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10 REPORTER'S TRANSCRIPT
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12 BOARD MEETING
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15 Taken at the Las Vegas Embassy Suites
Hotel
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25 Reported by:
Gale Salerno, RMR, CCR No. 542
ALL-AMERICAN COURT REPORTERS
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1 APPEARANCES:
2 Stephen K. Montoya, M.D., President
3 Joel N. Lubritz,
M.D., Vice President
4 Dena L. James, Deputy Attorney General
5 Donald H. Baepler,
Ph.D., Secretary/Treasurer
6 Stephen D. Quinn, J.D.,
General Counsel
7 Sohail Anjum, M.D.
8 Jean Stoess, M.A.
9 Marlene J. Kirch,
Public Member
10 Edward Cousneau,
J.D.
11 Bonnie Brand, J.D.
12 Carolyn Castleman
13 Pam Gabica,
Administrative Assistant
14 Charles N. Held, M.D.
15 Javaid Anwar, M.D.
16 Robert J. Barnet, M.D., Medical Reviews
17 Pamela James
18 Douglas Cooper, Chief of Investigations
19 Lynnette L. Krotke,
Chief of Licensing
20 Drennan (Tony) A. Clark, J.D., Executive Secretary,
Special Counsel
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Lori
L. Munson, Deputy Executive Secretary
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1 Also Present:
2 Roger Belcourt,
M.D.
3 Peter Mansky, M.D.
4 Max Doubrava, M.D.
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Janet Wheble, P.A.
6 John Lanzillotta,
P.A.
7 Larry Matheis
8 Michael Garcia
9 Don Wright
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1 P R O C E E
D I N G S
2 - - -
3 (
4 1. CALL TO ORDER
5 DR. MONTOYA: I would like to go ahead
6 and call the meeting to order.
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8 2. APPROVAL OF MINUTES
9 DR. MONTOYA: Move to the second, to
10 approval of the
minutes.
11 MS. KIRCH: I would move for approval.
12 DR. MONTOYA: So all in favor?
13 Dr. Lubritz
just moved a second to
14 approve the minutes. Do you have any problem with
15 it?
16 All in favor? Opposes?
Passes.
17
18 3. PERSONNEL
19 DR. MONTOYA: Introduction of new
20 board staff.
21 DR. CLARK:
Mr. President, I would
22 like to introduce to the board Bonnie Brand,
deputy
23 general counsel. She has spent a number of years
24 with the attorney general's office with the
City of
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1 practice. We are pleased to have her on board.
2 DR. MONTOYA: So glad you came to join
3 us. Welcome aboard.
4 Anybody else?
5 DR. CLARK: That's it for right now.
6 DR. MONTOYA: Licensing division
7 staffing. Are there some changes there?
8 DR. CLARK: Let me give you a quick
9 update.
Barbara Daravanna decided that she would
10 leave our employment, and we have a new
lady, and
11 I'm sorry that I don't have her last name --
her
12 first name is
Brett, who will be starting on Monday
13 morning. Canady, C-a-n-a-d-y.
14 One other thing with respect
to the
15 licensing division. We have an entry-level
16 licensing specialist who has been with us
six
17 months, and who has met all of the
requirements to
18 be fully
trained. We have a policy that directs
19 that new people who come on board with the
board
20 start at a lower salary at 32,000 a year for
21 licensing specialist.
22 Since she has reached her six
months
23 gate, and has passed all of her
requirements, we
24 would like authority under our policy to
raise her
25 salary, technically the 15th of December, to
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1 $37,000, which is the mean salary for the
other
2 licensing specialists.
3 And this was the only exception
to
4 salary increases that would occur outside of
June,
5 and that is where you start low in the
training and
6 then come up to speed.
7 DR. MONTOYA: This goes along with the
8 policy we recently adopted that said
we would review
9 salaries once per year. This is the only exception
10 to that that Tony is
bringing up.
11 DR. CLARK: And her name is Jan Ross.
12 DR. MONTOYA: Any problems with this
13 anybody? Any discussions? This was a planned
14 exception.
15 We have a policy in
place. We don't
16 need to take any specific action. This is for
17 information purposes
only.
18 DR. CLARK: Then I have one other
19 thing for
licensing. Annette would like to be able
20 to designate one of her deputies as chief
deputy,
21
Carolyn Castleman, to be in control and in
charge
22 when she is away, and to train the other
licensing
23 experts and to help
license. This would not affect
24 salary increase at all.
