***MINUTES***
OPEN SESSION BOARD MEETING
Held in the
Conference Room of the
videoconferenced
to
the
2295 B Renaissance Drive,
and
Board Members Present
Stephen K. Montoya, M.D., President
Joel N. Lubritz, M.D., Vice President
Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer
Marlene J. Kirch
Sohail U. Anjum, M.D.
Javaid Anwar, M.D.
Charles N. Held, M.D.
Jean Stoess, M.A.
Board Members Absent
Cheryl A. Hug-English, M.D.
Staff Present
Drennan
A. Clark, J.D., Executive Secretary/Special Counsel
Laurie L. Munson, Deputy Executive Secretary/
Information Systems Administrator/Chief of Administration
Stephen D. Quinn, General Counsel
Edward O. Cousineau, Deputy General Counsel
Lynnette L. Krotke, Chief of Licensing
Douglas C. Cooper, Chief of Investigations
Trent S. Hiett, Investigator (present in Las Vegas)
Also Present
Charlotte M. Bible, J.D., Chief
Deputy Attorney General
Peter Mansky, M.D., Executive Director, Nevada Health Professionals Assistance
Foundation
Roger Belcourt, M.D., Nevada Health Professionals Assistance Foundation
Bradley J. Thompson, M.D., Nevada Health Professionals Assistance Foundation
(in Las Vegas)
John B. Lanzillotta, P.A.-C, Physician Assistant Advisory Committee Member (in
Las Vegas)
Michael J. Garcia, R.R.T., Practitioner of Respiratory Care Advisory Committee
Member (in
Steven E. Kessinger, C.R.T.,
Practitioner of Respiratory Care Advisory Committee Member
Mailing Address:
Physical Address:
(775) 688-2559 • Fax (775) 688-2321
E-mail: nsbme@medboard.nv.gov • Website: www.medboard.nv.gov
(NSPO Rev- 3-03)
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 2 of 24
Agenda Item 1
CALL TO ORDER AND ANNOUNCEMENTS - Stephen K. Montoya, M.D.,
President
The meeting was called to order by Stephen K. Montoya, M.D.,
President, at
Dr. Montoya welcomed new Board members Charles N. Held, M.D.
and Jean Stoess, M.A. to the Board.
Dr. Held gave a history of his professional background,
followed by Ms. Stoess, Mrs. Kirch, Dr. Anwar, Mr.
Quinn, Dr. Montoya, Ms. Bible, Dr. Lubritz, Mr. Cousineau, Dr. Baepler, Dr.
Anjum, Mr. Clark, Mr. Cooper and Ms. Munson.
Agenda Item 3
PERSONNEL
Open Session
- Introduction of New Board Staff
Mr. Cooper introduced the Board's new Investigators, Heather
I. Higgins and Terri L. Ward, to the Board, and each provided a brief history of
her education and professional background. Mr. Cooper then introduced Pamela J.
Castagnola, Lead Investigator, to the new Board
members.
Agenda Item 2
APPROVAL OF MINUTES
-
Mrs. Kirch moved to approve the minutes of the May 17, 2004
Emergency Telephone Conference Call Board Meeting - Open Session, and the
Minutes of the June 4 & 5, 2004 Board Meeting - Open/Closed Sessions. Dr. Anwar seconded the motion, and it passed, with Ms. Stoess
abstaining from the vote and the Chair voting in favor of the motion.
Agenda Item 4
CONSIDERATION AND APPROVAL OF 2003-2004 AUDIT BY SOLARI
& STURMER - Representative(s) of Solari & Sturmer
Dr. Baepler stated he had reviewed the audit, it contained
no surprises, and he is pleased with it. The audit did point out that the
Board's revenues are not quite keeping up with expenses, in that the Board is
using up some of its reserves, but that was the intent when the Board lowered
the licensing fees. This is something he will review for possible action by the
Board at the December meeting, but he feels the Board's reserves are adequate
for an operation of its size.
Dr. Montoya stated the recommendations made by the auditors
will be implemented within the next few months, and there is nothing difficult
to implement. He then thanked the auditors for their efforts and suggestions.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 3 of 24
Motion by Dr. Baepler to approve the
audit. Dr. Anjum seconded the motion, and it passed unanimously, with
the Chair voting in favor of the motion.
Agenda Item 5
COMMITTEE REPORT ON BOARD'S PUBLIC SERVICE ANNOUNCEMENT
PROGRAM - Stephen K. Montoya, M.D., President; Marlene J. Kirch, Board Member; Drennan A. Clark, J.D., Executive Secretary/Special Counsel
Dr. Montoya explained that the new advertising spots will
include some of the Board members and the message will be that the Board is here
to help its licensees and the public. The Nevada Broadcasters Association will
be filming sometime during the next quarter.
Agenda Item 6
- Robert D. Fisher, President and CEO -
Mr. Clark told the Board that the State Board of Examiners
approved the one-year contract with the Nevada Broadcasters Association. Nevada
Broadcasters has asked three television stations in
Dr. Montoya stated this is one of the Board's efforts to
take care of its public relations responsibilities. He is also attending Clark
County Medical Society meetings and some of the Nevada State Medical
Associations meetings to represent the Board, and Tony is
getting out to some places also.
Agenda Item 9
DISCUSSION, CONSIDERATION AND APPROVAL OF
SETTLEMENT AND WRITTEN SETTLEMENT AGREEMENT IN
- Donald H. Baepler, Ph.D., D.Sc.,
Secretary-Treasurer, Chairman, Investigative Committee A
Dr. Baepler stated he believes the settlement reaches the
objectives of the Investigative Committee. Dr. Wagner would reimburse the Board
$1,089 for expenses incurred in the investigation and prosecution of the case
and would accept a disciplinary action of a public reprimand. This is a
disciplinary action involving record-keeping and the penalty imposed by the
Board should it go to hearing would probably be the same, so this saves the
additional time and expense of conducting a hearing.
Dr. Lubritz added the surgical procedure was not wrong, but
other matters in the case necessitated a sanction.
