Board Meeting

Nevada State Board of Homeopathic Medical Examiners

At

Northwest Reno Library

2325 Robb Drive

Reno, NV 89523

July 24, 2004

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

Minutes

1. Daniel Royal called the meeting to order at 10:15 a.m. A quorum of the board was present (determined by roll call); visitors were welcomed, and asked to sign in and identify themselves.

2. Board Members and Staff Present: Daniel Royal, DO, HMD, Diane Kennedy, Fuller Royal, MD, HMD, Brent Hardy; David Edwards, MD, HMD; Phillip Minton, HMD; Ned Reed (Deputy Attorney General); Wendy Gallerani (Executive Director).

Board Member Absent: Linda Read

Visitors Present: Karl E. Epstein, MD, Roy D. Ozanne, MD, Renee C. Swain, RN, Victoria de los Santos, Milini L. Burt, Donna L. Davis, Leandra Even, ND, APH, Keith Marcher, Treva J. Heavne, and Bruce Fong, DO, HMD.

3. Diane Kennedy took Oath as Board Member .

4. Motion: Fuller Royal moved that the minutes of the January 24, 2004 board meeting be approved.

Second: Brent Hardy

Action: Passed unanimously

8. Senior Deputy Attorney General, Keith Marcher, spoke to the Board regarding a proposed bill draft to set up a Commission of Occupational Licensing. He stated that the Commissioner shall be appointed by the Governor and shall review all complaints related to a licensee or certificate holder of an occupational licensing board. The Commissioner shall employ investigators and other support staff and shall initiate an investigation if a preliminary review demonstrates a violation of a state licensing statute. Any settlement of the case must be approved by the pertinent occupational licensing board. If the case proceeds to hearing, it would be referred to the Attorney General's office for prosecution before the licensing board or a hearing officer. No action taken

5. A. APPLICANT

Karl E. Epstein, MD: Applicant for HMD license; the application was reviewed and found to be in order.

Motion: Fuller Royal moved to allow Karl E. Epstein, MD to take the Homeopathic Physician exam.

Second: David Edwards

Action: Passed with Phillip Minton opposing

B. APPLICANT

Roy D. Ozanne, MD: Applicant for HMD license; the application was reviewed and found to be in order.

Motion: Fuller Royal moved to allow Roy D. Ozanne, MD to take the Homeopathic Physician exam.

Second: David Edwards

Action: Passed with Phillip Minton opposing

C. APPLICANT

Renee C. Swain, RN: Applicant for APH certificate; the application was reviewed and found to be in order.

Motion: David Edwards moved to allow Renee C. Swain, RN to take the Advanced Practitioner exam.

Second: Brent Hardy

Action: Passed with Phillip Minton opposing

D. APPLICANT

Victoria de los Santos: Applicant for APH certificate; the application was reviewed and found to be in order, except for the protocol from the Supervising Physician is missing.

Motion: Fuller Royal moved to allow Victoria de los Santos to take the Advanced Practitioner exam.

Second: David Edwards

Action: Passed with Phillip Minton opposing

E. APPLICANT

Milini L. Burt: Applicant for HA certificate; application was reviewed and found not to be in order.

Motion: Brent Hardy moved to not allow Milini L. Burt to take the Homeopathic Assistant exam.

Second: Diane Kennedy

Action: Passed unanimously

F. APPLICANT

Donna L. Davis: Applicant for HA certificate; application was reviewed and found to be in order.

Motion: Fuller Royal moved to allow Donna L. Davis to take the Homeopathic Assistant exam.

Second: David Edwards

Action: Passed with Phillip Minton opposing

7. Leandra Even, ND, APH: requested protocol amendment.

Motion: David Edwards moved to allow the protocol amendment.

