Board Meeting
Nevada State Board of Homeopathic Medical Examiners
held at
Cohen, Johnson, Day, Jones & Royal
4475 S. Pecos Rd.
Las Vegas, NV 89121

September 13, 2003

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

Minutes

1. Board President Phillip Minton called the meeting to order at 10:30 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: Phillip Minton, Brent Hardy, Wendy Gallerani (Executive Director), Ned Reed (Deputy Attorney General), Linda Read, Dave Edwards, Daniel Royal, Fuller Royal.

Board Members Absent: Diane Kennedy

Visitors Present: Frank Shallenberger, MD, HMD, Maged H. Maged, Robert Field, APH, and Graham Simpson, MD.

3. Minutes of the July 19, 2003 meeting were reviewed. Legal counsel for the board,
Ned Reed, suggested the word, "temporary" on page 5, Agenda Item 17, be replaced with the word "renewal," and "pending a hearing" be removed, changing the minutes to read as follows:

"Ned Reed recommended that the secretary-treasurer of the board be permitted to grant a [temporary] renewal license [pending a hearing] if a licensee submits their renewal fee past the 60-day grace period."

Motion: Fuller Royal moved that the minutes of July 19, 2003 meeting be
approved as corrected according to language suggested by legal counsel.
Second: Dave Edwards
Action: Passed unanimously

4. Brent Hardy was welcomed as a new member of the board; filling the vacancy resulting from the completion of 12 years of continuous service to the board and the people of Nevada by Janie Greenspun-Gale.

Motion: Fuller Royal moved that the Secretary-Treasurer be allowed to present Janie Greenspun-Gale with a plaque recognizing and acknowledging her contribution and service to the people of Nevada and to the board.
Second: David Edwards
Action: Passed unanimously

5. A. APPLICANT
Graham Simpson, MD: Applicant for restoration of HMD license; the application was reviewed and found to be in order.

Motion: Following a satisfactory interview by the board, Fuller Royal moved that Graham Simpson be granted the restoration of his HMD license.
Second: David Edwards
Action: Passed unanimously

B. APPLICANT
Maged H. Maged, MD: Applicant for APH certificate; the application was reviewed and found to be in order.

Motion: Fuller Royal moved to allow Maged H. Maged to take the exam.
Second: David Edwards
Action: Passed unanimously

6. Closed Meeting 11:00 a.m.:
Motion: F. Fuller Royal moved to close the meeting to go into the scheduled hearing for LCB File No. R043-03 and LCB File No. R105-03.
Second: David Edwards
Action: Passed unanimously

7 Re-Opened Meeting 11:25 am.

8. Proposed regulation, File No. R105-03, pertaining to chapter NAC 630A.

Motion: David Edwards moved to accept all the suggested changes from the workshop with the exception of the "may" language that Ned Reed had concerns with. See attachment LCB File No. R105-03, the changes are in green coloring.
Second: Daniel Royal
Action: Passed unanimously

9. Board proposal to adopt LCB File No. R043-03 and make permanent the temporary regulation previously adopted by the board.

Motion: Fuller Royal moved to approve LCB File No. R043-03 in accordance with the discussion of the board. See attachment LCB File No. R043-03. No changes made.
Second: Linda Read
Action: Passed unanimously

10. Proposed Bill Draft Request (BDR) for the 2005 Legislative Session relating to additions, deletions, and new language in chapter 630A of NRS.

Motion: Fuller Royal moved to request a member of the legislature and the Legislative Counsel Bureau to assist the board in introducing the proposed bill draft, including the board's suggested changes, to the legislature for passage in 2005. See attachment NRS 630A, changes are in bold.
Second: David Edwards
Action: Passed unanimously

11. Board's discussion on formally requesting information from licensees in regards to life-threatening incidents that have occurred during their time of licensure, such as anaphylaxis, acute airway obstruction, seizures, etc. David Edwards stated that such information is necessary to assist the board in assessing means for protecting the public from harm while a patient is under the care of a licensee.
Motion: Fuller Royal moved that Dr. Edwards prepare a questionnaire to obtain vital information and statistics related to the practice of homeopathic medicine to be mailed to all licensees.
Second: Phillip Minton
Action: Passed unanimously

12. Board to formally request information from Nevada Hospitals as to hospital policies relating to the use of homeopathy and complementary and alternative therapies defined in chapter 630A of NRS, and whether or not NRS 630A licensees are granted full staff privileges; questions are to be designed to gain as much information as possible to determine the extent of the practices of licensees within the hospital community. Item tabled until the next meeting.