Motion by Mrs. Kirch to approve the
settlement agreement. Dr. Anjum seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 4 of 24
Agenda Item 10
DISCUSSION AND APPROVAL OF LEGISLATIVE INITIATIVES FOR 2005
LEGISLATIVE SESSION AND DISCUSSION AND APPROVAL OF RECOMMENDATIONS OF FSMB
AUDIT REQUIRING LEGISLATION
- Drennan A. Clark, J.D.,
Executive Secretary/Special Counsel
Dr. Baepler suggested that in the interest of saving time
and streamlining the process, the Executive Committee review the list of
initiatives and select those the Board should pursue and present them to the
Board at the December meeting for full approval.
Dr. Montoya stated he would like to know if any Board
members had objections to any of the initiatives and that he would take them in
order.
Dr. Baepler stated the first initiative was due to a
legislative change in the last session, which was a mistake, and this is one
the Board should introduce to return it to its original state.
Dr. Montoya asked if there were any objections to this
initiative, and none were voiced.
Dr. Baepler stated that in his opinion, the second and third
initiatives are demeaning to the profession; that it is demeaning to ask
prospective physicians to be fingerprinted and to run a criminal background
check on them, when they have already been screened over and over throughout
their education, etc. The Board has to create an environment that will attract
physicians to the state and he does not see a reason to implement those
initiatives, as there has never been a case where the Board has granted a
license and then regretted it because it discovered a licensee had a criminal
record.
Mr. Clark stated that 17 other states require fingerprinting
and a criminal background check, and that the Nevada State Board of Osteopathic
Medicine went to the Legislature during the last session for legislation
allowing FBI fingerprinting of all Osteopaths.
Dr. Lubritz, Dr. Montoya, Dr. Anjum and Dr. Held all voiced
the opinion that it is demeaning to ask every physician who applies in Nevada
to undergo a criminal background check. Ms. Stoess stated she was in favor of
it and Mrs. Kirch stated she didn't know if it would be demeaning as she has
been through that kind of check as a banker and it wasn't a big deal. Dr. Anwar stated he felt it was unnecessary.
Motion by Dr. Baepler not to proceed
with initiatives two and three. Dr. Held seconded the motion, and it passed,
with Mrs. Kirch and Ms. Stoess opposed and the Chair voting in favor of the
motion.
Dr. Montoya stated that the fourth initiative would require
H.M.D.s to be licensed in the state of
Mr. Clark explained that currently the only statutory
requirement for H.M.D.s is that they at one time had an M.D. or D.O. license in
some state, not that it be current or that it be in Nevada, and there have been
situations where dual-licensed H.M.D./M.D.s have come
before the Board on a complain and stated they were only practicing in their
H.M.D. capacity, not in their M.D. capacity. This initiative would better
protect the public, and ensure currency, by giving the Medical Board or
Osteopathic Board jurisdiction over H.M.D.s. by requiring them to be licensed
as an M.D. or a D.O. in the state of
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 5 of 24
Dr. Montoya agreed that if they had
After further discussion, Dr. Montoya stated the consensus
of the Board is to pursue the fourth initiative.
Dr. Montoya stated that the fifth initiative provides that
the Investigative Committee could issue warnings to concerning non-punitive
admonishment to licensees the Committee believes had violated, is violating, or
is about to violate a provision of Chapter 630, and it is something he has
wanted since he began with the Board.
Dr. Baepler stated the Investigative Committee used to send
private letters of concern to licensees pointing out conduct of the licensee
they were concerned with, but stating they were not going to pursue
disciplinary action. It was later ruled impermissible under the statutes, which
is arguable, but on the advice of counsel, the practice was discontinued.
Mr. Clark explained that during the last legislative
session, the Board was given authority to send letters of concern. Under the
statute, the Board is the only entity that can send the letter, not the
Investigative Committees. The purpose of this initiative is to clarify the
authority for the Investigative Committees to send private letters of concern.
Discussion ensued concerning the manner in which the letters
of concern could be issued and the authority to do so. Ms. Bible stated that
there has been a request for an Attorney General Opinion on this issue, which
is still in the review stage, and the concern is that the statute provides that
the Board shall issue the letter and in other provisions in the statute it
provides explicit authority for the Investigative Committee to do certain
things, which indicates an intent in the statute that there are distinct duties
of the Board and of the Investigative Committees. However, if it is determined
that issuing letters of concern is within the investigative realm of the
Investigative Committee, it should be covered under current statutes which say
that all investigative files are confidential until a formal complaint is
filed, and in that respect it could remain a confidential document.
Dr. Lubritz stated the ability of the Investigative
Committees to send private letters of concern is a valuable tool and if the
statute as currently written can be interpreted that the Investigative
Committees have that authority, he would hate to lose that by asking the
Legislature for clarification. Dr. Anjum agreed.
After further discussion concerning the pending Attorney General
Opinion and whether the Board should request clarification, Dr. Montoya stated
the consensus was for the Board to pursue the fifth initiative.
With respect to the sixth initiative, Dr. Anwar stated the primary function of a medical dental
screening panel is to act as a triage body and the former panel did not serve
that function, so unless the panel will serve a meaningful purpose, it should
not be recreated.
Dr. Montoya stated he would like to see the medical
screening panel recreated, preferably with some teeth, and Dr. Lubritz, Dr.
Anjum, Dr. Held, Ms. Stoess and Mrs. Kirch concurred. Dr. Baepler suggested the
new panel could be given a budget for investigative and
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 6 of 24
administrative staff. Dr. Montoya
stated the consensus of the Board was to go forward with the sixth initiative.
Mr. Clark suggested the Board not consider the seventh
initiative at this time, as staff is working on a new brochure, which will be
brought to the Board for review at the December meeting.
Dr. Montoya stated the eighth initiative would require
physicians to display written notice in their offices informing patients of the
right to a copy of their medical records at a reasonable copying cost, and that
regulations allow the Board to discipline a physician who fails to display the
notice or provide copies to the patient. There is already a law that requires
physicians to inform patients of their right to a copy of their medical records
and to provide them with a copy of their records if requested.
Dr. Baepler stated he did not see an urgent need for this,
as the Board receives very few complaints from people who have not been able to
obtain their medical records.
Ms. Bible stated the Board already has a provision for
disciplinary action for failing to produce medical records.
Dr. Montoya stated the consensus of the Board was not to go
forward with the eighth initiative.
Dr. Montoya stated the ninth initiative would require
physicians to take continuing medical education in pain management and
end-of-life care.
Dr. Anwar asked whether this was
something that requires legislation or something the Board could accomplish on
its own.
