STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
Board Meeting
Nevada State Board of Homeopathic Medical Examiners
To be held at
WASHOE COUNTY DISTRICT HEALTH DEPT
Health Bldg B
1001 E. Ninth St.
Reno, Nevada 89520
August 31, 2002
Board Members: Janie Greenspun-Gale, President; Diane Kennedy,
Vice President; Fuller Royal, MD, HMD, Secretary-Treasurer;
Stuart Currie, MD, HMD; Linda Read; David Edwards, MD, HMD;
Phillip Minton, HMD; Deputy Attorney General: Ned Reed; Executive
Director: Kimberly Reese
Minutes
1. Board President Janie Greenspun-Gale called the meeting to
order at 9:30 a.m., visitors were welcomed, asked to sign in
and identify themselves, and a roll call was taken to determine
a quorum.
2. Board Members and Staff Present: Philip Minton,
David Edwards, Linda Read,
Diane Kennedy, Janie Greenspun-Gale, Fuller Royal, Kim Reese
(Executive Director), Ned Reed (Deputy Attorney General), Bob
Bryant (Deputy Attorney general).
Board Members Absent: Stuart Currie
Visitors Present: Dr. Gerald Peterson, Connie
Peterson, Dr. David T. Holt, Dr.
Harvey Bigelsen, Dr. Pablito A. Bacalocos, Imelda G. Millare,
Jackie Vaughters, Latisha Bryant, Dr. Michael Gerber.
3. Motion: Fuller Royal moved that the minutes
of May 23, 2002 meeting be
approved
Second: Diane Kennedy
Action: Passed unanimously
4. Applicants for license/certification: Each applicant was
questioned separately by Board counsel pursuant to the requirements
of NRS 630A.246, and each applicant stated to the Board that
they were not subject to a court order for the support of a
child. Dr. Holt, the only applicant who was approved at the
meeting, signed the statement required pursuant to NRS 630A.246.
The other applicants will be provided with this form and must
submit it prior to the next meeting which considers their application.
A. Applicant for Advanced Practitioner of Homeopathic Medicine,
Bart Chapman, N.D., O.M.D.
The applicant has submitted a letter requesting withdrawal of
his application from consideration by the board and a refund
of monies paid. No action was taken by the board.
B. Applicant for licensure, David T. Holt, M.D.
Dr. Holt's application was reviewed and found to be in order.
Motion: David Edwards moved to allow Dr. Holt
to take the examination and to be interviewed by the board following
his completion of the test.
Second: Fuller Royal
Action: Passed unanimously
Motion: Following a satisfactory interview by
the board, David Edwards moved that Dr. Holt be granted a license
to practice homeopathic medicine.
Second: Phil Minton
Action: Approved unanimously
C. Applicant for licensure, Harvey Bigelsen, M.D.
Applicant was questioned by the board in regards to his lack
of a current allopathic or homeopathic license, having voluntarily
relinquished his licenses in the past. Also, Dr. Bigelsen was
questioned as to his past felony charges, probationary status,
and statement from the Arizona Board of Homeopathic Medical
Examiners that included a question about his "moral turpitude."
The Office of Attorney General will be asked to review his application,
the statutes pertaining to his possible licensure, and render
an opinion to the board as to whether the board can consider
him for licensure under NRS 630A (Letter written on 9-3-02).
A discussion ensued as to whether or not the board could permit
him to sit for the examination.
Motion: Fuller Royal moved that Dr. Bigelsen be
allowed to sit for the examination, with the understanding that
passing the exam did not obligate the board to render him a
license until the board was satisfied as to his competency and
legal status.
Second: David Edwards
Action: Passed unanimously
D. Applicant for licensure, Pablito A. Bacalocos,
M.D.
Dr. Bacalocos' application is incomplete. After review by the
board, Dr. Bacalocos was advised that:
a. he must supply the board with evidence that
he has satisfied the 3 year postgraduate training requirement
(NRS 630A.270(1)(c));
b. the board must receive verification that the applicant has
received the standard certificate of the Educational Commission
for Foreign Medical Graduates (ECFMG) (NRS 630A.270(1)(e)(f)
stating that he has passed the examination given by the Commission;
c. the board must receive affidavits from three physicians who
are currently in practice and who are personally acquainted
with the applicant (NAC 630A.050(1)(n)); and
d. the applicant must satisfy the board that he has completed
the required six months postgraduate training in homeopathic
medicine (NRS 630A.270(1)(d).
