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XAVIER BECERRA Attorney General of California MARY CAIN-SIMON Supervising Deputy Attorney General CAROLYNE EV ANS Deputy Attorney Gener.al State Bar No. 289206
455 Golden Gate A venue, Suite 11000 San Francisco, CA 94102-7004 Telephone: ( 415) 510-3448 Facsimile: (415) 703-5480
Attorneys for Complainant
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
Ivan L. Goldsmith, M.D. 5375 S. Fort Apache Road Las Vegas, NV 89148
Physician's and Surgeon's Certificate
Case No. 800-2019-051547
ACCUSATION
17 No. G 129512,
18 Respondent.
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22 Complainant alleges:
23 PARTIES
24 l. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official
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25 capacity as the Executive Director of the Medical Board of California, Department of Consumer
26 Affairs (Board).
27 2. On or about March 29, 2014, the Board issued Physician's and Surgeon's Certificate
28 Number G 129512 to Ivan L. Goldsmith, M.D. (Respondent). The Physician's and Surgeon's
L
(IVAN L. GOLDSMITH, M.D.) ACCUSATION NO. 800-2019-051547
Certificate was in full force and effect at all times relevant to the charges brought herein and will
2 expire on March 31, 2020, unless renewed.
3 JURISDICTION
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3. This Accusation is brought before the Board, under the authority of the following
laws. All section references are to the Business and Professions Code unless otherwise indicated.
4. Section 2227 of the Code provides, in part, that a licensee who is found guilty under
the Medical Practice Act may have his or her license revoked, suspended for a period not to
exceed one year, placed on probation and required to pay the costs of probation monitoring, be
publicly reprimanded, or such other action taken in relation to discipline as the Board deems
proper.
5. Section 2234 of the Code provides that the Board shall take action against a licensee
12 who is charged with unprofessional conduct.
13 6. Section 2305 o~ the Code states:
I 4 "The revocation, suspension, or other discipline, restriction or limitation imposed by
15 another state upon a license or certificate to practice medicine issued by that state, or the
16 revocation, suspension, or restriction of the authority to practice medicine by any agency of the
17 federal government, that would have been grounds for discipline in California of a licensee under
18 this chapter shall constitute grounds for disciplinary action for unpr6fessional conduct against the
19 licensee in this state."
20 7. Section 141 of the Code states:
21 "(a) For any licensee ho !ding a I icense issued by a board under the jurisdiction of the
22 department, a disciplinary action taken by another state, by any agency of the federal government,
23 or by another country for any act substantially related to the practice regulated by the California
24 license, may be a: ground for disciplinary action by the respective state licensing board. A
25 certified copy of the record of the disciplinary action taken against the licensee by another state,
26 an agency of the federal government, or another country shall be conclusive evidence of the
27 events related therein.
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(IVAN L. GOLDSMITH, M.D.) ACCUSATION NO. 800-2019-051547
"(b) Nothing in this section shall preclude a board from applying a specific statutory
2 provision in the licensing act administered by that board that provides for discipline based upon
3 disciplinary action taken against the licensee by another state, an agency of the federal
4 government, or another country."
5 CAUSE FOR DISCIPLINE
6 (Discipline, Restriction, or Limitation Imposed by Another State)
7 8. On or about November 30, 2018, the Nevada State Board of Medical Examiners
8 issued a Settlement Agreement (Nevada Order). The Nevada Order found that Respondent's
9 Nevada medical license was subject to discipline because Respondent: -(1) violated Nevada
1 O Pharmacy Board regulations; (2) self-prescribed appetite suppressants in a manner that violated
11 the standards for the prescription of appetite suppressants and the Dietary Guidelines; (3) failed to
12 maintain complete medical records relating to the diagnosis, treatment, and care of himself; and
13 (4) failed to maintain complete medical records relating to the diagnosis, treatment, and care of
14 patients to whom Respondent and Respondent's physician assistants dispensed and prescribed
15 controlled substances and dangerous drugs.
16 9. Specifically, with regard to Respondent's violation of Nevada Pharmacy Board
17 regulations, the facts are as follows: 1
18 "On December 9, 2013, the Nevada Pharmacy Board granted Respondent an account for
19 internet access to the Nevada Prescription Monitoring Program (PMP) for purposes authorized
20 under federal and state law. Before receiving access, Respondent signed a Practitioner
21 Certification Statement stating that he understood and agreed under penalty of perjury that he was
22 responsible for all patient information transmitted from his f!Ccount, that he would treat PMP
23 information as confidential, that he would protect any PMP information in his possession or
24 control in accordance with federal and state laws-governing health care information, and that he
25 would safeguard his password and not share his login credentials with any other person.