Mr. Clark told the Board that the office had receives missives
against this initiative from Dr.
Dr. Havins of the Clark County Medical Society stated he
also sent the Board e-mails he received from Dr. Max Doubrava and Bob Shreck,
and that his opinion is that the Board could add this requirement by regulation
but it would be unnecessary and imprudent to put it into statute.
Larry Matheis of the Nevada State Medical Association stated
the only time the Legislature has specifically mandated continuing medical
education was in AB 250, concerning bioterrorism. He said the Board has
traditionally taken the position that rather than specifying particular
continuing medical education, it be left to the individual physicians to
determine, which he thinks has been a wise policy.
Ms. Bible stated the continuing medical education
requirements are set forth by regulation under NAC 630.153, so the Board could
just add to that if it wanted to go forward with it.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 7 of 24
Agenda Item 7
REQUEST FOR APPROVAL TO PRACTICE OUTSIDE OF THE
- Robert Rand, M. D., License No. LL1319
Karen Selbach, Program Secretary,
Family Practice Residency,
Dr. Rand explained to the Board his intention to moonlight
probably one weekend shift per month in some of the rural northern
Dr. Montoya asked Family Practice Residency Program
Secretary Karen Selbach how residents are monitored
while moonlighting. She explained that the residents are required to turn in a
time sheet and check with the residency director to confirm where they are
working and to ensure it does not interfere with their required rotation.
Dr. Baepler stated the policy of the Board that prohibits
moonlighting was at the request of the medical school, and the medical school
now seems to be shifting its position.
Motion by Dr. Baepler to allow Dr. Rand to
moonlight in
Agenda Item 8
DISCUSSION, CONSIDERATION AND APPROVAL OF SETTLEMENT AND
WRITTEN SETTLEMENT AGREEMENT, INCLUDING BRIEF APPEARANCE BY DR. GIARRUSSO
AND/OR COUNSEL, IN NEVADA STATE BOARD OF MEDICAL EXAMINERS VS. KAREN A.
GIARRUSSO, M.D., BOARD CASE NO. 04-10526-1
- Stephen D. Quinn, J.D., General Counsel
Karen A. Giarrusso, M.D. appeared before the Board with her
counsel, Anthony Sgro. Mr. Sgro stated that from their perspective, they are
here to conclude the settlement agreement Dr. Giarrusso entered into, executed
and has been lived by since May of this year, and as a result of this
conclusion, the restrictions on Dr. Giarrusso's license should be lifted.
Additionally, there is now an issue with the website information on Dr. Giarrusso,
which they have not been able to correct. Mr. Sgro gave a Powerpoint
presentation to the Board outlining Dr. Giarrusso's position with respect to
the allegations against her and the events surrounding the complaint filed
against her.
Dr. Giarrusso stated she had been proactive in trying to
resolve the matter with the Board prior to the filing of the complaint against
her, and that she had not been avoiding or ignoring the Board.
Dr. Montoya asked Dr. Giarrusso what she wanted from the
Board at this point, and she stated she would like all false information
concerning her expunged from the website and the National Practitioner
Database.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 8 of 24
Discussion ensued concerning the settlement agreement, the
amended settlement agreement, and the urine sample that Dr. Giarrusso refused
to give which gave rise to the complaint filed in this matter.
Counsel for the Board and counsel for Dr. Giarrusso then
engaged in discussion concerning the status of the original settlement
agreement.
Discussion returned to the amended settlement agreement and
the changes therein from the original.
The matter was then tabled pending additional information
from the parties.
Agenda Item 14
REPORTS
Diversion Program - Quarterly Report - Peter Mansky, M.D.,
Medical Director
Physician Assistant Advisory Committee - John B.
Lanzillotta, P.A.-C, and Dan Hickey, P.A.-C, Advisory Committee Members
Practitioner of Respiratory Care Advisory Committee - Steven
E. Kessinger, C.R.T., Advisory Committee Member Investigative Committees -
Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer, Chairperson Joel N.
Lubritz, M.D., Chairperson
- Consideration of Cases Recommended for Closure by the
Committees
Status of Investigative Case Load
-
- Secretary-Treasurer - Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer
Consideration of Approval of Final Budget for Fiscal Year
2004 - 2005
- Status of Finances
Diversion Program: Quarterly Report - Peter Mansky, M.D.,
Medical Director,
Peter Mansky, M.D. distributed a report to Board members. He
told the Board that until he is licensed, he is the Executive Director and Brad
Thompson will remain Medical Director of the Foundation. Once he is licensed,
Dr. Mansky will become the Medical Director. Roger Belcourt is the incoming
President and Tim Coughlin will be the immediate past President. Dr. Jerry Cade will be their Vice President, Arne Rosencrantz their
Secretary, and Dr. Jerry Jackson their Treasurer. He told the Board what
attracted him most to the
Dr. Montoya thanked Dr. Mansky for coming and thanked Dr.
Thompson for all of his hard work.
Dr. Lubritz asked for future reference whether it was
generally accepted or not accepted that when a physician refuses to give a
sample he/she is guilty until proven innocent, and discussion ensued concerning
the procedure for collection of specimens.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 9 of 24
- Physician Assistant Advisory Committee — John B.
Lanzillotta, P.A.-C;
John B. Lanzillotta, P.A.-C addressed the fourteenth
initiative on the list of proposed legislative initiatives before the Board,
and stated that he is requesting an additional change to NRS 440.380 to add
physician assistants to the list of those who can sign death certificates if
delegated authority to do so by a physician.
Dr. Montoya stated that seeing no objections from Board
members, the Board will advocate for the addition.
Dr. Baepler asked for clarification as to whether the
Physician Assistant Advisory Committee was asking the Board to propose these
initiatives or merely support them if someone else proposes them, and Mr.
Lanzillotta stated they were asking the Board to get the bills drafted.
Mr. Lanzillotta then informed the Board that Physician
Assistant Advisory Committee member Nancy Munoz has advised him she would be
resigning from the Committee. He asked the Board to allow he
and Physician Assistant Advisory Committee member Dan Hickey to screen an
applicant for the Board's approval at the December meeting. Dr. Montoya said
that would be acceptable.
- Practitioner of Respiratory Care Advisory Committee —
Steven E. Kessinger, C.R.T.
