Snake Oil Salesmen,
political results, part 2
Nevada:
The State Where Ethical
Principles Don't Apply
Other segments of
Nevada state government have displayed similar indifference to
ethical standards. For example,
a legislative audit published late last year
found that the Board of Homeopathic Medical Examiners had failed
to fulfill its mandate to supervise the NIRB, in part because it
had not properly policed itself or followed any coherent
policies since its inception in 1983. Pointing out that
the Homeopathic Board had not formulated any written procedures
until April 2006, the auditors stressed that the Board's
long-term problems had become especially acute during Dan
Royal's tenure as President. Among other
irregularities, the audit noted that Dan Royal had overcharged
for unjustified travel and lobbying expenses, failed to maintain
records, and run up unmonitored debts to the Attorney General's
Office in his fight with his dad. But rather than
suggesting that he be held accountable for any of these
derelictions, the auditors generously handed him an exit from
the mess that he had made:

An additional audit
of the NIRB, which was apparently separate from the
legislative audit of the Homeopathic Board, was conducted by the
Executive Branch Audit Committee sometime in 2006.
However, this undated audit failed to indicate the time period
under review, obscured the Homeopathic Board's legislative
mandate to "supervise" the NIRB, and neglected to name any
Homeopathic Board members or anyone else whom auditors might
have contacted in order to evaluate the NIRB's performance.
The beauty of this approach, at least from Dan Royal's
perspective, was that it facilitated
his strategy of using the disarray of the Homeopathic
Board under his leadership to justify releasing the NIRB
from any supervision at all.
But what is most telling about
both audits is that neither addressed the yawning chasm between
the Royals'
shenanigans and how medical research is normally conducted, nor
did either note that IRB's are supposed to safeguard human
subjects. Both audits accordingly yielded nothing but new
opportunities for Dan Royal's cronies to bicker with Fuller
Royal's allies about who was more selfish than whom. The
obvious conclusion that any competent auditor would reach after
surveying the goings on at both the Homeopathic Board and the
NIRB, which is that both should be immediately abolished, seems
not to have been an option. As a result, despite their
avowed "risk-based approach," the auditors failed to consider
the avalanche of lawsuits that will undoubtedly ensue if Nevada
state government gets even more mired in enticing the sick and
the dying to go there to buy untested nostrums from
state-certified quacks.
The Royals'
supporters in the legislature seem to be similarly unfazed by
the chaos at both the Homeopathic Board and the NIRB. In
March 2007, after
Dan Royal was removed as President of the Homeopathic Board,
and he and his business associates Dean Friesen and Robert
Gentry were fired from the NIRB, Senator Schneider sponsored
a
raft of bills that would have massively expanded Dan Royal's
control over medical research and treatment in Nevada.
Meanwhile, in a counter-offensive,
Fuller Royal lobbied the Assembly
to rewrite existing regulations so that Nevada
homeopaths would retain authority over the NIRB and get even
more leeway to prescribe untested treatments. The
wrangling among the Royals, which reached a high point when Dan
Royal's mother, Marie Royal,
bitterly denounced him at a public meeting on April 12, made
it hard to pass all of this legislation. But on April 13,
after
hearing testimony from Friesen, the Senate Committee on
Commerce and Labor unanimously supported
SB
361, which "authorizes the Nevada Institutional Review Board
to engage in various activities related to non-embryonic stem
cells."

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MEMBERS OF
THE COMMERCE AND LABOR COMMITTEE
In
their friendly discussion with Friesen, Committee members
stressed that they had worked closely with him to refine
the bill's provisions on stem-cell research and "transitioning"
to clinical applications. But even though they are charged
with overseeing state licensing boards, no Committee members
expressed concern about Friesen's status as an unlicensed
pharmacist. Nor did anyone mention that the legislature
had yet to hear from a single person with any qualifications
related either to institutional review boards or to medical
research. Silence likewise prevailed in regard to ongoing
investigations by the
Attorney General's Office of Royal and Friesen's violations
of state and federal law
during and after their tenure on the NIRB. Committee
member Warren B. Hardy, Jr. also stayed mum about the fact that
his father, W. Brent Hardy, Sr. had served
on the Homeopathic Board and tried to block Dan Royal's ouster
as President. But perhaps the greatest testament to
the Committee's capacity for sham was that everyone present
pretended not to know that Royal and Friesen had already been
forced to severe ties with the NIRB and that their only
remaining connection with the scheme was that they had
originally crafted it as a business venture in 2005.