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1 The facts in paragraph 9 are derived from the Nevada State Board of Medical Examiner's Complaint dated October 17, 2018 at pages 2-4, and 7. The Nevada State Board Complaint is attached as Exhibit A.
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(IV AN L. GOLDSMITH, M.D.) A CCU SA TION NO. 800-2019-051547
Stephen Paddock (Paddock) was the perpetrator of the October 1, 2017 Las Vegas mass
2 shooting, and committed suicide immediately after the incident, sometime before midnight.
3 On or about October 2, 2017, Respondent verified through his office electronic medical
4 records system (EMR) that Paddock was never his patient. From October 2, 2017, at 9:25 a.m. to
5 October 3, 2017, at 2:20 p.m., Respondent's PMP account was used to query the PMP database
6 five separate times using different search parameters for each query, to access Paddock's
7 confidential patient information, and to obtain patient utilization reports detailing Paddock's
8 prescription-controlled substance utilization history.
9 The fourth search, conducted on October 3, 2017, at 10: 18 a.m., yielded specific
1 O prescription information regarding two prescriptions for Paddock filled at Evergreen Drugs in
11 Henderson, Nevada in 2016, and at a Walgreens pharmacy in Reno, Nevada, in 2017. -
12 On October 3, 2017 at 9 p.m., the Las Vegas Review-Journal published an article by
13 reporter Paul Harasim. That article purported to include Paddock's confidential patient
14 information, including information about the two prescriptions, which the reporter attributed to
15 and obtained from the PMP.
16 The Las Vegas Review-Journal updated the article on October 4, 2017, at 10:00 a.m. to
17 reference specific prescription data and prescriber information related to Paddock from June 7,
18 2016, and June 21, 2017.
19 Respondent's PMP account is the only possible source for the details in the Las Vegas
20 Review-Journal that are attributed to the PMP, because only the fourth search from his PMP
21 account corresponds to the dates and time frames specified in the article.
22 On or about November 8, 2017, Respondent through his counsel, Jacob L. Hafter, Esq.,
23 filed an Amended Declaration with the Eighth Judicial District Court of Clark County, Nevada, in
24 Case No. A-17-762877-W, in which Respondent admits to directing his office staff to use his
25 PMP account to qu~ry Paddock's confidential patient information and to obtain patient utilization
26 reports on October 2, 2017, and again on October 3, 2017. In his amended Declaration,
27 Respondent also admits to routinely allowing his staff to use his PMP account to query the PMP
28 on his behalf."
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(IVAN L. GOLDSMITH, M.D.) ACCUSATION NO. 800-2019-051547
The Nevada Pharmacy Board Order concluded that: "By accessing or directing his staff to
2 access Paddock's confidential data in the PMP database, when Paddock was deceased and never
3 his patient, and by obtaining Paddock's patient utilization report, Respondent performed his
4 duties as a holder of a Nevada Controlled Substances Registration in an incompetent, unskillful or
5 negligent manner and engaged in unprofessional conduct or conduct contrary to the public
6 interest."
7 Respondent prescribed and dispensed Phentermine 37.5 mg tablets to himself for his own
8 personal, non-emergency use on December 1, 2014, March 27, 2015, July 27, 2015, and October
9 19, 2015. Respondent also prescribed and dispensed Phendimetrazine 35 mg tablets to himself
10 for his own personal, non-emergency use on June 29, 2015.
11 10. As a result of Respondent's unprofessional conduct, the Nevada State Board of
12 Medical Examiners disciplined Respondent by placing him on probation for two years and subject
13 to various terms and conditions, including: (1) Successful completion of PACE program; (2)
14 paying investigative and prosecutorial costs and expenses of $7,168.05; (3) completion of22
15 hours of continuing medical education related to best practices of prescribing controlled
16 substances; and (4) paying a fine of $4,000.00.
17 11. Respondent's conduct and the actions of the Nevada State Board of Medical
18 Examiners, as set forth in paragraphs 8 through 10 above, constitute unprofessional conduct '
19 within the meaning of 2305 and conduct subject to discipline within the meaning of section
20 141(a). The Nevada State Board of Medical Examiners' Order is attached as Exhibit B.
