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Mar. 11, 2008
Copyright © Las Vegas Review-Journal

Gibbons may support criminal charges

Knowingly endangering is key to crime

By SEAN WHALEY
REVIEW-JOURNAL CAPITAL BUREAU
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Gov. Jim Gibbons speaks Monday in Carson City about concerns over medical practices. At left is Dr. Rudy Manthei of the Nevada Ambulatory Surgery Centers Association.
Photo by The Associated Press

CARSON CITY -- Gov. Jim Gibbons said Monday if Las Vegas medical care providers knowingly reused syringes or other items at the Endoscopy Center of Southern Nevada or at other medical facilities, criminal charges should be filed.

"If they knowingly endangered lives of people, that does constitute a criminal act," Gibbons said following a news conference in his capitol office to discuss the state's response to the discovery of risky medical practices at the Shadow Lane facility and at other surgery centers in the state.

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    • Gibbons stopped short of suggesting that charges should be brought at this time against Dr. Dipak Desai, the majority owner of the Endoscopy Center under fire for unsafe medical practices, or others at the facility.

    "I don't know all the facts and circumstances, whether it was an accidental act, an intentional act or a negligent act," he said. "That is yet to be determined."

    If it is shown that medical personnel deliberately took steps that exposed people to hepatitis C or other infectious diseases, then "those individuals responsible should be held accountable," Gibbons said.

    He would not respond, however, to a question about whether that meant they should go to prison.

    Gibbons, who was joined by state lawmakers, Rudy Manthei, president of the Nevada Ambulatory Surgery Centers Association, and Mike Willden, director of the Department of Health and Human Services, also rejected the claim that a budget dispute in the 2007 Legislature over the hiring of more health inspectors had anything to do with the discovery of risky medical practices.

    Gibbons cut 10 of the surveyor positions in the proposed state Bureau of Licensure and Certification budget during the 2007 legislative session. Ultimately he and lawmakers agreed to fund six of the new positions.

    The ability to hire, train and retain the surveyors is the main issue, he said. The agency has 14 surveyor vacancies out of a total of 50 positions. The agency also was not subjected to the 4.5 percent per year budget cuts because it is not funded with general fund tax dollars.

    Willden said the bureau has a $5.2 million reserve that can be used to fund its operations and that the agency has a green light to fill all vacancies.

    "Actually, for one of the times in my life, money isn't the issue in this case," he said.

    Manthei said he was deeply distressed to learn of the potential for hepatitis exposure at the Southern Nevada clinic.

    The top priority of the Nevada Ambulatory Surgery Centers Association is the welfare and safety of its patients, which is assessed based on national standards, he said.

    "We do not support individual providers who might choose to ignore the appropriate standards," Manthei said.

    Gibbons said the main point is for Nevada residents to know the state is taking the issue seriously and is working to ensure such problems do not occur again.

    All 50 ambulatory surgery centers in Nevada are being inspected. Twenty-three of the reviews have been completed.

    Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or (775) 687-3900.



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    Iturbide wrote on March 12, 2008 12:13 AM: Gibbons should definitely be supporting criminal charges for the "doctor" and the head of the department of corrections.


    David Johann wrote on March 11, 2008 09:27 PM: Let's face it. Desai and Gibbons are greed-head birds of a feather. The only thing they care about is another million bucks. The only "friends" they have are people whom they believe will help feather their nests in some way.

    So I raise my glass to my Mormon and Hindu friends, Gibbons and Desai, neither of whom are men of God, but of greed.


    Awaing wrote on March 11, 2008 03:13 PM: The old saying rings true Beware of the people you step on the way up you will be kissing their butts on the way down! For some on the 40,ooo that were assaulted or betrayed the nightmares will continue for a life time I do believe that with one minute in a ballot booth we can get rid of them all! While we wait for Desais "due process" I can only think HOW DARE YOU!Again anyone who came in contact with you or your associates Played judge jury and possible executioner.Maybe the government will do the right thing this time? November is not far away you are right re-call in order!


    hmmm wrote on March 11, 2008 11:50 AM: Let's see...do I cut my losses? Do I end up looking like Spitzer?...Do I bury my head?
    Maybe I'll call David Roger..he's strong in these areas.... no, he's under investigation too I think...
    Why did the feds have to stick their noses in this anyway? ..we all have to seem concerned and take time away from our own special interests. What a mess!!!!


    dwc wrote on March 11, 2008 09:18 AM: Aww, come on, we ALL know that this is George Bush's fault. If he wouldn't have stolen that election down yonder, we'd all be sh*tting rose petals! After all, this has been going on for some time, now, not just the last year.

    Maybe we can bring in Elliot "Mess" Spitzer to be a special prosecutor. He'd fit right in in Nevada politics. I bet Shelly "the neck" Berkley is proud of her compatriot.


    Tom in Summerlin wrote on March 11, 2008 09:16 AM: Gibbons is a buffoon. His usual attitude would be he should just let the market rule. If Desai's clinic is a hazard, the market will decide not to patronize him. We don't need no stinkin' regulations and especially not taxes paying for inspections on this. Anyone got a picture of Gibbons and Desai shaking hands together during the election? All politicians and the RJ buddies are pals with guys like this when the money rolls in, but when the scandal breaks, "I never knew the guy, well, I saw him once only."


    Recall Gibbons wrote on March 11, 2008 09:10 AM: He is ineffective and has no leadership skills.


    This Governor is an idiot wrote on March 11, 2008 09:08 AM: Well, when Gibbons got elected he flanked himself with Desai. What does that tell you? He finally started addressing the public. It has taken him how long to do this? Gee, can the guy think for himself? Or, did he have to wait until someone was available to put words in his mouth?

    Desai contributes to his campaign and was on his transition team. Obviously Gibbons treasures Desai's opinion. That puts the Gibster between a rock and a hard place.


    Business as usual wrote on March 11, 2008 09:01 AM: The medical profession is Nevada is a bad joke at best.

    The turkey Gibbons is not going to do anything to damage his contributors. Gibby like all the other greedy politicians that are only interested in feathering their own nest.

    How about a recall on good old boy Gibby? He is certainly dangerous and defective.


    x-new yorker wrote on March 11, 2008 08:59 AM: I his offices were doing the job that they should have been doing...(INSPECTION) this just might not have happened.


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