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STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

Telephone Meeting Minutes
Meeting of the Homeopathic Medical Board

September 6, 2001 at 7:00 p. m.
at the following offices

Board Office
4975 S. Pecos Road - Las Vegas, NV 89121

Dr. Michael Gerber
3670 Grant Drive Ste 101 - Reno, NV 89509

. Call meeting to order: roll call, determination of a quorum
of the Board, meeting called to order at 7:00 P.M.

Members and Staff Present:
Las Vegas: Fuller Royal, Secretary/Treasurer, Kim Reese, Executive Director
Reno: Diane Kennedy,Vice President, Frank Shallenberger, Dave Edwards, Linda Read, Robert Bryant, Deputy Attorney General
Members of the board absent: Janie Greenspun-Gale, Phil Minton

Welcome members of the Public: James Jackson (Legislative Counsel for the board) arrived at the board office in Las Vegas while the meeting was in progress. The following were present in
Reno: Las Vegas:
Mary Marsh Linde James J. Jackson, Legal Counsel for NHIMA
Dr. Michael Gerber
Robert Bryant
Linda Read

2. General Discussion:The board reviewed and discussed the ProposedRegulation of the Board of Medical Examiners, LCB File No. R108-01. Section 1 has the terms, "Alternative," "Integrative," and "Complimentary medicine" in several places. These terms are not found in NRS 630 or in NAC 630, nor are the definitions clearly spelled out in the regulation. Do those definitions conform with authoritative texts or to the National Institute of Health’s definitions? Does the medical board mean "Allopathic alternative medicine," or "allopathic integrative medicine," or "allopathic complimentary medicine?" The discussion also included the board’s concern that this regulation overlaps NRS and NAC 630A.
Mr. James Jackson informed the board that he had recently discussed some of the concerns of the board members with Robert Barengo, legislative counsel for the medical board. However, Mr. Barengo had not read the regulation. Mr. Jackson was told that, according to Larry Leslie, executive director of the medical board, that, although the terms "alternative," "integrative" and "complimentary medicine" are in the proposed regulation, it is not the intent of the medical board to bring Homeopathy and the other disciplines excluded under 630A.040 under the medical board purview. Dave Edwards suggested a language change in the regulation that would gain the support of the homeopathic board.

Motion: Fuller Royal made a motion that a letter be sent by certified mail to the Medical Board, with a copy of the letter being sent to LCB by certified mail, clearly stating the reasons for the homeopathic board’s position in regards to the medical board’s regulation, R108-01, in its present language, with suggested changes showing that the regulation pertains to the allopathic practice of medicine. The suggested changes are as follows:

"We believe R108-01 as written will compromise public safety and welfare. In order to safely practice homeopathy and the therapies listed in NRS 630A.040, the statutes and regulations under chapter 630A specifically require additional education, training and ongoing continuing education. However, our intent is to work with the Board of Medical Examiners to resolve areas of disagreement. We are prepared to support the proposed regulation if the Board of Medical Examiners will consider the following language:

Section 1. Chapter 630 of NAC is hereby amended by adding thereto the following new sections to read as follows:

Integrative or Complementary ALLOPATHIC Medicine NOT REQUIRING ADDITIONAL LICENSURE UNDER ANOTHER CHAPTER OF THIS TITLE (54)

1. It is not grounds for disciplinary action if a licensee practices ALLOPATHIC medicine on the basis of employing a validated or nonvalidated health care method of integrative or complementary medicine unless it can be demonstrated that such method has a safety risk for the patient that is unreasonably greater than the conventional ALLOPATHIC treatment for the patient’s medical condition, or that is provided as a substitute for conventional ALLOPATHIC treatment that has proven substantial benefit AND DOES NOT REQUIRE AN ADDITIONAL LICENSE UNDER NRS TITLE 54.

2. A licensee shall not provide an invalidated health care method of integrative or complementary ALLOPATHIC medicine to a patient.

The remainder of this regulation would be more clear if the phrases "Conventional treatment," "Conventional medicine," "Licensed physicians," "medicine," and "expert clinical community," were changed to include the word "Allopathic" to read "Conventional allopathic medicine," "Conventional allopathic treatment," "Licensed Allopathic physicians," "Allopathic medicine," and "expert allopathic clinical community."
Second: Diane Kennedy
Action: Passed unanimously

Motion: Fuller Royal motioned the Board assign a member to be a liaison to the Oriental Medical Board to discuss common areas of concern and cooperation, and agreed to accept the assignment. Second: Frank Shallenberger
Action: Passed unanimously

Motion: Fuller Royal motioned that David Edwards, accompanied by Mr. Jackson and DGA Bob Bryant, present the homeopathic board’s concerns before the medical board during the October 11, 2001 medical board meeting in Reno Second: Frank Shallenberger Action: Passed unanimously

Motion: Fuller Royal motioned that Bob Bryant and board member David Edwards prepare a letter to the medical board stating the homeopathic board’s position in regards to R108-01. Second: Diane Kennedy
Action: Passed unanimously

Public Comment & Discussion (None)

ADJOURNMENT AT 9:00p.m

Signed: F. Fuller Royal, Secretary-Treasurer Date: September 11, 2001

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