Doctor who reused medical devices gets license back but must have monitor

The Nevada State Medical Board, which suspended Dr. Michael Kaplan’s medical license in March because he reused single-use medical devices in prostate biopsy procedures, reinstated his license Tuesday.

And the board stipulated in its reinstatement order that the urologist, who the board had said stopped reusing single-use needle guides only when they became "too bloody," can once again perform invasive procedures at his office as long as a "third party" health professional is on hand to monitor his infection control efforts.

"We determined through our investigation to this point that the imminent risk to the health, safety and welfare of the public has been ameliorated," said Doug Cooper, the board’s executive director. "Dr. Kaplan can immediately see patients without doing invasive procedures, but if he does an invasive procedure, he must be monitored throughout."

The Southern Nevada Health District has notified more than 110 of Kaplan’s patients that they need to get tested for HIV and hepatitis. So far, there have been no reports of infection.

Two weeks after the board took its suspension action against Kaplan, a second urologist, Dr. Lawrence Newman, reported himself to the board. Cooper said he, too, incorrectly believed he could sterilize single-use plastic endocavity needle guides.

A source close to the state’s infection control efforts said Newman, like Kaplan, told authorities that a vendor had said the plastic needle guides could be used more than once. No board action has been taken against Newman.

Kaplan said Tuesday that he was "excited to be going back to work." Never, he said, did he purposely put patients at risk. A vendor for the equipment, he said, had given him bad information.

"I wasn’t trying to cut corners," he insisted. "I never have intended to make any excuses for what I did. It shouldn’t have been done. But I want people to know why it happened."

Dominic Gentile, Kaplan’s attorney, told the Review-Journal that a Providian Medical Equipment vendor, who was distributing needle guides made by CIVCO Medical Solutions, admitted to his law firm that he told Kaplan that the plastic needle guides could be used more than once. A Providian spokesman issued a statement saying the firm was looking into the situation, which Gentile fears is a national problem.

"This isn’t an attempt to justify what was done," Gentile said. "This shouldn’t have been done. It’s an explanation."

Patients of both Kaplan and Newman questioned why the doctors would listen to a salesman rather than follow what they have been taught throughout their medical careers about single-use devices.

The single-use needle guides, plastic sheaths through which needles are directed to obtain biopsy material, regularly come in contact with blood and bodily fluids, which could be passed to another patient if reused.

Lee Hornstein, a former patient of Kaplan’s, was stunned by the board’s action.

"I’m dumbfounded," said the 69-year-old retired businessman who got tested for hepatitis and HIV even though the prostate biopsy he received from Kaplan wasn’t within the December-to-March time frame in which the board said Kaplan’s patients were at risk for blood-borne diseases. "Holy mackerel, the board doesn’t even know yet whether people are going to come down with infections. Many people have to get tested again in six months. I guess the board knows something we don’t."

Cooper said it is not unusual for the board to reinstate a license until a final disciplinary hearing as long as the board determines the public safety is not currently at risk. For instance, he said an orthopedic surgeon who might have had his license suspended because of repeated problems with a procedure might get his license back pending a final hearing as long as he stipulates to not doing the procedure in question.

"In this case, we were concerned about infection control, and we’re confident that has been handled," Cooper said, noting that Kaplan could still face stiff penalties at his disciplinary hearing in about 90 days.

In explaining why the board has taken no action against Newman even though he admitted reusing single-use medical devices on 150 patients over a three-year period, Cooper noted that Newman reported himself to the board, stopped the practice and began notifying his patients.

"These are two different cases," Cooper said.

The monitor who will go to Kaplan’s office will be a health care professional "trained in infection control," Cooper said. The monitor must be approved by the board, and Kaplan is responsible for the cost.

The board listed 13 procedures during which a monitor must be present, including prostate biopsies, cystoscopies, catheter placements, vasectomies and removal of scrotal and penile lesions.

Kaplan, who told the R-J that he and his attorney had suggested the idea of a third party monitor to the board, said he wanted the board "to be comfortable that our practices are safe."

A board hearing that was scheduled for today to determine whether Kaplan’s summary suspension would stay in effect was canceled after Kaplan agreed to the stipulations of the board.

Gentile said he was impressed that the board acted in a manner that protects both the public and the physician. He said too often public agencies don’t act in the interest of fairness but to impress a public that might be clamoring for action that is unfair.

