com . Dr. Edwards is encouraged to use the world wide web. Action: none In a March 1, 2001, letter, Dr. Edwards requested that the board adopt temporary regulations suspending and revising sections of the recently adopted LCB R058-00 regulations ěreplacing the Nevada Homeopathic and Integrative Medical Association with such nationally recognized alternative medicine education societies as the American College for Advancement in Medicine (ACAM), the Great Lakes College of Clinical Medicine (GLCM), or other such organizations recognized by the board for expertise in Integrative Medicine.î Discussion: This recommendation needs to be referred to the Education Review Committee for consideration. Action: none R. Election of Board Officers: Dr. Edwards resigned ěeffectively immediatelyî as Vice President on February 19, 2001. Motion: Dr. Royal nominated Diane Kennedy as Vice President Second: Dr. Shallenberger Action: The vote was unanimous in favor of the motion. Motion: Kelly Turner moved to sustain the current President and Secretary-Treasurer Second: Frank Shallenberger Action: The vote was unanimous in favor of the motion. S. Scheduling of Board Meeting Dates and Locations: Dr. Royal presented a schedule for board meetings and deadline dates prior to the administration of examinations during 2001. The dates are to be posted on the board's web site and are as follows: January 10, 2001 (telephone meeting) March 31, 2001 (deadline January 32, 2001) June 23, 2001 (deadline April 23, 2001) September 15, 2001 (deadline July 15, 2001) December 15, 2001 (deadline October 15, 2001) Written examinations will be administered on: March 31, 2001 June 23, 2001 September 15, 2001 December 15, 2001 Motion: Dr. Royal moved that the Board accept the schedule of meetings Second: Diane Kennedy Action: Passed unanimously T. Public Comment and Discussion: Comments were made in support of some licensed physicians and complaining about other licensees. The speaker was encouraged to file complaints with the board. U. Adjournment : 2:35 P.M. Motion : Janie Gale moved the meeting be adjourned Second : Dr. Royal Action : Passed unanimously Signed: __________________________________ April 1, 2001 F. Fuller Royal, Secretary-Treasurer Date
©2001 Nevada State Board of Homeopathic Medical Examiners. All Rights Reserved. |
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