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23 PRAYER
24 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
25 and that following the hearing, the Medical Board of California issue a decision:
26 1. Revoking or suspending Physician's and Surgeon's Certificate Number G 129512,
27 issued to Respondent;
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(IVAN L. GOLDSMITH, M.D.) ACCUSATION NO. 800-2019-051547
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2. Revoking, suspending or denying approval of Respondent's authority to supervise
physician assistants and advanced practice nurses;
3. Ordering Respondent if placed on probation, to pay the Board the costs of probation
monitoring; and
4. Taking such other and further action as deemed necessary and proper.
DA TED: April 26, 2019
Executive Dire tor Medical Board of California Department of Consumer Affairs State of California Complainant
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(IVAN L. GOLDSMITH, M.D.) ACCUSATION N0.'800-2019-051547
EXHIBIT A
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BEFORE THE BOARD OF MEDICAL EXAMINERS
OF THE STATE OF NEVADA
***** 4 In the Matter of Charges and ·
5 Complaint Against
Case No. 18-8756-1
FILED 6 IV AN LE.E GOLDSMITH, 1\1.D.,
OCT 11 2018 NEVADA STATE BOARD OF
Msp!JIA1. EXAMINERS By:c~__,,
\
7 Respondent.
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11-~~~~~~~~~~~~~~~~-'
COMPLAINT
The Investigative ~ommittee1 (IC) of the NevadaSt~te Board of Medical Exaini11ers (Boatd)
hereby issues this fonnal Complaint (Complaint) against Ivan Lee Goldsmith, M.D. (Respondent), a
12. physician]icensed _in Nevada. After investigating this matter, the IC has areasonable basis to
13 . believe ~th~t_Resppnd_ent~as yiolated provisions of Nevada Revise~ Statutes (NRS) Chapter 630 and ·-.- . -- 7-- -·. -· -·-· -- • - - - - . . - - - . . . -
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hJl'.vad_a~~-~1.;ri!njSt~·~tiye C9~¢ (Nf.,C) Chapter 630 (cqllectivdy, the M'edical PracticeAct). The re
alleges the follpwing facts:
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A. Respondent's Violations of Nevada P1;escribing L~nvs, and the Nevada State Board of ·. Pharmacy's Di~ciplinary Action. · ·
1. Respondent is a physician licensed tq practice medicine in the State of Nevada
(License No. 6 I I 6). f{e has been coi1tiimous1y licensed by the Board since August 25, 1990.
· . 2. . · Respondent held both a·. Controlled Subs.tance . Regi_stration, Certificate
No. CS20816, and a Practitioner Dispensing Registration, Certificate No. PD004l3, issued by the
Nevada State Board· of Phannacy (PhaJ:'inacy Board) at the time of the events set forth herein in
this Section A.
3. On Wednesday, September 5, 2018, in Reno, Nevada, the Phannacy Board held a
formal disciplinary hearing in Phannacy Board Case No. 17-101-CS-S, pertaining to allegations
by the Phannacy Board against Respondent. Pursuant to the final disciplinary order of the
28 1 l'he Investigative Committee (IC) of the Nevada Stat~ Board of Medical faaminers (Board), at the time this formal Complaint was authorized for filing, was composed of Board members Wayne Hardwick, M.D., Chaimmn, Mr. M.
· , Neil Duxbury, and Aury Nagy, M.D.
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Pharmacy Board, dated September 13, 2018 (Phamrncy Board Order), the Phannacy Board made
2 fo1mal findings of fact, inter ctlia, as follows:
3 a. On December 9, 2013, the Pharmacy Board granted Respondent an account for
4 Internet acces·s to the Nevada Prescription Monitoring Program (PMP) for purposes
5 authorized under federal and state law.
6 b. Before receiving access, Respondent signed a Practitioner Certification Statement
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on December 6, 2013, stating that he understood and agreed under penalty of
perjury that he was responsible for all patient infonnation transmitted from his
account, t[iat he would treat PMP infonnation as confidential, that he would protect
any PMP infonnation in his possession or control in accordance with federal and
state laws govemi11g health care infonnation, and that he would safeguard his
password and not share his login credentials with any other person.
