Newsletter 64 May 2005
Contents
Candidates for the 2005-2006 Election
Malpractice Filings Against Health Care Providers, Jan 2001 – Mar 2005
Legislature contemplates
criminal background checks on all Nevada physicians
The
"Extras" in AB 208: the Criminal Background Check Bill
Medical Reserve Corps Seeks
Volunteers
CCMS Alliance wraps up
another successful year
Clark County Health District
Disease Statistics – March 2005
Candidates for the 2005-2006 Election
Official Voting Ballots for the 2005-2006 Board of Trustees and Nominating Committee were recently mailed to the membership. The candidates on this ballot were selected by the Nominating Committee. Since there were no “write-ins” this year, the races are uncontested.
Voting
Ballots will be accepted at the
PRESIDENT-ELECT
Ob-Gyn
5281 S Eastern Ave
SECRETARY
Jerry Jones, MD
Ob-Gyn
TREASURER
David Steinberg, MD
Radiology
TRUSTEES
Neonatology
George Alexander, MD
Plastic Surgery
Cardiovascular Surgery
John Nowins, MD
Ob-Gyn
3380 S Eastern Ave
Anthony Serfustini, MD
Orthopaedics
NOMINATING COMMITTEE
Michael Colletti, MD
Rheumatology
Internal Medicine
Ed Kingsley, MD
Oncology
3730 S Eastern Ave
Frank Nemec, MD
Gastroenterology
Ronald Slaughter, MD
Pathology
Annette Teijeiro, MD
Anesthesiology
Michael Verni, MD
Urology
Staff member leaves
President’s Message
By Michael P Colletti, M.D., 2004-2005
RE: CRIMINAL
BACKGROUND CHECK BILL DRAFT REQUEST (BDR)
After an
extensive 40 minute discussion at our last Clark County Medical Society meeting
on
1) Cost to
2) Out of state or inactive medical doctors dropping their licenses and loss of that income to NSBME. This will cause an increase in fees to remaining doctors.
3) What would be the
“return on investment”? How many
physicians in
4) Physician time and expense to get finger printed.
5) Why single out physicians? Why not do criminal background checks on all professionals?
6) Case in point, e.g. pediatric resident, which precipitated this bill draft request by Assemblyman William Horne, J.D. would not have been discovered by a criminal background check.
7) Further
discouragement of physicians to come to
8) Eliminates NSBME discretion.
9) Misdemeanors are apparently included in this bill, not just felony convictions.
10) My general feeling is that most physicians would not strongly oppose new applicants undergoing a background check to determine if there are any undisclosed felony convictions.
The goal of
the legislature should be to improve the quality of medical care for all
Nevadans, rather than potentially take action, allegedly well intended that
would ultimately add to the continued decline of medical care in this state and
further discourage good physicians from coming to
Clark County District Court Medical Malpractice Filings Against Health Care Providers, Jan 2001 – Mar 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
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
New Members – March 2005
- Shahrokh Assemi, MD, Diagnostic Radiology, 2020 Palomino Ln #100, Las Vegas, NV 89106
- Genghis N Portillo, MD, Anesthesiology, 2320 Paseo del Prado #201, Las Vegas, NV 89102
Applicants To Go Before Credentialing Committee
If you have any pertinent information about the following membership candidates, please contact:
- Daniel D Lee, MD, Orthopaedic Surgery
- Suresh Makhija, MD, Nephrology
For
information on becoming a member of the Clark County Medical Society, call
Legislature contemplates
criminal background checks on all Nevada
By Dot J. Freel,
If you are
a Doctor of Osteopathy and you apply for a license in
Only a law
enforcement agency can query the FBI's NCIC database; therefore the Osteopathic
Board coordinates with the Highway Patrol in requesting this information. The
cost is $45 per query, which the board has added to its registration fees. The Highway Patrol bills the Osteopathic
Board, monthly, for all of that month's reports. The report lists all
Mr. Delap stated the legislation directs them to deny anyone who does not accurately report any arrests or convictions and gives the board discretion on any arrests or convictions that the applicant does report. He also said that law enforcement agencies are required to notify them of arrests and convictions, so that in their estimation there is no need to conduct these background checks on current licensees.
