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HEPATITIS C OUTBREAK: No promises on medical safety

But state health official praises new legislation

Michael Willden wishes it were possible.

But the director of the state Department of Health & Human Services says there is no way he can promise Nevadans that newly passed public health legislation can prevent a situation similar to the recent hepatitis C outbreak.


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  • "I think the laws that have been passed to protect the public are absolutely a huge improvement," Willden said last week. "It is far less likely. But I can't say we'll never have an infection-control event like that again."

    The reason for Willden's caution, despite new laws on the books dealing with everything from stepped up clinic inspections to easier suspension of medical licenses, isn't difficult to understand: No one, he noted, can legislate human behavior.

    Authorities investigating a cluster of hepatitis C cases had observed nurses at the Endoscopy Center of Southern Nevada reusing syringes in a manner that contaminated vials of medication and, they believe, infected patients.

    City officials in a report said the clinic's owner, Dr. Dipak Desai, ordered that practice, and that city investigators were told this was to save money.

    But Willden and a number of legislators and medical officials contacted by the Review- Journal believe the new laws will so heighten attention on proper protocols that it is far less likely that Southern Nevada Health District officials will again have to do what they did in 2008: ask 50,000 patients to be tested for HIV and hepatitis.

    Assemblyman Joe Hardy, R-Boulder City, who is a physicain, said passage of Assembly Bill 123 is a big step forward for public health. It requires ambulatory surgical clinics to be the subject of yearly, unannounced inspections rather than inspections every three to six years.

    "It is much easier to keep things in line," said Hardy, who believes another aspect of the bill, requiring accreditation by a national regulator in order to do business, is also critically important. "It shows we won't tolerate bad medicine."

    Larry Matheis, head of the Nevada State Medical Association, said the fact that the state health division will now assign a nurse to accompany all inspection teams specifically to observe infection control should also give Nevadans more confidence in the state's health care system.

    "This can assist in immediate corrections," he said. "This may become a new national model."

    Hardy said Assembly Bill 10, signed Friday by Gov. Jim Gibbons, puts more teeth in legislative protections for medical whistle-blowers.

    "This will help both nurses and doctors and other medical personnel who want to do the right thing," Hardy said.

    Debra Scott, executive director of the Nevada State Board of Nursing, said Thursday that some nurses were afraid to step forward in the outbreak case for fear they would lose their jobs.

    Passage of two other Assembly bills, 112 and 206, look to bridge potential gaps in communication during a public health crisis.

    The governor is now required to determine if a public or health emergency needs a coordinated response by a team of state officials.

    "We now will have everyone on the same page in an emergency," said Assemblywoman Debbie Smith, D-Sparks, who chairs the Assembly Health and Human Services Committee. "We had problems with coordinating what different offices were doing."

    Assemblywoman Sheila Leslie, D-Reno, whose interim health care committee held hearings on the outbreak last year, said it is now clear through legislation that the state health division has the power to have a facility shut down in a crisis.

    "That was a problem we didn't need to have, " she said.

    Leslie said last year that she believed existing law gave the state the right to shut down Desai's clinic, an action that the city's business license division took when health authorities did not act to close the clinic.

    Another bill that Leslie said "clarified existing law" was state Senate Bill 362, which states that a health care professional's license can be suspended if the facility they own is investigated or disciplined for misconduct.

    Last year, Leslie repeatedly said she believed that the Board of Medical Examiners had the right to suspend Desai's license.

    The board's then-executive director, Tony Clark, had long said the board didn't have the power to issue a summary suspension.

    Clark later said the board did have that power, but that there wasn't enough evidence to summarily suspend Desai's license.

    Michael Washington, one of nine people whose hepatitis C case was linked to Las Vegas clinics where Desai was the majority owner, has been closely watching the work of the Legislature.

    Washington was supposed to testify on behalf of Assembly Bill 495, which would remove a $350,000 cap on pain and suffering damages, a key element of the 2004 medical reform initiative. But the Assembly-approved bill died in the state Senate in apparent retaliation for an Assembly committee chairman's decision to sit on two Senate-passed construction defect bills.

    "I want to believe that the legislators care about what's happened with this hepatitis C tragedy," Washington said.

    "But I don't understand what construction bills had to do with a bill that would allow people to be justly compensated when doctors are doing something wrong."

    Contact reporter Paul Harasim at pharasim @reviewjournal.com or 702-387-2908.

    KEY LEGISLATION SPAWNED BY HEPATITIS C OUTBREAK

    Assembly Bill 10: Provides additional protection against retaliation or discrimination for registered nurses and other medical personnel who report concerns about patient safety. Also prohibits physician licensing boards from taking adverse action against doctors who cooperate in investigations of possible wrongdoing by other physicians.
    outcome: Bill signed into law.

