Dr. Dipak Desai, center, owned the Endoscopy Center of Southern Nevada - the nation’s biggest hepatitis C scare ... May 7, 2008

[Guest guest]

"Desai

had tried to ship his two Mercedes-Benzes to

Dubai"Dr. Dipak Desai, center, owned the

Endoscopy Center of Southern Nevada,

where dangerous injection practices have led to eight confirmed cases of

hepatitis C. Medical board refuses to release

Desai complaints

Group accused of protecting doctors, not public By Marshall

Wed, May 7, 2008 (2 a.m.) LV SUN The criminal investigation into the

conduct of Dr. Dipak Desai, the physician at the center of the nation’s

biggest hepatitis C scare, has hit a roadblock: the Nevada State Board of

Medical Examiners. Chief Deputy District Attorney

, one of the prosecutors handling the Desai case, says the medical

board has refused to comply with a request from Metro Police detectives for any

complaints against Desai that have been filed with the board. The request by

police is allowable under Nevada law. said the medical board has lost

sight of its primary mission. “I think they are so far removed

from what they’re supposed to be doing that it hasn’t occurred to

them that they’re protection for the public, not interference for the

doctors,†said of the medical board. “They’re

running interference for doctors is what they’re doing.†Desai, the majority owner of the Endoscopy

Center of Southern Nevada, has been accused of ordering his nurses to reuse

syringes and single-use medicine vials to save money. The dangerous injection

practices led to eight people being infected with hepatitis C and about 50,000

being told to get tested for infectious diseases, according to the Southern

Nevada Health District. Metro Police are investigating whether the medical

neglect of Desai and others caused substantial bodily harm to patients. A source familiar with the investigation

said the decision to refuse Metro’s request was made by Tony , the

board’s executive director and acting general counsel, and Lyn Beggs, the

deputy general counsel. did not return

calls for comment. Beggs said she would not comment on the specific case, but

that generally speaking complaints that have not resulted in disciplinary

action are confidential under Nevada Revised Statute 630.336, Subsection 4. “We complied with the subpoena with

any public information we had and provided that to them,†Beggs said. noted that Subsection 6 says the

board may turn records over for a criminal investigation. It says in part:

“This section does not prevent or prohibit the Board from communicating

or cooperating with any other licensing board or agency or any agency which is

investigating a licensee, including a law enforcement agency.†Investigators on Thursday sought the

advice of Nevada Attorney General Cortez Masto’s office and

learned there was no problem with the board’ releasing the complaints for

the sake of a criminal investigation. But on Friday the medical board again

refused to turn over the complaints. The attorney general’s office did

not reply to the Sun’s request for comment. Sources close to the investigation are now

concerned that the longer the wait for the records that have been requested,

the greater the chance they will be destroyed or lost. The board, which has strong connections to

Desai, has been widely criticized for the way it has handled the

Endoscopy

Center investigation. Before Desai was

disgraced by the hepatitis C scandal, he was one of

Nevada ’s most prominent doctors. He is

a former member of the medical board, and three current board members have had

to recuse themselves from the investigation into his conduct because of their

close ties. One founded an insurance company with Desai, another has done

consulting work for him and the third is his personal physician. assured Assemblywoman Sheila

during Tuesday’s meeting of the Legislative Committee on Health

Care that the medical board’s primary goal is to protect the public, not

cover for doctors. She said she was dismayed to learn from the Sun that the

medical board was refusing to comply with Metro’s request for complaints

against Desai. “This situation sounds like more

stonewalling to me,†said. “Given the circumstances of this

tragedy in Las Vegas ,

it’s almost incomprehensible that they would get in the way of law

enforcement doing their job. I just find it appalling that they would throw up

roadblocks to law enforcement getting what they need.†said the

Nevada law seems to clearly state that Metro

should have access to the records. But it does not mandate that the medical

board turn over the records, and said the law may need to be tightened. But then she suggested a different

