Newsletter 65 June 2005
Malpractice Filings Against Health Care Providers, Jan 2001 – Apr 2005
The Criminal Background Check Bill
Update
Emergency Medical Services and
Trauma System Development Update
Final Message from the Alliance
Co-Presidents
Clark County Health District
Disease Statistics – April 2005
County Line Advertisers
By Warren Evins, MD, PhD
2005-06 NSMA President
It is with great humility that I assume the office of President of the Nevada State Medical Association. I have been an active member of NSMA for over 22 years. During this time, I have known many distinguished physicians who competently served as NSMA President, especially Drs. Mike Fischer and John Williamson, our last two Presidents.
Tonight is the start of the Jewish Holiday of Passover. The first Seder takes place in many homes tonight. A number of my friends, family, and colleagues have been unable to attend this Annual Meeting and Banquet due to this conflict. Their absence is missed.
NSMA and its County affiliates continue to hold a respected and important position in national, state, county and local medicine and health care politics. Our three major state legislative lobbyists: Larry Matheis-Executive Director, Scott Craigie-Chief Lobbyist and his partner Michael Hackett of Alrus Consulting, are well respected, informative, passionate, and highly effective purveyors of our positions and protectors of physicians' rights, health care, and quality improvement.
This is often an exceedingly difficult task with Attorney-influenced and supported legislators, especially after the November, 2004 general election victory of questions 3, 4, and 5.
With over
1300 Bill Draft Requests (BDRs), last minute changes,
and post
NSMA and our County affiliates continue to work with many other organizations and coalitions to safeguard American medicine and quality health care, such as the American Medical Association, Southern Nevada Medical Industry Coalition, HealthInsight, and many others.
In order to continue to allow our voice to be heard, we need to continue to be active in the political process, support our Political Action Committees (PACs) and sympathetic candidates for public office, especially the Nevada Supreme Court Justice candidates, so that Question 3 is not overturned when the trial bar brings its constitutional challenges. We need to get to know and talk with our families' and practices' elected representatives.
I encourage all physicians to continue to be actively involved in NSMA and our County affiliates: in committees, commissions, PACs, and events, and in the AMA and national specialty societies, whose influence on national and international issues is of paramount importance.
I have a
dream! That perhaps our continued
vigilance will allow
I have a dream! That our continued vigilance will protect, promote, and attain our vision for fair physician standards, payments-especially of Medicare and Medicaid, insurance company policies, and tort reform.
I have a dream! That I can work with you to improve quality health care, decrease the medically uninsured and under-insured, and decrease the hassles of your daily medical practice. With your help-we CAN succeed.
Clark County District Court Medical
Malpractice Filings Against Health Care Providers,
Jan 2001 – Apr 2005 2001 2002 2003 2004 2005
Jan 39 33 108 61 41
Feb 20 14 98 72 63
Mar 35 30 169 123 64
Apr 37 34 111 81 70
May 37 35 126 65
Jun 27 24 103 90
Aug 54 51 76 67
Oct 37 83 110 59
Nov 38 184 59 78
Sum 372 823 1246 867
If you have any pertinent information about the following membership candidates, please contact:
For
information on becoming a member of the Clark County Medical Society, call
RESOLVED: THAT THE NEVADA STATE MEDICAL ASSOCIATION HOUSE OF DELEGATES EXPRESS ITS SORROW AT THE PASSING OF THE FOLLOWING: John C. Andrewjeski, MD; Edwin L. Cantlon, MD; Ruben P. Diaz, MD; Jerry A. Howle, MD; Reuben J. Jones, MD; Ralph J. Litton, MD; Perry L. Munday, MD; James D. Pitts, MD; and Carl L. Sauls, MD.
RESOLVED: THAT THE
RESOLVED:
THAT THE
RESOLVED:
THAT
RESOLVED: THAT THE
RESOLVED: THAT THE
The Committee nominated the following physicians for officers of the Association:
President Elect -
WAYNE C. HARDWICK, MD Secretary - EDWIN
C. KINGSLEY, MD
Treasurer - RICHARD
P. SEHER, MD
AMA Delegate (North)
- MICHAEL J. FISCHER, MD
AMA Alternate Delegate
(North) - RALPH J. COPPOLA, MD
RESOLVED: THAT THE
RESOLVED: THAT THE COUNTY BE REQUIRED TO REIMBURSE
PHYSICIANS FOR INDIGENT CARE AT THE PREVAILING MEDICAID REIMBURSEMENT RATE IN
THOSE HOSPITALS THAT RECEIVE MONEY FROM THE
RESOLVED: THAT THE
RESOLVED: THAT THE
RESOLVED: THAT THE NSMA'S DELEGATION TO THE AMERICAN MEDICAL ASSOCIATION HOUSE OF DELEGATES SPONSOR OR CO-SPONSOR RESOLUTIONS TO SEEK FEDERAL LEGISLATION REQUIRING ALL HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR ALL IMMUNIZATIONS.
