Clark County Medical Society

County Line

Newsletter LVIII     November 2004

 

Contents

Commentary: What’s in a Word?

California CME News: Pain Management and Care and Treatment of the Terminally Ill

Executive Secretary of Nevada Board of Medical Examiners Clarifies Statement Regarding Number of Practicing Physicians in Nevada

President’s Message

Membership Applicants

Informed Consent to Medical Treatment in Nevada

Malpractice Filings Against Health Care Providers, Jan 2001 - Sept 2004

Alliance Message

BioWatch

Minutes Synopsis

Classified Ads

CME Calendar

Clark County Health District Disease Statistics - September 2004

County Line Advertisers

 

 

Commentary: What’s in a Word?

By Donald C. Mohs, Jr. MD

            According to the American Heritage Dictionary of the English Language, the origin of the word “tort” derives from the Latin word tortum, the neuter past participle of torquere, meaning “to twist.” It appears today that America's personal injury (tort) attorneys are true to the origin of the term describing their chosen profession. Among the things they do best is to twist. In their rabid pursuit of money, they twist facts and they twist arms; they distort and they extort. Tortuous describes the logic they apply in establishing causality, hence liability. Being the object of their machinations is likened to torture. One local legal twister portrayed himself on television ads as a tornado, with dollar signs popping up everywhere that this whirlwind of civic retribution touched down. And thanks to him and his ilk, our justice system is now horribly contorted, whereas it was once straightforward and predictable.

            It is this last point, the lack of predictability of the justice system that is of the biggest concern. Supreme Court Justice Oliver Wendell Holmes, Jr. once defined law as “prophecies of what the courts will do.” Today, no one can predict what a court will do, writes lawyer and liability reform advocate Phillip K. Howard. Given the choice between two actions, if an individual can't tell the right action from the wrong one-the one that deserves legal merit, and the other that deserves legal punishment-then he is essentially damned either way. Physicians find themselves in this predicament constantly. They may strive, with all the expertise and all the conscientiousness they can muster, to do the right thing-only to be on the receiving end of a summons. 

            In fact, this situation exists not only with civil (tort) liability, but also with criminal liability. In the modern practice of medicine in America, doctors break laws daily, often obscure laws they don't even know exist. This occurs especially with those physicians that treat Medicare and Medicaid patients. Sometimes, in their efforts to adhere to one law, they may unwittingly break another, contradictory law. The problematic implementation of HIPAA rules and the persecution of narcotic-prescribing pain specialists are good examples. The sum total of all of this civil and criminal liability? Fear. Physicians fear, rather than respect, our justice system.

            It's a big problem when it is the good guys that are afraid of the law.

            Tort attorneys, those self-styled and self-appointed purveyors of "justice" for a price, take advantage of that fear. Because of the unpredictability of juries, they can wrench settlements from frightened physicians-or for that matter, from frightened citizens at large. When the law becomes a bludgeon, to be used against its citizens in favor of its participants, there is a crisis of massive proportions. It is a crisis that, if uncorrected, will grow, and change the American way of life forever. It threatens the very existence of our beloved democracy, establishing in essence, a jurocracy - a rule of lawyers.

            Of course, from those very lawyers, I must now expect a sharp … retort.

 

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Pain Management and Care and Treatment of the Terminally Ill

By Weldon (Don) Havins, MD, Esq.

            California Business and Professions Code 2190.5 mandates that California-licensed physicians complete, as a one-time requirement, 12 hours of Category I CME in "pain management" and "the appropriate care and treatment of the terminally ill" by December 31, 2006.  Only pathologists and radiologists are exempted from this requirement.  The 12 units of CME may be divided in any way that is relevant to the physician's specialty and practice setting, presumably at the licensee's discretion.  Any combination of CMEs in these two subject areas will be acceptable to the Medical Board of California (MBC), according to the MBC's website.

            Unlike the 4 hours Category I CME of Weapons of Mass Destruction required under A.B. 250 of the Nevada Legislature, the 12 hours of CME will count toward the 25 hours of annual approved continuing education required of each licensee by the MBC.  While many of appropriate CME courses are offered in California, such courses may be inconvenient for Nevada physicians with active California medical licenses. 

            The Clark County Medical Society, as a benefit of membership, now has available Category I CME courses in the subject areas in videotape format.  Any of the courses may be viewed at the CCMS office during normal working hours.  A short written multiple choice exam is completed after viewing the programs and is sent to the sponsor of the programs.  Costs for the programs are $10 per CME credit.  The completed exam will be mailed to the sponsor, along with the check for the appropriate number of CMEs.  The sponsor will grade the exam (70% is passing) and send the Category I CME certificate to the physician.

            The following courses (with cost and number of CME credit hours) are available in videotape format at CCMS:

            Advanced Care Planning, $20, 2 hours

            Communicating Bad News, $30, 3 hours

            Depression, Anxiety and Delirium, $20, 2 hours

            Elements and Models of End-of-Life Care, $10, 1 hour

            Gaps in End-of-Life Care, $10, 1 hour

            Last Hours of Living, $20, 2 hours

            Managing Physical Symptoms, $30, 3 hours

            Pain Management, Part I and Part II, $30, 3 hours

            Responding to Assisted Suicide Requests, $20, 2 hours

            Sudden Illness and Medical Futility, $30, 3 hours

            Withholding and Withdrawing Therapy, $20, 2 hours

 

            Please call Marlaina at the Clark County Medical Society, 739-9989, to reserve a time to view programs.  These programs are available as a membership benefit to CCMS members only.