Despite the unanimous approval of
the Commerce and Labor Committee, the fate of both the NIRB and
the stem-cell bill remained uncertain during the final weeks of
the 2007 legislative session. Then, late on June 3,
the day before the session ended,
under
the guise of a bill that would have eliminated the NIRB in July
2007, the legislature extended its existence for two more
years. Having replaced all references to "2007" with
"2009," lawmakers added the last minute stipulation that the
NIRB is authorized to "contract with a private company to
conduct studies or other work related to non-embryonic stem
cells in bioregenerative stem cell technology" so long as the
"Legislative Commission determines that it is in the best
interests of this State"
(p.387).
Since this bill orders a "study"
of issues related to alternative medicine to be carried out by
the Nevada Legislative Counsel Bureau (LCB), some people might
conclude that the homeopaths' activities could finally be
subjected to meaningful review (a word that was actually crossed
out in the amended bill). These hopes must be tempered by
an understanding of the past relationship between the LCB and
the homeopaths. Historically, the
Homeopathic Board has relied on the LCB
to legitimize
regulations that violate accepted medical standards and
undermine the allopathic Medical Board's mandate to supervise
its own licensees. Moreover, in reviewing the regulations
formulated when the NIRB was first created, the LCB apparently
missed the fact that no one involved had any expertise related
to the protection of human subjects or any other aspect of
medical research. And when Dean Friesen, who had been
forced to resign as NIRB President after Nancy Lucas filed a
restraining order against him, was somehow exonerated by the
Attorney General's Office, Friesen specifically
"thanked
the LCB (Legislative Counsel Bureau) for its help"
(3/10/06). Finally, when both the
Homeopathic Board and the NIRB were collapsing amid their
members' altercations, Senator Schneider offered to pull the
plan out of the fire "with
help from legal counsel at the LCB"
(3/28/06).
Anyone who imagines that sheer
stupidity might put in a crimp in these undertakings should keep
in mind that this is Nevada, where idiocy is no obstacle to
progress. In the final bill, for
instance, legislators made a point of keeping the
NIRB Medical Foundation, a 501(c)(3) that Dan Royal had
illegally created to avoid state audits, in place even
though its only trustees, Dan Royal, Dean Friesen, and
unlicensed accountant Robert Gentry, no longer had any
connection with the NIRB. Legislators likewise ignored Dan
Royal's misconduct during and after his troubled term as
President of the Homeopathic Board, which included not only
using his position to advance his business interests and other
failures of judgment, but also
fraudulently obtaining confidential information about other
homeopaths from the Attorney General's Office in an apparent
effort to find some grounds to sue fellow board members. And as
if all of this evidence of incompetence were
insufficient, Senator Schneider assured the public on June 30,
2007 that research into the safety and efficacy of stem-cell
therapy would be conducted, not by medical
experts, but by
government employees:
Under
the new law, legislative
staffers will report on
how placing stem cells
in individuals might
cure currently incurable
diseases. The measure’s
sponsor, Sen. Mike
Schneider, D-Las Vegas,
said the research could
establish Nevada as a
national leader in the
field. “It would be great
for medical tourism from
all over the world,”
Schneider said.
In light of the
elastic
language inserted into the final bill, it would not be
surprising if we soon hear Dan Royal argue that his business associate,
David Steenblock, or someone else at New Hope Medical is now
perfectly free to offer stem-cell therapy in Nevada.