By Weldon (Don)
Havins, M.D., Esq.,
AB 208 has passed through the Assembly and now lies in the jurisdiction of the Nevada State Senate. AB 208 will require ALL physicians (and ONLY physicians), MD and DO alike, to be fingerprinted and to agree to an FBI computer criminal background check. Current law only requires APPLICANTS to the Nevada State Board of Osteopathic Medicine to undergo the fingerprinting and FBI criminal background check. Applicants of the Nevada State Board of Medical Examiners are not required to undergo such fingerprinting and criminal background checks. This Bill will require ALL physician licensees to be fingerprinted and undergo the FBI criminal background checks before their next licensure renewal. This Bill is unprecedented in our nation's state laws in requiring licensed, practicing physicians in good standing to undergo criminal background checks.
Assemblyman
attorney William Horne, the author and chief proponent of this Bill, admits
that this Bill would not have caught the first year UMC pediatric resident
physician, who has been charged with conduct relating to pedophilia, because
that physician has no previous criminal background. Nevertheless, Assemblyman attorney
Horne testified that a "gap" exists in
When asked details about the particularities of his Bill, Assemblyman Horne opined that a podiatrist would not lose his license for a prior conviction of embezzlement. That speculation notwithstanding, Assemblyman Horne appeared unaware that a podiatrist is not a physician and therefore would not be discovered in the proposed mandated criminal background checks of his Bill. Furthermore, AB 208 does not just require criminal background checks. AB 208 adds many new misdemeanors for which physicians, but not other health care providers, can be denied licensure or serve as a basis for licensure sanctions. To both NRS 630 (the Medical Practice Act governing MDs) and NRS 633 (the Osteopathic Practice Act governing DOs), the new misdemeanors and lesser offenses will be: misdemeanor lewdness, misdemeanor indecent exposure and any other sexually related crime (misdemeanor or violation of an ordinance), and misdemeanor contributory delinquency. Conviction of any of these will base a licensure disciplinary action including possible licensure revocation.
Should a licensee, whose FBI record contains a misdemeanor for indecent exposure for "streaking" at a fraternity party at age 19, be subject to revocation of his or her license to practice medicine? Should a practicing physician whose "mooning a cop" at age 18 misdemeanor base a revocation of his (or her) license to practice medicine? NRS 201.090 and NRS 201.110 specifically indicate that an adult responsible for a minor who is a runaway, unmanageable or a habitual truant is guilty of the misdemeanor. Should habitual truancy of a physician's child be a reason to revoke the physician's license to practice medicine? Is not parenting a teenage child stress enough without adding the threat of licensure revocation? Should a physician's license be subject to revocation because the physician's seventeen year old "writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct"?
Neither the chiropractor's child, the nurse's child, the psychologist's child, nor the podiatrist's child spitting on the sidewalk will subject those licensed health care professionals to revocation of their license. But AB 208, for the same conduct by a minor of a licensed physician, will subject the licensed physician to licensure sanction, including revocation. Why? AB 208 adds to the medical practice acts the following: the responsible adult (parent or legal guardian) of a minor "who violates any law of this State or any ordinance of any town, city or county of this State defining crime" is guilty of a misdemeanor. This misdemeanor will be a violation of both medical practice acts.
Finally,
remaining in AB 208 is the language that "conviction of any offense
involving moral turpitude" will serve as the basis for medical license
discipline, including license revocation.
The main problem with this language is that the term "moral
turpitude" is not defined.
"Moral turpitude" is mentioned 420 times in
Misdemeanor and lesser convictions serving as a reason for medical license revocations go far beyond the purported intent of the Bill, which was to remove felonious convicted child molesters from the pool of practicing licensed physicians. Many physicians feel that AB 208 is a solution desperately searching for a problem and should be killed.
However, applicants for an osteopathic medical license and applicants for a nursing license now must undergo fingerprinting and criminal background checks. It may be reasonable for applicants for a medical license to also undergo the same.
Dr. Donald S.