25 DR. MONTOYA:
Vice president of the
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1 bank?
2 DR. CLARK: Yes.
3 DR. MONTOYA: The title, but nothing
4 more.
5 DR. CLARK: Yes.
The title and the
6 duties and the job, but
nothing more. She gets to
7 sweep the floors at night, too.
8 DR. MONTOYA: Any objections? Any
9 problems with that?
10 So we'll move on to that. All right.
11 Licensing configuration is straight
12 then?
13 MS. KROTKE: We have a new lady
14 starting Monday. She's replacing Barbara, and her
15 name is Brett
Canady.
16 DR. MONTOYA: Update on office
17 realignment.
18 DR. CLARK: We are finished with
19 office realignment. We're moving in and settling
20 in.
21 DR. MONTOYA: Those of you that don't
22 know, the office occupies the third floor of
that
23 building down there. Tony's office is essentially
24 at one end. There's an office for the executive
25 committee down there
also.
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1 Then we modified the board
room. And
2 then on the other end we have all the rest
of the
3 legal staff and the administrative staff and
1400
4 copy machines.
5
6 4. STATUS OF PUBLIC SERVICE ANNOUNCEMENT PROGRAM
7 DR. MONTOYA: Status on the public
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service announcement program to the
9 Broadcasting Association. I'm sorry, I haven't
10 gotten it in Spanish yet. I have the script. I
11 have it memorized. I just haven't gotten my butt
12 down there.
13 DR. CLARK: We can show you the tape,
14 and I'll run that in just a second. But I want to
15 tell you also that I have heard the same ad
on the
16 radio in
17 will key up, Mike, we will get the tape
going.
18 MS. MUNSON: Mike, can you run the
19 tape, please?
20 DR. CLARK: Hello, Mike?
There he
21 is. There's his shoulder.
22 DR. MONTOYA: This ad was actually
23 filmed at the Channel 8 studios very close
over
24 here. And when the board members went down there we
25 were treated very well, professionally. They made
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1 it as painless as
possible.
2 - - -
3 (Whereupon, the following
television
4 ad was heard:)
5 "As members of the Nevada
State Board
6 of Medical Examiners, providing you with the
best
7 health care is our
top priority. Our job is to
8 worry about your doctor's credentials so you
don't
9 have to.
10 We check educational
background and
11 professional history on each
applicant for state
12 medical license.
13 licensing requirements of any jurisdiction
in the
14 country.
15 If you have any questions
about your
16 doctor, contact the Nevada State Board of
Medical
17 Examiners."
18 - -
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19 MIKE: Run it again so that we can
20 point out -- you need to take a look at the
21 background because you can't tell on this
video,
22 it's got a lot of color, and it's got a lot
of stuff
23 in the background.
24 If there is any way they can
run it
25 again on the full
screen. And take a real good look
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1 at the back on that.
2 MS. MUNSON: Let me call him back.
3 DR. MONTOYA: Could you tell us what
4 stations are seeing this?
5 MIKE: They are statewide. You
6 have approximately 20 television stations
and
7 approximately 60 radio
stations.
8 Right now we're waiting for
the
9 Spanish, which is very important. For those of you
10 from the north we have nine Spanish stations
in
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12 message out.
13 So we don't waste everybody's
time, if
14 they have any questions or comments, I don't
know
15 what else you're
reporting on.
16 DR. CLARK: That's the end of the
17 report.
I just wanted to show them the video and
18 advise them that I've already heard this on
the
19 radio, the radio stations in
20 the country and western
station. Don't say that.
21 DR. MONTOYA: This also helps, the
22 audit that we had a year and a half ago, in
fact,
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it finished last year where they wanted more
24 information out there
about the state board. This
25 is an attempt to get the word out there that
they
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1 can call us and ask about doctors and their
2 credentials in a pretty
much nonthreatening manner.
3
4 5.
AMENDMENTS TO
5 DR. MONTOYA: Let's go on to
6 amendments to
7 stop to do this any time.
8 Are we connected to
9 Lori?
10 MS. MUNSON: I believe we are. We
11 have the blue screen. I think he was going to be
12 playing it again. I'm sorry.