At this time, the Nevada Board of Medical Examiners does not perform criminal background checks on applicants or licensees. Assemblyman William Horne, Esq. sponsored AB208 which, if passed as it is written, would require all physicians (around 7,000) to have background checks, not just new applicants. You can read this bill at:
http://www.leg.state.nv.us/73rd/Reports/
AB208 would
require the Boards to initiate disciplinary proceedings against the physician
and possibly revoke his license if the criminal background check revealed a conviction
of an act for which an applicant would be denied licensure. The bill was heard in the Assembly Commerce
& Labor Committee on
According
to the American Medical News website, some states, such as
Is this
extra step in an already arduous process necessary to relieve a perceived need
of the public due to some current news story regarding a few bad doctors? It is likely that some physicians feel this
is unnecessary while others feel it is a good idea in principal. If AB 208 passes in its
current form, all
The
"Extras" in AB 208: the Criminal Background Check Bill
Weldon (Don) Havins, M.D., Esq., CCMS CEO and Special Counsel
AB 208, making its way through the Legislature, will require ALL physicians, MD and DO alike, to be fingerprinted and agree to an FBI computer criminal background check. All this, of course, will be at the expense of the licensees. Currently only applicants to the Nevada Board of Osteopathic Medicine are required to undergo such background checks. The $45 the Nevada Department of Public Safety charges for the background checks (only a law enforcement agency may access the computer) is borne by the applicant. The cost of the fingerprinting is also borne by the applicant. This Bill will require ALL licensees to be fingerprinted and undergo the FBI criminal background checks.
The reason
purported necessitating the background checks is that a first year resident
pediatric physician at UMC was charged with a sexual offense against a
child. This first year resident's
license was summarily suspended by the Nevada Board of Medical Examiners
shortly after charges were filed. The
doctor in question had no previous criminal history. A background check would have discovered
nothing. Nevertheless, because a
convicted child molester might be harbored in the
Whether one feels these background checks are a public salvation, an outrage, or just an unnecessary nuisance, AB 208 does not end with just adding a statute requiring criminal background checks of physician licensees. To both NRS 630 (the Medical Practice Act governing M.D.s) and NRS 633 (the Osteopathic Practice Act governing D.O.s), a new set of offenses have been added to serve as grounds for licensure disciplinary action by the respective Boards. In the language of the Bill (section 5, subsections 3 and 4) a history of conviction of any of these criminal offenses (felonies or misdemeanors) requires the Board to REVOKE the license of the physician. An amendment to AB 208 (LCB amendment 175) provides that the Boards MAY use conviction for one of these offenses as the basis for denying licensure. However, the amendment leaves intact that requirement that the Boards revoke the license of current licensees for a history of conviction of any of these offenses.
The offenses added are: "conviction of (a) murder, voluntary manslaughter or mayhem; (b) any felony involving the use of a firearm or other deadly weapon; (c) assault with intent to kill or to commit sexual assault or mayhem; (d) sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime; (e) abuse or neglect of a child or contributory delinquency; or (f) a violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug …."
On first glance, it is difficult to disagree with any of the provisions. But on closer inspection, note that both NRS 630 and NRS 633 presently contain the provision that "conviction of any felony relating to the practice of medicine or the ability to practice medicine" constitutes grounds for initiating disciplinary action or denying licensure. Some legislators have vehemently opined that all of the added offenses relate to the practice of medicine. That being the case, why is it necessary to enumerate specific additional felonies? Do these legislators lack confidence in the medical Boards' ability, willingness, and efficiency to bring disciplinary actions for these offenses?
One answer may be found in the inspection of the criminal law statutes of the added criminal offenses. NRS 201.210 provides that the first offense of "open or gross lewdness" is a misdemeanor. NRS 201.220 provides that the first offense of indecent or obscene exposure is a misdemeanor. Contributory delinquency, as delineated in NRS 201.109 and 201.110, is a misdemeanor. Solicitation of prostitution is a misdemeanor. Should a licensee whose FBI record contains a misdemeanor for indecent exposure for "streaking" at a fraternity event at age 19 be subject to mandatory revocation of his or her license to practice medicine? Should a practicing physician whose "mooning a cop" at age 18 misdemeanor conviction require 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. The responsible adult of a minor "who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life" is guilty of a misdemeanor, as is an adult of a minor "who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct." 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. AB 208 would require revocation of the
medical license of the responsible adult convicted of any of these misdemeanors. Finally, one who solicited sex for money and convicted of a misdemeanor at age 20 would necessarily have his or her medical license revoked.