. C.c.Stephen Paddock(Paddock) was the perpetrator of the October I, 2911, Las Veg~~- -
mass shooti11g, and committed suicide. immediately after the. incident, soriietirrie~ ·
before midnight.
d. On or about October 2, 2017, Respondent verified through his office electronic
r.i1edical records system (EMR) that Paddock was never his patient.
e. From October 2, 2017, at 9:25 a.m., to October 3, 2017, at 2:20 p.m., Re5pondent's
PMP account was used to query the PMP database. five separate times using . . ..
different search parameters for each query, to access Paddock's confidential patient
infonnation, and to obtain patient utilization reports detailing Paddock's
prescription-controlled substance utilization history.
f. The fourth search, conducted on October 3, 2017, at 10:18 a.m., yielded specific
prescription infonnation regarding two prescriptions for Paddock filled at
Evergreen Drugs in Henderson, Nevada in 2016, and at a Walgreens pharmacy in
Reno, Nevada, in2017.
g. On October 3, 2017 at 9 :00 p.m., the Las Vegas Review-Journal published an
article written by reporter Paul Harasim. That article purported to incli1de
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Paddock's confidential patient information, including infonnation about the two
prescriptions, which the rep011er attributed to and obtained from the PMP.
h. The Las Vegas Review-Journal updated the article on October 4, 2017, at 10:00
a.m., to reference specific prescription data and prescriber infonnation related to
Paddock from June 7, 2016, and June 21, 2017.
i. Respondent's PMP account is the only possible source for the details in the Las
Vegas Review-Journal article that are attributed to the PMP, because only the
fourth search from his PMP account corresp(mds to the dates and time frames
specified in the article~
j. On or about November 8, 2017, Respondent, througl). his counsel, Jacob L. Hafter,
Esq., filed an Amended Declaration with the Eighth Judicial District Cowt of Clark
County, Nevada, in Case No. A-17-762877-W, in which Respondent admits to
ciire.ctiI1g )1i~. office staff to use his PMP account to query P&ddock's confiaenffal
. patient information and to obtain patient utilization reports on October 2, 2011, -and·
again on October 3, 2017.
k. In his Amended Declaration, Respondent also admits to routinely allowing his staff
to use his PMP account to query the PMP 011 his behalf
· 4. Pursuant to the Phannacy Board Order, the Pharniacy Board made conclusions of
19 law, inter alia~ as follows:
20 a. By accessing or directing his staff to access Paddock's confidentiai data in the PMP
21 database, when Paddock was deceased and never his patient, and by obtaining
22 Paddock's patient utilization report, Respondent perfonned his duties as the holder
23 of a Nevada Controlled Substance Registration in an incompetent, unskillful or
24 negligent manner and engaged in unprofessional conduct or conduct contrary to the
25 public interest pursuant to NAC 639.945(l)(i). Respondent's Controlled Substance
26 Registration, Ce11ificate of Registration No. CS20816, and Practitioner Dispensing
27 Registration:, Certificate No. PD00413, are therefore subject to discipline pursuant
28 to NRS 639.210(4) and NRS 639.255.
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b. By accessing or directing his staff to access Paddock's confidential data in the PMP
database, when Paddock was deceased .and never his patient, and by obtaining
Paddock's patient utilization report, Respondent violated the HIPAA Privacy Rule.
His Controlled Substance Registration, Certificate of Registration No. CS208 l 6,
and Practitioner Dispensing Registration, Certificate No~ PD00413, are therefore
·subject to discipline pursuant to NRS 639.210(11) and NRS 639.255.
c. By accessing or directing his staff to access Paddock's confidential data in the PMP
database, when Paddock was deceased arid never liis patient, and by obtaining
Paddock's patient utilization report, Respondent violated, attempted to violate,
assisted or abetted in the violation of, or conspired to violate NRS 453. I 64(7)
and/or the HIP AA Privacy Rule .. His Controlled Substance Registration, Ce1tificate
of_Registration:No. CS20816, and Practitfoner Dispensing Registration, Ce11ificate
No. P~004.Pia}'~ t!1~refore subject to discipline pursuant to NRS ~39.210(!]) ar}d_-.
NRS 639.255. :-----: ~- :.
__ d. _By disclosing, or-allowing to be disclosed, to the Las Vegas Review-Jollrnafand/or
writer Paul Harasini Paddock'"s confidential PMP data. and patient utilization report,
which were accessed only by Respondent's PMP acC?ount on October 2 and
Octo~er 3, 2017, Respondent violated state and federal law, including the HIPAA
Privacy· Rule and NRS 639.164(1). His Controlled Substance Registration,
Certificate of Registration No. CS208 l 6, and Ptactitioner Dispehsing Registrati01i.,
Certificate No. PD00413, are therefore subject to discipline pursuant to NRS
639.210(4), (11) and (12) as well as NRS 639._255'.
e. By accessing or directing his staff to access Paddock's confidential data in the PMP
database, when Paddock was deceased and never his patient, and by obtaining .