Kaplan said he wanted to make it "crystal clear" that he always thinks about his patients’ safety and that he would never do anything to deliberately put them at risk.

Former patient Hornstein said he wonders how many people would want to become patients of Kaplan’s because of "his lapse" of professionalism.

"I know he’s going to be exceedingly careful, but still," he said, letting his thoughts trail off. "Well, I wish him nothing but the best. After all, he helped start our prostate cancer support group, so he is a good man."

Contact reporter Paul Harasim at pharasim@review journal.com or 702-387-2908.

ad-high_impact_4
News
Dave Dave, whose dad set him on fire in 1983, dies
Dave Dave, a respected Las Vegas artist who was badly scarred as a boy when his father tried to burn him to death in Southern California, died at Sunrise Hospital on July 15. He was 42. When he was 6, Dave's father tried to kill him by setting him on fire. He was given a sleeping pill and his bed at a Buena Park, California, motel was doused with kerosene. “I remembered being in a lot of pain,” Dave told the Review-Journal in 2016. “When stuff happens to you at that young of an age, you tend to block it out, but I remember the pain was excruciating.” Dave, who was born David Rothenberg, became close friends with Michael Jackson, who met him after the attack, which burned more than 90 percent of his body. “I wanted to meet him, and he wanted to meet me, and that just turned into a lifelong relationship that never ended,” Dave said. “It was amazing being friends with Michael Jackson. He was an amazing person.” Dave attended ArtCenter College of Design in Pasadena, California, and collaborated with various artists around Las Vegas, eventually selling his art to private collectors. Despite his challenges, he continued to live, thrive and create. Dave Dave
Homicide detectives investigate woman's death
Las Vegas police were called to Tahiti Village Resort early Wednesday after calls that someone had been shot. Police found a woman’s body between a parking garage and boiler room on the resort's property. A guest first reported hearing gunfire. There are no witnesses, but police will examine surveillance videos and look for clues. The woman was not identified, but a purse was found near the body. She did not appear to be a guest at the resort.
LVMPD Discusses Ross Dress for Less Shooting
LVMPD Assistant Sheriff Charles Hank discussed the 15th officer-involved shooting of the year at a press conference at Metro headquarters on Tuesday, Aug. 14. The active-shooter incident took place at the Ross Dress for Less store at the 4000 block Blue Diamond Road in the south Las Vegas Valley. (Madelyn Reese/ Las Vegas Review-Journal)
Metro Asst. Sheriff Brett Zimmerman on Aug. 8 officer-involved shooting
Metropolitan Police Department Assistant Sheriff Brett Zimmerman met with media Monday to discuss the details of the 14th officer-involved shooting of the year. (Madelyn Reese/ Las Vegas Review-Journal)
Clark County School Board president Deanna Wright on travel expenses
Clark County School Board President Deanna Wright says she followed proper expense protocol in trip to Florida last year.
Matt Kelly Elementary School hosted its third annual Back-to-School Red Carpet Program
Matt Kelly Elementary School hosted its third annual Back-to-School Red Carpet Program where community and business leaders joined to welcome students back with an inspirational welcome. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Shooting leaves 1 dead in southeast valley
A man was found fatally shot in the doorway of a squatter apartment after an argument ended in gunfire on Sunday night. Officers responded about 10:30 p.m. to the Silver Pines apartments and discovered the man in a breezeway in one of the buildings. The wounded man died at the scene, despite the efforts of another person, who tried to administer medical aid. Witnesses saw a man and a woman flee the scene, but were unable to give police a clear description.
North Las Vegas unveils new school crosswalk
North Las Vegas councilman Isaac Barron talks about the new school crosswalk in front of CP Squires Elementary School Monday, August 6, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
LVMPD Briefing on OIS #13
Assistant Sheriff Tim Kelly held a press conference to discuss details of the 13th officer-involved-shoot for the department in 2018. Video shows the moments before the suspect was shot. The shooting, which has been edited out, occurred as the suspect lunged at an officer outside the apartment. (Madelyn Reese/Las Vegas Review-Journal)
Sedan and semitrailer collide in south Las Vegas
An early Wednesday morning crash has left one person in critical condition. A sedan and semitrailer collided around 4 a.m. at the corner of Spencer Street and Serene Avenue. Police do not believe impairment is a factor in the crash. Spencer has been blocked off north of Serene while police continue their investigation.