Steven E. Kessinger, C.R.T. asked the Board if temporary
licenses could be issued to respiratory care practitioners who want to work in
Ms. Krotke explained that when a physician applies for a
temporary, or locum tenens license, he or she goes through basically the same
process as for obtaining an unrestricted license to practice. She doesn't know
how to make the process any quicker for practitioners of respiratory care to
get license, but suggested if a practitioner of respiratory care has in inkling
he or she wants to work in the state, he or she should start the process as
soon as possible.
Mr. Kessinger then asked what could be done to assist
individuals who have passed the national board exam and are awaiting the report
from the National Board of Respiratory Care, who can no longer work as a
student, since they have passed the exam, but also cannot practice as an RCP
because they have no proof they have passed the exam.
Mrs. Krotke stated that as far as the Board is concerned,
those individuals are considered interns until the Board receives notification
of the passage of the test, and can continue to work under the constraints of
an intern until they are transitioned into a full license.
Mr. Kessinger then asked if the Board will be discussing the
possibility of lowering the fees for licensing of practitioners of respiratory
care.
Dr. Baepler stated the Board would be meeting in December to
analyze the fee structure for the upcoming biennium.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 10 of 24
Mr. Kessinger described the situation with respiratory
therapists who work in facilities where they draw arterial blood gasses and
analyze them and are required to obtain a separate license for that work from
the State Board of Health. Since the current practice act allows respiratory
therapists to draw blood for any type of analysis, they believe that work
should be covered under their licensure with the Nevada State Board of Medical
Examiners and they should not be required to obtain a separate license, at an
additional cost.
Michael J. Garcia, R.R.T., stated the Advisory Committee is
asking the Board not only to support the respiratory therapists in this
request, but also to propose it in the Legislature.
Mr. Kessinger requested authorization from the Board to
increase the number of Advisory Committee members from three to five. Mr.
Garcia stated the Nevada Administrative Code would have to be amended to allow
it. Dr. Montoya stated the Board would support that.
INVESTIGATIVE COMMITTEES – Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer, Chairperson
Joel N. Lubritz, M.D., Chairperson
- Consideration of Cases Recommended for Closure by the
Committees
Status of Investigative Case Load
- Consideration of Cases Recommended for Closure by
Committees
Dr. Baepler reported that Investigative Committee A
considered 82 cases, authorized filing formal complaints in 4 cases,
appearances were requested in 4 cases, 5 cases were referred out for peer
review, 4 cases were referred back to investigative staff for further
investigation and 65 cases were recommended for closure.
Mr. Cooper explained how cases are assigned to the
Investigative Committees and stated they would attempt to bring all complaints
against the same licensee before the same Investigative Committee. He reported
the current Investigations caseload at 542 open cases, with 109 statewide civil
court filings for malpractice not yet opened. With the addition of two
Investigators, the caseload per Investigator is now 77. Currently, one in every
six cases goes to peer review.
Dr. Lubritz reported that Investigative Committee B
considered 67 cases, authorized filing formal complaints in 7 cases, 1 case was
sent out for peer review, appearances were requested in 4 cases, 4 cases were
referred back to investigative staff for investigation and 51 cases were
recommended for closure.
Discussion ensued concerning peer reviews.
Secretary-Treasurer - Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer - Consideration of Approval of
Final Budget for Fiscal Year 2004-2005
Dr. Baepler stated that it is very difficult to show a
budget for revenues and expenditures balance because the Board is on a biennial
licensing cycle and money is collected from licensees every two years. So one
year there will be a lot of revenue and a surplus at the end of the year and
the next year when there is only revenue from new applicants there will be a
large deficit, which is made up by the surplus revenue from the previous year.
In December the
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 11 of 24
biennial budget will be presented which
shows a pattern of projected revenue and expenditures for two years and that is
a more meaningful document. But currently the Board is being asked to consider
the annual budget for fiscal year 2004-2005.
Mrs. Kirch moved that the Board approve the budget as
presented. Dr. Held seconded the motion and it passed unanimously, with the
Chair voting in favor of the motion.
Agenda Item 8 (CONTINUED)
DISCUSSION, CONSIDERATION AND APPROVAL OF SETTLEMENT AND
WRITTEN SETTLEMENT AGREEMENT, INCLUDING BRIEF APPEARANCE BY DR. GIARRUSSO
AND/OR COUNSEL, IN NEVADA STATE BOARD OF MEDICAL EXAMINERS VS. KAREN A.
GIARRUSSO, M.D., BOARD CASE NO. 04-10526-1
- Stephen D. Quinn, JD., General
Counsel
Dr. Montoya stated that legal counsel for the Board and Dr.
Giarrusso were able to reach a settlement outside
while the Board was in session, and therefore he would like to reconsider what
was tabled earlier.
Ms. Bible stated that what Dr. Giarrusso wants is for the
detailed information concerning the complaint that is currently on the Board's
website be deleted and what would be left on the website is that a complaint
was filed, a settlement reached, the complaint was dismissed, the suspension
rescinded and lifted, and the license reinstated. Additionally, on the page of
the website that lists disciplinary actions, it sets forth that a compliant was
filed and a suspension issued, and she would like her name removed from that
section. Dr. Giarrusso also wants her name removed from the National
Practitioner Databank and the only way to do so would be for the Board to say
they entered it by mistake, and Ms. Bible told them she couldn't recommend that
to the Board, so they agreed that the Board would report to the National
Practitioner Databank that a settlement agreement was entered, the complaint
dismissed, the suspension was lifted and the license reinstated, and if there
is now a condition on her license, a description of the condition. Lastly,
there is the issue of how the Board handles the condition that she was to have
random drug tests for a period of 60 to 90 days, no later than September 28,
which she apparently submitted to.
Discussion ensued concerning the details of drafting the
settlement documents and obtaining the Board's approval of it. Ms. Bible and
Mr. Sgro agreed to prepare a new settlement agreement and bring it back to the
Board after the lunch break.
RECESS
Dr. Montoya recessed the meeting for lunch at
RECONVENE
Dr. Montoya reconvened the meeting at
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 12 of 24
Agenda Item 11
CONSIDERATION OF INCREASING JURISDICTION OF LICENSE
APPLICATION AND MALPRACTICE REVIEW COMMITTEE
- Stephen K. Montoya, M.D., President
Dr. Montoya stated the License Application and Malpractice
Review Committee is currently considering applicants who have had malpractice
claims of $200,000 or less against them, and he would like to see the amount
raised to at least double that in order to lessen the load on the full Board.