approach to reform. “I’m beginning to wonder if

it’s the statute that needs tightening or if it’s the medical board

that needs removing,†said. “Perhaps we need to start over

with the medical board. This morning they said they are here to protect the

public. But their actions this afternoon contradict their testimony. I would

like to know why they’re not going to release that information.†The nine-member board is appointed by the

governor. noted that it took nine weeks for

the medical board to suspend Desai’s license, an action it could have

taken days after the announcement that his clinic had caused the hepatitis C

outbreak. The situation required aggressive action, she said, but the board has

responded “with a cavalier attitude.†Dr. Javaid Anwar, president of the medical

board, did not return the Sun’s calls for comment. also questioned why

is serving as both executive director and the

acting general counsel. “I don’t think that’s

very healthy,†she said. “I don’t know of another

organization that operates like that. How can you advise yourself if your

actions are appropriate?†said she’s lost faith in the

medical board’s ability to protect the public. On a separate front Tuesday, County

District Judge Allan Earl granted a motion by plaintiffs for a preliminary

injunction barring the Endoscopy Center of Southern Nevada and Desai and

partner Dr. Eladio Carrera from conducting any transaction of $50,000 or more

without the court’s permission. On April 30 the Sun reported that Desai

had tried to ship his two Mercedes-Benzes to

Dubai , and attorneys for people suing Desai

were concerned that he might try to liquidate his assets, which would make it

difficult for them to gain access to his money if there’s a judgment

against him. Desai’s lawyer, Dominique Pollara,

from Northern California , said Desai is not

trying to move any of his assets. “He’s a

U.S. citizen

and has no intention going anywhere,†she said. Sun reporter Jeff German

contributed to this story.

No virus found in this outgoing message.

Checked by AVG.

Version: 7.5.524 / Virus Database: 269.23.9/1420 - Release Date: 5/7/2008 2:12 PM

[Guest guest]

This was big news here...such scumbags.

Patty

>

>

> > " Desai

> had tried to ship his two Mercedes-Benzes to

> Dubai "

> Dr. Dipak Desai, center, owned theEndoscopy Center of Southern

Nevada,

> where dangerous injection practices have led to eight confirmed

cases ofhepatitis C. Medical board refuses to releaseDesai complaints

> Group accused of protecting doctors, not public By Marshall

Wed, May 7, 2008 (2 a.m.) LV SUN

> The criminal investigation into the

> conduct of Dr. Dipak Desai, the physician at the center of the

nation’s

> biggest hepatitis C scare, has hit a roadblock: the Nevada State

Board of

> Medical Examiners.

> Chief Deputy District Attorney

> , one of the prosecutors handling the Desai case, says the

medical

> board has refused to comply with a request from Metro Police

detectives for any

> complaints against Desai that have been filed with the board. The

request by

> police is allowable under Nevada

> law.

> said the medical board has lost

> sight of its primary mission.

> “I think they are so far removed

> from what they’re supposed to be doing that it hasn’t occurred

to

> them that they’re protection for the public, not interference for

the

> doctors,†said of the medical board. “They’re

> running interference for doctors is what they’re doing.â€

> Desai, the majority owner of the Endoscopy

> Center of Southern Nevada, has been accused of ordering his nurses

to reuse

> syringes and single-use medicine vials to save money. The dangerous

injection

> practices led to eight people being infected with hepatitis C and

about 50,000

> being told to get tested for infectious diseases, according to the

Southern

> Nevada Health District. Metro Police are investigating whether the

medical

> neglect of Desai and others caused substantial bodily harm to

patients.

> A source familiar with the investigation

> said the decision to refuse Metro’s request was made by Tony

, the

> board’s executive director and acting general counsel, and Lyn

Beggs, the

> deputy general counsel. did not return

> calls for comment. Beggs said she would not comment on the specific

case, but

> that generally speaking complaints that have not resulted in

disciplinary

> action are confidential under Nevada Revised Statute 630.336,

Subsection 4.

> “We complied with the subpoena with

> any public information we had and provided that to them,†Beggs

said.

