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

December 14, 2002

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

Minutes

1. Board President Janie Greenspun-Gale called the meeting to order at 10:15 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, Wendy Gallerani (Executive
Director), Ned Reed (Deputy Attorney General), Daniel Royal, Fuller Royal, Diane Kennedy, Janie Greenspun-Gale.

Board Members Absent: David Edwards, Linda Read

Visitors Present: Mary Boetsch, Thomas Bradley, Louis Test, Cyrus Pourzan, Sean Devlin, Robert Eslinger, Mary Lou Heacock

3. Motion: Fuller Royal moved that the minutes of August 2002 meeting be
Approved
Second: Diane Kennedy
Action: Passed unanimously

4. Applicants for license/certification:

a) Applicant for HMD license, Sean Thomas Devlin, DO
The application was reviewed and found to be in order.

b) Applicant for HMD license, Cyrus Andris Pourzan, MD
The application was reviewed and found to be in order.

c) Applicant for HMD license, Robert Andrew Eslinger, DO
The application was reviewed and found to be in order.

Motion: Fuller Royal moved to allow the applicants to take the exam
Second: Phillip Minton
Action: Passed unanimously

d) Applicant for licensure, Pablito A. Bacalocos, M.D.
Dr. Bacalocos' application was found to be incomplete at the last board meeting, August 31, 2002. Fuller Royal stated that Dr. Bacalocos was advised by letter:

a. To supply the board with evidence that he has satisfied the 3 year postgraduate training requirement (NRS 630A.270(1)(c));
b. That 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. That 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. That the applicant must satisfy the board that he has completed the required six months postgraduate training in homeopathic medicine (NRS 630A.270(1)(d).

The Board has not received items (a) and (b) as of yet.

Motion: F. Fuller Royal moved to table Dr. Bacalocos' application until the board has everything in order.
Second: Phillip Minton
Action: Passed unanimously

5. a) Closed Session:
Motion: F. Fuller Royal moved to go into closed session for the discussion of multiple complaints, which have been filed against two licensed HMD's.
Second: Diane Kennedy
Action: Passed unanimously

b) Open Session: Phillip Minton recused himself from voting due to a financial relationship with one of the HMD's. Diane Kennedy recused herself from voting due to a conversation overheard by her in reference to one of the HMD's. Ned Reed advised the board that his father was the judge in a case involving one of the HMD's in question, Katrina Tang, and that Dr. Tang had agreed to his continuing as the board's legal counsel, waiving any potential conflict.

Motion: F Fuller Royal moved to accept the proposed settlement agreement for Katrina Tang.
Second: Daniel Royal
Action: Passed unanimously

Janie Greenspun-Gale re-emphasized that according to the agreement Dr. Tang will no longer accept new patients and that her old and existing patients will be notified of this action.

All parties signed agreement.

6. a) Closed Session:
Motion: Fuller Royal moved to go back into closed session for the discussion of the other HMD's complaint.
Second: Daniel Royal
Action: Passed unanimously

b) Open Session:
Motion: Fuller Royal moved to find the complaint against Dr. X to be frivolous, without merit, and to be dismissed.
Second: Daniel Royal
Action: Passed unanimously

Phillip Minton recused himself due to a financial relationship with Dr. X.

7. Louis Test asked to allow for public comment.

Mr. Test stated that he will work with the Attorney General in regards to Mr. Biegelson, and will inform him on the legislative history as it relates to Mr. Biegelson. The Attorney General has rendered an unfavorable opinion as to whether or not Mr. Biegelson may be considered for a license as an HMD. Mr. Test stated that Mr. Biegelson may desire to apply for certification as an APH. He informed the board that Mr. Biegelson is prepared to answer questions in regards to action taken by the Arizona State Board of Homeopathic Medical Examiners. Phillip Minton expressed concern as to issues relating to other states wherein Mr. Biegelson gave up his licenses to practice medicine, and expressed his concern for licensing Dr. Biegelson in Nevada. Phillip Minton requests to get all settlement statements from all of the states in which Dr. Biegelson gave up his licenses. Mr. Test stated that he would get those documents.

8. Phillip Minton stated that the board had a workshop and hearing in reference to the temporary regulation concerning the amendment of Chapter 630A of the Nevada Administrative Code: The proposed temporary regulation defines limitations of the practice of homeopathic medicine over the internet within the State of Nevada. In the workshop/hearing some modifications were suggested. The board reviewed the regulation as modified. The public was invited to comment. There were no further comments from the public.

Motion: Fuller Royal moved to accept the temporary regulation with the suggested modifications.
Second: Phillip Minton
Action: Passed Unanimously

9. Discussion: Ned Reed advised the members of the Complaint Committee to destroy any copies of complaints in their possession that pertain to the two licensees wherein the board rendered decisions during this meeting.