 

 

 

Executive Secretary of Nevada Board of Medical Examiners Clarifies Statement Regarding Number of Practicing Physicians in Nevada

Reno, NV---The Executive Secretary of the Nevada State Board of Medical Examiners, Tony Clark, said today that he wanted to clarify his statement regarding the number of physicians applying for licenses in Nevada and how that information is being applied and distorted for political purposes. 

            "Much has been made about my statements regarding the number of physicians that have applied to be licensed in Nevada," said Clark.  "I would like to clarify that the number of physicians that are licensed in the State of Nevada is not an accurate indicator of how many doctors are actually currently practicing medicine in Nevada."

            "The State Board of Medical Examiners tracks the number of new and active licenses for medical doctors in the state of Nevada, however, it has no mechanism in place to determine how many of these doctors are currently practicing medicine, seeing patients, reducing the services they provide or leaving the state," said Clark. 

            Doctors who have an active license in Nevada are not necessarily practicing medicine nor do they necessarily reside in Nevada.  An example of this would be a doctor who lives and practices in California, may maintain an active Nevada license so that he is in full compliance should he be asked to review cases in Nevada within his specialty.

            "The small net gain of active licensees in state is significant when you consider the dramatic growth of our population," said Clark.  "Obviously it is something to look at when we were adding on average 136 new doctors, between 1987 and 2001, to the total number of active licensed doctors each year and then all of a sudden the numbers drop down to 23 in 2002 and 70 in 2003.  That is definitely an indicator that something is happening."

            The number of new licenses issued between 2001 and 2003 was 1,140, however, the total number of active licensees in the State of Nevada between 2001 and 2003 only grew by 321.   These numbers contribute to the reason why Nevada ranked 48th out of 50 states in 2003 on the national average for doctor to population ratio.

            "It was accurate to say that the number of medical doctors seeking a new license in Nevada has increased annually, but what is important to clarify is the fact that this number does not take into account the full picture.  The number of new licensees does not equate to that many more doctors actively licensed and practicing in the state and as one of the fastest growing states in the nation, Nevada is not gaining doctors quickly enough to keep up with the healthcare needs of its population.  That can be attributed to the number of doctors who are retiring, reducing the number of services they offer, not taking new patients, or simply leaving the state," said Clark.

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President’s Message

By Michael P Colletti, M.D., 2004-2005 CCMS President

We, as Americans, frequently become disillusioned with Government on the local, state and federal levels.  In many instances, we have come to view the Government as our enemy, instead of as our protector and servant.  In one of the wealthiest, best educated, countries in the world, with incredible natural resources, it is hard for one to imagine, at times, the choices we are forced to make regarding many of our elected and public officials.  At the same time, we realize the enormous problems and challenges facing the United States, in attempting to preserve our culture and natural heritage, move our country forward, and maintain and improve our stature in the world of nations.  It makes us appreciate the sacrifices and effort of those who came before us.

 

In our dealings with politicians, judges, appointed and elected officials, and others working in Government, we come to know, either personally or through their actions, individuals who we greatly admire.  Many of these people will not be intimidated and cannot be corrupted.  They are an inspiration to us and give us hope that, ultimately, our Government will make the best decisions for us and our children.  The Clark County Medical Society acknowledges that we have many excellent people in governmental positions in Clark County and in the state of Nevada.  Their service to our patients and protecting the healthcare of the people Clark County and all our State, does not go unrecognized or unappreciated.

 

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Applicants To Go Before Credentialing Committee

If you have any pertinent information about the following membership candidates, please contact: 

Clark County Medical Society, 2590 E. Russell Rd., Las Vegas, NV 89120

·        Michael P Donahue, DO, Orthopaedic Surgery

·        Craig A Hartman, DO, Ob-Gyn

·        Joseph J Heck, DO, Emergency Medicine

·        Robert P Kaplan, DO, Family Practice

·        Beata J Kwiatkowska, MD, Blood Banking/Pathology

·        Conrad O Yu, MD, Orthopaedic Surgery

·        Daniel H Zee, MD, Radiology

For information on becoming a member of the Clark County Medical Society, call Marlaina Burns at 739-9989

 

Reinstated Members

·        Arthur B Pitterman, MD, Internal Medicine

·        Richard M Groom, MD, Ob-Gyn

·        Noel S Yumiaco, MD, Pathology

·        John A Bowers, Jr, MD, Cardiology

·        Graham M Wilson, MD, Emergency Medicine

 

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Informed Consent to Medical Treatment in Nevada

By Weldon (Don) Havins, M.D., Esq.

 

Consent Generally

            Consent to treatment in Nevada can be expressed or implied. To be valid, the consent must be an informed consent. Nevada case law states that informed consent is a duty of the treating physician who must disclose that information which a reasonable practitioner in the same field of practice would disclose. 

