MINUTES
1. Call meeting to order; roll call, determination of a quorum
Fuller Royal, President of the Board, called the meeting to order at 10:00 a.m.
Members present:
Fuller Royal, M.D. - President
Gerald Peterson, D.O.
Janie Greenspun-Gale
Diane Kennedy.
The following individuals were also present:
Tina Leiss, Esq. - Deputy Attorney General
Elizabeth Nielsen - Executive Director
Members of the public present:
David Edwards, MD, HMD.
Cora Iberra, HMD
Doug Brodie, MD, HMD
Richard Legarza, Attorney, Nevada State Board of Medical Examiners
Ed Vogel, reporter, Las Vegas Review-Journal
Tiffany Vander Stokker, Executive Director, Nevada Homeopathic and Integrative Medical Association
Tim Frazer, DDS
Members of the board absent:
Terry Pfau, DO, HMD
Frank Shallenberger, MD, HMD.
Kelly Turner
GENERAL DISCUSSION:
A. Approval of minutes of April 29, 2000 meeting:
Motion: Janie Gale motioned to approve the minutes with minor changes.
Second: Diane Kennedy
Action: Passed unanimously.
B. Proposed changes to Chapter 630A of NRS: A proposed bill for the clarification of unlawful advertising of the practice of homeopathic medicine, defining the penalty for practicing such without a license or certificate was mailed to the Department of Administration for consideration on May 2, 2000.
C. Proposed changes to NAC 630A: The board discussed the comments received by letter from the Nevada State Medical Association, and from the public during the workshop, held at 9:30 a.m. Some of the objections raised in Mr. Matheis= letter had been previously heard during his appearance at the April 29, 2000, public workshop, and had been addressed in the May 18, 2000, revision of the regulations. President Royal informed the board that Mr. Matheis had been mailed a letter on May 1, 2000, requesting his participation in amending parts of LCB R058-00. No response was forthcoming from Mr. Matheis until his June 21, 2000, letter. Mr. Richard Legarza, representing the Nevada State Board of Medical Examiners, continued to voice the same objections he presented during the June 24th workshop. His comments were reviewed and discussed. In response to President Royal=s May 1, 2000, letter requesting the BME=s input, Mr. Legarza communicated with Tina Leiss, Deputy Attorney General and the board=s legal counsel. Mr. Legarza objected to the board=s use of the terms, Aalternative@ and Aintegrative@ medicine in the regulation. He also objected to the text used as a reference for Aintegrative and alternative therapies@ in subsection 2 of Section 9 (Alternative Medicine: The Definitive Guide). President Fuller Royal read a letter he had prepared as a response to letter received from Lawrence Matheis, Executive Director of the Nevada State Medical Association.
Motion: Gerald Peterson moved to accept and forward the letter prepared by President Royal as the homeopathic board=s official response to the Nevada State Medical Association.
Second: Janie Gale
Action: Passed unanimously.
PROPOSED CHANGES TO NRS 630A:
Proposed changes in the statutes, which would prohibit advertising the practice of homeopathy by unlicensed individuals, has been mailed to the Department of Administration for inclusion among bills recommended to the 2001 Legislature by the Office of the Governor.
PROPOSED CHANGES TO NAC 630A:
Discussion of Sections 1-8., along with a suggestion by Diane Kennedy regarding thank-you letters for the Medical Board and the Nevada State Medical Association since they offered their comments and opinions on regulation language.
Motion: Janie Gale motioned to adopt sections 1-8
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 9, specifically in regards to laws on adopting reference books. Discussion that the books recommended (Homeopathy: A Frontier in Medical Science and Alternative Medicine: The Definitive Guide) are located at the UNR Medical School Library.
Motion: Janie Gale motioned to adopt Section 9
Second: Gerald Peterson, MD
Action: Passed unanimously.
Discussion of subsection 1 of Section 10
Motion: Diane Kennedy motioned to adopt subsection 1 of Section 10
Second: Janie Gale
Action: Passed unanimously.
Discussion of subsection 2 of Section 10
Motion: Diane Kennedy motioned to adopt subsection 2 of Section 10
Second: Janie Gale
Action: Passed unanimously.
Discussion of subsection 3 of Section 10
Motion: Janie Gale motioned to adopt subsection 2 of Section 10
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 11
Motion: Janie Gale motioned to adopt Section 11
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 12, including the decision to remove the terms RN, MD and DO from subsection 2.
Motion: Gerald Peterson, MD motioned to adopt Section 12 with the removal of the terms RN, MD and DO from subsection 2.
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 13.
Motion: Gerald Peterson, MD motioned to adopt Section 13
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 14.
Motion: Janie Gale motioned to adopt Section 14
Second: Diane Kennedy
Action: Passed unanimously
Discussion of Section 15.