In the 2003
Legislative session, SB 250 reduced to "conviction of a felony" the
prior language "conviction of a felony or of a crime involving moral
turpitude" as a basis for denying an application for licensure or
disciplining a licensee (up to and including licensure revocation).
Licensed physicians finding components of this Bill unreasonable may wish to contact their Legislators, immediately, and request reasonable modification of AB 208. Misdemeanor convictions mandating medical license revocations go far beyond the purported intent of the Bill which was to remove convicted child molesters (a felony) from the pool of licensed physicians.
In this
author's opinion, at a very minimum, the wording "the Board shall revoke
the license of the physician" (page 5, line 36 and page 6, line 16) should
be changed to "the Board may discipline the license of the
physician". Next, since there are
no statutes in
Misdemeanors should not base a medical license revocation. We all strive to maintain the straight and narrow, but occasionally we are guilty of straying. When we are caught in these indiscretions, a misdemeanor may result. This author's bias is that these "all too human" indiscretions should not base a medical licensure revocation action. Let us return to the sanity and reasonableness of SB 250 of the 2003 Legislative session law where medical licensees are subject to licensure revocation for felonies only.
Medical Reserve Corps Seeks Volunteers
Dr. Donald S.
Kwalick, MD, MPH
Chief Health Officer
On
What is the commitment?
The success of the Medical Reserve Corps of Clark County is based on the availability of its volunteers to respond in a timely manner when deployed. Prior to beginning the application process, potential volunteers are asked to seriously consider any limitations that may interfere with their availability (i.e. family responsibilities, work obligations, commitments to other disaster organizations).
Volunteers are
encouraged to:
- Attend bi-monthly meetings that offer information and materials specific to the roles defined for the MRC in health district and other emergency plans
- Take advantage of optional and recommended training opportunities, these trainings are free of charge and many offer educational credits
- Participate in training exercises simulating public health emergencies
What would I do?
Volunteers are needed for both emergency and non-emergency purposes.
During an emergency:
- Augment medical and support staff shortages at medical or emergency facilities
- Assist with the distribution or dispensing of pharmaceuticals
- Assist with surveillance and notification
- Assist staging area staff, both medical and non-medical
- Assist with immunization clinics, education, infectious disease outbreak support, consequence mitigation of a terrorist act and other duties
During non-emergencies (optional):
- Staff basic first aid areas at community events
- Assist in flu clinics
- Provide educational presentations on special health topics
- Distribute information at health fairs
- Promote immunization and other public health campaigns
What about liability
coverage?
MRC volunteers who are pre-registered through the Clark County Health District are eligible to receive workers compensation benefits as well as protection under the Cooperative Agreement for Coverage of Liability Claims and Related Expenses, to which the health district is a party. Also, under specific circumstances, the Volunteer Protection Act (42 U.S.C. § 14501 et. Seq.) provides qualified immunity from liability for volunteers of a governmental entity for harm caused by an act or omission on the part of the volunteer.
What is the benefit to volunteering with the MRC?
- Satisfaction gained by serving the community in times of emergency and improving community health
- Ability to respond immediately as a pre-registered, pre-credentialed health care professional
- Training opportunities, many offering CME/CEUs
- Priority prophylaxis (vaccinations or pharmaceuticals) for MRC volunteers and their immediate family members in a declared public health emergency
- Development of skills and experience in the area of public health
To volunteer for the
Medical Reserve Corps of
or for more information, contact Paula Martel
at 383-6181.
2005 Installation Dinner
Honoring Incoming President Ron Kline,
MD
and featuring the “Harold Lee Feikes Memorial Physician of the Year” Award
Friday, July 15 (The 50th anniversary of
the incorporation of
at The Palms Casino Hotel
CCMS
Alliance
Marian Haas
and Kathie Slaughter, 2004-2005 CCMS Alliance
It is now May and time for Kathie and I to pass the
Presidency on to Shanila Choudhury. It has been a successful year for the Clark
County Medical Society Alliance.
We have raised over $34,500 between
our Fashion Show and the Greeting Card Project which after expenses will allow
us to present six Nursing Scholarships and still have over $19,000 to present
to charity. The two main recipients of
these funds are Child Focus and the CASA Foundation. Both of these organizations provide for the needs
of foster children in the Clark County
We have also supported Child Haven,
the emergency facility for temporary care of foster children, with donations of
more than 350 items to include clothing items, especially underwear, socks, and
pajamas, toys and gift certificates.
