KLAS-TV Channel 8 News Las VegasDoctors Take On the Medical Board
LAS VEGAS -- Two Las Vegas doctors are challenging the Board of Medical Examiners, saying some of the board's regulations are too vague. But in doing so, the doctors say they feel like they are now being negatively targeted by the board for challenging their authority.
One of the questions surrounds the drug known as HCG. Although it is FDA approved, a regulation in Nevada doesn't it allow the use of HCG for control of weight.
Dr. Ivan Goldsmith was reprimanded in court after he and Dr. James Tate were denied a preliminary injunction to keep the board from taking any actions against their license. The doctors worry their vocal stance against board practices will get them in trouble.
"What we have is two physicians that are brave enough to say, ‘We are done with this. It's improper and we can't allow this to continue,'" said attorney Jacob Hafter.
Hafter says the doctors have several issues with some board regulations and statutes, including the use of HCG for weight loss. Dr. Goldsmith says the board's regulation is too vague and exceeds their authority. "Given that it is legal in California, Utah and Arizona, my questions is why is it not legal here," he said.
Both Dr. Goldsmith and Dr. Tate have been investigated by the board in past years. Both believe their recent investigations stem from their opposition to how the board operates and their willingness to fight it.
"Can you tell me how they appoint board members in the state of Nevada? Only God knows," said Dr. Tate.
But Chief Deputy Attorney General Christine Guerci-Nyhus says the doctor's claims are unfounded. "That's just pure speculation on the part of the doctors. There is no evidence that the Board of Medical Examiners has ever engaged in any sort of targeted investigation or prosecution of any doctor," she said.
In court, she told the judge she felt the doctor's attorney was playing for the cameras and was being inflammatory for publicity.
"I think it is an end run around the court. I think they are engaging in some practices that come to the attention of the board and they are doing an end run around them," she said.
Either way, it's a case that's far from over.
The Board of Medical Examiners will be looking at the regulations during their March 5, 2010 meeting. The HCG regulation in question was put in place back in 1979.
