Las Vegas Sun

March 28, 2024

Medical board refuses to release Desai complaints

Group accused of protecting doctors, not public

Desai

Steve Marcus

Dr. Dipak Desai, center, owned the Endoscopy Center of Southern Nevada, where dangerous injection practices have led to eight confirmed cases of hepatitis C.

Sun Topics

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 Scott Mitchell, 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.

Mitchell 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,” Mitchell 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 Clark, the board’s executive director and acting general counsel, and Lyn Beggs, the deputy general counsel. Clark 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.

Mitchell 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 Catherine 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.

Clark assured Assemblywoman Sheila Leslie 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,” Leslie 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.”

Leslie 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 Leslie 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,” Leslie 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.

Leslie 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.

Leslie also questioned why Clark 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?”

Leslie said she’s lost faith in the medical board’s ability to protect the public.

On a separate front Tuesday, Clark 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.

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