Paddock's patient utilization report, Respondent committed an act that would
render his Nevada Controlled Substance Registration inconsistent with the public
interest pursuant to NRS 453.231, and is subject to discipline pursuant to NRS
453.236(l)(d) and NRS 453.241(1).
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5. Based on the foregoing, pursuant to the Phannacy Board Order, the Phannacy
Board ordered, intei· a/fa, that Respondent's Certificates. of -Registration Nos. CS20816 and
PD00413, be revoked, withthe revocation stayed, and Respondent's Certificates of Registration
Nos. CS20816 and J?D00413 were placed on probation for one (1) year subject to the following
conditions. Respondent shall:
a. Implement and provide to Board Staff internal controls and procedures within
thirty (30) days of the effective date of this Order to ensure that his staff does not
use his PMP account to query the PMP on his behalf except as authorized by law;
b. Pay a fine of Two Thousand Dollars ($2,000.00) for each of the five (5) violations
_of faw, for a total of Ten Thousand Dollars ($10,000.00). Payment shall be made
by cashier's check or certified check oi· money order made payable to "State of
__ N'~V~d&,_ Of:5c~- o_ftheTreasurer" to be received by the Board's Reno office located
at43 l W; P.lurpb Larie, Reno, NV 89509, within thirty (30) days of the effective . . . ·:- -· . - . . . . . . . ~ . . .
date of this Order; and - - .
c. _Pay :Sixtee11 Thousand Dollars ($16,000.00) to partially teimburse the Board 'for
reasonable attorney's fees and costs incurred in investigating and prosecuting this
matter .. Payrrierit shall be made by cashier's check, certified check or money order
.made payaple fo the "Nevada State Board of Phannacy" to be received by the
Board~s Reno office located at 431 W. Plumb Lane, Reno, NV 89509, within thirty
-· (30) days of the effective date of this Ord-er.
COUNT I
NRS 630.306(1)(b)(3) (Engaging in Conduct That Violated Pharmacy Board Regulaticins)
6. All ofthe allegations in the above paragraphs are hereby incorporated as if fully set
forth herein.
7. Pursuant to NRS 630.346(4), in any disciplinary hearing, a certified copy of the
record of a licensing agency showing a conviction or plea of nolo contendere or the suspension,
revocation, limitation, modification, denial or surrender of a license to practice medicine is
conclusive evidence of its occmrence.
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8. NRS 630.3?6(l)(b)(3) provides that engaging in. conduct that violates a regulation
2 adopted by the Phannacy Board is grounds for initiating disciplinary action.
3 9. By the misconduct set forth in the Phannacy Board Order, which order is
4 conclusive evidence of its occurrence, Respondent engaged in conduct that violates regulations
5 adopted by the Phaimacy Board, specifically including but not limited to NAC 639.945(1 )(i).
6 IO. By reason of the foregoing, Respondent is subject to discipline by the Nevada State
7 Board of Medical Examiners as provided in NRS 630.352.
8 COUNT II
9 NRS 630.301(9) (Disreputable Conduct).
10 11. A!Loftheallegations in the above paragraphs are hernby incorporated by reference
11 as though fully set forth herein. . . --
' 12. . flursuant to NRS. 630.346(4). in any disciplinary hearirig, a certified copy of the
15 conclusive evidence of it~ occun-ence.
16 13. Conduct that brings the medical profession into disrepute is grounds for discipline . ' .
pursuant to NRS 630.301 (9), in~luding, without limitation, conduct. that violates any provisiOn of
18 a .code of ethics adopted. by the Boardby regulation based on a 11ational code of ethics.
19 14. ~y tlie. · inisconduct set fq1ih in the · Phannacy Board Order, which order .is ,. . - .
20 . conclusive evidenc~ of its occurrenc~, Respondent engagcid in conduct that bri~1gs the medical
21 profession Into disrepiite.
22 15. By reaso11 of the foregoing, Respondent is subject to discipline by the Board as
23 provided in NRS 630.352.
24· COUNT III
· 25 NRS 630.306(1)(r) (Failure to Adequately Supervise a Medical Assistant)
26 16. All of the allegations in the above paragraphs are hereby incorporated as if fully set
27 folih herein.
28 17. NRS 630.306(l)(r) provides that a failure to adequately supervise a medical
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assistant pursuant to the regulations of the Board is an act that constitutes grounds for initiating
2 disciplinary action.
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18. Pursuant to NAC 630.830, a delegating practitioner retains responsibility for the
safety and perfonnance of each task which is delegated to a medical assistant.
19. By the misconduct set' forth in the Phannacy Board Order, which order is
conclusive evidence of its occu1Tence, Respondent failed to adequately supervise his medical
assistants in their perfonnance of medical tasks.
