Jail psychiatrist’s background is questioned

Keith Paul and Steve Kanigher

Thursday, May 24, 2001 | 10:53 a.m.

A Las Vegas doctor who provides psychiatric services for Clark County jails has been allowed to practice medicine in Nevada even though he is barred from doing so in two other states.

Dr. Gilles Desmarais, a licensed psychiatrist in Las Vegas since 1989, was disciplined by the Massachusetts Board of Registration in Medicine in 1994 for allegedly having sex with a patient in late 1974 and early 1975, when he was practicing in that state. Desmarais, who works for Prison Health Services providing care for inmates in the Clark County, Henderson, North Las Vegas and Las Vegas jails, did not return a call this morning.

Some local jails are reviewing the allegations, and officials from at least one jail planned to meet with his employer.

Desmarais, 65, admitted he married and later divorced the woman. But he denied that he had sex with her while she was his patient. Nonetheless, in 1993, just before the Massachusetts board announced its investigation, he chose not to renew his medical license in that state. The board proceeded anyway and in December 1994 ruled that he would not be able to renew his license if he chose to do so.

Demarais had not practiced medicine in Massachusetts since 1985, but had kept his license current.

"The respondent has engaged in conduct that undermines public confidence in the integrity of the medical profession and which demonstrates a lack of good moral character," board Chairman Paul Gitlin wrote in the ruling. "By engaging in sexual activity with a patient, the respondent crossed the boundary, which separates reasonable and appropriate professional conduct from unacceptable personal relations."

After leaving Massachusetts, the Harvard-educated doctor ran a bookstore in San Francisco for a year, then resumed his medical practice in Wyoming in 1986 and 1987 before moving to Las Vegas in 1988.

In 1995, a year after the Massachusetts ruling, Desmarais signed an agreement with the Arizona Board of Medical Examiners that barred him from further medical practice in that state. Board spokeswoman Lisa McGrane declined Wednesday to say whether Arizona, where Desmarais had a license since 1988, sought the agreement because of the Massachusetts ruling. She said the reasoning was confidential.

But she added that medical boards are normally informed through national data banks when boards in other states have taken action against licensed physicians in their states.

"We actually take a look at that to see if an investigation needs to be opened here," McGrane said.

But the Nevada State Board of Medical Examiners renewed Desmarais' license in 1995, 1997 and 1999, even though it knew of the Massachusetts ruling. The board's deputy executive director, Maureen Lyons, declined to say why Nevada has continued to renew his license, but noted that the board has never had cause to discipline him in this state.

"We cannot speak to any investigation that may or may not be going on, but there has been no formal action filed against him by this board," Lyons said.

The federal government also dismissed an investigation against the psychiatrist that was launched after the Massachusetts decision. At stake was whether Desmarais would be excluded from taking Medicare patients.

In October 1995 the Health and Human Services Department wrote to Desmarais informing him that it had "closed our case file and we anticipate no further action on this matter at this time." The decision meant that the doctor could continue to take Medicare patients.

Gary Peck, executive director of the American Civil Liberties Union in Nevada, said he was furious that the state of Nevada would allow Desmarais to continue to practice medicine. The ACLU, which has charged that local jails operate under "deplorable" conditions, believes Desmarais' participation with those facilities is yet another reason why the jails must be improved for the betterment of the inmates, Peck said.

"He not only had his license taken for the grossest sort of misconduct, which obviously compromised his ability to practice medicine, but that was followed by a pattern of dishonesty and evasiveness that further brings into question the ethical standards of the state of Nevada," Peck said.

Desert Springs Hospital in Las Vegas, for instance, informed Desmarais in writing in December 1997 that he was going to be reprimanded for failing to include "relevant historical information" when he sought to be recredentialed by that hospital. Nonetheless, he was reappointed by the hospital's medical executive committee.

Desmarais works for Prison Health Services, a Nashville, Tenn., company that contracts with local jails to provide medical services for inmates. Larry Pomeroy, a company spokesman, could not be reached for comment this morning.

North Las Vegas jail officials were to meet with Prison Health Services officials today to discuss the allegations raised about Desmarais, Capt. Dan Lake, a jail spokesman, said.

"We do background checks on the medical staff to make sure they are not wanted and make sure they are licensed by the state," Lake said. "The allegations are in the ballpark of the agency that licenses doctors."

Lake said the jail staff has never had any problems with Desmarais and he will be allowed to continue treating inmates in the North Las Vegas jail at this point.

"We have no reason to take any action at this juncture," Lake said. "The allegations are definitely something of concern, but he is a licensed doctor, and we have had no problems with Dr. Desmarais."

Henderson Police informed the company that Desmarais would not be allowed into the jail to treat inmates until police have checked out the allegations, Police Chief Michael Mayberry said.

Mayberry said he had just learned about the allegations and was still reviewing the information.

Metro Police Deputy Chief Greg Jolley declined to comment.

In all of the jails, any doctor would be escorted by jail personnel when meeting with an inmate, officials said.