Second: Daniel Royal

Action: Passed unanimously

10. Harvey Bigelsen: The board did not receive from Harvey Bigelsen a signed waiver required for waiving the 21 day notice requirement that had been mailed to him. Therefore, the board could not discuss reviewing his status in regards to having a Supervising Physician. No protocol has been received. Representing herself as Harvey Bigelsen's attorney, Treva Heavne appeared before the board requesting some answers to questions Mr. Bigelsen. The board's legal counsel advised the board that the open meeting law would be violated if a discussion ensued relating to Harvey Bigelsen without the required signed waiver from Mr. Bigelsen. Treva Heavne presented the board with a hand written note stating that she had been retained by Harvey Bigelsen to represent him during the meeting. Mr. Bigelsen had signed a handwritten note to that effect, but the note was not notarized. Ned Reed had not been informed that Ms. Heavne was Harvey Bigelsen's legal counsel.

Motion: Fuller Royal moved that no action be taken.

Second: Phillip Minton

Action: Passed unanimously

9. Claire A. Riendeau: Request for acceptance of Naturopathic program as qualification for APH certificate. Ned Reed stated that this agenda item can only be discussed with the person being notified 21 days in advanced by certified mail or by signing the 21 day notice waiver form. Claire had not been notified 21 days in advance by certified mail, nor did the board have her sign a waiver. Therefore, the board could not discuss this agenda item.

11. An Electrodermal Analysis of Biological Conductance: The author of this book, Vincent J. Speckhart, MD, requested an opinion from the board in regards to this textbook. A discussion ensued as to whether or not the board should render opinions or endorse specific textbooks.

Motion: Brent Hardy moved that no action be taken.

Second: Daniel Royal

Action: Passed unanimously

12. Review of written exams for applicants applying for HMD, APH, and HA licensees and certificates. Phillip Minton stated that he had heard that the exams may have been compromised. He said that in 1999 or 2000 he was on a committee that converted the exams from a subjective to an objective written examination. The committee had produced four exams to be used for examining applicants for licensure and for certification. Phillip Minton was asked why he had not notified the board office prior to this meeting. Phillip Minton stated that he received information three weeks earlier. Phillip Minton asked the board to select one of the previously prepared exams, have the exam printed on portable printer he had brought to the meeting, and administer the exam to the applicants. Fuller Royal stated that not all of the exams had been continually revised. Some questions would be incorrect due to changes in chapter 630 of NRS and NAC. Wendy Gallerani stated that the study material provided applicants included a book reference list, a study guide, and a sample exam. Phillip Minton stated that he believed all of the applicants who took the exam on January 24, 2004 missed the same questions. Wendy Gallerani stated that the answer to one question had been graded incorrectly upon review of all of the test scores. Phillip Minton asked that the scores on the exams be reviewed and a report of the scores sent to Ned Reed. Phillip Minton suggested that the board form a committee to investigate this matter further.

Motion: Daniel Royal moved to form a committee contingent upon the outcome of Ned Reed's investigation.

Second: Phillip Minton

Action: Passed unanimously

13. Homeopathic Medical Examiners Practice Survey: The board had requested licensees to fill out a Practice Survey and return it to the board. Some of the licensees did not return the survey. NAC 630A.132 allows the board to fine those that failed to return the survey ($500.00 maximum). Information about the fine was stated on the survey information sheet. Daniel Royal suggested that licensees be advised via a certified letter that the fine will be forgiven, provided the survey is completed and returned in a timely manner.

Motion: Daniel Royal moved that the board send a second notice by certified mail to the licensees that did not respond to the practice survey, allowing them 30 days to respond. Otherwise they are to be fined a $500.00 in accordance with NRS 630A.480, NAC 630A.132 and NRS 630A.510.

Second: Phillip Minton

Discussion: Ned Reed agreed to prepare the letter to the licensees who did not respond.

Action: Passed unanimously

Motion: Daniel Royal moved that the surveys be reviewed by David Edwards and his finding reported to the board at the next board meeting.

Second: Brent Hardy

Action: Passed unanimously

13. David Edwards requested that the board place additional information about licensees on the website. Additional information would include disciplinary actions, malpractice settlements, number of malpractice suits, credentials and plaudits, such as board certified in chelation, metals toxicity, neural therapy, NAET, TFT, etc. In addition, list additional credentials; such as where licensed as MD, HMD, DO, etc., and any past actions reported by other boards.

No action taken.

14. David Edwards requests a mechanism to investigate all malpractice cases against the licensees to provide the 2005 legislature. Brent Hardy stated that it would enhance the board's credibility and be a great service to the public.