    Assembly Bill 112: Requires the governor to determine if a public health emergency needs a response by an emergency team. If a coordinated response is required, the governor must issue an executive order creating the team. It would be chaired by the state health officer and comprised of representatives of state agencies and licensing boards.outcome: Bill signed into law.

    Assembly Bill 123: Requires ambulatory surgery centers to maintain accreditation by a national organization. Physician offices providing anesthesia must obtain a permit from the state health division. Requires health division to conduct annual and unannounced inspections of both entities.
    outcome: Bill signed into law.

    Assembly Bill 206: Gives the Nevada State Health Division power to immediately issue a cease-and-desist order at a facility where patient safety is in question until after an investigation.
    outcome: Bill signed into law.

    State Senate Bill 362: Affirms law already on the books that summary professional license suspensions can be carried out by the Board of Medical Examiners and other medical boards. Also allows the suspension or revocation of a license of a health care professional who owns or operates a medical facility that is investigated or disciplined for misconduct.outcome: Bill signed into law.

    Assembly Bill 495: Would have removed a $350,000 cap on pain and suffering damages. Also would have given possible victims of malpractice a year longer to file claims and allow attorneys five years, rather than two, to bring a case to trial.
    outcome: Bill died in committee.

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    Cindy wrote on July 01, 2009 01:03 PM: I don't believe one thing that our Medical community says.

    They didn't see fit to do inspections on a timely basis before, they won't do them now.

    Same old, same old. While Desai sits and counts his money.


    Jason wrote on June 15, 2009 07:52 AM: TED-Thanks for the facts on all the LASIK Complications this will help me with my law suite David Malitz. He is the guy that got his surgery center shut down by the state in case any one forgot. He is still in business he just changed the name to Red Rock Surgery Center. Anyone out there know of any more doctors that are using the center that I can add to the law suite.


    Ted wrote on June 05, 2009 02:49 PM: Long-term consequences of LASIK include problems with future cataract surgery, risk of undiagnosed glaucoma due to inaccurate intraocular pressure measurements, permanent biomechanical weakening of the cornea with associated risk of late-onset keratectasia (corneal failure), life-long increased risk of corneal infection due to a permanent portal in the cornealperiphery for microorganisms to penetrate, persistent loss of keratocytes (corneal cells), reduced corneal nerve density, reduced visual quality, and non-healing of the LASIK flap (exhibit 1) with associated risk of late flap dislocation. These issues affect virtually 100% of LASIK patients.
    The FDA requires that all prospective LASIK patients receive the Patient Information Booklet (device labeling) from their surgeon prior to surgery. Device labeling is intended to inform patients of contraindications and risks. LASIK surgeons commonly fail to provide the device labeling to patients, which denies patients access to information that could affect their decision to have the surgery.


    What is happening? wrote on June 01, 2009 02:21 PM: Any current news on Desai or has the whole fiasco been put on hold indefinitely? (As he rides off into the sunset.)


    Ted wrote on June 01, 2009 07:56 AM: They have not stopped these guys yet. Dave Malitz is still up to no good.


    county employees with hep c are allowed to remain at work exposing others wrote on May 31, 2009 02:26 PM:
    amazing what power can do.


    Newshound wrote on May 31, 2009 11:41 AM: It's a crime that inspections are annual. They ought to be at the will of the inspecting departments. Inspect them like they do restaurants. A temporary bought with food poisoning is nothing like coming down with AIDS. Earth to legislators...Earth to legislators...


    CV wrote on May 31, 2009 10:13 AM: K -- go to St. George for your colonoscopy. And for others, they have the best heart surgery team in this part of the country. My husband and I have lived in CA, UT, TX, HI, AK, WY, NM, and CO and we always return to St. George for health care.


    Desai Wins, Match Point wrote on May 31, 2009 10:04 AM: First of all, Mr Washington, you have to understand how deeply Desai's influence runs in Carson City. Over the last 20 yrs. Desai has been involved influentially (appointment to committees by the governor)and financially (campaign donor) in all aspects of Nevada politics.

    Desai was instrumental in promoting the legislation capping insurance awards to $350,000. You may have forgotten he had a side business, It was a MEDICAL INSURANCE COMPANY. Why would he want patients in medical malpratice suits to get million dollar settlements?

    And last, but not least, Desai knows where all the skeletons are in Carson City. Believe me, most politicians in Nevada want to believe he's had a stroke, but they know he hasn't.


    derek marlowe wrote on May 31, 2009 09:38 AM: I'll just keep going to Utah for my medical care, thank you very much.


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