> noted that Subsection 6 says the

> board may turn records over for a criminal investigation. It says

in part:

> “This section does not prevent or prohibit the Board from

communicating

> or cooperating with any other licensing board or agency or any

agency which is

> investigating a licensee, including a law enforcement agency.â€

> Investigators on Thursday sought the

> advice of Nevada Attorney General Cortez Masto’s office

and

> learned there was no problem with the board’ releasing the

complaints for

> the sake of a criminal investigation.

> But on Friday the medical board again

> refused to turn over the complaints.

> The attorney general’s office did

> not reply to the Sun’s request for comment.

> Sources close to the investigation are now

> concerned that the longer the wait for the records that have been

requested,

> the greater the chance they will be destroyed or lost.

> The board, which has strong connections to

> Desai, has been widely criticized for the way it has handled the

> Endoscopy

> Center investigation. Before Desai was

> disgraced by the hepatitis C scandal, he was one of

> Nevada ’s most prominent doctors. He is

> a former member of the medical board, and three current board

members have had

> to recuse themselves from the investigation into his conduct

because of their

> close ties. One founded an insurance company with Desai, another

has done

> consulting work for him and the third is his personal physician.

> assured Assemblywoman Sheila

> during Tuesday’s meeting of the Legislative Committee on

Health

> Care that the medical board’s primary goal is to protect the

public, not

> cover for doctors. She said she was dismayed to learn from the Sun

that the

> medical board was refusing to comply with Metro’s request for

complaints

> against Desai.

> “This situation sounds like more

> stonewalling to me,†said. “Given the circumstances of

this

> tragedy in Las Vegas ,

> it’s almost incomprehensible that they would get in the way of law

> enforcement doing their job. I just find it appalling that they

would throw up

> roadblocks to law enforcement getting what they need.â€

> said the

> Nevada law seems to clearly state that Metro

> should have access to the records. But it does not mandate that the

medical

> board turn over the records, and said the law may need to be

tightened.

> But then she suggested a different

> approach to reform.

> “I’m beginning to wonder if

> it’s the statute that needs tightening or if it’s the medical

board

> that needs removing,†said. “Perhaps we need to start

over

> with the medical board. This morning they said they are here to

protect the

> public. But their actions this afternoon contradict their

testimony. I would

> like to know why they’re not going to release that information.â€

> The nine-member board is appointed by the

> governor.

> noted that it took nine weeks for

> the medical board to suspend Desai’s license, an action it could

have

> taken days after the announcement that his clinic had caused the

hepatitis C

> outbreak. The situation required aggressive action, she said, but

the board has

> responded “with a cavalier attitude.â€

> Dr. Javaid Anwar, president of the medical

> board, did not return the Sun’s calls for comment.

> also questioned why

> is serving as both executive director and the

> acting general counsel.

> “I don’t think that’s

> very healthy,†she said. “I don’t know of another

> organization that operates like that. How can you advise yourself

if your

> actions are appropriate?â€

> said she’s lost faith in the

> medical board’s ability to protect the public.

> On a separate front Tuesday, County

> District Judge Allan Earl granted a motion by plaintiffs for a

preliminary

> injunction barring the Endoscopy Center of Southern Nevada and

Desai and

> partner Dr. Eladio Carrera from conducting any transaction of

$50,000 or more

> without the court’s permission.

> On April 30 the Sun reported that Desai

> had tried to ship his two Mercedes-Benzes to

> Dubai , and attorneys for people suing Desai

> were concerned that he might try to liquidate his assets, which

would make it

> difficult for them to gain access to his money if there’s a

judgment

> against him.

> Desai’s lawyer, Dominique Pollara,

> from Northern California , said Desai is not

> trying to move any of his assets.

> “He’s a

> U.S. citizen

> and has no intention going anywhere,†she said.

> Sun reporter Jeff German

> contributed to this story.

>

>

>

> No virus found in this outgoing message.

> Checked by AVG.

> Version: 7.5.524 / Virus Database: 269.23.9/1420 - Release Date:

5/7/2008 2:12 PM

>