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Mar. 07, 2008
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Physicians' licenses targeted

State health official to urge revocation for doctors at surgical clinic

By SEAN WHALEY
REVIEW-JOURNAL CAPITAL BUREAU
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Assembly-woman Barbara Buckley, D-Las Vegas, carries a volume of the Nevada Revised Statutes back to her seat during a hearing Thursday of the Legislative Committee on Health Care in Las Vegas.
Photo by Clint Karlsen.

CARSON CITY -- An official with the state Board of Medical Examiners told lawmakers Thursday that he will recommend the board ask doctors working for the Endoscopy Center of Southern Nevada to surrender their licenses.

Tony Clark, executive director of the state medical board, told the Legislative Committee on Health Care that the panel is moving quickly to investigate and act if violations of the medical practice act have occurred.

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    • The board immediately issued subpoenas, Clark said, after the Southern Nevada Health District revealed the results last week of an investigation at the clinic that found nurse anesthetists at the center reused syringes on infected patients and contaminated vials of medicine that were shared among patients. Six patients have tested positive for hepatitis C.

    Subpoenas were served Monday, and witness statements will be taken beginning next week, Clark said.

    Sen. Maggie Carlton, D-Las Vegas, suggested to Clark that the medical board consider asking the physicians involved to voluntarily surrender their licenses, just as the state Board of Nursing did with five nurse anesthetists associated with the Endoscopy Center of Southern Nevada.

    Those nurses have surrendered their licenses while awaiting the outcome of the investigation.

    Clark said he would take the matter up with the medical board and that he would propose it make such a request.

    Doug Cooper, chief of investigations for the Nevada Board of Medical Examiners, said he can't be part of a rush to judgment.

    "We need to know for sure which doctors were involved," he said. "The doctors deserve due process of law."

    Asking a doctor to surrender his or her license voluntarily is not normal procedure, Cooper said.

    Assembly Speaker Barbara Buckley, D-Las Vegas, who attended the legislative meeting, urged Clark to move as quickly as possible with the investigation.

    "I think the only thing that is really important is -- when you have a public health crisis where people's lives have been placed at risk -- it's important to take action quickly," she said. "Obviously you must comply with due process.

    "But if the allegations are found to be true by the appropriate bodies, we need strong action.

    "When you risk people's lives and give them a deadly disease to line your own pockets, the answer is revocation of licenses and the largest fines available under the law," Buckley said.

    The public needs to know there is going to be an investigation and that it is conducted in a timely manner, she said.

    Health officials have sent letters to 40,000 of the clinic's patients, urging them to get tested for hepatitis C and B and HIV, the virus that causes AIDS. Hepatitis is a potentially deadly blood-borne disease that attacks the liver.

    Clark said the board's actions regarding the 14 physicians working at the center will depend on what the evidence shows.

    "We understand the importance of moving rapidly," he said.

    Cooper said the Nevada Board of Medical Examiners wasn't notified in timely fashion.

    "We didn't even find out about this until the media did," he said.

    He said on Monday that he subpoenaed records from the Southern Nevada Health District for the six known patients who have contracted hepatitis C. He has yet to receive them.

    Privacy issues are slowing the process, according to Brian Labus, senior epidemiologist of the health district.

    Cooper said he and his staff are working as quickly as they can to identify the patients.

    "I have to know which doctors worked on those patients," he said.

    A review of the records of the Board of Medical Examiners shows no disciplinary actions against any of the 14 physicians, other than one complaint filed in 1996 against Dipak Desai for false advertising at the clinic. The complaint was resolved with Desai paying a $2,500 fine.

    According to the board's Web site, if a doctor, physician assistant or practitioner of respiratory care breaks the law under the Nevada medical practice act the board can investigate and file charges.

    If the charges are proven, the board can revoke the license, put the doctor on probation or impose other sanctions.

    The board can take action for medical malpractice and professional incompetence, among other causes.

    Review-Journal writer Paul Harasim contributed to this report. Contact Review-Journal Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or (775) 687-3900.



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    fred garvin wrote on March 15, 2008 07:53 AM: Capitalism at it's finest moment. The corporation saved money reusing. When are you stupid people going to learn that $$$$$ is more important that you. Pay offs and politics will always win. Follow the $$$$$$$$$$.