Motion: Phillip Minton moved that the board investigate the possibility of establishing a means for searching the web on the board's website capable of identifying malpractice cases greater than $50,000.00 against physicians.

Second: Daniel Royal

Action: Passed unanimously

15. Changes in NAC. See Agenda Item Supplement.

Motion: Fuller Royal moved to accept the proposed changes to chapter 630A of NAC amended.

Second: Phillip Minton

Discussion: Ned Reed stated that a workshop and hearing will need to be scheduled to make it a temporary regulation.

Action: Passed unanimously

Motion: Phillip Minton moved that the board notice a workshop to be conducted by David Edward, followed by a noticed board meeting to consider and adopt the proposed temporary regulation notice and hold the workshop.

Second: Daniel Royal

Action: Passed unanimously

16. Phillip Minton stated that he has noticed that the Complaint Investigative Committee usually doesn't know what to do and that it would be helpful to have consistent guidelines of six or eight things to do. Fuller Royal stated that those meetings are always attended by the board's legal counsel from the Office of Attorney General.

Motion: Brent Hardy moved that the legal counsel for the board prepare a guideline for the Investigative Committee that could become a regulation.

Second: Daniel Royal

Action: Passed unanimously

Motion: Phillip Minton moved that future Investigative Committee Meetings should be in person and telephone meetings should be banned.

Second: Diane Kennedy

Action: Passed unanimously

17. Discussion about the replacement of the Executive Director, Wendy Gallerani.

Motion: Brent Hardy moved that Daniel Royal be given authority to hire an Executive Director on a temporary basis.

Second: Phillip Minton

Action: Passed unanimously

18. Executive Director's Report: There have been no complaints received since January 24, 2004; and no licensees, APH's, or HA's are currently under investigation. Next board meeting will be January 22, 2005. Terms of office for Board members were reviewed. A thank you note from Janie Greenspun-Gale was read to the board.

19. Report of Secretary-Treasurer: See Agenda Item Supplement - An interim financial report was presented. A report was presented in regards to policy changes pertaining to the inspection and handling of homeopathic medicines by the Transportation Security Administration personnel at national and international airports.

20. A. APPLICANT for HMD License

Karl E. Epstein, MD: passed the written examination.

Motion: Following a satisfactory interview by the board, Diane Kennedy moved that Karl E. Epstein, MD be granted a license as a Homeopathic Physician.

Second: David Edwards

Action: Passed unanimously

•  APPLICANT for HMD License

Roy D. Ozanne, MD: passed the written examination.

Motion: Following a satisfactory interview by the board, Daniel Royal moved that Roy D. Ozanne, MD be granted a license as a Homeopathic Physician.

Second: Diane Kennedy

Action: Passed unanimously

C. APPLICANT for APH Certification

Renee C. Swain, RN: passed the written examination.

Motion: Following a satisfactory interview by the board, Daniel Royal moved that Renee C. Swain, RN be granted a certificate as an Advanced Practitioner of Homeopathy.

Second: Brent Hardy

Action: Passed unanimously

D. APPLICANT for APH Certification

Victoria de los Santos: passed the written examination.

Motion: Following a satisfactory interview by the board, Daniel Royal moved that Victoria de los Santos be granted a certificate as an Advanced Practitioner of Homeopathy pending the board receiving a protocol from her Supervising Physician and it being approved by David Edwards.

Second: Brent Hardy

Action: Passed unanimously

E. APPLICANT for HA Certification

Donna L. Davis: passed the written examination.

Motion: Following a satisfactory interview by the board, Daniel Royal moved that Donna Davis be granted a certificate as a Homeopathic Assistant.

Second: David Edwards

Action: Passed unanimously

21. Public Comment: Bruce Fong, DO, HMD stated that he plans to attend all board meetings and offered his assistance if needed by the board.

22. Adjournment 2:58 pm.

Dated this 11 th day of September, 2004

By: __________________________________________

F. Fuller Royal, Secretary-Treasurer

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©2004 Nevada State Board of Homeopathic Medical Examiners. All Rights Reserved.