Nevada State Board of Homeopathic Medical Examiners
held at
The Northwest Reno Library
2325 Robb Drive
Reno, NV 89523

July 19, 2003

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

Minutes

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

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

Board Members Absent: Phillip Minton, Janie Greenspun-Gale

Visitors Present: Harvey Bigelsen, Hal Taylor, Mary Marsh Linde, Dorea Henderson-Shoemaker, Greg Austin, Robert Payton Grogan II, Mara Gross, Josh Bigelsen, Judy Bigelsen, Jan Hunt, Kent Augason, Todd Bacon, Carol Frazier, Sally Harris, Hayle Aldren, Tim Fraser, Robert A. Eslinger, DO, HMD, Kenny McLoy, Barbara Herbert, Suzanne Armstrong, Judy Bigelsen, David Daniels, Adam Bigelsen, Tim Hoduren, Penny Marie McCoy, Tiffany Van der Stokker, and John Miyata.

3. Minutes of the May 13, 2003 Telephone Meeting:

Motion: Fuller Royal moved that the minutes of the May 13, 2003 Telephone
Meeting be approved.
Second: David Edwards
Action: Passed unanimously

4. Applicant Hearing: (A transcription of the hearing was recorded by Sunshine Reporting Services)

Harvey Bigelsen: The board conducted an evidentiary hearing on the applications of Harvey Bigelsen for licensure as a homeopathic physician or, alternatively, for certification as an Advanced Practitioner of homeopathic medicine. Attorney, Hal Taylor, presented a legal argument for certification as an APH. Harvey Bigelsen testified under oath, and answered questions from board members. Three witnesses, Dr. Tim Fraser, Robert Payton Grogan, and Penny Marie McCoy, also testified under oath in support of Harvey Bigelsen; Ms. Jan Hunt read some letters from people in support of Bigelsen; and Attorney, Mary Marsh Linde, presented a legal argument for licensure as a Homeopathic Physician.

A. Motion: David Edwards moved to deny Harvey Bigelsen a HMD license.
Second: Linda Read
Action: Passed unanimously

B. Motion: Fuller Royal moved to grant Harvey Bigelsen a APH certificate based upon the board=s approval of his protocol at a future meeting.
Second: Daniel Royal
Action: Passed unanimously

5. Possible board action pending a review of the proposed regulations of the Nevada Board of Medical Examiners:

Fuller Royal stated that the proposed regulations of the Nevada Board of Medical Examiners have been tabled by the allopathic board for further study.

6. Review of NRS 630Awith recommendations (See attachment #1):

Board reviewed chapter 630A of NRS and discussed needed changes, additions,
and deletions and new language in preparation for the 2005 Legislative Session. See changes on attachment #1

Motion: David Edwards moved to approve attached changes to NRS 630A for the 2005 Legislative Session.
Second: Fuller Royal
Action: Passed unanimously

7. Review of NAC 630Awith recommendations (See attachment #2):

Board reviewed chapter 630A of NAC and discussed needed changes, additions, deletions and new language. See changes on attachment #2

Motion: David Edwards moved to approve attached changes to NAC 630A.
Second: Fuller Royal
Action: Passed unanimously

8. Board inquiry of all licensee:

Board is considering a formal request for information from licensees in regards to life-threatening incidents that have occurred during their time of licensure, such as anaphylaxsis, acute airway obstruction, seizures, etc. This information will be catalogued and presented to the legislature with suggested remedies for protecting the public. Item tabled for discussion during a future board meeting.

9. Board inquiry of all Nevada Hospitals:

Board is considering a formal request for information from Nevada hospitals as to whether hospitals:

A. Allow full staff privileges for licensees under NRS 630A;
B. The practice of homeopathy as defined in subsection 1 of NRS 630A.040;
and
C. The practice of complementary alternative therapies in subsection 2 of
NRS 630A.040.

Questions need to be designed to gain as much information as possible in order to determine the extent of the practices of licensees. Item tabled for discussion during a future board meeting.

10. Board is considering a formal request for information from HMO=s, PPO=s, privately insured business (hotels, casinos, etc.) as to the qualifications for providing services and how many HMD=s, if any, are providers. Item tabled for discussion during a future board meeting.

11. Request for a declaratory order and advisory opinion: Does Insulin Potentiation Therapy (IPT) qualify as being a therapy regulated by the board in chapter 630A of NRS and NAC?