Cybersecurity Professionals Flock to Las Vegas for Black Hat
Black Hat USA, the largest annual cybersecurity conference, is expecting a record 17,000 attendees during its six-day run at the Mandalay Bay Convention Center this week. One thing attendees have in mind is making sure they don't get hacked while they're there. (Madelyn Reese/Las Vegas Review-Journal)
Police chase ends with suspects captured in east Las Vegas
An early Tuesday morning chase ended with a car crash in an east Las Vegas neighborhood. Police were pursuing the vehicle, which they say was involved in robberies in Las Vegas and North Las Vegas, when the driver crashed at Owens and Statz Street. A man was taken into custody. A woman was ejected from a vehicle and taken to a hospital with non-life threatening injuries. The intersection at Mojave Road and Owens Avenue was shut down while police officers searched for the suspect and investigated. The intersection will remain closed for most of the morning.
Record number participate in Touro University Nevada White Coat Ceremony
Three hundred sixty-five medical students received their white coats during the Touro University Nevada White Coat Ceremony at the M Resort in Henderson Monday. The ceremony was developed to honor students in osteopathic medicine, physician assistant studies, nursing, occupational therapy and physical therapy as they accept the professional responsibilities inherent in their relationship with patients. (K.M. Cannon/Las Vegas Review-Journal)
Stop for school buses, urges CCSD
Clark County School District Police Department hold a mock traffic stop at Centennial High School in Las Vegas, Monday, Aug. 6, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Work Begins at Las Vegas Community Healing Garden
Crews moved the wooden Remembrance Wall at the Las Vegas Community Healing Garden on South Casino Center Boulevard Monday. Construction on a permanent wall is set to begin within the week. (Madelyn Reese/Las Vegas Review-Journal) @MadelynGReese
Man wounded outside Cottages apartment
Las Vegas police don't have a motive after a man was shot early Monday morning outside a northwest valley apartment. The man's mother called police to say her son had been shot. She called police around 1:15 a.m. Other people were inside the apartment but no one else was injured. Police are still looking for the shooter.
Ride new Interstate 11 segment in one minute
Interstate 11 opens to the public Thursday, providing sweeping views of Lake Mead, art deco-style bridges and a mural illustrating the construction of Hoover Dam. (K.M. Cannon/Las Vegas Review-Journal)
Miss El Tiempo 2019
Miss Teen El Tiempo and Miss El Tiempo 2019 were crowned at Sam's Town Saturday, August 4, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Las Vegas Woman Raises Awareness for Anxiety and Depression
Cassi Davis was diagnosed with anxiety and depression after the birth of her second child. After seeking help and support, she felt that there wasn't enough for support for those living day in and day out for those with mood disorders. She created the Crush Run, set for Sept. 22, to raise money for the Anxiety and Depression Association of America and bring together a community of people who live with the same conditions she does. (Madelyn Reese/Las Vegas Review-Journal)
North Las Vegas marks the opening of Tropical Parkway connector
The City of North Las Vegas, Nevada Department of Transportation and other partners celebrated the opening of the Tropical Parkway connector to Interstate 15 and the Las Vegas Beltway. The stretch of road will make access easier for distribution centers for Amazon, Sephora and other companies moving into an 1,100-acre industrial area rising near the Las Vegas Motor Speedway. (K.M. Cannon/Las Vegas Review-Journal)
Bighorn sheep with West Temple in background at Zion National Park
A bighorn sheep walks through Zion National Park (National Park Service)
Adult Superstore location closes after 45 years
The Adult Superstore on Main Street has closed its doors for good after 45 years. The shop, which offered a multitude of adult toys, novelty items and movies, opened in 1973. Four other locations remain open. A note on the front door tells customers, “We can’t fully express our sorrow.” Adult Superstore was awarded Best of Las Vegas adult store by the Review-Journal in 2016 and 2017 .
Funeral held for Las Vegas corrections officer
Department of Public Safety Correctional Officer Kyle Eng died July 19 after a fight with an inmate at the Las Vegas Jail. A funeral was held for Eng at Canyon Ridge Christian Church Monday, July 30, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
What Back-To-School Shopping Is Like For a CCSD Parent and Teacher