            By statute consent for any medical or surgical procedure is implied if, in competent medical judgment, the proposed medical, surgical or dental procedure is reasonably necessary and any delay in performing such a procedure could reasonably be expected to result in death, disfigurement, impairment of faculties or serious bodily harm, and a person authorized to consent is not readily available." 1  

            Nevada's "Good Samaritan" statute 2 implies that lack of informed consent would not base a medical (M.D. or D.O.) or nursing negligence cause of action for gratuitous care rendered in an emergency outside a hospital on a patient with whom no preexisting professional relationship exists. A physician (M.D. or D.O.) or a licensed nurse, who renders emergency obstetrical care or assistance, gratuitously or for a fee, to a pregnant woman is not liable for any civil damages as a result of any act or omission in rendering that care or assistance if the physician or nurse has not previously provided prenatal or obstetrical care to the woman and the damages are reasonably related to primarily caused by a lack of prenatal care received by the woman. This immunity to liability for negligence presupposes that the woman has not received prenatal care. Further, the liability protection only applies if the injuries resulting related to that lack of prenatal care. Obstetricians and other medical professionals have expressed dismay with the practical lack of utility of this "Good Samaritan" provision. Nevertheless, it would appear rendering gratuitous care in an obstetrical emergency outside a hospital, including not obtaining a written informed consent, would be protected from a lawsuit for ordinary negligence.

 

Informed Consent

            In 1975, the legislature provided a statute (NRS 41A.110) defining when the consent of a patient was conclusively established. A physician licensed to practice under the provisions of NRS 630 (the medical practice act), or a dentist licensed to practice under NRS 631 (the dental practice act) has conclusively obtained the consent of a patient for a medical, surgical or dental procedure if he has done the following:

                        1.  Explained to the patient in general terms without specific details, the procedure to be undertaken;

                        2.  Explained to the patient alternative methods of treatment, if any, and their general nature;

                        3.  Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and

                        4.  Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.

            Some authorities consider this to be the most (? only) pro-health care provider statute in Nevada law.  Medical doctors and dentists 3 are not required to discuss or explain specific details of the procedure contemplated and are only required to explain the general nature of any alternative methods. Only the general nature of the risks of the procedure must be explained. The risks are not required to be enumerated or discussed in other than general terms. After explaining the procedure, its associated general risks, along with general alternatives, the physician or dentist must obtain the patient's signature to a statement containing such explanations. 

            Please note that the statute requires the medical doctor, or the dentist, personally to perform the explanations and obtain the patient's signature.  Utilizing a surrogate such as a nurse or medical secretary to obtain the written consent loses the substantial advantages provided in this statute. Why osteopathic physicians are not included in the benefits of this statute is as mysterious as why osteopathic physicians are excluded from the Weapons of Mass Destruction 4  (A.B. 250 of the 2003 Legislature) relicensure mandate burdening virtually all other health care practitioners.

            Some physicians and dentists begin their written informed consent with, "Pursuant to NRS 41A.100 …."  While this means nothing to the average patient, it signals to anyone reviewing these medical or dental records with a mindset seeking a basis of a professional negligence lawsuit that "lack of informed consent" is not likely going to be available. This presupposes, of course, that the informed consent complied with the statute. Prudent medical doctors and dentists will utilize the protections provided by NRS 41A.110.

 

Who May Consent?

            Emancipated minors

            Individuals who have reached the age of majority may consent.  Nevada law provides that all persons of the age of 18 who are under no legal disability, and all persons who have been declared emancipated are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age. 5  

            A minor may give consent for services for examination

and treatment for himself or for his child if he is:

            a. Living apart from his parents or legal guardian, with or without the consent of the parent, parents or legal guardian for at least 4 months;

            b. Married or has been married;

            c. A mother, or has borne a child; or

            d. In a physician's judgment, in danger of suffering a serious health hazard if the health care services are not provided. 6

Except for sterilization 7 and special rules governing Do Not Resuscitate orders 8, Nevada law provides that emancipated minors may consent for examination and treatment by a licensed physician or a hospital if the emancipated minor understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. 9  There is no minimal age for emancipation in the above circumstances.

            However, the treating professional, before initiating treatment, must make prudent and reasonable efforts to obtain consent of the minor to communicate with his parent, parents, or legal guardian, and shall make a note of those efforts in the medical record. If the treating professional believes that making such efforts to obtain the minor's consent to attempt to contact the parents or legal guardian would jeopardize treatment necessary to the minor's life or necessary to avoid a serious and immediate threat to the minor's health, the person may omit such efforts and note the reasons for the omission in the medical record. To be clear, Nevada law does not require that the parents or legal guardian be contacted; the law only requires that the treating professions ask the emancipated minor for consent to contact the parents or legal guardian, and then only if, in the judgment of the treating professional, such inquiry would not seriously jeopardize the care of the emancipated minor. Nevada law is clear that the medical record must reflect the efforts to obtain the minor's consent to contact parents or must reflect the reason for not requesting such permission from the minor. In general, the parents or legal guardian of the emancipated minor are not liable for payment of services for which they have not consented. 10

            A minor of at least 16 years of age may petition the juvenile court for a decree of emancipation.  If the judicial decree of emancipation is granted, the minor has all the rights of a person of majority. 11  The parental obligation of support is terminated by a decree of judicial emancipation. 12

 

            Non-emancipated minors

            In cases of emergency in which a minor is in need of immediate care, including hospitalization and/or surgery, after reasonable efforts have been made under the circumstances to contact the parents, consent for emergency medical care may be given by any person standing in loco parentis to the minor. In loco parentis means a person standing in the position of the parents. 13