20. By reason of the foregoing, Respondent is subject to discipline by the Nevada State
Board of Medical Examiners as provided in NRS 630.3_52.
B. Re'spondent's Dispensing of Controlled Substances to Himself.
21. . Pursuant · to NRS 453 .256(7), an individual practitioner may "not dispense a
. substanceinch.~ded in schedule II, III or IV for -the practitfoner's own personal use except in a
medical emergency .
22. Pursuant-,to NAC 453.010(2), a medical "emergency" within the meaning ~of -
NR~ 453.256 ancl-Nevada State Board of Phannacy regUlations means a situation in whicll a prescribing practitioner determines that:
(a) Immediate administration of the· controlled substance is necessary for the proper treatment of the patient; (b) No appropriate alternative treatment is available, including adm,hi.isfration of a drug which is not a controiled substance under schedule Ii of the Uniform Controlled Substances Act; and (c) It is not reasonably possible for the prescribing practitioner to provid_e a written prescription to be presented to the person dispensing the substance before he or she dispenses it.
23. Respondent prescribed and dispensed Phentermine 37.5 mg tablets to himself for
his own personal, non-emergency use on December 1, 2014, March 27, 2015, July 27, 2015, and
October 19, 2015.
24. Phentennine is a Schedule IV controlled substance pursuant to NAC 453540(5).
25. Respondent prescribed and dispensed Phendimetrazine 35 mg tablets to himself for
his own personal, i-ion-emergency use on on June 29, 2015.
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26. Phendimeti"azine is a Schedule III controlled substance pursuant to
2 NAC 453.530(2)(e).
3 COUNT IV
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NRS 630.306(1)(b)(3) (Engaging in Conduct That Violated Pharmacy Board Regulations)
27. All of the allegations in the above paragraphs are hereby incorporated as if fully set
forth herein.
28. NRS 630.306(l)(b)(3) provides that er1gaging in cpnduct that violates a regulation
adopted by the Phmmacy Board is grounds for initiating disciplinary action.
29. By the conduct described in this Section B1 Respondent engaged in cond.!Jct that
viofates regulations adopted by the Pharmacy Board, specifically including but not limited to
NAC 453.010(2).
30. . .. By reason ofthe foregoing; Respondent is subject to discipline by the Nevad~S~ate
Board of Medical Examiners as provided in NRS 630.3~2.
COUNTY
NRS 630.306(1)(h)(2) (Violation of Standards of Practice)
31. All of the allegations in the above paragraphs are hereby incorporated by reference
as though fully set forth herein.
32. Violation of a standard of practice adopted by the Board is grounds for disciplina1'y
action pursuant,to NRS 630.306(1)(b)(2).
33. The Board adopted by reference the Diel my Gi1idelines for Americans, 2010, 7th
edition, published jointly by the United States Department of Health and Human Services and the
Department of Agriculture pursuant to 7 U.S.C. § 5341 (Dietary Guidelines).
34. NAC 630.205 sets forth the professional standards for the prescription of appetite
suppressants, which specifially incorporates the Dietary Guidelines.
35. Respondent prescribed appetite suppresants to himself in a manner that violated the;
professional standards for the prescription of appetite suppressants, mid the Dietary Guidelines.
36. By reason of the foregoing, Respondent is subject to discipline by the Board as
provided in NRS 630.352.
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3 37.·
Count VI
NRS 630.3062(l)(a) (Failure to Maintain Complete Medical Records)
All of the allegations contained i11 the above paragraphs are hereby incorporated by
4 reference as though fully set forth herein.
5 38. NRS 630.3062(1)(a) provides that the failui"e to maintain timely, legible, accurate
6 and complete medical records relating to the diagnosis, treatment and care of a patient is grounds
7 for initiating discipline against a licensee.
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39. Respondent failed to maintain complete medical records relating to the diagnosis,
treatment and care of himself.
40.. By reas011 of the foregoing, Respondent is subject to disciplirie by.the Boai"d as
provided in NRS 630352:
COUNT VII
NRS 630.306(l)(p) (Unsafe or Unprofessional Conduct) - t .,__ :~ -. :- --
4 i. . . All o[Jhe allegationsi11 the above paragraphs are hereby incorporated· as if fUHy set · ~ . ~ . -~ - .:__ ~ . ._, - - - . - . - ·- ..
forth.herein.