Motion: Janie Gale motioned to adopt Section 15
Second: Diane Kennedy.
Action: Passed unanimously.
Discussion of Section 16.
Motion: Gerald Peterson moved to adopt Section 16
Second: Diane Kennedy
Action: Passed unanimously
Discussion of Section 17.
Motion: Gerald Peterson moved to adopt Section 17 with the omission of subsection 4 of Section 17.
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Sections 18 and 19.
Motion: Janie Gale motioned to adopt Section 18 and 19
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 20.
Motion: Janie Gale motioned to adopt Section 20
Second: Diane Kennedy
Action: Passed unanimously.
Discussion of Section 21
Motion: Janie Gale motioned to adopt Section 9
Second: Gerald Peterson
Action: Passed unanimously.
Discussion of Section 22
Motion: Diane Kennedy motioned to adopt Section 22
Second: Janie Gale
Action: Passed unanimously.
Discussion of Section 23.
Motion: Janie Gale motioned to adopt Section 23
Second: Gerald Peterson
Action: Passed unanimously.
Discussion of Section 24 regarding repealed sections.
Motion: Diane Kennedy motioned to adopt Section 24
Second: Gerald Peterson
Action: Passed unanimously.
REPORT FROM THE NHIMA:
Tiffany Vander Stokker, Executive Director of the NHIMA, interacted with the board members in discussing the relationship the association with have with the board after the regulations are enacted.
GRANDFATHERING IN CURRENT HOMEOPATHIC ASSISTANTS AS NOTED IN SEPTEMBER 1997 MINUTES.
The issue of grandfathering in of homeopathic assistants was discussed during the September 13, 1997, board meeting, but no action was taken.. The board=s legal counsel, Tina Leiss, advised the board that the regulations were enacted on October 25, 1996. Therefore, those assistants working prior to October 25, 1996, are the only assistants eligible to be grandfathered in. All other assistants will have to comply with the regulation requirements. The criteria and requirements assistants who will be grandfathered in were discussed. In addition, a deadline must be set and licensees notified of the necessity to comply with the regulation. The board will need to provide dates for examining applicants not being grandfathered in during the months of October, November and December. The NHIMA will offer a course for the applicants to assist in their preparations to sit for the examination. Videotapes for instruction will also be available. David Edwards, MD, Royal Fuller, MD and Gerald Peterson, DO, will prepare a definition of Ahomeopathic services,@ clarifying what it means to be a homeopathic assistant. Temporary regulations will be put into place to finalize the issue.
Motion: Janie Gale motioned to approve grandfathering in all homeopathic assistants who were employed prior to October 25, 1996, with each applicant completing the necessary forms, which will include a letter from the supervising physician stating that the assistant has been adequately trained by him, and to notify all physicians to comply with the regulations pertaining to homeopathic assistants or be in violation and face possible disciplinary action after December 31, 2000.
Second: Gerald Peterson, MD
Action: Passed unanimously.
REPORT FROM PUBLIC RELATIONS CHAIRMAN AND COMMITTEE FOR INTERACTION WITH VARIOUS SCHOOLS, OTHER BOARDS, LEGISLATURE, HOSPITALS, OTHER STATES, ESTABLISHMENT OF QUARTERLY NEWSLETTER, ETC.
Diane Kennedy reported on current efforts being made, which include a person to for possible pro bono publicity work.
ESTABLISHING A LIAISON COMMITTEE TO MEET WITH THE ORIENTAL BOARD.
Fuller Royal, MD, appointed himself to establish a liaison with the oriental board.
FOLLOW UP ON NEVADA BELL=S ACONSUMER AFFAIRS AGENCY PAGE@ AND THE LISTING OF THE BOARD PHONE NUMBER.
Beth Nielsen reported that all efforts to find out how to become part of the page have failed so far but she will continue to investigate the process.
NRS BILL DRAFT FOR UNLAWFUL ADVERTISING BY NON-LICENSED, NON-CERTIFIED PERSONS.
A bill draft has been created and forwarded to the Nevada Department of Administration for action.
EXECUTIVE DIRECTOR=S REPORT.
Board member, Terry Pfau, DO, serving as vice president of the board, has resigned. The board will need to elect a member to replace him as vice president at the next meeting. Diane Kennedy requested that an official employee manual and a policy manual be created
SCHEDULING OF BOARD MEETING DATES AND LOCATIONS.
The next meeting will take place at the Enterprise Library in Las Vegas on October 7. 2000.
Public Comment:
There was no public comment.
ADJOURNMENT
Motion: Diane Kennedy motioned to adjourn the meeting.
Second: Janie Gale
Action: Passed unanimously