Kwalick, MD, MPH
Chief Health Officer
By Donald S. Kwalick, MD, MPH
Chief Health Officer
The Clark
County Health District celebrated National Emergency Medical Services Week
during the month of May by recognizing
The
following individuals were recognized at an awards ceremony on
Roy Keefer, Paramedic
-
American Medical Response-Las Vegas
Brent Hall, Paramedic/Supervisor -
Brian Arboreen, Paramedic-Henderson Fire Department
Troy Cabral,
Paramedic-
Jim Kindel, Paramedic-
Robert Rogers, Flight Paramedic- Mercy Air
Frank Simone,
Paramedic-
Ron Tucker,
Paramedic/Supervisor -
Southwest Ambulance-Las Vegas
James Parsons -
According
to the
In
additional news, the health district
Prior to
When
transports to the new center first began the number of patients did exceed the
initial projections. However, the health district has provided ongoing
education to
The health
district and RTAC are continuing to collect data and implement quality
assurance measures to ensure the trauma system runs effectively in order to
fully meet the needs of
2005 Installation Dinner
Honoring Incoming President
Ron Kline, MD
and featuring
the “Harold Lee Feikes Memorial Physician of the Year” Awards for
Friday, July 15
(The 50th anniversary of the
incorporation of
giving awards to
our three 50 year members and other milestones)
The Palms Casino Resort
BOARD OF TRUSTEES MEETING
Tuesday,
Minutes Synopsis
The minutes for the March 15 meeting were approved unanimously.
Financial Report
In Dr. Steinberg's absence, Dr. Havins reported the revenue was $341,847.58. The account balance at the end of the month was $284,375.41. The outside broken lights have been replaced, and the supporting poles have been painted.
Membership Report
Dr. Kline reported there were 730 dues paid members, which
was an improvement over the 678 last year at this time. Dr. Kline asked for suggestions for discounts
for
Delegation Committee
Dr. Chowdhry reported we have 10
delegates for the annual meeting in
Kathie Slaughter reported they won the LEAP award from the AMA for the State. Their legislative plan will be distributed to the other states. The Alliance Bylaws have been updated. One of the biggest changes was that members will be allowed to maintain their membership after divorce.
Health District
Report
Dr. Kwalick discussed AB380. There may no longer be a physician at large member on the Board. The Health District is working on the creation of the Public Health Improvement Fund which would give the state a comprehensive chronic disease prevention and control program.
Credentials Committee
Pavan K. Janapati, MD, Daniel M. Sabry, MD, and Michael D. Thomas, MD were approved for membership.
CommunityHealth/CommunityRelations Committee
Dr. Jameson reported her committee will be provided with a list of organizations already using physician volunteers. Her committee intends to develop a website for the physician volunteers. Dr. Jameson spoke to the Chief Editor of the Review Journal regarding the "Dear Doctor" column. He stated the articles should be limited to around 300 words. He recommended the 60 physicians who indicated interest should be sent the parameters to obtain some writing samples.
NSMA Report
Dr. Evins stated the NSMA continues to work with Legislators. There are many bills which the NSMA is watching.
AMA Report
Dr. Nelson stated the AMA meeting will be held in June in
President's Report
Dr. Colletti informed the Board members that Dr. Clifford resigned from the Board. Dr. Kwalick has agreed to be the replacement Trustee for these last three months of the fiscal year. Dr. Colletti appointed Dr. Anil Batra to an ad hoc committee to work with Larry Matheis on the Medicaid reimbursement problems.
Administrative Report
Dr. Havins reported there does not seem to be a current need
to continue paying for transcripts now that the NBME meetings are
teleconferenced to
Personnel Session
April 1 until July 1 of each year,
New Business
Dr. Jones invited any who would be in
The next meeting will be on
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Bechtel
6/13 & 6/14 - “Handling Radiation Emergencies by
Emergency Dept Personnel”
6/15 – “Update on Legislative Changes Affecting the Practice
of Medicine,”
6/25 - “Contemporary Health Law Ethics,”
Lucille Packard
Children’s Hospital at Stanford (650) 497-8554
8/13 – “Clinical Innovations in Pediatric Cardiovascular, Neurosurgical and Transplant Medicine”, Embassy Suites Hotel 5.5 CME hours
Pri-Med Institute (877) 4PRI-MED
6/02 - “Weapons of Mass Destruction”
6/11 - “Weapons of Mass Destruction”
Southwest Medical
Associates 242-7735
6/9 - “Advances in the Rx of IBD and IBS”
UMC 383-2604
6/14 - “Examining Eating Disorders (ethics)”
6/28 - “Taking a Good Look at AIDS”
To have your CME courses listed on our calendar; contact Dot Freel at 739-9989 prior to the 12th each month.