Motion: Fuller Royal moved to declare Insulin Potentiation Therapy (IPT) as being a therapy regulated by the board under NRS 630A.040 and NAC 630A.014.
Second: David Edwards
Action: Passed unanimously

12. Request for a declaratory order and advisory opinion: Are Resonant Frequency Generating Devices and their use in diagnosis and treatment regulated under NRS 630A.and NAC 630A?

David Edwards stated that Resonant Frequency Generating Devices and their use in diagnosis and treatment may only be used by licensees in active practice in Nevada. An APH must practice within the scope of his protocol, and cannot use these devices unless the protocol of the APH includes a statement approved by the board allowing such.

Motion: Fuller Royal moved that the board declares Resonant Frequency Generating Devices to be regulated by the board under NRS 630A.040.
Second: David Edwards
Action: Passed unanimously

13. Request by Robert Rowen to get the International College of Integrative Medicine, ICIM, added to the list of Board approved CME.

Motion: David Edwards moved to accept the ICIM to the list of Board approved CME.
Second: Fuller Royal
Action: Passed unanimously

14. Proposed NRS 630A change affecting the status and practice of Advanced Practitioner of Homeopathy:

A Bill Draft Request (BDR) before the 2005 Legislative Session would allow an A.P.H. to practice without supervision, provided that:

A. He has satisfactorily completed two years of supervision under a licensed homeopathic physician;
B. The supervising physician attests in writing that the advanced practitioner of homeopathy is qualified to practice safely without supervision; and
C. He satisfies all other requirements of the board.

Fuller Royal stated that the BDR would not allow an A.P.H. to practice independently without board approval and his license to practice would be limited to a protocol satisfactory to the board.

15. Report as to the status of the temporary regulation adopted by the Board:

A workshop and hearing in regards to the temporary regulation pertaining to cybermedicine must be scheduled, reviewed, and acted upon by the board prior to Sept. 15, 2003. The board will meet before that date and complete the requirement for making the regulation permanent.

16. Establishment and appointment of an individual to serve as legislative counsel to advise the board as to legislative matters. Item tabled for discussion during a future board meeting.

17. Consideration to allow the secretary-treasurer of the board permission to grant a temporary license pending a hearing if a licensee submits his renewal fee past the time allowed.

The board=s legal counsel, Ned Reed, recommended that the secretary-treasurer of the board be permitted to grant a renewal license if a licensee submits their renewal fee past the 60-day grace period.

Motion: David Edwards moved to allow the secretary-treasurer of the board permission to grant a renewal license if a licensee submits their renewal fee past the 60-day grace period.
Second: Dan Royal
Action: Passed unanimously

18. Hearing to review and discuss possible action against Dorea Shoemaker:

Dorea Shoemaker appeared before the board to answer questions about her use of diagnostic modalities and therapies that are regulated under Chapter 630A of NRS and Chapter 630A of NAC. Ms. Shoemaker was questioned as to her use of Meridian therapy to treat people at her office in Incline Village, Nevada. Fuller Royal advised her that she is not allowed to practice electrodiagnosis in Nevada unless licensed or certified, and recommended she discontinue her practice. Ms. Shoemaker was encouraged to apply for APH certification under supervision of a licensee. Ms. Shoemaker stated that she has received her EMT certification, will contact a licensee to develop a protocol and to serve as her supervisor, and will apply for APH certification. The board took no action against Ms. Shoemaker.

19. Executive Director=s Report:

A. Licensee change of address and home:

Wendy Gallerani asked for a policy from the board in regards to action to be taken when a licensee fails to notify the board of change of address of home or office in violation of NAC 630A.130. Discussion ensued among the board members.

Motion: Fuller Royal moved to have the board approve a new policy which states that as of October 1, 2003, there will be a $500.00 fine for failing to be in compliance with NAC 630A.130 Notification of change of address or home office.
Second: Dan Royal
Action: Passed unanimously

B. Complaints received since March 22, 2003:

No complaints have been received since the board=s previous meeting; and no
licensees or holders of certificates are currently under investigation.

C. Future board meeting dates:
Tentative future meeting dates: September 13th, 2003 and January 24th, 2004. The Executive Director will seek to obtain facilities for Video Conference of the September meeting.

20. Report of Secretary-Treasurer: Current status of the board=s finances were presented as an interim report. No action taken.

21. Public Comment: None

22. Motion: Dan Royal moved to adjourn the meeting.
Second: David Edwards
Action: Meeting adjourned at 5:52 p.m.

Dated this ______ day of August, 2003 by:________________________________
F. Fuller Royal, M.D., H.M.D
Secretary-Treasurer

Top

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