We have tried some different events
to try to provide activities for our members who can not attend our regular
luncheon time. In January we met at
Nordstrom for brunch and a fashion presentation followed by exclusive shopping
for our members. In February we met for
dinner and a chance to bring our spouses to an Alliance
Kathie and I know that we could not
have had such a successful year without the help of many wonderful people,
especially those members of our executive board. Aditi Sanatinia, Treasurer, and Tammy Johnson, Assistant
Treasurer, have collected our monies, kept our books in order, and kept us on
budget. Lisa Gollard,
Recording Secretary, and Cheryl Jayne, Corresponding Secretary, have recorded
our minutes and done our mailing. Wendy Agrawal and Swati Khamamkar, First Vice Presidents, have enrolled our members
and created our directory. Marlene
Curry, Second Vice President, has arranged our events and programs.
We also wish to thank Solveiga Unger who has published our newsletter and been
our parliamentarian, Andrea Yu who has been our webmaster, Shanila
Choudhury who chaired the Fashion Show, and Kim
Watson who completed our Greeting Card Project.
You are all invited to our
Installation Luncheon on May 17th at the Black Hills Country Club. Shanila Choudhury will become President for the second time and
will bring many new faces onto the executive board. Kathie and I are looking forward to
completing our duties and taking the role of Past Presidents.
If you wish to join the Clark County
Medical Society Alliance, please contact Wendy Agrawal
@ 228-6360, Swati Khamamkar
@242-8542, Marian Haas @838-9840, or Kathie Slaughter @ 878-4981.
Minutes Synopsis
BOARD OF TRUSTEES MEETING
Tuesday,
Minutes Synopsis
The minutes for the February meeting were approved unanimously.
Presentation on
Medical Reserve Corps of
Paula Martel and Dr. Lawrence Sands presented information
and explained their need to compile a reserve list of volunteers. They discussed the training which would be
involved and how the Medical Society could participate. Ms. Martel and Dr. Sands were invited to
write an article for the
Financial Report
Dr. Steinberg reported the revenue for these 7 months of the fiscal year was $331,569.55, which was around $50,000 more than last year. The account balance at the end of the month was $302,404.34.
Credentials Committee
Membership Report
Dr. Kline reported there were 717 dues paid members, which was an improvement over the 647 last year at this time. Dr. Kline stated his installation dinner will be at the Palms Casino on July 15th, which is the 50th anniversary of the Clark County Medical Society.
President's Report
Dr. Colletti asked the Board for a discussion regarding criminal background checks on physicians. Opinions were very diverse and the issue will be readdressed as details come to light.
Delegation Committee
Dr. Chowdhry reported we have 10
delegates for the annual meeting in
Kathie Slaughter stated their fashion show luncheon event earned $10,000 to go towards foster children and the greeting card project earned around $13,000 with $6,000 of that going towards student nursing awards.
Health District
Report
Dr. Kwalick reported he testified at "Health Aid to Counties". Both tobacco petitions will be on the ballot in 2006 and, since they are competing, it is unlikely either will pass. Influenza is moving down towards the baseline of 2.5% of those clinics reporting to the health district.
Scholarship Report
Dr. Ellerton reported that the
Board of Directors of the Scholarship Fund held a meeting immediately before
the
NSMA Report
Dr. Evins reported the NSMA has adopted
Administrative Report
Dr. Havins reported on the
Dr. Havins showed the board members the
Community Health /
Community Relations Committee
Dr. Jameson stated the committee had 60 physicians respond to the fax broadcast in support of the "Dear Doctor" project. Some were even interested in spearheading the project. The committee will meet with the newspaper editor soon to finalize the project. Progress continues on developing the volunteer physicians project.
Future Meetings
The next meeting will be on
Classifieds
Medical Office for
Sub-Lease. Prime location/high
visibility. 2400 square feet, perfect
for 1 or 2 physicians. Near UMC and
For Sale: Quinton Treadmill with Defibrillator, 2 couches, equipment cabinet, assorted chairs, small refrigerator, computers, printer, monitors. Neil Carmena, MD at 878-8108.