Dr. Anjum suggested that rather than putting a limit on the
amount of money, the Board could adjust the parameter of cases that are seen by
the Committee.
Discussion ensued concerning how the Board could increase
the number of cases seen by the Committee.
Motion by Dr. Lubritz to raise the
jurisdictional limits for the License Application and Malpractice Review
Committee to $500,000. Dr. Baepler seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Agenda Item 12
AMENDMENTS TO
Stephen D. Quinn, J.D., General Counsel; Edward O.
Cousineau, Deputy General Counsel
- Consideration of Amendment to NAC 630.080, Concerning the
Number of Times an Applicant
Can Take the USMLE to Pass and How Many Years an Applicant
Has to Pass All Three Steps - Consideration of Amendment to NAC 630.154,
Concerning Continuing Education Relating to
Bioterrorism and Weapons of Mass Destruction
- Approval of Update to Model Guidelines for the Use of
Controlled Substances for the Treatment of Pain, published by the Federation of
State Medical Boards of the
United States, Inc. (NAC 630.187)
Consideration of Amendment to NAC 630.154, Concerning
Continuing Education Relating to Bioterrorism and Weapons of Mass Destruction
Mr. Cousineau stated he had received an e-mail from Dr. Greg
Juhl requesting information concerning the bioterrorism/weapons of mass
destruction continuing medical education requirement, and he has received other
inquiries as well. His response to Dr. Juhl was to assist him with the Nevada
Administrative Code and explained there is not a lot of "wiggle room"
to deviate from the specified types of training that meet the requirement. Dr.
Juhl asked Mr. Cousineau if he would request that the Board contemplate
possible expansion of the parameters to meet the CME requirement. Additionally,
Dr. Juhl wants to know if a letter from a residency director stating that he
attended "X" hours of this training would be sufficient to meet the
requirements.
Mr. Clark pointed out that the statute specifically sets
forth the requirements, which the Board then adopted into the regulation, and
while the Board can amend its regulations, the regulations still must comply
with the statutory direction.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 13 of 24
Larry Matheis suggested it would be possible for the Board
to add a number "3" to the list of acceptable training that would
fulfill the requirement.
Discussion ensued concerning how the regulation could be
amended to allow for alternate training which would comply with the statutory
requirements.
Dr. Montoya stated he would leave the language to the
attorneys, but it would have to be approved.
Consideration of Amendment to NAC 630.080, Concerning the
Number of Times an Applicant Can Take the USMLE to Pass and How Many Years an
Applicant has to Pass All Three Steps
Mr. Clark stated that at the last meeting there were a
number of applicants for resident licenses who took the USMLE several times
over several years before passing, one of whom took the USMLE 19 times over a
period of 15 years before passing, and Dr. Hug-English suggested that the Board
revisit the regulation concerning the requirements for passage of the USMLE.
Following that meeting he sent the Board a list of what other states are doing
on this issue, and the majority of them indicate they require all three steps
passed in five attempts within seven years; ten years if an applicant is
concurrently working toward his or her Ph.D. He is now asking the Board if they
want to revisit the regulation to re-impose a time limit and also a limit on
the number of times an applicant can sit for the examination.
Discussion ensued concerning whether to impose a limit on
the number of attempts and the number of years within which all steps must be
passed, and the fairness of the numbers.
Dr. Lubritz moved that NAC 630.080 be amended to include the
provision that all three steps of the USMLE must be passed in five attempts
within seven years, or five attempts in ten years if
the applicant is concurrently in a Ph.D. program. Mrs. Kirch seconded the
motion, and it passed unanimously, with the Chair voting in favor of the
motion.
- Approval of Update to Model Guidelines for the Use of
Controlled Substances for the Treatment of Pain, published by the Federation of
State Medical Boards of the United States, Inc. (NAC 630.187)
Dr. Baepler moved that the Board approve the updates to the
Model Guidelines for pain management. Mrs. Kirch seconded the motion, and it
passed unanimously, with the Chair voting in favor of the motion.
Agenda Item 19
APPEARANCES FOR CONSIDERATION OF ACCEPTANCE OF APPLICATIONS
FOR LICENSURE
Dr. Baepler moved to go into Closed Session to discuss the
character and professional competence of applicants for licensure approval. Dr.
Anjum seconded the motion, and it passed unanimously, with the Chair voting in
favor of the motion.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 14 of 24
CLOSED SESSION
19(a) Jacob Manjooran, M.D.
Upon returning to Open Session, Dr. Baepler moved that the
Board approve Jacob Manjooran, M.D.'s application for licensure. Dr. Anjum
seconded the motion, and it passed, with Mrs. Kirch opposed and the Chair
voting in favor of the motion.
Agenda Item 8 (CONTINUED)
DISCUSSION, CONSIDERATION AND APPROVAL OF SETTLEMENT AND
WRITTEN SETTLEMENT AGREEMENT, INCLUDING BRIEF APPEARANCE BY DR. GIARRUSSO
AND/OR COUNSEL, IN NEVADA STATE BOARD OF MEDICAL EXAMINERS VS. KAREN A.
GIARRUSSO, M.D., BOARD CASE NO. 04-10526-1
- Stephen D. Quinn, J.D., General Counsel
Ms. Bible asked the Board to approve the settlement
agreement executed by the parties on
Dr. Lubritz asked for one modification, and that is with
respect to notification of the National Practitioner Databank. He would like to
change the wording to, "the Board shall notify or advise." Mr. Sgro
indicated they had no problem with that change.
Dr. Lubritz moved that the request previously described by
Ms. Bible be incorporated into a motion. Dr. Held seconded the motion, and it
passed, with the Chair abstaining from the vote.
Agenda Item 19 (CONTINUED)
APPEARANCES FOR CONSIDERATION OF ACCEPTANCE OF APPLICATIONS
FOR LICENSURE
Dr. Lubritz moved to go into Closed Session to discuss the
character and professional competence of applicants for licensure approval.
Mrs. Kirch seconded the motion, and it passed unanimously, with the Chair voting
in favor of the motion.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 15 of 24
CLOSED SESSION
Michael Thomas, M.D.