            Any minor who is under the influence, or suspected of being under the influence, of a controlled substance may give consent, or if unable to give consent, shall be deemed to consent to medical care, including hospitalization if necessary, for the treatment of abuse of drugs or related illnesses. 14 Physicians and other treating personnel are immune from civil or criminal liability for providing such care, absent negligent diagnosis, care, or treatment. 15   While consent of parents or legal guardian is not required to authorize care, after treatment is completed any treating physician must make every reasonable effort to report the fact of treatment to the parents or legal guardian within a reasonable time. 16

            The consent of a parent or legal guardian is not necessary to examine or treat a minor who is suspected of being infected or is found to be infected with any sexually transmitted disease. There is no requirement to notify the parent or legal guardian then or later. 17

            Consent of a parent or legal guardian is not required to obtain contraception information, devices, or medications from federally-funded clinics. The Nevada Attorney General has opined that requiring parental consent is specifically prohibited when a minor requests contraception information and materials in a federally funded clinic.

 

            Abortion and the minor

            Unless in the judgment of the attending physician an abortion is immediately necessary to preserve the patient's life or health, a physician shall not perform or induce an abortion upon an unmarried and unemancipated woman under the age of 18 unless a custodial parent or guardian is personally notified before the abortion. If the custodial parent or guardian cannot be notified after a reasonable effort, the physician shall delay performing the abortion until he has notified the parent or guardian by certified mail at his last known address. If the minor is emancipated, the minor can consent. 18  The physician shall certify in writing the pregnant woman's marital status and age based upon proof of age offered by her.  This proof could be, presumably, by the verbal declaration of the patient. 19

            A judicial procedure for obtaining a district court's consent for the minor to undergo an abortion was held unconstitutional by the federal 9th Circuit Court because it does not require the district court to consider the best interests of the child as paramount. 20  It appears now that a district court may authorize a minor to have an abortion if an abortion is in the best interests of the minor, but not if "she is mature enough to make an intelligent and informed decision or if she is financially independent." 21  By Nevada statute, the district court must interview the minor within 2 judicial days after the request is made and issue an order within 1 day of the interview.  If the court does not issue an order within 1 day of the interview, the authorization shall be deemed to be granted. 22  The court is obligated to ensure that the interview and any other proceeding held are confidential, and the rules of civil procedure do not apply. 23

 

            Breast Implant

            A competent person of majority age may consent to breast implant, just as the person may consent to any surgical procedure. If the person is less than 18 years of age, the person must have the consent signed by the parent or legal guardian unless the minor is "legally emancipated." 24  This use of the term "legally emancipated" is ambiguous in that Nevada law elsewhere refers simply to an "emancipated" minor or to a minor who has been "declared emancipated" by a court decree. There has been no Nevada case law to elucidate whether "legally emancipated" is the equivalent of "emancipated" or whether "legally emancipated" means decreed emancipated by a court decree. Most authorities predict "legally emancipated" will be interpreted as the equivalent of "court decreed." Physicians not interested in being involved in the "test case" may choose to avoid breast implant procedures in persons of less than 18 years of age.

 

            Blood donation

            A person must be 17 years of age or older to donate blood without the consent of a parent. 25  This Nevada statute is an exception to the 18 years of age or emancipation requirement for consent to medical procedures. Blood donation entails testing for sexually transmitted diseases and hepatitis, among other tests. This statute, by implication, permits a 17 year old to consent to testing relating to blood donation.

 

            Treatment for communicable disease under authority of a district or state health officer

            A district or state health officer may order any person who he reasonably suspects has a communicable disease in an infectious state to submit to any medical examination or test which he believes is necessary to verify the presence of the disease. This includes minors. The health officer may order a quarantine or isolation of a person if he believes it necessary to protect the public health. 26  If the person objects to quarantine or isolation, the health officer may obtain a court order requiring involuntary submission to quarantine or isolation. 27  Tuberculosis patients may refuse treatment, but may be kept in involuntary isolation or quarantine unless released by court order.

 

            Consent for withdrawal of life support

            Nevada law provides forms that may be used to direct a physician to withhold or withdraw life sustaining treatment.  This declaration may be signed by a person of sound mind and 18 years of age or greater. A minor may not direct a physician to withhold or withdraw life sustaining treatment.28 Example declarations for this and if a person should wish to designate another person to decide to withhold or withdraw can be found on the CCMS website, www.clarkcountymedical.org.

            These declarations become operative when the person is in a terminal condition and no longer able to make decisions regarding administration of life sustaining treatment. The person may revoke a declaration at any time and in any manner without regard to his mental or physical condition by communication to an attending physician or other provider of health care. 29

            Artificial nutrition and hydration by way of the gastrointestinal tract is life sustaining treatment and may not be withheld unless a different desire is expressed in writing by the patient. For a patient without an effective declaration, artificial nutrition and hydration may not withheld unless authorized in writing by a family member with authority to consent or withhold consent. 30  If a patient is known to be pregnant, life sustaining treatment may not be withheld pursuant to a declaration so long as it is probable that the fetus will develop to the point of live birth with continued application of life sustaining treatment. 31

            If a written consent to withhold or withdraw life sustaining treatment, attested by two witnesses, is given to the attending physician, the attending physician may withhold or withdraw life sustaining treatment from a patient no longer able to make such decisions and who has no effective declaration. The authority to consent or to withhold consent to life sustaining treatment may be exercised by the following persons, in order of priority 32 :

            (a) The spouse of the patient;

            (b) An adult child of the patient or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

            (c) The parents of the patient;

            (d) An adult sibling of the patient or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or

            (e) The nearest other adult relative of the patient by blood or adoption who is reasonably available for consultation.