Legacy & Galleria
Urgent Care Looking for one good doctor or P.A. for employment. Excellent
PHYSICIAN WANTED: INTERNAL MEDICINE Take charge of your career with IPC - The Hospitalist Company. We are searching for multi-talented individuals ready to take on a lead decision making role in hospital-based care. Contact John Barragan at 304-2144. www.hospitalist.com.
MEDICAL OFFICE SPACE
FOR RENT. Great location, currently renting half/full days, 1100 sq ft,
3-exam rooms/lab/Drs. Office, large check in/out. Fully furnished. Del Webb building/adjacent to
CME CALENDAR
Bechtel
6/13 & 6/14 - “Handling Radiation Emergencies by
Emergency Dept Personnel”
5/28 - “The Physician as an Expert Witness,”
6/25 - “Contemporary Health Law Ethics,” 9 a.m., 2 CME hours
Pri-Med Institute (877) 4PRI-MED
5/20-21 - “Pri-Med Updates,” up to
16.25 CME hours, FREE to
5/7 - “Weapons of Mass Destruction”
5/19 - “Weapons of Mass Destruction”
6/02 - “Weapons of Mass Destruction”
6/11 - “Weapons of Mass Destruction”
Southwest Medical
Associates 242-7735
5/12 - “Wild About
6/9 - “Advances in the Rx of IBD and IBS”
5/5 - “Medical Ethics,”
UMC 383-2604
5/10 - “Radiation Hazards,”
5/24 - “Use of ARBs in Control of Hypertension,”
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* - March 2005
DISEASE
CASES REPORTED YEAR
TO DATE
Mar 2004
Mar 2005 2004 2005
VACCINE
PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
CLARK
COUNTY HEALTH DISTRICT
DISEASE
STATISTICS* - MARCH 2005
DISEASE
CASES REPORTED YEAR TO DATE
Mar 2004 Mar 2005 2004 2005
VACCINE
PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA 2 3 2 7
HEPATITIS A 1 1 1 2
HEPATITIS B 3 3 10 6
INFLUENZA 0 17 51 101
MEASLES 0 0 0 0
MUMPS 0 0 0 0
PERTUSSIS 0 8 0 11
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY
TRANSMITTED DISEASES
AIDS 42 13 82 66
CHLAMYDIA 425 488 1078 1388
GONORRHEA 190 193 539 620
HIV 24 35 58 80
SYPHILIS
(Early Latent) 2 7 3 7
SYPHILIS
(Primary & Secondary)0 14 2 22
ENTERICS
AMEBIASIS 2 2 5 4
BOTULISM-INTESTINAL
0 0 0 0
CAMPYLOBACTERIOSIS 10 4 13 21
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS 0 2 1 4
E. COLI
O157:H7 0 6 3 6
GIARDIA 7 6 19 12
ROTAVIRUS 62 42 388 177
SALMONELLOSIS 8 11 22 27
SHIGELLOSIS 3 4 14 21
TYPHOID
FEVER 0 0 0 0
VIBRIO 1 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 2 5 15 20
ENCEPHALITIS 0 0 0 1
HANTAVIRUS 0 0 0 0
HEMOLYTIC
UREMIC 0 0 0 0
SYNDROME(HUS)
HEPATITIS C 0 0 1 0
HEPATITIS D 0 0 0 0
LEGIONELLOSIS 0 2 1 5
LEPROSY 1 0 1 0
LEPTOSPIROSIS 0 0 0 0
LISTERIOSIS 0 0 0 0
LYME
DISEASE 0 0 0 0
MALARIA 1 0 2 0
MENINGITIS,
ASEPTIC/VIRAL 3 3 11 8
MENINGITIS,
BACTERIAL 0 1 2 2
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 233 178 956 1059
TOXIC SHOCK
SYNDROME 0 0 1 1
TOXIC SHOCK
SYN 0 0 2 1
(STREPTOCOCCAL)
TUBERCULOSIS 5 3 21 15
TULAREMIA 0 0 0 0
UNUSUAL
ILLNESS 0 0 0 0
(ENCEPHALITIS)
*Numbers include confirmed and probable cases.
County Line
Business Funding Solutions ….. 248-3016 ….. www.businessfundingsolutions.net
Colonial Bank ….. 304-3770 ….. www.colonialbank.com
Consultants in Marketing….944-2464
DMSL Medical Management & Billing Service ….. 558-2326
Hutchison & Steffen Attorneys ….. 385-2500 ….. www.hsnvlaw.com
Kennedy Commercial….838-2263….no website
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