Upon returning to Open Session, Dr. Anwar
moved that the Board approve Michael Thomas, M.D.'s application for licensure
pending successful passage of a peer review. Dr.
Lubritz seconded the motion, and it passed unanimously, with
the Chair voting in favor.
Mrs. Kirch moved to return to Closed Session for the same
purposes stated before. Dr. Anwar seconded the
motion, and it passed unanimously.
David Justis, M.D.
Upon returning to Open Session, Dr. Lubritz moved to grant
David Justis, M.D.'s application for licensure. Dr. Anwar
seconded the motion, and it carried unanimously, with the
Chair voting in favor of the motion.
Mrs. Kirch moved to return to Closed Session for the same
purposes stated before. Dr. Anwar seconded the
motion, and it passed unanimously.
Karen Abbott, M.D.
Upon returning to Open Session, Dr. Baepler moved to grant
Karen Abbott, M.D.'s application for licensure. Dr. Lubritz seconded the
motion, and it passed, with the Chair opposed to the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Mrs. Kirch seconded the
motion, and it passed unanimously.
Romeo Rosales, P.A.-C
Upon returning to Open Session, Dr. Anjum moved to grant
Romeo Rosales, P.A.-C's application for licensure. Ms. Stoess seconded the
motion, and it carried unanimously, with the Chair voting in favor of the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Mrs. Kirch seconded the
motion, and it passed unanimously.
Alexander Kim, M.D.,
Upon returning the Open Session, Dr. Held moved to grant
Alexander Kim, M.D.'s application for licensure. Dr. Baepler seconded the
motion, and it passed, with Dr. Lubritz abstaining from the vote and the Chair
voting in favor of the motion.
Mrs. Kirch moved to return to Closed Session for the same
purposes stated before. Dr. Anjum seconded the motion, and it carried
unanimously.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 16 of 24
19(q) Michael Huff, C.R.T.
Upon returning to Open Session, Dr. Anjum moved to grant
Michael Huff, C.R.T.'s application for licensure. Ms.
Stoess seconded the motion, and it carried unanimously, with the Chair voting
in favor of the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Dr. Anjum seconded the
motion, and it passed unanimously.
Mary Kenny-Moynihan, M.D.
Upon returning to Open Session, Dr. Baepler moved that the
Board decline to exercise its discretion to grant licensure by endorsement to
Mary Kenny-Moynihan, M.D. Mrs. Kirch seconded the
motion, and the motion carried unanimously, with the Chair voting in favor of
the motion.
Dr. Baepler moved to grant Mary Kenny-Moynihan's
application for licensure pending successful completion of a peer review. Mrs.
Kirch seconded the motion, and it carried unanimously, with the Chair voting in
favor of the motion.
Mrs. Kirch moved to return to Closed Session for the same
purposes stated before. Dr. Anwar seconded the
motion, and it passed unanimously.
Angela Adelman, M.D.
Upon returning to Open Session, Dr. Anjum moved that the
Board approve Angela Adelman, M.D.'s application for
licensure. Mrs. Stoess seconded the motion, and the motion carried unanimously,
with the Chair voting in favor of the motion.
Mrs. Kirch moved to return to Closed Session for the same
purposes stated before. Dr. Baepler seconded the motion, and it passed
unanimously.
Stephen Viess, M.D.
Upon returning to Open Session, Dr. Anjum moved that the
Board grant Stephen Viess, M.D.'s application for
licensure. Dr. Anwar seconded the motion, and the
motion carried unanimously, with the Chair voting in favor of the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Mrs. Kirch seconded the
motion, and it passed unanimously.
Nicholas Vogelzang, M.D.
Upon returning to Open Session, Dr. Baepler advised Dr.
Vogelzang that since he passed a peer review after applying for licensure by
endorsement, the Board can issue him an unrestricted license rather than one by
endorsement.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 17 of 24
Dr. Vogelzang described his plans for the Nevada Cancer
Institute, where he is the Director.
Dr. Baepler moved that the Board grant Nicholas Vogelzang,
M.D.'s application for licensure. Dr. Anwar seconded
the motion, and the motion carried unanimously, with the Chair voting in favor
of the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Dr. Lubritz seconded the
motion, and it passed unanimously.
19(1) Maria David, M.D.
Upon returning to Open Session, Dr. Anwar
moved to grant Maria David, M.D.'s application for licensure. Dr. Lubritz
seconded the motion, and it passed, with Dr. Held opposed and the Chair voting
in favor of the motion.
Dr. Anjum moved to return to Closed Session for the same
purposes stated before. Dr. Baepler seconded the motion, and it passed
unanimously.
19(m) Arjun Roy, M.D.
Upon returning the Open Session, Mrs. Kirch moved that the
Board grant Arjun Roy, M.D.'s application for
licensure. Dr. Anwar seconded the motion, and the
motion carried unanimously, with the Chair voting in favor of the motion.
Agenda Item 17
LEGAL REPORTS - Stephen D. Quinn, J.D., General Counsel
Edward O. Cousineau, J.D., Deputy General Counsel
Charlotte M. Bible, J.D., Chief Deputy Attorney General -
Board Ordered Terms, Conditions and Probation Status
- Board Litigation Status
Mr. Quinn told the Board he currently has six open
litigation cases which all carry an insignificant threat of exposure to the
Board.
Mr. Cousineau told the Board he has two cases set for
hearing in the litigation phase, six or seven cases being prepared for
presentation to the Investigative Committees, and within the next couple of
weeks he will be filing formal complaints in three cases.
Ms. Bible told the Board she is not handling any litigation
cases for the Board at this time. She invited the Board members to attend the
Boards and Commissions training the Attorney General's Office will be
presenting sometime in October. There will be a class in the north and one in
the south, and she will send them an invitation.
Mr. Quinn stated the Mower case will be going to the Nevada
Supreme Court for decision. It will be interesting to see how the Supreme Court
will rule on the standard of proof to be applied in revocation cases.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 18 of 24
Agenda Item 13
BOARD WEBSITE: WWW.MEDBOARD.NV.GOV REPORT
Laurie L. Munson, Deputy Executive Secretary/Information Systems
Administrator - Status of Addition of Licensees' Educational History to
Licensee Search Module - Consideration of Additions to Website
Ms. Munson provided the Board members with a handout listing
proposed additions to the website and outlined them for the Board.
