Guinn seeks malpractice law change

Erin Neff

Thursday, May 9, 2002 | 11:11 a.m.

Gov. Kenny Guinn said this morning that he would be willing to convene the state Legislature to change the law to help him address the state's medical malpractice crisis.

Neither Guinn nor his staff offered specifics on what he wants to do, except to say that the governor is seeking "emergency powers" to help solve the crisis.

"We can't really elaborate on that," spokesman Greg Bortolin said. "All we're doing is looking at everything possible to address this medical malpractice crisis."

Guinn said this morning on the television show "DayONE Las Vegas" that he is awaiting a decision from the attorney general's office on which emergency powers he can use to address the crisis. He expects a decision tomorrow.

"If I can't have the authority to do what I want to do in some of those areas ... then I could look at taking some action in a special session," Guinn said.

The governor did not specifically address what law needed changing, and reached through an aide after his television appearance, he refused to comment further. He did not specifically address all the changes or solutions he is considering.

The crisis, caused last year when a medical malpractice insurance company backed out of the state, has caused more turmoil as doctors' insurance contracts have come up in the last few months. The state has already started an interim insurance fund, but doctors are complaining about the cost and several have said they plan to leave the state.

On the Las Vegas ONE program this morning, the governor said among things he is considering is waiving some restrictions on doctors who want to enter the state. He said restrictions have hurt the state's efforts to attract doctors from other states.

Nevada is one of four states that requires physicians to have completed three years of progressive residency to get a license. But many doctors who graduated from medical school more than 10 years ago typically completed only two years of residency, according to Larry Matheis, executive director of the Nevada State Medical Association.

Matheis said that some qualified "senior" physicians who are licensed in other states cannot get a licence in Nevada because of those requirements.

"Certainly it's good to have high standards, but we are going to have difficulty recruiting," Matheis said. "They may have the experience, but not that technical requirement of three years of residency."

Until last year, the Nevada Board of Medical Examiners had the ability to wave the requirements in certain cases as the board deemed appropriate. However, the Legislature changed the law in the 2001 session to remove that flexibility, Matheis said.

"That has been a barrier in recruiting, and certainly it is an issue in the problems we're facing today," Matheis said.

Earlier this week, Guinn ordered staff members to develop options to avoid a health crisis after several obstetricians said they had stopped accepting new patients because of the burgeoning cost of medical malpractice insurance.

After spending a couple "long nights" studying the situation, "I think there are some possibilities," Guinn said.

On the program, Guinn did reiterate that he would not convene a special session of the Legislature to address tort reform or other major issues related to the crisis.

"That would take too long," Guinn said.

But he said he would be willing to call a special session of the Legislature if the unspecified emergency power he is seeking is not authorized by the Attorney General's office.

Attorney General Frankie Sue Del Papa could not be reached this morning.

Since Guinn's strategy is still being developed, state lawmakers said Thursday they were unclear what they could be asked to approve in a special session. Some lawmakers said they would have no comment until Guinn or his staff announces specific details.

State Senate Majority Leader Bill Raggio, R-Reno, said he had not talked to the governor for several weeks but said he saw reports on the issue, which has primarily hit Clark County.

"I don't know if it's a crisis, but it's an issue that has to be looked at," Raggio said this morning.

He said there are three or four issues involved, including the premiums that are paid by the doctors and also whether tort reform should be enacted. He noted there is a legislative committee looking at tort reform and gathering facts. The committee meets in Las Vegas on Monday.

This is the second time this year the issue of a special session has been floated. Previously, the governor discussed calling a special session to help fund the Yucca Mountain fight. After finding little support, he declined to call a session.

In a previous Sun survey of lawmakers about whether they supported a special session on Yucca Mountain, many said they would support a special session to address the malpractice crisis.

"I absolutely think we should have a special session for that," Assemblywoman Sandra Tiffany, R-Henderson, said last week.

Sun reporters Stacy Willis and Cy Ryan contributed to this story.