            It is a curiosity of Nevada law that a person must be 18 years of age to make a declaration involving end of life care decisions, but the minor spouse of that individual may be the sole authority to consent or to withhold life sustaining treatment. Thus, if both are minors, the minor spouse will have the authority to make the decision regarding life sustaining treatment.

            If one class of priority declines to decide, then the next class has the authority. If one class of priority votes in a tie, the next class may not decide. In that case, there may be no withdrawal of life sustaining treatment. The decision of the attending physician acting in good faith that a consent is valid or invalid is conclusive. 33

            Lastly, no hospital or other medical facility, physician or person working under the direction of a physician is subject to criminal or civil liability for failure to follow the directions of a patient to withhold or withdraw life sustaining treatments. 34

 

            Do Not Resuscitate Orders (DNRs)

            A DNR may be issued only by a physician licensed in this state on a qualified patient deemed to be in a terminal condition. 35  A terminal condition is one in which, without life sustaining treatment, the patient would die in a relatively short period of time. 36  DNR orders apply only to emergency medical services rendered to a qualified patient before he is admitted to a medical facility or while being transferred, or being prepared to be transferred, from one health care facility to another. 37  NRS 450B provides specific information for obtaining DNR status from the health authority (bracelet or medallion). 38

            DNR orders may be issued for a minor as well as an adult. The parent or legal guardian of the minor must sign the DNR authorization. However, the minor, if capable, must agree to the terms of the DNR, in writing, if the physician feels that the minor is of sufficient maturity to understand the nature and effect of withholding life sustaining treatment.  The minor may verbally revoke the DNR at any time by requesting his DNR identification be destroyed or removed.39

            A person who administers emergency medical services and who is unwilling or unable to comply with a DNR order shall take all reasonable measures to transfer a qualified patient with a DNR to a physician or health care facility where the DNR may be followed. Violation of this requirement is a criminal act, a misdemeanor. 40

 

Distinguishing DNRs from Advance Directive declarations from Durable Power of Attorney for Health Care Decisions

            A DNR applies to patients in a terminal condition ("qualified patient") and involves emergency medical services rendered before the patient reaches a medical facility, or during transfer from one health care facility to another. Advance directive declarations are generally obtained upon admission to a health care facility wherein the patient states his or her preference for continuing, withholding, or withdrawing life sustaining medical treatment. The patient can direct the physician to carry out the patient's wishes or can appoint another person to carry out the patient's wishes in a time of disability. If no advanced directive is effective, Nevada law provides for a priority of classes of individuals who may make life sustaining treatment decisions during the patient's disability in a terminal condition.

            A third category of surrogate decision-making involves a Durable Power of Attorney for Health Care. 41  The Durable Power of Attorney (DPA) for Health Care permit a person ("a principal") to designate an individual, and alternates, to make decision concerning health care for the principal who executive the power of attorney if that principal becomes incapable of giving informed consent concerning such decisions.  This DPA for HC is not restricted to life sustaining treatment decisions, but may grant the holder of the DPA a wide range of authority to act in the best interests of the principal in any circumstance where the principal is not capable of giving informed consent.

            A Durable Power of Attorney for Health Care Decisions must be notarized and witnessed, and be substantially in the following provided in NRS 449.830. An example of this form is available on the CCMS website, www.clarkcountymedical.org. The Nevada Revised Statutes are available online through the Legislative Counsel Bureau's website at: www.leg.state.nv.us  CCMS members wishing to implement a DPA for health care should be aware that free notary services are available at the Clark County Medical Society office, 2590 E. Russell Road, 89120, during normal working hours.

 

1   NRS 41A.120

2   NRS 41.505

3   Osteopathic physicians who are licensed under NRS 633 are not included in the provisions of this statute.

4    A.B. 250, passed in the last hours of the 2003 Legislative Session, mandated four hours of continuing medical education in weapons of mass destruction for virtually all licensed health care professionals.  Licensed osteopathic physicians were not included in the mandate.  By the terms of the mandate, this specific training must be completed before October 1, 2005 at the peril of loss of professional license.

5   NRS 129.010

6    NRS 129.030(1)

7    NRS 129.030(4) A minor may not consent to sterilization.

8    NRS 450B.525

9    NRS 129.030(2)

10   NRS 129.030(6)

11   NRS 129.080

12   NRS 129.120(4)

13   NRS 129.040

14   NRS 129.050(1)

15   NRS 129.050(2)

16   NRS 129.050(3)

17   NRS 129.060

18   NRS 442.255(1)

19   NRS 442.252

20   Glick v. McKay, 937 F.2d 434 (9th Cir. 1991).

21   See NRS 442.255(2)

22   NRS 442.255(3)

23   NRS 442.255(4).

24   NRS 449.740(1)(b)(2)

25   NRS 460.040

26   NRS 441A.160(5)

27   NRS 441A.160(4)

28   NRS 449.600

29   NRS 449.620

30   NRS 449.624(3)

31   NRS 449.624(4)

32   NRS 449.626

33   NRS 449.626(5)

34   NRS 449.640

35   NRS 450B.510

36   NRS 449.590

37   NRS 450B.480

38   NRS 450B.520

39   NRS 450B.525

40   NRS 450B.580

41   NRS 449.800, et.seq.

 