42. Engaging in any act that is unsafe or unprofessional conduct in accordance wid1 . ·. . ..
regulations adopted by the Board is grounds for disciplinary action againsf a licensee pursuant to
NRS 630.306(l)(p). . . . . -
19 43; · As demonstrated by, but not limited to, the above-outlined facts, Respondent wrote . . . . . .
20 prescriptions and dispensed appetite suppre~sants · to himself in a ni.anner that violated the
21 professionai standards for the prescriptioi1 of appetite suppressants, and the Dietary Guidelines,
22 44. Respondent's conduct was unsafe and unprofessional.
23 45. By reason of the foregoing, Respondent is subject to discipline by the Board as
24 provided in NRS 630.352.
25 11 I
26 I I I
27 I I I
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Respondent's Violation of, and Failure to Ensure Compliance \Vith, Nevada Pharmacy Laws.
46. Respondent's physician assistants, Lindsay Hoffman, PA-C, and Adam Luckette,
4 P A-C, dispensed controlled substances and dangerous drugs to patients of Respondent, from
5 Respondent's store of medications, while he was out of the country'.
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47. Respondent's physician assistants, Lindsay Hoffman, PA-C, and Adam Luckette,
PA-C, prescribed medication to patients of Respondent, Without a bona fide therapeutic
relationship with said patients.
48. No person may prescribe and dispense controlled substances in Nevada except as
authorized by Jaw. NRS 453.226; ~RS 453J75(1); NRS 453.377; NRS 639,235(1);
NAC 639.742(1), (3) and (4); 21CFR§1301.11; 21CFR§1306.03.
49. NAC 639.742 states in relevant paii:
1. -A practitioner who wi~hes to dispense controlled substai1ces 6r - ,dangerous drugs must appiy to the Board oi1 an application provided . _by the Board for a certificate ofregistration to dispense controlled - substances or dangerous drugs,
3. Except as otherwise provided in NRS 639.23277 and NAC 639.395, the dispi;nsing' practitioner and, if applicable, the owner ot owners of the facility, shall ensure that:
(a) An drugs are ordered by the dispensing practitioner; (b} All drugs __ are received ai1d - accounted for by the disperising practitioner; ____ -_ (c) All dmgs are stored in a #cure, locked roo1n or cabinet -to which the dispensing practitioner has the only key or lock combination; - -
- (d) All drugs are dispensed - in accordance with NAC 639.745; . __ . (e) No prescription is dispensed to a patient unless the dispensing practitioner is on-site at the facility; (f) A11 drugs are dispensed only to the patient personally at the facility;
4. With regard to -the filling and dispensing of a prescription at a facility, only the dispensing practitioner or a dispensing technician may:
(a) Enter the room or cabinet in which drugs are stored; (b) Remove drngs from stock; (c) Count, pour or reconstitute drugs;
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(d) Place dmgs into containers; (e) Produce and affix appropl-iate labels to cohtainers that contain or will contain dmgs; (f) Fill ~oritainers for iater use in dispensing drngs; or (g) Package or repackage drugs.
50. NAC 639.945(1) provides, in pertinent part, that the following acts or practices by
a holder of any license, ce11ificate or registration issued_by the Pha1macy Board or any employee
·of any business holding any such license, ce1iificate-or registration are declared to be, specifically
but not by way of!imitation, unprofessional conduct and condu9t contrary to the public interest:
(i) Pe1fonning any of his or he1: duties as the holder of a license, ce1tificate or
regish:atio11 iss.ued by the Board, or as the owner of a business or an entity licensed
by the Board, in an ii1competei1t, unskillful or riegligent manner.
(n) Dispe1}sing a dmg as a dispensing practitioner to a patient with wl10111 the - . - _: - -
. _ d_isg~n_sj_ng practitioner does not have a bona fid~ therape~tic relationship~ -"
(o) Yresci-i]Jing a. drng as a prescribing practitioner to a patient with_ whorn :the _-. - .·..... ----- -.-- --- - ··: . - - - . - ·. . - .. - -·- -
p1:~s~rjbing praotitioner does not have a boria fide therapeutic relatio\1ship.- _·-- .. , - . - . --- - -
5 l. NAC ~39.945(2} provides that the owner of any business or facility lic"ens~ed,-. . .
certified or registered by the Phannacy Board is responsible for the acts of all personnel in his or
her ernploy;
52. NAC 639.945(3). provides that, for purposes of app~ying Phannacy Board . . . .. . . .. ·. . ..
re&ulations, a ·bona fide therapeutic relationship betweeil the patient find pra_ctitioner shall be
deemed to exist if the patient was examined in person, electronically or telephonically by the
practitioner within the 6 months immediately preceding the date the. practitioner dispenses. or
prescribes a drug to the patient and, as a result of the examjrtati01~, the practitioner diagnosed a
condition for which a giveh <;!rug therapy is prescribed.