Indeed, since medical research and treatment can be carried on
there by practitioners
who would not be regarded as qualified
anywhere else in the country, since state officials have yet to
show any interest in the ethical purpose of IRB's, since
no one on the Medical Board seems
concerned about the integrity of health care, and since federal
officials already have their hands full dealing with crooked
Nevada physicians, it would be
hard to stop anyone from conducting stem-cell studies
and/or clinical applications in any setting within state lines
now that this bill has passed. As remarkable as it seems,
the Nevadans' dream of medical tourism may already be a reality
now that state-sponsored charlatans are free to lure in the desperate, the ill,
and the dying to serve as guinea pigs for unregulated and
anti-scientific stem-cell experiments.


--pp. 386-387
Update 1/30/08
- The bickering among the
homeopaths has continued, but
Senator Michael Schneider has reportedly already obtained an opinion
from the Legislative Counsel Bureau on the legality of the NIRB
and the activities of his friend and personal physician, Dan Royal.
Schneider has, however, refused to make this opinion public so we
don't know if the NIRB has already contracted with a private company
to undertake stem-cell studies. It is important to note that the
homeopaths have historically rejected preliminary research in favor
of clinical applications so whatever "work" they may be engaged in
would almost certainly involve human subjects. Moreover, Dan
Royal began to advertise "stem-cell research" as one of the services
offered at New Hope Medical long before Schneider introduced
legislation that would authorize him to conduct this research.
In an additional effort to
keep this scheme alive,
Senator Schneider apparently met with Nevada Attorney General
Catherine Cortez Masto in October 2007 to convince her to
protect Dan Royal from a complaint filed against him by other
members of the Homeopathic Board. While the Board's complaint,
which alleges that Royal allowed his business partner, unlicensed
pharmacist Dean Friesen, to misrepresent himself as a doctor in
treating patients at New Hope Medical, has yet to be resolved, Royal
has responded that the Homeopathic Board has no jurisdiction over
his practice because he operates solely as an osteopath, and not as
a homeopath, despite his ongoing membership on the Homeopathic
Board. From Royal's perspective, this familiar strategy makes
sense because the Nevada State Board of Osteopathic Medical
Examiners is even more dysfunctional than the Medical Board and the
Homeopathic Board. For confirmation of the Osteopathic Board's
glaring incompetence, just visit
its error-ridden web site, where it boldly asserts that its
mission is "to
protect and safeguard the public by licensing and disciplining
well-educated and competent Doctors of Osteopathy and Physician
Assistants." (If you can't detect what is illogical in that
statement, you've spent too much time in Nevada.)
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A Note on
Media Distortions:

When
it comes to dealing with questionable healthcare, some media outlets
in Nevada have been as irresponsible as state officials in
misleading the public. Going far beyond the PR piece on
the NIRB published by the
Review-Journal in 2005,
KTNV
ABC News
created a full-page ad for Dan
Royal's New Hope Medical Clinic that was featured on the Health
Connections section of its web site for months during 2007.
The multimedia ad was not only mixed indiscriminately with news,
but also included an infomercial
full of misleading materials that was produced by the station
itself and presented
under its logo.
Highlights
of the KTNV ABC video include a conversation with New Hope
Medical Director Dean Friesen, whose white coat and comments on
focusing on the "art" rather than the "science" of medicine make
it hard to tell that he is an unlicensed pharmacist rather than
a physician. It is likewise disconcerting to hear Dan
Royal stress that he goes beyond merely infusing patients
with FDA-disapproved and non-homeopathic doses of human growth
hormone, but also strives to discover other ways to administer
drugs that would not be prescribed by conventional physicians.
Finally, while the stem cell research that is apparently being
carried on at New Hope Medical isn't mentioned in the
infomercial, it was prominently featured on a sidebar on the
Health Connections web page. What isn't clear is exactly
who is conducting this research since the ad fails to identify
anyone at New Hope Medical who is qualified or authorized to
pursue stem-cell studies.
"Complimentary Medicine" = "You look great!" |
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