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Clark County District Court Medical Malpractice Filings Against Health Care Providers, Jan 2001 - Sept 2004

                        2001     2002    2003    2004

Jan                   39        33        108      61

Feb                  20        14        98        72

Mar                  35        30        169      123

Apr                  37        34        111      81

May                 37        35        126      65

Jun                   27        24        103      90

Jul                    19        100      114      45

Aug                  54        51        76        67

Sep                  20        65        105      79

Oct                  37        83        110

Nov                 38        184      59

Dec                  9          170      67

Sum                372      823      1246

 

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Alliance Message

By Marian Haas and Kathie Slaughter, 2004-2005 CCMS Alliance Co-Presidents

            November is here. Everyone needs to be sure to vote! The Alliance is meeting for the November Luncheon and Fall Bazaar on November 16th at 11:30 at Cili at the Bali Hai Golf Club, 5160 S Las Vegas Blvd. It looks to be a wonderful setting in which to shop and place orders for lovely items before the Holiday Season. We will also hear from our two charities that we will sponsor with our fundraisers, the CASA Foundation and Child Focus. These two charities both provide for the needs of foster children throughout the Las Vegas Valley by raising funds for scholarships and tutoring for education; funds for equipment, classes, and fees for sports; funds for instruments, materials and classes in art, and music; funds for glasses, braces, and equipment for health and vision needs; and events in which siblings can participate together for emotional health and stability. We are proud to offer our help to these much needed charities which provide for the often overlooked children in our community.

            Enclosed in this issue you will find a request letter for our Greeting Card Project. Please take a moment to read it and help us in our fundraising efforts. With your contribution we will be able to support CASA Foundation, Child Focus, and also our Nursing Scholarships. These scholarships are awarded to outstanding members of our three nursing programs at UNLV and CCSN. We hope to recognize their academic efforts and encourage these graduates to remain in the Las Vegas area and help with our continued shortage of nurses. The Greeting Card Project will compile the names of the donors into a greeting card which is sent out to all of the physicians in Clark County.

            The Alliance is continuing to organize our Fashion Show Fundraiser which will be held on March 15th at Neiman Marcus in the Fashion Show Mall. It will be a smaller but very elegant venue with lots of wonderful items on the silent auction. We are asking for members to step forward and chair organizational meetings for our new special interest groups. These groups allow members to meet in smaller groups centered on a common interest. These include Book Club, Mommy and Me Playgroup, Dinner Group, Cooking, Hiking, Scrapbooking, and many more.

            We are looking forward to seeing you at one of our events. If you wish to join us, please contact Wendy Agrawal at 228-6360, Swati Khamamkar at 242-8542, Marian Haas at 838-9840, or Kathie Slaughter at 878-4981. You may also get information from the Clark County Medical Society at 739-9989.

 

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BioWatch

By Donald S. Kwalick, MD, MPH, Chief Health Officer, Clark County Health District

            The Las Vegas Valley has been selected as a BioWatch site by the U.S. Department of Homeland Security (DHS). The BioWatch initiative was designed by DHS to establish and expand existing environmental air sampling resources to create an early warning system for the detection of biological agent releases. Early detection and response is crucial for saving lives and mitigating the consequences of a biological attack.

            The DHS BioWatch system can measure aerosol pathogens to detect both malicious and naturally occurring releases. This system could help us determine the presence and geographic extent of a biological agent release, allowing us to rapidly provide appropriate emergency response and medical care along with our Federal and State partners.

            The BioWatch system includes a team of field, laboratory and response personnel from city, county, state and Federal organizations.  This coordinated team is responsible for installing sample collectors, analyzing samples, reporting results and responding to alerts.  The samples pass through a multiple-tier test for biological agents, which to date, has produced zero false alarms in over a million tests.

            In the event of a positive detection by the BioWatch system, DHS can coordinate several Federal response assets to support the public health infrastructure of an impacted area.  While the local public health and medical community will be the first responder in the event of a biological attack, DHS is poised to quickly dispatch Federal response resources such as the:

·        Strategic National Stockpile, the nation's pharmaceutical reserve of millions of doses of life-saving and life-sustaining medicines to aid people exposed to natural or man-made biological or chemical threats, and the

·        National Disaster Medical System, comprised of teams of medical personnel designed to support local public health officials

            DHS operates BioWatch in partnership with other Federal agencies, each of which plays a crucial role:

·        The Centers for Disease Control and Prevention provides technical expertise through their Laboratory Response Network.

·        The Environmental Protection Agency serves as the liaison for field surveillance with state environmental departments.

·        National Laboratories such as Los Alamos and Lawrence Livermore provide technical expertise for biological sampling systems, training and analytical methods assistance to state and local agencies.

            This program is an important element of our preparedness effort and we look forward to working with our federal and local partners.

 

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Minutes Synopsis

CLARK COUNTY MEDICAL SOCIETY Executive Council MEETING

Tuesday, September 21, 2004; 6:00 P.M.