Motion: Phil Minton moved to allow Dr. Bacalocos
to take the written examination with the understanding that
the board cannot grant him a license until all of the above
requirements have been met and he has been interviewed by the
board.
Second: Linda Read
Action: Passed with David Edwards voting to oppose the motion.
Dr. Bacalocos passed the written examination.
E. Applicant for Homeopathic Assistant, Imelda
G. Millare.
Application was not in satisfactory order, according to David
Edwards who reviewed the documents. The information provided
by the licensee that trained Ms. Millare, Dr. Cora Ibarra, was
said to be inadequate. A question arose as to whether the board
had established a policy that licensees approved for supervisory
training were required to notify the board when beginning training
for a future applicant for licensure/certification. The October
2, 2001 minutes state that the board adopted the following motion
by unanimous vote:
L. Should the board pre-approve every person in
training under NAC 630A.425?
Motion: Diane Kennedy moved to send a letter informing all licensees
providing training for persons seeking licensure or certification
that the board must be notified of the name of each person under
supervision prior to beginning training. Such information must
be submitted to the Secretary-Treasurer. (underline added for
emphasis)
Although the board has received a letter from
the supervising physician, there is no statement that the applicant
has completed 160 hours of training (NAC 630A.320(4)), and the
supervisor has not attested in writing to the board that the
statement of training for the applicant is truthful and not
fraudulent (NAC 630A.425(3)). Discussion among board members
as to whether or not the applicant could be permitted to take
the examination. The applicant has had only 20 hours of the
required 40 hours training in homeopathic medicine (NAC 630A.320(3)).
Motion: Fuller Royal moved to allow the applicant
to take the examination with the understanding that the board
will not issue her a certificate if she passes the exam.
Second: Phil Minton
Action: passed with David Edwards voting against the motion.
The applicant failed the written exam. She was
advised that she may apply to re-take the exam 6 months (NRS
630A.260(1)) from today. Prior to the next examination, the
applicant will need to provide the board with proof of 40 hours
training in homeopathic medicine and 160 hours of supervised
training by a licensed HMD.
5. Complaints have been filed against 2 licensed
HMDs. The Office of the Attorney General has reviewed the complaints
and Deputies have met with attorneys representing the licensees.
A resolution is anticipated soon, at which time the legal counsel
will make its recommendation to the Complaint Committee and/or
to the general board. Therefore, this item is deferred for future
review, discussion and action by the board.
6. Education Committee board policy proposal:
Phil Minton reported on the
committee's recommendation to adopt a policy granting continuing
education credits for licensee/certificate holder attendance
at courses providing lectures and workshops for homeopathy or
any of the therapies (NRS 630A.040) by the following: the AMA,
American Institute of Homeopathy, American Osteopathic Association,
American Association of Oriental Medicine, Complementary and
Alternative Medicine, American Naturopathic Medical Association,
Othomolecular Medical Society, and American College for Advancement
in Medicine, and Courses in Thought Field Therapy. Representing
the Nevada Homeopathic and Integrative Medical Association,
President Michael Gerber registered opposition to the board
taking such action.
Motion: Phil Minton moved to approve the Education
Committee's recommendation.
Second: Fuller Royal
Action: passed unanimously
The board was reminded that the board adopted
a policy during its 12-15-01 board meeting that licensees and
certificate holders will be required at the time of annual registration
to submit a declaration to the board that the licensee/certificate
holder has satisfactorily completed the required 20 credits
of continuing education, and will provide the board with supporting
documentation when asked to do so. The board requested that
the Education Committee recommend a policy for the board to
adopt that will clarify how the board office should proceed
with random "spot checks" in compliance with the statutes
and regulations.
The board briefly discussed including certified
APHs for providing workshops and/or syllabuses to prepare and
present workshops and/or syllabuses for applicants preparing
for examinations. No action was taken.