13 DR. MONTOYA: Do we have something in
14 consideration of approval of minute
regulations for
15 completion of --
16 MS. MUNSON: Here it is, excuse me.
17 Well, I thought it was.
18 DR. QUINN: There are two items for
19 amendment that I
wish to present. The first item is
20 consideration of approval of an amendment to
the
21 regulation
applicable to testing that puts a time
22 limit for completion of the USMLE, and a
limit on
23 the number of attempts a person may make to
24 successfully complete the USMLE.
25 The regulation is NAC 630.080.
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1 The amendment changes the
regulation
2 by adding a provision to limit the time
within which
3 a person must successfully complete the
USMLE. And
4 also adds a limitation on the maximum number
of
5 attempts an applicant may make to complete
all three
6 steps.
7 The status of the regulation at this
8 point is the proposal is before you in the
9 brochure. It is on the second page. As written,
10 it adds a section or amends section five,
and
11 re-numbers section five and six as section
six.
12 And the proposal is that the
amendment
13 read for the purposes of subparagraph 3,
paragraph C
14 of subsection 2 of NRS 630.160: "A person must pass
15 steps one, two and three of the
16 medical licensing
examination within seven years
17 after the date on which the person first
took any
18 step of the United States Medical Licensing
19 Examination.
And the person is limited to a maximum
20 of two failures of each step, or a combined
maximum
21 of nine attempts to pass the United States
Medical
22 Licensing
Examination."
23 I sent this memorandum
out. And since
24 I sent it out, I
received response from one board
25 member, Dr. Anwar, who recommended that we modify
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1 that language to read basically to delete
the
2 reference to two failures, and just read
with
3 respect to the maximum with respect to the
number of
4 attempts that a person is limited to a
combined
5 maximum of nine attempts to pass steps one,
two and
6 three of the United States Medical Licensing
7 Examination.
8 DR. BAEPLER:
That was the intent of
9 the motion.
10 DR. QUINN: The status of this
11 proposed regulation
is a workshop is scheduled later
12 this month, I think on the 20th of December
in
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16 the date is.
17 DR. BAEPLER: The next day.
They're a
18 day apart.
19 DR. QUINN: Thank you.
20 DR. BAEPLER: First in
21 in Vegas.
22 DR. QUINN: And the
23 be a combined workshop and public hearing on
the
24 proposed regulation.
25 DR. CLARK: Mr. President, one thing
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1 that needs to be included in this proposed
amendment
2 to the regulation is the exception for an
M.D.
3 who is also pursuing his Ph.D., and he has
ten
4 years -- he or she has ten years rather than
the
5 seven.
6 DR. BAEPLER: This has already been
7 posted as written. Are these changes to be
8
incorporated after the hearings?
9 DR. QUINN: My understanding is,
10 according to the provisions, we may make
that change
11 without changing the
schedule.
12 DR. BAEPLER: Okay.
13 DR. QUINN: These are simply the
14 workshops.
15 DR. BAEPLER: Because we have a
16 deadline proposing.
17 DR. QUINN: They are the workshops.
18 DR. BAEPLER: This is kind of
19 consistent with what
many other states do. We have
20 had some awkward moments when people have
had, what,
21 20 attempts or something
like that.
22 DR. QUINN: 15, 19.
23 DR. BAEPLER: Yeah.
Marginal people,
24 but technically meet all of our
requirements, and
25 this kind of cleans it up. It makes us pretty much
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1 like most states.
2 DR. QUINN: It does.
My memorandum
3 states that with respect to the seven-year
time
4 limit, the
overwhelming majority of states adopt
5 that, and the majority of 36 states adopt
some limit
6 on the number of attempts to successfully
complete
7 the USMLE.
8 DR. MONTOYA: What I'm hearing is
we
9 want to modify this in two ways. Is there any more
10 discussion on the
eliminating?
11 MS. STOESS: How does this affect an
12 applicant who has
made consideration attempts
13 already?
14 DR. MONTOYA: For consideration today
15 it's not going to affect them. For consideration in
16 three months it is going to affect them.
17 DR. BAEPLER: Her question is
18 pertinent though. The ones that are in the
19 pipeline, but not being considered today,
they send
20 in their application, so their application
is
21 received from this date forward.
22 MS. STOESS: That's good.
23 DR. QUINN: I don't think we should
24 put that in the regulation.
25 DR. MONTOYA: No, no.
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1 MS. CASTLEMAN: Does this mean if
2 someone doesn't meet that
criteria, that they can't
3 apply? Or that they can apply,