Minutes Synopsis

(Members can receive a full copy of meeting minutes by calling 739-9989.)

Compilation of Financial Statements Results

            Martha Ford, CPA from Piercy, Bowler, Taylor and Kerns reported on the procedures her firm recently completed. Ms. Ford stated the compilation of financial statements was consistent with last year and that the net assets increased again.

 

KODIN Update

            Dr. Rudy Manthei, Chairman of KODIN, reported Ballot Question 3 will be on the ballot despite efforts by the Trial Lawyers Association to have it removed.  Dr. Manthei stated Scott Craigie and Dr. Don Havins need to be congratulated for working with the Secretary of State on Saturday to re-write the question 3 explanation as ordered by the Nevada Supreme Court.  Dr. Manthei stated the fundraising was going well statewide but KODIN had not yet met their projected budget. 

            Dr. Colletti stated he spoke to Dr. James Tate who wants to establish a better working relationship with the Society and his group, the National Medical Association.  Drs. Evins and Kline both volunteered to attend their meeting representing CCMS.

            The minutes from the August Executive Council meeting were approved unanimously.

 

Financial Report

            Dr. Steinberg reported the revenue for the first two months of this fiscal year were up compared to last year at this time primarily because of dues and new members.  Expenses are also up.

 

Credentials Committee

            Dr. Cohler reported there were no new members to approve, but there were 3 reinstatements and one transfer from Washoe County.  All were approved for membership. 

 

Alliance Report

            The Alliance was unable to give specific feedback on how many offices were spot checked to determine if "yes on 3" kits were in the reception areas.  The Alliance presidents stated they will continue to talk to Alliance members and encourage them to check offices.

 

Membership Report

            Dr. Kline updated the Board regarding his ongoing talks with the hospitals about providing a $50 discount for staff membership renewals for CCMS members. 

 

Scholarship Fund Report

            Dr. Ellerton reported the Scholarship Fund Corporation did receive a substantial donation.  Dr. Ellerton stated he would like to have the donors at the Scholarship Fund meeting and when he has a confirmed date that works for them, he will contact Staff to set up a Scholarship Fund meeting with the Directors.

 

Health District Report

            Dr. Don Kwalick was unable to attend but sent a report on various issues involving the Clark County Health District.

 

AMA Report

            Dr. Evins reported the AMA gave NSMA a $100,000 grant which NSMA gave to KODIN.  The conditions were that NSMA had to change their billing statements.  NSMA also agreed to be involved in calling AMA non-members to solicit AMA membership.

 

NBME Report

            Dr. Montoya reported he had spoken to the NBME administrative staff regarding a quote in recent newspapers regarding the numbers of doctors in Nevada.  Dr. Montoya stated applicants have to appear before the malpractice review committee prior to licensure if they have malpractice suits of $500,000.  Dr. Montoya stated that even though over 300 licenses to practice medicine had been granted this year, there is not a surplus of physicians in Las Vegas, and there are still some underserved areas in rural Nevada.

 

Administrative Report

            Dr. Havins reported there are two new NBME Board members.  He reported the new NBME staff operates professionally and cordially, and that Dr. Montoya conducted the NBME meeting with admirable efficiently.   

            Dr. Havins reported the legislative initiatives which the NBME Board approved and plan to pursue at the next legislative session. 

            Upon inquiry by BOT members, Dr. Havins explained the subrogation clause in Question #3.

 

MedPac

            Dr. Steinberg reported remaining funds for the upcoming election and that a MedPac meeting was to occur after the Board meeting for consideration of MedPac Bylaws revisions.  

 

New Business

            Dr. Colletti announced the passing of Life Member Dr. Ralph Litton.

            Discussion ensued regarding Dr. Don Kwalick's request that the Board recommend to MedPac the endorsement of Dr. Joe Heck for State Senate District 5.

            The proposed revisions to the job description for the Public Relations Coordinator, with the addition of the duty of coordinating the mini-internship program's hospitals participation, passed unanimously.

 

HealthInsight's Requests

            Dr. Robert Shreck received approval from the Board for gratuitous physician mailing labels in order to send information regarding lead poisoning.

            Dr. Shreck presented information regarding the functions of Health Insight, Inc., and asked for a letter of recommendation in an effort to maintain the independence of the Quality Improvement Organization.  Dr. Shreck stated that the Center for Medicare and Medicaid Services is considering assuming the authority to engage sub-contractors, a function heretofore within the purview of the state's PROs.  Dr. Evins agreed to write the letter and present it to Dr. Colletti for modifications and approval. 

            Dr. Colletti received approval from the Board to use the CCMS Executive Council for action on matters deemed time sensitive.

 

Comm. Relations/ Comm. Health Committee

            Dr. Jameson reported her committee decided to change future Community Relations committee meetings to Wednesday evenings.  Her committee agreed they should be more active with the media, and they will be working on this at future meetings.  The Committee is expanding the number of invitees for the upcoming Mini-Internship in November to include the CEOs of gaming organizations and candidates running in the upcoming election.

 

            The next board meeting will be Tuesday, October 19, 2004 at 6 pm. 

            There being no further business, the meeting was adjourned by Dr. Colletti at 7:50 pm.

