Tuesday, April 25, 2023
6:30 pm (PST) via video conferencing thru Zoom
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Meeting ID: 934 2707 4276
Passcode: 938349
PUBLIC BODY: NEVADA BOARD OF HOMEOPATHIC MEDICAL EXAMINERS 1301 Cordone Ave Ste. 126, Reno, NV 89502
NOTICES POSTED: This Notice of Public Meeting and Agenda have been posted before 9:00 a.m. on the third working day prior to the Meeting at the following locations:
Board of Homeopathic Medical Examiners – 1301 Cordone Ave. Reno, NV 89502
Bio Health Center – 615 Sierra Rose #3 Reno, NV 89511
Forsythe Cancer Care Center, 521 Hammill Lane, Reno NV89511
Gerber Medical Clinic – 1225 Westfield Drive, Reno, NV 89509
Nevada Clinic – 3663 Pecos-McLeod Int., Las Vegas, NV 89121
Sierra Integrative Medical Center – 9333 Double R Blvd. Reno, NV 89509
MGNC Nutrition Center- 3315 E Russell Rd A-3 Las Vegas, NV 89120 State of Nevada Board posting site (www.notice.nv.gov)
AMENDED NOTICES AND AGENDA: With regard to any Board meeting, it is possible that an amended notice will be published adding new items to the original agenda. Amended notices will be posted, mailed and/or emailed in accordance with the Nevada Open Meeting Law. (Reposting at least three working days prior to the meeting).
NOTICE:We are pleased to make reasonable accommodations for members of the public who are disabled and wish to participate. If special arrangements are necessary, please call Charles Green at (702)-497-4009 or email at cgreen@nvbhme.org. The supporting documents for this meeting are available by contacting the Secretary-Treasurer of the Board via email CGreen@NVBHME.org or may be obtained from the Board office at 3315 East Russell Rd., Ste. A-3, Las Vegas, NV 89120.
PUBLIC COMMENT:The Board welcomes public comment. It is within the Board’s discretion to take public comment during a public hearing on any agenda item(s). In consideration of others, please avoid repetition and limit your comments to no more than (3) minutes total. No deliberation or action may be taken on a matter not listed on the posted Agenda until the matter has been specifically included on an Agenda as an item.
AGENDA:All Agenda items identified as “For Possible Action” are for discussion and for possible action unless otherwise noted as “For Information Only”.
NOTE: NEVADA BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
- Agenda items may occur out of sequence to accommodate persons appearing before the Board or to aid the efficiency or effectiveness of the meeting,
- Combine items for consideration by the public body; and
- Pull or remove items from the agenda at any time. The Board may convene in closed session to consider the character, alleged misconduct, professional competence or physical or mental health of a person. (See NRS 241.030)
- Prior to commencement and conclusion of a contested case of quasi-judicial proceedings that
may affect the due process rights of an individual, the Board may refuse to consider public comment. (See NRS 233B.1216)
Members of the Board and Staff
Dr. Sean Devlin, President
Charles Green, Secretary-Treasurer
Dr. David Edwards, Member
Kathleen Peele, Member
Joel Bekker, Deputy Attorney General
AGENDA
ITEM # 1.Roll call and determination of a quorum:Dr. Devlin ( 1 min)
ITEM # 2.Approval the April 25, 2023 Agenda Dr. Devlin ( 1 min)
For Possible Action
ITEM # 3 Approval the Minutes of December 21, 2021:Dr. Devlin ( 1 min)
For Possible Action
ITEM # 4.President’s Report:Dr. Devlin ( 5 mins)
For Information Only
ITEM # 5. Public CommentsLimit 3 mins per Person
For Information Only
ITEM # 6. NVBHME Board Panel Interviews
a. Open Session – Board Panel Interview of Dr. Nicole Hujer for Certification as APH
Dr. Devlin & Board Members
For Possible Action – Grant/Deny/Continuance
b. Closed Session – Board Panel Interview of Dr. Erica Soria for Certification as APH
Dr. Devlin & Board Members
For Possible Action to go into Closed Session
Grant/Deny/Continuance
c. Reopen “Open Session” to Vote on Dr. Erica Soria as APH Dr. Devlin & Board Members
For Possible Action
ITEM # 7. Secretary-Treasurer’s Report > Financial/ Membership Mr. Green ( 20 mins)
a. Completed – July 1, 2021 – June 30, 2022 Annual Report For Information Only
b. Membership / Status of New Applicants / Renewals For Information Only i. Discussion of Additions and Recommendations for Improvements to Board’s Website
as follows: For Possible Action
Grant/Deny/Continuance
1. Professional Profile of each HMD, APH and HA (optional)
- Business Office number/location
- Education
- Specialties and Homeopathic Therapies
2. PDF formatting for required documentation/edit/update with secured
Username/Password
3. Implementing use of “DocuSign” / Remote Online Notarization (RON)
- RON services are legal in Nevada after the passing of NV Assembly Bill 413 in December 2018
- Convenience and increased access
- Fraud minimization
- Security and enforceability
4. Addressing New/Annual Notarized “Statement of Supervisory HMD” form for
all APHs/HAs Mr. Green ( 5 mins)
For Possible Action
Grant/Deny/Continuance
- Benefits of notarized forms for NVBHME, Supervising HMDs, APHs and HAs
- Precedent requiring a notarized “Statement of Supervising HMD” long established for all new APH / HA applicants:
- Provides the Board with legally verified documentation
that is beneficial and useful in the Administration’s:
- Maintenance of accurate recordkeeping
- Professional accountability in addressing complaints
- Provides a legal safeguard regarding patient liability
- Streamline – Advantages of “DocuSign” / Remote Online Notarization (RON)
- Suggestions for alternative legal language with same effect as notarization
5. Discussion and possible resolution of the issue regarding the effect of
retirement of supervising HMDs upon the APHs they supervised. For Possible Action
- Discussion and possible resolution of issue regarding establishment of system to track “active” and “inactive” status of licenses and certificates of those who have an unexpected or interim period of inactivity within the current or upcoming year for Renewal Registration.