7. Resonance School of Homeopathy: Robert Field, APH, requested
board approval of
homeopathic curriculum, workshops, instructors and instruction
materials for potential applicants applying for licensing as
HMD, APH, and HA in partial or complete satisfaction of the
requirements in NAC 630A.072(1), NAC 630A.320(3)(4), and NAC
630A.420(3). Dr. Gerald Peterson, having attended the Resonance
School of Homeopathy, presented materials about the course and
highly recommended board approval. David Edwards recommended
that the course seek approval of the Council for Homeopathic
Education (NAC 630A.072(1)) and/or NHIMA (NAC 630A.096(1)) approval
prior to the board taking any action.
Motion: Phil Minton moved to approve this course
as partial or complete fulfillment
for postgraduate training requirements.
Second: Fuller Royal
Action: passed with David Edwards voting to oppose.
8. Should the board modify the open-book examinations, recommending
one or two texts for applicants to use as reference sources
pertaining to homeopathy and the therapies in NRS 630A.040(2)?
Motion: Minton moved to add Murphy's Homeopathic Repertory and
Boericke's Materia Medica with Repertory as recommended homeopathic
texts for applicants.
Second: Fuller Royal
Action: passed unanimously
9. Phil Minton of the Cybermedicine Committee
presented the board with a proposed
regulation pertaining to cybermedicine that was prepared by
the committee in cooperation with the board's legal counsel.
Motion: David Edwards moved to approve a regulation
pertaining to cybermedicine.
Second: Phil Minton
Action: passed unanimously
10. Dr. Michael Gerber stated that he had requested
information from the Nevada School
of Medicine for assistance in providing attendees of the NHIMA
Annual Meeting with materials or instructors regarding the subject
of Ethical Guidelines for Marketing and Advertising. However,
the medical school has failed to respond to his request.
Motion: Phil Minton moved to encourage NHIMA to continue to
seek a speaker on the subject of Ethical Guidelines for Marketing
and Advertising.
Second: Fuller Royal
Action: passed unanimously
11. The Nevada State Board of Medical Examiners
has recommended allocation of state
funds for medical liability insurance for the University Of
Nevada School Of Medicine.
After discussion, although board members do not believe it is
a good policy for the
State to use state tax revenues in this manner, no action was
taken.
12. Secretary-Treasurer reported that no furniture,
major purchases, or expenditures
had been made during the interim since the previous board meeting.
Fuller Royal left the room upon advice of counsel because the
proposal before the Board was to move the offices to offices
currently occupied and under the control of Dr. Royal. Counsel
advised the board that no contract could be entered into with
Dr. Royal to pay rent or provide other compensation to Dr. Royal
for the office space due to ethical requirements under the Nevada
Revised Statutes. President Greenspun-Gale noted that the resolution
did not require that a contract be entered into. Kim Reese submitted
her resignation as Executive Director, and stated that she felt
the move from the board's present office to 3663 Pecos McLeod
Int., Las Vegas, Nevada 89121, would be in the best interest
of the board. She also supported the Secretary-Treasurer's recommendation,
Wendy Gallerani, for her replacement as Executive Director.
Motion: David Edwards moved to accept the verbal
resignation of Kimberly Reese as Executive Director, to employ
Wendy Gallerani as the board's new Executive Director, and moved
to have the board office location changed from 4475 South Pecos
Road to 3663 Pecos McLeod Int. in Las Vegas.
Second: Phil Minton
Action: Passed with Fuller Royal abstaining.
13. Executive Director Kimberly Reese reported
on the current status of licensees, APH,
HA, and the number of complaints received since April 27, 2002.
There needs to be a
license application designed specifically for foreign licensed
physicians, and the
application needs to be added to the board's website.
14. Secretary-Treasurer Fuller Royal provided
the board members with an up-to-date
interim financial report.
15. Fuller Royal suggested that the board consider
moving the website provider from Reno to Las Vegas, or find
a means for updating and keeping the information on the website
accurate and current. Diane Kennedy will contact the representative
of Websetters.com, Troy Arnold, and assist the board in resolving
this matter. No action.
16. Public Comment:
Dr. Michael Gerber gave a brief report on the NHIMA convention,
which will be held at Lake Tahoe from September 5th through
8th.
17. Meeting adjourned at 2:48 p.m. (Next meeting:
December 14, 2002 (deadline for applications: October 14, 2002)
Dated this ______ day of September, 2002 by:________________________________
F. Fuller Royal, Secretary-Treasurer
