Osteopathic doctors watchdog has teeth
February 19, 2011 - 2:06 am
A few years ago, the Nevada Board of Osteopathic Medicine barely disciplined any doctors. The former executive director, Dr. Larry Tarno, who worked part time and kept his own practice going, preferred to handle doctors' problems informally, rather than haul them before the board for discipline.
When this board received publicity, it was usually bad publicity. Tarno hired one deputy who embezzled $60,000 for his gambling problem. The next one charged the board's credit card for more than $11,000 for personal items.
Tarno resigned in 2008 and in 2009 the board hired a more aggressive executive director, attorney Dianna Hegeduis. Formerly a deputy attorney general who advised the board, she now wears two hats -- executive director and board counsel.
She heads the four-person staff for the board, which handles licensing for osteopathic doctors, who use more manual manipulation techniques and take a more holistic approach to medicine than M.D.s.
In Tarno's last full year, 2007, three doctors were put on probation -- the only disciplinary action taken.
Since 2009, under the new regime, there have been more than 100 settlements reached in disciplinary actions. Hegeduis said settlements are far less expensive than going to full-blown hearings, and achieve the same result. "Our mandate is to protect the public and we do take our responsibility seriously."
Hegeduis reviewed a handful of the more notable recent settlements, some requiring more investigation than others.
The complaint against Dr. Steven Wein was an easy call, the criminal justice system did the heavy lifting.
But complaints against Dr. Miles Fine and Dr. Gary DeShazo were far more complex investigations involving board members and staff.
Wein, a fourth-year resident in psychiatry, celebrated Halloween 2009 in a different way. He exposed himself and masturbated in front of three college girls in a casino elevator at the Monte Carlo. He was convicted of a misdemeanor and sentenced to one year in prison.
But before the trial, in May 2010, he went to Arizona and allegedly tried to torch the coeds' residence in Tempe with a gasoline-soaked towel. He is awaiting trial on those charges.
His medical license was suspended in December 2009 and in December 2010, Wein surrendered his medical license until April 30, 2016, and paid a $10,000 fine. He will have to register as a sex offender because of the conviction in Las Vegas.
Just guessing, but his psychiatry career may be doomed.
The most recent settlement concluded earlier this month with Dr. Fine, an ear, nose and throat specialist, admitting that in two cases he performed surgeries "that may not be appropriate in a dry climate" and his billing was "incorrect and/or misleading." One patient was a 3-year-old girl, the other a young man with a worker's compensation claim. The board was tipped by another doctor who tired of trying to fix Fine's botched surgeries and by worker's comp officials.
Fine's license was suspended for three months and he will be on probation for 18 months under strict supervision. He was fined $50,000.
Dr. DeShazo faced two complaints alleging he overprescribed opiates to two patients. Without admitting to the allegations, DeShazo said the board could prove his medical records were inadequate and both patients "may have received excessive prescriptions for opiates."
He agreed to a one-month suspension, which ended Wednesday, a three-year probation with restrictions, and payment of a $20,000 fine. He will stop practicing pain management.
Monday's column involves yet another osteopath facing two pending board complaints and a wrongful death lawsuit involving a third patient.
In both unresolved complaints before the board, the investigations began after the patients' families complained the pain management doctor was overprescribing painkillers.
Doctors and families who report doctors who overprescribe painkillers are doing the righteous thing.
Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.