Dr. Lubritz moved to add all proposed additions with the
exception of proposed addition number 3, which was to add a short bio and photo
of each Board member. Mrs. Kirch seconded the motion, and it passed
unanimously.
Agenda Item 14 (CONTINUED)
REPORTS
- Diversion Program - Quarterly Report - Peter Mansky, M.D.,
Medical Director
- Physician Assistant Advisory Committee - John B.
Lanzillotta, P.A.-C, and Dan Hickey, P.A.-C, Advisory Committee Members
- Practitioner of Respiratory Care Advisory Committee -
Steven E. Kessinger, C.R.T., Advisory Committee Member - Investigative
Committees - Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer, Chairperson
Joel N. Lubritz, M.D., Chairperson
- Consideration of Cases Recommended for Closure by the
Committees
- Status of Investigative Case Load
Secretary-Treasurer - Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer
- Consideration of Approval of Final Budget for Fiscal Year
2004 — 2005
- Status of Finances
INVESTIGATIVE COMMITTEES — Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer, Chairperson
Joel N. Lubritz, M.D., Chairperson
- Consideration of Cases Recommended for Closure by the
Committees
Status of Investigative Case Load
- Consideration of Cases Recommended for Closure by
Committees
Dr. Lubritz moved to approve for closure the cases
recommended by the Investigative Committees. Mrs. Kirch seconded the motion,
and the motion carried unanimously, with the Chair voting in favor of the
motion.
Agenda Item 16
EXECUTIVE STAFF REPORTS
Drennan A. Clark, J.D., Executive
Secretary/Special Counsel
- Consideration of Request for Staff Attendance at
Educational Meetings
- Status of Staff Additions and Board Office Space
- Consideration of Approval of Revised Salary and Benefits
Policy and Staff Appraisal Form, and New Fraud Policy
- Informational Items
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 19 of 24
- Consideration of Request for Staff Attendance at
Educational Meetings
Mr. Clark requested authority for Ms. Munson and he to
attend the Administrators in Medicine (AIM) 2004 Western Regional meeting in
Santa Fe, New Mexico, on September 23-24, 2004; and for Ms. Munson, Mr. Quinn,
Mr. Cousineau, Mr. Cooper, Ms. Krotke and he to attend one of the FSMB two-day
workshops on Promoting Balance and Consistency in the Regulatory Oversight of
Pain Care. He suggested that any Board members wishing to attend should do so
as well. He also advised the Board of the Citizen Advisory Committee program in
Dr. Baepler moved to authorize attendance at the
aforementioned educational meetings as discussed. Dr. Held seconded the motion,
and it passed unanimously, with the Chair voting in favor of the motion.
Consideration of Approval of Revised Salary and Benefits
Policy and Staff Appraisal Form, and New Fraud Policy
Mr. Clark summarized the revised Salary and Benefits Policy
and stated the staff performance appraisals would be completed by the end of
every May and presented to the Internal Affairs Committee for review and the
Internal Affairs Committee would make recommendations for salary raises to the
remainder of the Board at the June Board meeting.
Mrs. Kirch moved to approve the revised Salary and Benefits
Policy and Staff Appraisal Form. Dr. Held seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Mr. Clark summarized the new Fraud Policy, and told the
Board it was drafted in response to a recommendation by the Board's auditors
that the Board have such a policy in place.
Mrs. Kirch moved to approve the new Fraud Policy. Dr. Anjum
seconded the motion, and it passed unanimously, with the Chair voting in favor
of the motion.
- Status of Staff Additions and Board Office Space
Mr. Clark told the Board the Investigations Division has moved
to the first floor and one of the former Investigator's offices will be
utilized for Board Officers to use when in town. Mr. Cousineau's current office
will be converted to a lounge for Board members where they will be able to
meet, make phone calls or relax whenever they are in the office.
Mr. Clark then told the Board Kasey Miller has resigned and
he would like to hire an administrative support assistant with a salary not to
exceed $26,000, who can assist the Licensing Division with filing, copying, and
other duties until Ms. Krotke hires a replacement for Ms. Miller, and
afterwards the administrative support assistant can assist all divisions with
their work.
Mrs. Kirch moved to authorize Mr. Clark to hire a floater
administrative position. Dr. Baepler seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 20 of 24
Agenda Item 18 LICENSURE RATIFICATION
- Ratification of Licenses Issued, and Reinstatements of
Licensure and Changes of Licensure Status Approved Since the June 4 & 5,
2004 Board Meeting
Dr. Baepler moved to ratify the licenses issued, and
reinstatements of licensure and changes of licensure status approved, since the
June 4 & 5, 2004 Board meeting. Mrs. Kirch
seconded the motion, and it passed
unanimously, with the Chair voting in favor of the motion.
Agenda Item 10 (CONTINUED)
DISCUSSION AND APPROVAL OF LEGISLATIVE INITIATIVES FOR 2005
LEGISLATIVE SESSION AND DISCUSSION AND APPROVAL OF RECOMMENDATIONS OF FSMB
AUDIT
REQUIRING LEGISLATION
- Drennan A. Clark, J.D.,
Executive Secretary/Special Counsel
Discussion ensued concerning the meaning of the tenth
initiative.
Dr. Held moved that the Board not go forward with the tenth
initiative. Dr. Lubritz seconded the motion, and it passed unanimously, with
the Chair voting in favor of the motion.
With respect to the eleventh initiative, Mr. Quinn stated
that NAC 630.190 deals with
false advertising, and it is not
false advertising for an individual to say that he or she is certified by a
particular organization that is not recognized by the listed entities if he or
she has a certificate from that organization.
Discussion ensued concerning what constitutes acceptable certification.
It was the consensus of the Board to not move forward with
the eleventh initiative.
Dr. Held stated the Board should go forward with the twelfth
initiative, and it was the consensus of the Board to do so.
Mr. Clark told the Board that the thirteenth initiative was
a recommendation of the Federation's audit team, but he doesn't think it is
necessary.
It was the consensus of the Board to not move forward with
the thirteenth initiative.
Mr. Clark stated the fifteenth initiative contains recommendations
for clean-up language in existing statutes.
It was the consensus of the Board to go forward with the
first two recommendations, and not go forward with the third.
Ms. Krotke stated the fourth recommendation was made by her
and was due to the fact that the statute requires this from physician
assistants, but not from physicians.