CLARK
COUNTY HEALTH DISTRICT
DISEASE
STATISTICS* - APRIL 2005
DISEASE
CASES
REPORTED YEAR TO DATE
Apr
2004 Apr 2005 2004 2005
VACCINE
PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA 0 0 2 7
HEPATITIS A 1 0 2 2
HEPATITIS B 8 0 18 6
INFLUENZA 0 8 51 109
MEASLES 0 0 0 0
MUMPS 0 0 0 0
PERTUSSIS 1 4 1 15
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY
TRANSMITTED DISEASES
AIDS 32 25 114 90
CHLAMYDIA 232 534 1310 1922
GONORRHEA 151 197 690 817
HIV 32 24 90 102
SYPHILIS (Early
Latent) 1 1 4 8
SYPHILIS
(Primary & Secondary) 2 14 4 36
ENTERICS
AMEBIASIS 0 1 5 5
BOTULISM-INTESTINAL
0 0 0 0
CAMPYLOBACTERIOSIS 2 3 15 24
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS 0 0 1 4
E. COLI
O157:H7 0 1 3 7
GIARDIA 2 4 21 16
ROTAVIRUS 29 85 417 262
SALMONELLOSIS 9 12 31 39
SHIGELLOSIS 2 1 16 22
TYPHOID
FEVER 0 0 0 0
VIBRIO 0 0 1 0
YERSINIOSIS 0 0 0 0
OTHER
ANTHRAX 0 0 0 0
BOTULISM
INTOXICATION 0 0 0 0
BRUCELLOSIS 0 0 0 0
COCCIDIOIDOMYCOSIS 4 6 19 26
ENCEPHALITIS 0 1 0 2
HANTAVIRUS 0 0 0 0
HEMOLYTIC
UREMIC 0 0 0 0
SYNDROME(HUS)
HEPATITIS C 1 0 2 0
HEPATITIS D 0 0 0 0
LEGIONELLOSIS 0 1 1 6
LEPROSY 1 0 1 0
LEPTOSPIROSIS 0 0 0 0
LISTERIOSIS 1 0 1 0
LYME
DISEASE 0 0 0 0
MALARIA 0 0 2 0
MENINGITIS,
ASEPTIC/VIRAL 3 8 14 16
MENINGITIS,
BACTERIAL 2 2 6 6
MENINGOCOCCAL
DISEASE 0 0 2 2
PLAGUE 0 0 0 0
PSITTACOSIS 0 0 0 0
Q FEVER 0 0 0 0
RABIES
(HUMAN) 0 0 0 0
RELAPSING
FEVER 0 0 0 0
ROCKY MTN
SPOTTED FEVER 0 0 0 0
RSV 46 109 1002 1168
TOXIC SHOCK
SYNDROME 0 0 1 1
TOXIC SHOCK
SYN 0 0 2 1
(STREPTOCOCCAL)
TUBERCULOSIS 5 8 26 23
TULAREMIA 0 0 0 0
UNUSUAL
ILLNESS 1 0 1 0
(ENCEPHALITIS)
*Numbers include confirmed and probable cases.
Bank of Commerce ….. 949-9800 ….. www.bankofcommerce-nevada.com
Business Funding Solutions ….. 248-3016 ….. www.businessfundingsolutions.net
CB Richard Ellis…369-4800… www.cbre.com
Colonial Bank ….. 304-3770 ….. www.colonialbank.com
Consultants in Marketing….944-2464
DMSL Medical Management & Billing Service ….. 558-2326
Kennedy Commercial….838-2263….no website
Lucille Packard Children’s Hospital…650-497-8554… www.cme.lpch.org
Machabee Office Environments…260-0555… www.machabee.com
Mason Medical Management …..458-2455….. no website
Medical Group Management Association ….. 697-5471 ext. 134
Medical Liability Association of
Nevada First Bank ….. 310-4000 ….. www.nevadafirstbank.com
Nevada Mutual Insurance Company ….. 798-6001 ….. www.nevadamutual.com
Priority One Commercial ….. 228-7464 ….. www.priorityonecommercial.com
Protrans ….. 877-6333 ….. www.protranslv.com
Red Rock Radiology ….. 731-2888 ….. www.redrockradiology.com
Saguaro Home Health…..248-6850…..no website