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040557

Nevada says enough to 'the needle and the damage done'

Because what happens in Vegas doesn't always stay in Vegas and can lead to liver failure

By Robert Sale Jun 03 2009, 04:15 AM

Here's a quiz for you medical practitioners out there. Reusing syringes is: A) an effective cost-cutting measure, or B) an excellent way to get sued into oblivion for malpractice and gross negligence? If you picked B, congratulations! You can hold on to your medical licenses.

If you picked A, then I've got some bad news for you. And you've probably got some bad news for your patients. The Nevada state legislature is passing bills left and right to make sure that the practice of syringe re-use is tossed out with the next biohazard trash.

A tragedy involving sloppy (basic!) medical practices in early 2008 has been causing ripples ever since.

In February 2008, the Southern Nevada Health District announced that unsafe anesthetic practices involving reused syringes had led to the contraction of hepatitis C by six patients, prompting them to send letters to over 40,000 people who had been treated by the Endoscopy Center of Southern Nevada, urging them to be tested for hepatitis B and C as well as HIV. According to Joseph Perz of the Centers for Disease Control and Prevention, it was "the largest patient notification of its kind."

Since then, three more cases were confirmed to have originated at the endoscopy center and over 100 cases yet to be resolved were potentially associated with it, prompting outrage, hysteria and a slew of new legislation designed to curb the shockingly prevalent neglect of simple procedures like sterilizing equipment and discarding used syringes --- procedures that, according to a senior staff member at the University of Nevada School of Medicine, are "repeated and ingrained" into the heads of first-year med students.

The most notable bill arising from this mess, Assembly Bill 123, requires clinics or other health facilities that perform outpatient surgical procedures to be subject to yearly inspections that are performed unannounced, as opposed to announced inspections every three to six years. This move was likely motivated by the quite literally sickening findings of surprise inspections carried out at over 50 Nevada facilities the week following the endoscopy center scandal. After a full week of press coverage and public outcry, two more facilities in Las Vegas and Reno were caught reusing syringes.

According to the head of the Nevada State Medical Association, Larry Matheis, "This [bill] can assist in immediate corrections." He even showed high hopes for the bill's application, saying, "this may become a new national model."

One of the 5 other bills stemming from this is Assembly Bill 10, which provides key whistleblowing safeguards for nurses and other medical personnel who either blow the whistles themselves or cooperate with investigations prompted by said whistleblowers. Another bill, Assembly Bill 495, removes the $350,000 limit on "pain and suffering" damages that can be collected in lawsuits involving "gross negligence" of the kind that occurred at the endoscopy center.

The Nevada executive branch is getting in on the action as well in setting national precedent. The state's Department of Health and Human Services has already joined forces with a national medical accrediting agency and is linking up with 10 other accrediting organizations nationwide in order to help control similar outbreaks. Assembly Bill 123 mandates that all ambulatory surgery facilities must be nationally accredited, so the Nevada DHHS will have almost instant access to the accreditation agencies' reports as well as the power to act on their findings

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