6. Reminder regarding changes of APH/HA employment or Supervising HMD:
Mr. Green ( 2 mins)
- Board must be notified within 10 days of change
- New “Statement of Supervising HMD” must be resubmitted
ITEM # 8. Discussion of Governor Lombardo’s Executive Orders Mr. Green ( 15 mins)
For Possible Action
(Approval)
- 2023-003 – Order Freezing the Issuance of New Regulations and Requiring a Review of
Existing Regulations by All Executive Branch Agencies, Departments, Boards and
Commissions.
- BOARD’S RECOMMENDATIONS TO GOVERNOR’S OFFICE
- DUE ON OR BEFORE MAY 01, 2023)
- OAG’s Recommendations
- Board Member, Dr. Edwards’ Recommendations
- Advising of any Potential Public Recommendations
- Reminder that Public Workshop for Comments will be
held this week, Friday at 6:30 p.m., April 28, 2023 via ZOOM
this information link is posted at www.NVBHME.org
- 2023-004 – Order Directing All Nevada Occupational and Professional Licensing Boards to
Suspend the Issuance of Any New Regulations, Show Cause for All Occupational
Licensing Requirements and to Provide a Recommended Pathway for Facilitating
Licensure Reciprocity.
- BOARD’S RECOMMENDATIONS TO GOVERNOR’S OFFICE
- DUE ON OR BEFORE JULY 01, 2023)
ITEM # 9. Discuss recently submitted SB336 to the Nevada State LegislatureMr. Green ( 15 mins)
For Possible Action
Grant/Deny/Continuance
a. Revises provisions relating to the regulation of certain healing arts. (BDR 54-886) which directly
impacts our dual Board licensed HMD, DO
- “AN ACT relating to health care; exempting certain conduct of certain practitioners of healing arts practicing within their authorized scope of authority from provisions governing certain practitioners of other healing arts; and providing other matters properly relating thereto.”
- Determine Board consensus in of support for SB336
ITEM # 10. Legislative Mandates of SB 98 Mr. Green ( 10 mins)
a. New Applicant’s Fee Increases For Information Only
1. Discussion of Fee Increase for Renewal Registration in 2023 For Possible Action
Grant/Deny/Continuance
- Board’s acknowledgement of its name change from “Nevada State Board of
Homeopathic Medical Examiners” to the “Nevada Board of Homepathic Medical Examiners” as per SB 98 For Possible Action
A. Required by Wells Fargo Bank for name change of Board Checking Account
B. Authorizing purchase of new Board Seal for Renewal License and Reprinting of new HMD Licensee Card and APH or HA Certification Cards
ITEM # 11. Discuss Legislative Sunset Committee May 12, 2022 meeting Mr. Green ( 5 mins)
For Information Only
ITEM # 12. Compensation for Secretary-Treasurer, Board member and staff: Dr. Devlin ( 5-10 mins)
For Possible Action
Grant/Deny/Continuance
a. Discussion and Consideration of retroactive compensation for last 16 months
i. NRS 630A.140 Officers: applications for license and certificates received through
Secretary-Treasurer; salary of Secretary-Treasurer (See section #3)
- Charles Green
- Board appointment began June 2021
- Request retroactive compensation from January 2022 – April 2023 = 16 months
- $ 150/day / 1 day a week for 69 weeks
= $10,380 Reimbursement
ii. NRS 630A.160 Salary of members; per diem allowance and travel expenses of
members and employees; payment of expenses; deposit of money
received by Board; delegation of authority concerning disciplinary
actions; deposit of fines, court costs and attorney’s fees, claim for
attorney’s fees or cost of investigation. (See sections #1a & 1b, #2 & #3)
Dr. Devlin ( 5-10 mins)
For Possible Action
Grant/Deny/Continuance
iii. NRS 630A.190 Offices and employees (See section #2) Dr. Devlin ( 5-10 mins)
For Possible Action
- IT (Information Technology) Manager
- Request retroactive 25% compensation of wages from January 2022 – April 2023 = 16 months
$25,740.92/50% = $12,870.46 Reimbursement
- Executive Assistant
- Request retroactive 75% compensation of wages from February 2022 – April 2023 = 15 months
$26,398.65/.75% = $19,798.98 Reimbursement
TOTAL REIMBURSEMENT:$43,049.45
For Secretary-Treasurer and staff, $2,500/month or $30,000/year For Possible Action
Grant/Deny/Continuance
ITEM # 13. New Business for next Board Meeting: Dr. Devlin ( 5 mins)
For Possible Action
Grant/Deny/Continuance
ITEM # 14. Public CommentsLimit 3 mins per Person
ITEM # 15. Announcement – Scheduling next Board meeting Dr. Devlin
For Possible Action
(Approval)
ITEM # 16. Adjournment Dr. Devlin