Board Public Workshop
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 for the Public Workshop of the Proposed Regulation Amending Chapter 630A of NAC

1. Meeting called to order at 9:00 a.m. and roll call was taken.

2. Board Members and Staff Present: Phillip Minton, Wendy Gallerani (Executive
Director), Ned Reed (Deputy Attorney General), Daniel Royal, Fuller Royal

Board Members Absent: Diane Kennedy, Janie Greenspun-Gale, David Edwards and Linda Read

Visitors Present: None

3. The Board of Homeopathic Medical Examiners is proposing a new temporary regulation pertaining to the practice of Homeopathic Medicine over the internet.

Phillip Minton stated that the purpose of this new temporary regulation was designed to protect the public, by regulating the field of practicing Homeopathic Medicine to patients within the state of Nevada. The goal is to regulate the field without overburdening the physicians.

Phillip Minton read the entire temporary regulation concerning amendments to chapter 630A of NAC out loud.

Sec 7. 2. (a) Prescribe any controlled substance without first personally examining the patient and conducting appropriate testing.

Phillip Minton stated that the term, controlled substance, is defined in the statutes, but that Dr. Edwards was concerned that is isn't define here in the temporary regulation. Ned Reed stated that the term is defined in NRS 0.031 and that is sufficient. Phillip Minton agreed that he did not feel it needed to be defined here in the temporary regulation when it is defined in the Nevada Revised Statutes.

Sec 7. 2. (c) Provide any homeopathic service without obtaining, in accordance with all applicable federal and state laws, a reasonable homeopathic history of the patient, ensuring that the patient has had a physical examination, acceptable to the reasonable homeopathic physician in the community, within the proceeding 12-month period by a physician or homeopathic physician licensed within the United States or its territories.

Phillip Minton and Fuller Royal both agreed that they have a problem with this. Fuller Royal said that it is not uncommon to be talking to a patient on the phone and they start to tell you about their husband or their brother, and you recommend that they try something. He said that the physician is not going to see that person before they prescribe something, and that their not prescribing anything that will hurt them.

Phillip Minton stated that the reason Ned's predecessor thought it was important to include the term physical examination, was because all the conventional regulations do that, and under the conventional medical standards, that appears to make sense.

Phillip Minton suggested getting rid of everything after the word patient and then it would go right into (d), where it discusses the patient examination. Recommended changes as follows:
Sec 7. 2. (c) Provide any homeopathic service without obtaining, in accordance with all applicable federal and state laws, a reasonable homeopathic history of the patient.
Sec 7. 2. (d) Provide any homeopathic service to a patient without personally examining the patient if a homeopathic physician in the community would ordinarily personally examine the patient prior to providing the homeopathic service.

Fuller Royal, Phillip Minton and Ned Reed agreed that this was acceptable and could be
recommended to the board.

Sec. 8. An advanced practitioner of homeopathic medicine shall not engage in the
intrastate practice of homeopathic medicine using electronic means unless a written
protocol allowing such practice is approved by the Board pursuant to 630A.490 of the
Nevada Administrative Code. Any application for approval of a written protocol
involving the intrastate practice of homeopathic medicine shall, at a minimum,
incorporate all the requirements that apply to homeopathic physicians engaging in the
intrastate practice of homeopathic medicine using electronic means.

Phillip Minton stated that the APH's would have to add this to their protocol. Dr. Royal
felt that the APH should be held liable for this, but that it shouldn't be added to their
protocol. Phillip Minton felt that it helps define what they are allowed to do under the
supervising physician. He stated that there are different levels of APH's and he wants to
have some control over what they are allowed to do. He believes that the board can at
least make some rudimentary effort towards control, and that the supervising physician
may not be faulted as severely if something occurs.

Sec 9. 1. Ensure that the electronic transfer of information is secure and done in accordance with all applicable federal and state laws.

Daniel Royal stated that this regulation is too broad. He questioned how physicians are
suppose to ensure that the transfer is secure. Phillip Minton stated that we should just
insert the term, reasonably, before the word, ensure. To read as follows:
Sec. 9. 1. Reasonably ensure he electronic transfer of information is secure and done in
accordance with all applicable federal and state laws.

Ned Reed agreed to recommend this modification to the board.

4. There were no members of the public present and no further comments were forthcoming.

5. Meeting adjourned at 10:00 a.m.

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

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