State moves to tighten hepatitis C laws

By Cy Ryan (contact)

Tuesday, July 29, 2008 | 6:03 p.m.

CARSON CITY – Learning a lesson from the hepatitis C outbreak inquiry in Las Vegas, the state wants more authority to conduct investigations, including taking control of the medical records of a center.

The state Health Division is also preparing a bill for introduction at the 2009 Legislature to allow a cease and desist order be issued if a medical emergency arises.

Richard Whitley, administrator of the division, said the agency found out from its legal counsel during the hepatitis C investigation it didn’t have the authority to order a halt to a medical procedure while the facility is operating.

The Health Division wants that authority.

It outlined its proposals to the Legislative Committee on Health Tuesday and lawmakers gave their blessing.

Assemblyman Joseph Hardy, a physician from Las Vegas, said he wants to make sure the medical records are whole and not erased or doctored. “I don’t want them put in a warehouse where we can't get at them.”

Senate Minority Leader Steven Horsford, D-Las Vegas, said he didn’t want any loopholes in the law that would compromise the investigation. He said law enforcement officers should also have access to these records along with health officials.

And the health division wants more power to subpoena records during an ongoing investigation of a medical facility.

Nine cases of hepatitis C have been linked to a closed Las Vegas endoscopy clinic. Health investigators believe nurse anesthetists transmitted the disease to patients after contaminating anesthesia vials with reused syringes.

Legislators also want the state to conduct more inspections of surgical centers for ambulatory patients. The state Health Board is going to adopt a regulations requiring accreditation of these facilities.

But Sen. Joe Heck, also a physician from Clark County, said accreditations are performed every three years by a federally recognized entity. He said this “may lead the public to think they are safer than they are.”

He and Assemblywoman Susan Gerhardt, D-Henderson, favored more inspections by the state of these centers.

The committee also endorsed the suggestion of Lawrence Sands, chief health officer of the Southern Nevada Health District to hold “harmless” the local districts that are involved in the investigation. He said the local district should not be sued or held liable for its conduct or the results of the investigation.

The district is also recommending the definition of disease in state law be expanded to include exposure, outbreak and significant health event. That will provide health authorities with the necessary authority to investigate issues such as elevated lead levels or suspected exposures to biological, radiological or chemical agents.

Assemblywoman Sheila Leslie, chairwoman of the health committee, said these recommendation “will speed up the response and will be better responses,” to these health crisis.

She emphasized these are just bill drafts and the issues will be fully debated during the 2009 Legislature.