10. Fuller Royal stated that During the July 27, 2002 meeting, the Education Committee unanimously voted to recommend board approval of in-office training, courses, and workshops provided by licensed HMD's in good standing with the board when such training, courses, and workshops pertain to any of the therapies listed in NRS 630A.040. He suggested that the board add to the list of approved training, the American Academy of Anti-Aging Medicine (AAAM).
The organization provides meetings, training, and workshops that include homeopathy and therapies in NRS 630A.040.

Motion: Phillip Minton moved to accept the AAAM as approved for granting attendees credits for CME and postgraduate training.
Second: Fuller Royal
Action: Passed unanimously

Motion: Phillip Minton moved for the board to grant authority to all licensed Nevada HMD's to conduct CME activities for HMD, APH, HA, and for the HMD providing the CME services to certify as to the number of credits granted to each attendee attending courses, workshops, training.
Second: Fuller Royal
Action: Passed unanimously

11. The board currently has in place a policy requiring 400 hours of postgraduate training emphasizing classical homeopathy for the six months of postgraduate training in homeopathy. Fuller Royal stated that this policy is no longer consistent with Chapter 630A of NRS, nor with NAC 630A, and a new policy needs to be put into place. NAC 630A.072 pertaining to 6 months postgraduate training does not address the therapies in NRS 630A.040(2) and needs deletions/additions. Fuller Royal advised the board that the regulations pertaining to NAC 630A.072 need corrections and deletions.

Motion: Fuller Royal moved to rescind the previous policy pertaining to the six
months postgraduate training of applicants for licensure and certification, and that
the board adopt the following policy: An applicant who has devoted 50% or more of his practice to complementary therapies other than the classical homeopathy of micro-dose substances prescribed by the law of similars as defined in NRS 630A.040, shall submit evidence of a combined total of three hundred (300) hours of postgraduate training in one or more of the therapies listed in NRS 630A.040(2), and must also submit evidence of having received a minimum of 40 hours of formal training in classical homeopathic medicine as approved by the board.

Second: Daniel Royal
Action: Passed unanimously

12. The Holistic Health Practitioner Program was referred to the board for consideration of approval for attendance of courses in therapies regulated by the homeopathic board. Janie Greenspun-Gale asked to table this discussion until the board gets more information on the program. Phillip Minton stated his concern is that the students who go to this school will feel that they have been give the freedom to practice as a Holistic Practitioner, and stated that legislative action would be necessary. Janie Greenspun-Gale requested that Phillip Minton examine this issue and suggest possible board action during a future meeting.
No action taken at this time

13. Wendy Gallerani had the board review the current list of licensees and certificate holders. The board office has received no complaints since its previous meeting, August 31, 2002. The board members reviewed the terms of the board members. A new annual registration form for holders of certificates and licenses was viewed.

Motion: Fuller Royal moved to approve the new renewal registration forms for licensees and certificate holders.
Second: Phillip Minton
Action: Passed unanimously

14. Report of Secretary-Treasurer: Fuller Royal. The board viewed the financial report. No action was taken.

15. Election of officers of board: NAC 630A.025 will take place in January, 2003. Ned Reed stated that by law the election of officers has to take place in January.
A telephone meeting was schedule for January 7th, 2003 for the election of officers.

16. Discussion of board's website policies for items being placed on the site.
Wendy Gallerani is to get approval from Fuller Royal as to what information is placed on the website.

17. Appointment of new alternate member to complaint committee.

Motion: Fuller Royal moved to appoint Daniel Royal as the new alternate member to the complaint committee.
Second: Phillip Minton
Action: Passed unanimously

18. a) Dr. Devlin passed the written examination.

Motion: Following a satisfactory interview by the board, Phillip Minton moved that Dr. Devlin be grated a license to practice homeopathic medicine.
Second: Dan Royal
Action: Approved unanimously

b) Dr. Pourzan passed the written examination.

Motion: Following a satisfactory interview by the board, Fuller Royal moved that
Dr. Pourzan be granted a license to practice homeopathic medicine.
Second: Dan Royal
Action: Approved unanimously

c) Dr. Eslinger passed the written examination.

Motion: Following a satisfactory interview by the board, Fuller Royal moved that Dr. Eslinger be grated a license to practice homeopathic medicine.
Second: Dan Royal
Action: Approved unanimously

19. The Executive Director, Wendy Gallerani, distributed a handout of the proposed Board meeting dates for 2003: March 22nd, 2003, August 23rd, 2003 and November 8th, 2003. No Action Taken.

20. Meeting adjourned at 3:00 p.m. (Next meeting - phone): January 7, 2003 at 5:30 pm.

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

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