13. Board to formally request information from HMO's, PPO's, privately insured businesses (hotels, casinos, etc.) as to the number of NRS 630A licensees that are enrolled and the qualifications for being a provider. Item tabled until next meeting.

14. Informal request from members of the Chiropractic Physicians' Board of Nevada for a declaratory judgment and opinion from the homeopathic medical board: "Can Chiropractic physicians recommend homeopathic medicines to their patients that can be purchased in health food stores?" Subsection 1 of NAC 630A.040 states that requests for judgments and opinions from the board "may be filed by a holder of or an applicant for a license or permit to practice homeopathic medicine." It is not clear as to whether or not the board can issue a declaratory judgment to the chiropractic board. Therefore, it will be necessary for the Chiropractic Physicians' Board to request an Opinion on this matter to the Office of Attorney General.
The board did not receive an official communication from the Chiropractic Board; therefore no action was taken.

15. Establishment of legislative counsel to represent the board before the legislature to inform the board about legislative matters during interim between the 2003 and 2005 Legislative Sessions and during the 2005 Legislative Session.
Item tabled until the next meeting.

16. APPLICANT
Harvey Bigelsen, MD: Has been approved for certification to practice as an Advanced Practitioner of Homeopathy pending board approval of his protocol prepared by his supervising physician. The board has received a protocol. Dr. Bigelsen's attorney, Hal Taylor, joined the meeting by speakerphone and asked the board to accept the protocol.

Fuller Royal expressed his concern of the use of the wording, "not limited to", in Dr. Bigelsen's protocol. He explained that the protocol appears to allow Dr. Bigelsen to perform treatments and diagnostic procedures would not be approved by the board.

Hal Taylor stated that Dr. Bigelsen copied "word for word" the protocol that Dr. Royal had provided to Mr. Taylor, which was to be used as an outline by Dr. Bigelsen's supervising physician in preparing a protocol for Dr. Bigelsen.

Dr. Royal clarified that he did not provide a protocol to Dr. Bigelsen, but to Hal Taylor. He provided it as a guide, not to be copied word for word.

Hal Taylor asked that the board give Dr. Bigelsen some recommendations on what to include in his protocol, and requested that the board table this item until the next meeting.

David Edwards stated that he will work with Dr. Bigelsen and Hal Taylor on the protocol.

Motion: Fuller Royal moved to table this item until the next board meeting.
Second: David Edwards
Action: Passed unanimously

17. Executive Director's Report: Wendy Gallerani:

No complaints received since July 19, 2003; and no licensees, APH's, and HA's under investigation.

Wendy stated that NRS 218.825 was amended during the 2003 legislative session. Any board whose revenue is less than $50,000.00 per fiscal year is allowed to file a balance sheet rather than having an audit performed. This will save the board $1600.00 per year in audit fees. However, a new general liability insurance premium is now required annually by the by the Attorney General's Office. The fiscal year 2003 premium is $1024.59.

Next meeting date, January 24, 2003.

Motion: David Edwards moved to accept the Executive Director's report.
Second: Phillip Minton
Action: Passed unanimously

18. Report of Secretary-Treasurer: Fuller Royal - Financial Report '03: Budgeted Accum Profit is -$6893.00, and the actual is -$6217.00. Budgeted expenses for '03 are $15,388 and the actual through July '03 is $10,648.

Motion: Phillip Minton moved to accept Fuller Royal financial report.
Second: Daniel Royal
Action: Passed unanimously

19. Public Comment:

Dr. Dan Royal stated that he has been invited to join the Medical-Dental Screening Panel.

Robert Field had a conversation with Senator Townsend in regards to providing homeopathic remedy kits for inclusion with EMT medical supplies.

David Edwards advised the board that the state of Idaho has placed each licensee's CV on the board's website, showing any disciplinary action that the doctor may have had. He believes the homeopathic board should consider doing the same.

20. APPLICANT
Maged H. Maged, MD: passed the written examination.

Motion: Following a satisfactory interview by the board, Fuller Royal moved that Dr. Maged be granted a certificate as an Advanced Practitioner of Homeopathy pending the board's changes recommended in the protocol prepared by his supervisor, Dr. Frank Shallenberger.
Second: David Edwards
Action: Passed unanimously

Dr. Shallenberger agreed to the changes and will present the new protocol to the board office.

21. Motion: Linda Read moved to adjourn the meeting.
Second: Dan Royal
Action: Passed unanimously

Adjournment 2:40 pm

Dated this ______ day of October, 2003 by:________________________________
F. Fuller Royal, Secretary-Treasurer

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