 

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Classifieds

·        GREEN VALLEY OFFICE SPACE AVAILABLE For Sublet: Green Valley Parkway, Full or Part-time, Monday through Saturday, 3 exam/treatment rooms (2 with sinks), physical therapy suite and x-ray available, Doctor’s office, large waiting room. Please call (702) 798-7171.

·        FOR SALE: 1.5 MILES FROM NEW SITE OF Valley Hospital, major corner Centennial Hills shopping center, zoned for medical clinic, existing structure approved. Ample parking. Owner financing. (702) 525-4668.

·        PHYSICIAN WANTED OBSTETRICS AND Gynecology: Immediate opening for the right person, partnership or employee whichever you prefer. Centrally located near UMC, Valley and Sunrise Hospitals. Office is fully equipped with the latest in equipment & experience and friendly staff. Contact Anthona at 471-0031.

·        GALLERIA URGENT CARE FOR SALE: Established practice in Green Valley. Turn key operation - X-Ray, ER, all equipment included. Unsurpassed business opportunity! Call Michael Schlaack, office 263-4555 or cell 429-2902.

·        OFFICE SPACE AVAILABLE FOR SUBLET: Monday, Wednesday Afternoon, and/or all day Friday, Saturday. Central location, Sunrise campus. Ideal but not limited to Primary Care Physician. 702-796-7000.

·        WANTED: WELL-ESTABLISHED, 6-YEAR-old medical practice seeking part time Nevada licensed Family Practice, General Practitioner (M.D. or D.O.), flexible scheduling, No HMO, competitive salary. E-mail your CV to PmsJim@msn.com or call (702) 326-3309 anytime.

·        ADVERTISE IN COUNTY LINE CCMS members get up to 3 free classified ads (up to 40 words) per year. For further information on rates, call Deborah at 739-9989.

 

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CME CALENDAR

Cardiovascular Consultants     691-9154

Clark County Medical Society     739-9989

HealthInsight    (801) 892-0155

MLAN  364-4962

·        11/6 - “Risk Management and Ethics,” 8 a.m., 3 CME hours (2 Ethics hours)

Pri-Med Institute   (877) 4PRI-MED

·        11/19-20 - “Pri-Med Updates,” up to 16.5 CME hours, FREE to CCMS members, for details or to register visit  www.pri-med.com/updates/lasvegas

St. Rose Hospital     616-5832

Southwest Medical Associates   242-7735

·        11/11 - “Osteoporosis Update,” 7:30 a.m., 1 CME hour

Sunrise Hospital     731-8210

UMC     383-2604

Valley Hospital     388-4847

·        11/9 - “Update on PET Scans,” noon

·        11/23 - “Atypical Anti-Psychotics,” noon

*Special Note:  CCMS members can receive free CME courses on the internet with World Medical Leaders.

To have your CME courses listed on our calendar, please contact Deborah Barton at 739-9989 prior to the deadline of the 12th each month.

 

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Clark County Health District Disease Statistics* - Sept 2004

DISEASE                       CASES REPORTED      YEAR TO DATE

                                       Sept 2003 Sept 2004  2003     2004

VACCINE PREVENTABLE DISEASES

DIPTHERIA                               0          0          0          0

HAEMOPHILUS INFLUENZA      0          0          8          6

(invasive)

HEPATITIS A                             4          0          13         6

HEPATITIS B                             5          2          50         41

INFLUENZA                               0          0          47         53

MEASLES                                0          0          0          0

MUMPS                                    0          0          2          0

PERTUSSIS                              1          0          15         4

POLIOMYELITIS                        0          0          0          0

RUBELLA                                 0          0          0          0

TETANUS                                 0          0          0          0

 

SEXUALLY TRANSMITTED DISEASES**

CHLAMYDIA                             615       444       3546     3790

GONORRHEA                           276       235       1438     1898

SYPHILIS                                  0          10         7          28

(Primary & Secondary)

SYPHILIS (Early Latent)             1          0          18         10

 

ENTERICS

AMEBIASIS                              0          1          12         10

BOTULISM-INTESTINAL             0          0          1          0

(INFANT)

CAMPYLOBACTERIOSIS           13         18         73         71

CHOLERA                                 0          0          0          0

CRYPTOSPORIDIOSIS              0          0          5          1

E. COLI O157:H7                       2          5          16         8

GIARDIASIS                              9          5          64         57

ROTAVIRUS                              5          10         403       430

SALMONELLOSIS                     16         13         88         79

SHIGELLOSIS                           19         12         43         30

TYPHOID FEVER                      0          0          0          1

VIBRIO                                     0          0          1          4

YERSINIOSIS                            0          0          0          0

 

OTHER

ANTHRAX                                 0          0          0          0

BOTULISM INTOXICATION         0          0          0          0

BRUCELLOSIS                          0          0          0          0

COCCIDIOIDOMYCOSIS            4          3          27         48

ENCEPHALITIS                         0          1          2          1

HANTAVIRUS                            0          0          0          0

HEMOLYTIC UREMIC                0          0          0          0

SYNDROME(HUS)

HEPATITIS C                             0          0          3          2

HEPATITIS D                             0          0          0          1

LEGIONELLOSIS                       1          0          4          6

LEPROSY                                 0          0          0          1

(HANSEN'S DIS1EASE)

LEPTOSPIROSIS                      0          0          0          1

LISTERIOSIS                             1          1          3          6

LYME DISEASE                        0          0          3          2

MALARIA