Mrs. Kirch suggested an appearance before the Board rather
than an examination.
Dr. Montoya stated policy would be a better way to handle
this than through legislation.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 21 of 24
Ms. Bible stated if it has general applicability, it should
be by regulation.
Dr. Baepler suggested the language could be that if a
physician has not practiced for a year or more, he or she will be required to
appear before the Board.
Mr. Clark stated that the fifth recommendation was proposed
by Richard Legarza because he thought is was unfair that anyone who had
previously acted as a hearing officer could not be hired by the Board in any
capacity for two years.
Mr. Quinn stated the intent could have been to ensure the
integrity of hearing officers. The consensus of the Board was not to go forward
with the fifth recommendation.
Mr. Clark stated that the sixth and seventh recommendations
are being proposed as a result of the last Board meeting where two very good
applicants who wanted administrative
licenses and would not be
practicing clinical medicine were unable to receive a license without
restrictions due to the current language of the statutes.
It was the consensus of the Board to move forward with this recommendation.
RECESS
Dr. Montoya recessed the meeting at
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 22 of 24
Board Members Present
Stephen K. Montoya, M.D., President
Joel N. Lubritz, M.D., Vice President
Donald H. Baepler, Ph.D., D.Sc., Secretary-Treasurer
Marlene J. Kirch
Sohail U. Anjum, M.D.
Javaid Anwar, M.D.
Charles N. Held, M.D.
Jean Stoess, M.A.
Board Members Absent
Cheryl A. Hug-English, M.D.
Staff Present
Drennan
A. Clark, J.D., Executive Secretary/Special Counsel
Laurie L. Munson, Deputy Executive Secretary/
Information Systems Administrator/Chief of Administration
Stephen D. Quinn, General Counsel
Edward O. Cousineau, Deputy General Counsel
Lynnette L. Krotke, Chief of Licensing
Trent S. Hiett, Investigator (present in Las Vegas)
Also Present
Charlotte M. Bible, J.D., Chief
Deputy Attorney General
RECONVENE
Stephen K. Montoya, M.D., President,
reconvened the meeting at
Agenda Item 19 (CONTINUED)
APPEARANCES FOR CONSIDERATION OF ACCEPTANCE OF APPLICATIONS
FOR LICENSURE
Mrs. Kirch moved to go into Closed Session to discuss the
character and professional competence of applicants for licensure approval. Dr.
Anwar seconded the motion, and it passed unanimously,
with the Chair voting in favor of the motion.
CLOSED SESSION
19(q) Terry Montague, M.D.
Upon returning to Open Session, Dr. Baepler moved that the
Board decline to exercise its discretion to grant licensure by endorsement to
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 23 of 24
Dr. Baepler moved to grant Terry Montague, M.D.'s
application for licensure pending successful completion of a peer review. Dr. Anwar seconded the motion, and it carried unanimously, with
the Chair voting in favor of the motion.
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Mrs. Kirch seconded the
motion, and it passed unanimously.
Amit Garg,
M.D.
Upon returning to Open Session, Mrs. Kirch moved to grant Amit Garg, M.D.'s application for
licensure. Dr. Anjum seconded the motion, and it carried unanimously, with the
Chair voting in favor of the motion.
Dr. Montoya moved to return to Closed Session for the same
purposes stated before. Dr. Jones seconded the motion, and it passed
unanimously.
19(n) Francis Yamazaki, M.D.
Upon returning to Open Session, Dr. Held moved that the
Board decline to exercise its discretion to grant licensure by endorsement to
Francis Yamazaki, M.D. Mrs. Kirch seconded the motion, and the motion carried
unanimously, with the Chair voting in favor of the motion.
Dr. Held moved to grant Francis Yamazaki, M.D.'s application
for licensure pending successful completion of a peer review. Mrs. Kirch
seconded the motion, and it carried unanimously, with the Chair voting in favor
of the motion.
Agenda Item 21 PUBLIC COMMENT
James S. Tate, M.D. commented on the proposed legislative
initiatives and said he would provide the Board with a copy of the statement he
read.
Agenda Item 19 (CONTINUED)
APPEARANCES FOR CONSIDERATION OF ACCEPTANCE OF APPLICATIONS
FOR LICENSURE
Ms. Stoess moved to go into Closed Session to discuss the
character and professional competence of applicants for licensure approval. Dr.
Anwar seconded the motion, and it passed unanimously,
with the Chair voting in favor of the motion.
CLOSED SESSION
Hung-Shing Tsang, M.D.
Upon returning to Open Session, Dr. Held moved that the
Board approve Hung-Shing Tsang, M.D.'s application
for licensure. Dr. Lubritz seconded the motion, and the motion carried
unanimously, with the Chair voting in favor of the motion.
Open Session Minutes
September 10 & 11, 2004 Board Meeting
Page 24 of 24
Dr. Anwar moved to return to
Closed Session for the same purposes stated before. Dr. Lubritz seconded the
motion, and it passed unanimously.
Edwin Flower, M.D.
Upon returning to Open Session, Dr. Anjum moved to approve
Edwin Flower, M.D.'s
application for limited licensure
for residency. Ms. Stoess seconded the motion, and the motion carried unanimously,
with the Chair voting in favor of the motion.
Dr. Baepler moved to return to Closed Session for the same
purposes stated before. Mrs. Kirch seconded the motion, and it passed
unanimously.
Kahmien LaRusch,
M.D.
Upon returning to Open Session, Ms. Stoess moved to approve Kahmien LaRusch, M.D.'s
application for limited licensure for residency. Dr. Lubritz seconded the
motion, and the motion carried unanimously, with the Chair voting in favor of
the motion.
Dr. Montoya expressed concern with the marginal
qualifications of some of the residents who are applying for licensure and the
psychiatry training program specifically.
Dr. Brown described the requirements for the psychiatry
program at the university. Discussion ensued.
Agenda Item 21 (CONTINUED) PUBLIC COMMENT
Agenda Item 20
MATTERS FOR FUTURE AGENDA
Mr. Clark stated the December Board meeting will be in
ADJOURNMENT
Motion by Dr. Anjum to adjourn. Dr.
Anwar seconded the motion, and it passed unanimously,
with the Chair voting in favor of the motion.
Dr. Montoya adjourned the meeting at