Laura LeBowsky, a CCSD special education teacher and mother of two, set out to shop for her children's supply lists at her local Walmart and Target. She was looking for deals to try to keep the total under $150, while also allowing Chloe, 8, and Brady, 6, some choice in what they wanted. (Madelyn Reese/ Las Vegas Review-Journal) @MadelynGReese
Businesses struggle to fill food manufacturing jobs
Chelten House is a family-owned food manufacturing company from New Jersey. They created a facility in Vegas five years ago and have struggled to find experienced workers in the area. (Marcus Villagran/Las Vegas Review-Journal)
LeBron heckler crosses line, altercation erupts
NBA superstar LeBron James, his wife, Savannah, and daughter Zhuri were at Liberty High School to watch Bronny James in action Wednesday night. But an unruly fan wearing a Michael Jordan Chicago Bulls jersey heckled the newest Los Angeles Laker. The man screamed at event security with LeBron and his family about 150 feet away. The man had to be restrained, triggering a brief altercation with security. James and his family were escorted out a side door along with Bronny's team, the North Coast Blue Chips. Event officials canceled the game between the Blue Chips and Nike Meanstreets.
Las Vegas Oddities Shop in Downtown Las Vegas
Las Vegas Oddities shop owner Vanessa VanAlstyne describes what's for sale in one of the weirder and wackier stores in Downtown Las Vegas. The store opened less than a year ago and carries everything from human bones to "rogue" taxidermy to Victorian death photography. (Madelyn Reese/ Las Vegas Review-Journal)
Trying to Staying Cool in the Las Vegas Heat
Cooling stations like Cambridge Recreation Center's opened across the Las Vegas Valley this week after the National Weather Service issued an excessive heat warning for the area. (Madelyn Reese/ Las Vegas Review-Journal)
MountainView's nurses protest outside hospital
MountainView Hospital's nurses affiliated with the Nevada chapter of the national Nurses Organizing Committee picketed outside MountainView Hospital Tuesday to urge the hospital to address high turnover rates and understaffing. (K.M. Cannon/Las Vegas Review-Journal)
Excessive Heat Slams Las Vegas This Week
The National Weather Service issued an excessive heat warning for Tuesday, July 24 through Thursday, July 26 in Las Vegas. People are reminded to limit outdoor activity, drink plenty of water and wear sunscreen. Visit weather.gov/heat for more heat safety tips. (Madelyn Reese/ Las Vegas Review-Journal)
Life
Kids become firefighters at Fire Station 98 open house
Henderson residents wore fire hats, learned about CPR and met firefighters at the Fire Station 98 open house Saturday, August 11, 2018. (Marcus Villagran Las Vegas Review-Journal) @brokejournalist
People from all over the world attend RollerCon 2018
RollerCon 2018 is a five-day convention focused on the roller derby community and culture at Westgate in Las Vegas. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Camp Broadway teaches kids how to sing and dance
The Smith Center's seventh annual Camp Broadway musical theater program gives 150 kids ages 6-17 an opportunity to learn musical theater skills from industry professionals over a five-day period. Marcus Villagran/ Las Vegas Review-Journal @brokejournalist
Las Vegas police officer on being PETA's Sexiest Vegan Next Door
Las Vegas police officer David Anthony talks vegan lifestyle and how he feels about being voted PETA's sexiest Vegan next door from his home on Monday, July 9, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
'NO H8' Campaign comes to Las Vegas
Hundreds of locals participate in the NO H8 campaign founded by Adam Bouska and Jeff Parshley as a response to Proposition 8, a California ban on same-sex marriage. The campaign has since evolved to represent equal treatment for all. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Over 40,000 People Attend The 4th Of July Parade In Summerlin In Las Vegas
Over 40,000 People Attend The 4th Of July Parade In Summerlin In Las Vegas. (Janna Karel Las Vegas Review-Journal)
Star Wars and Golden Knights mashup at downtown art shop
Star Wars and Vegas Golden Knights fans attend the Boba Fett Golden Knight Paint Class at The Bubblegum Gallery in Las Vegas, Friday, June 29, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Bark-Andre Furry meets Capitals superfan Ovie the Bulldog
Two of NHL's furriest fans met at the Forum Shops in Caesars Palace on Tuesday, June 18, 2018, in Las Vegas. Vegas Golden Knights superfan Bark-Andre Furry and Washington Capitals superfan Ovie the Bulldog shared a plate of meatballs and spaghetti with help from Logan, "The Girl with the Hat." (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
TOP NEWS
News Headlines
Add Event
Home Front Page Footer Listing
Circular
You May Like

You May Like