    Janice Weinzetl wrote on March 08, 2008 03:57 PM: Since living out of state how do I find out if the doctor I went to is on this list for what is going on with the endoscopy centers their in Las Vegas.
    Is their a list of doctors???? How do we find out as haven't seen the doctors list in your review journal.com e mail. Will be waiting to hear from you on this matter
    thanks
    Jan


    indescribable wrote on March 08, 2008 04:41 AM: Take passports, freeze assets.
    Use those assets to set up a Victim Compensation fund. The victims are the ones who paid, so they deserve to split all his worth.


    Wake up wrote on March 07, 2008 09:34 PM: Desai s well connected. This has presented a real problem for the powers to be. He has been represented by Rory Reid's law firm and contributed to ole Harry and Richard Bryan. Vestin is financing him. People from Rory Reid's law firm are heavily involved in Vestin. Connect the dots and you will understand why he still has a licence.


    Cynical Observer wrote on March 07, 2008 07:26 PM: "The Nevada State Board of Medical Examiners has announced that Dr. Dipak K. Desai, the majority owner of Endoscopy Center of Southern Nevada, has agreed at the board's request to voluntarily cease the practice of medicine until the board's investigation into the operations and allegations concerning the Center has been completed."

    Why am I not surprised that the State government run by ineffectual Jim Gibbons, friend of Dr. Dutsche Bag Desai, was unable to convince him to surrender his license to practice medicine in Nevada? Even though it's clear this man will never practice medicine in Nevada again he nickle-and-dimed the State by simply agreeing not to practice.

    Did Dr. Desai resign his position as a professor at University of Nevada School of Medicine?*

    Did Dr. Desai resign his position as "head of the gastroenterology department" at UMC?

    Did Dr. Desai resign his position as "head of the gastroenterology department" at Valley Hospital?

    Or was he simply lying on his online resume when he claimed to hold these positions?

    Will the Boards of Directors at Valley Hospital and Sunrise Hospital revoke his right to practice medicine at their hospitals?

    Will the County revoke his right to practice medicine at County UMC?

    I bet this evil weasel will convince and/or intimidate his colleagues not to take formal action against him.

    I sure hope that when the Clark County DA and the Feds are handing out immunity for testifying, that they give immunity to the 4 nurses who voluntarily surrendered their licenses, and then french fry all of the partners in all 6 of Dr. Desai's clinics.

    And now, another gastroenterology clinic, on Maryland Avenue near Sunrise Hospital, has been shut down for the same grotesquely unsanitary practices. I wonder who owns that clinic? Dr. Desai's cousin, Dr. Gupta?


    Michelle wrote on March 07, 2008 04:20 PM: God be with those 40,000 ppl that are in risk and with the probable many more to come. as for those doctors and nurses....there is a God and this world and he is whom you will one day have to stand before and suffer the consequences of your acts.


    Vindictive wrote on March 07, 2008 11:49 AM: Just 2 words: FLIGHT RISKS


    Fred wrote on March 07, 2008 10:17 AM: Dr. Desai's clinics are not Sierra Health's sole colonoscopy contractor. In an RJ article a few days ago, Dr. Desai's clinics were described as "overflow" clinics. Sierra Health is my health insurance provider and after a visit to my general practitioner in 2006, he referred me to a clinic not owned or part-owned by Dr. Desai's group and Sierra accepted the referral. I received a colonoscopy in 2006 and a follow up visit in 2007 from this clinic with all visits honored by Sierra Health.

    So to state that Desai's clinics are the sole colonoscopy provider for Sierra Health is inaccurate. I'm sure Sierra channels a lot of "overflow" patients (what criteria is overflow?)through Desai's clinics. The RJ article said as much. But the Desai group is not the sole provider for Sierra.

    I would recommend talking to your referral doctor and get him/her to refer you to a clinic not owned by Desai's group. I'm not sure what good it will do though. Now they're saying that unsafe medical practices are commonplace everywhere, even nationwide. The clinic that performed my procedure could have been one of those too but I haven't gotten the scarlet letter yet. We'll see.


    undr cvr wrote on March 07, 2008 10:13 AM: These guys need to be watched as flight risks and detained for prosecution.


    public outcry wrote on March 07, 2008 09:54 AM: North Las Vegas has allowed the facility in North Las Vegas owned by these scumbags to reopen.

    Why?? Call Mayor Mike Montandon and demand an answer.

    Ask Montandon if these doctors invest with any of Montandon's developer buddies.

    While the rest of the state is trying to shut them down, North Town is giving them a free pass. WHY?


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