53. Pursuant to NAC 630.370(l)(d)(l)-(2); a supervising physician is responsible for
all the medical activities of his or her physician assistant and shall ensm'e strict compliance with
the provisions of the ce1tificate of registration issued to his or her physician assistant by the
Pha1macy Board, .and Phannacy Board regulations regarding controlled substances and dangerous
drugs.
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Count VIII
2 NRS 630306(l)(c) (Unauthorized Dispensing)
3 54. All of the allegatfons .contained in the above paragraphs are hereby incorporated by
4 · reference as though fully set fo1ih herein.
5 55. Pursuant to NRS 630.306(1)(c), dispensing any controlled substance, or any
G dai1gerous drug as defined in chapter 454 of NRS, to others except as authorized bylaw is grounds
7 . for discipline.
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56. By allowing his physician assistants to dispense controlled substances and
dangerous drugs to patients when he was not on-site at his medical facility, Respondent violated
NAC 639.742 and NAC 639.945.
57. By reason bf the foregoing, Respondent is subject to discipline by the Board as
provided in NRS 630.352.
Count IX
NRS 630.306(1)(c) (Unauthorized Prescribing)
58. _-hll-of _tl~e allegations contained in the above paragraphs are hereby incorpordted by
reference as though fully set foiih herein.
59. Pursuant to NRS 630.306(1)(c), dispensing any controlled ~ubstante, or any
dangerous drug as defined in chapter 454 ofNRS, to others except as authorized by law is grounds ' . .
for discipline.
60. By allowing his physician assistants to prescribe medication to patients of
21 Respondent, without a bona fide therapeutic relationship with said patients, Respondent, pursuant
22 to NAC 630.370(1)(d)(l)-(2), violated NAC 639.945.
23 61. By reason of the foregoing, Respondent is subject to discipline by the Board as
24 provided in NRS 630.352.
25 CountX
26 NRS 630.3062(1)(a) (Failure to Maintain Complete Medical Records)
27 62. All of the allegations contained in the above paragraphs are hereby incorporated by
28 reference as though fully set forth herein.
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63. NRS 630.3062(l)(a) provides that the failure to ~naintain timely, legible, accurate
2 and complete medical records relating to the diagnosis, treatment and care of a patient is grounds
3 fot initiating distipline against a licensee.
4 64. Respondent failed to maintain complete and accurate medical records relating to
5 the diagnosis, treatment and care of the patients to whom Respondent and Respondent's staff
6 dispensed and prescribed controlled substances and dangerous drugs as described in this
7 Section C.
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65. By reason of the foregoing, Respondent is subject to discipline by the Board as
provided in NRS 630.352.
WHEREFORE, the I1~vestigative Committee prays:
1. That the Board give Respondent notice of the charges herein against him and give
him notice _that he may file an answer to the Complaint herein as set forth in NRS 630.339(2) . - \ .
within twenty (20) days of service of the Complaint;
2. ~ · · _ That the.Board set a time and place for a, formal hearing -after holding a1t Eai;li -~
Case Conference pursuant to NRS 630.339{3);
3. That the Board detem1ine what sanctions to impose if it detennines there has been
a violation or violations of the Medical Practice Act comrnitted by Respondent;
4. That the Board make, issue ai1d serve on Respondent its findings of fact,
conclusions of law and order, in writing, that includes the sanctions imposed; and
5. That the Board take such other and further actiori as may be just and proper in tlwse
21 premises.
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DATED this / 7 day of October, 2018. ---
INVESTIGATIVE COMMITTEE OF THE NEV ADA STA TE BOARD OF MEDICAL EXAMINERS
By: Aar~, Deputy Gen:.! Counsel Attorney for the Investigative Committee
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VERIFICATION STATE OF NEVADA
: SS.
COUNTY OF WASHOE )
Wayne Hardwick, M.D., having been duly sworn, hereby deposes and states _under penalty
of pe1jury that he is the Chainnan of the Investigative Committee of the Nevada State Board of
Medical Examiners that authorized the Complaint against the Respondent herein; that he has read
the foregoing Complaint; and that based upOn infonnation discovered in the course of the
investigation into a complaint against Respondent, he believes that the allegations and charges in
the foregoing Corhplaint against Respondent are true, accurate and correct.
DATED this~dayofOctober, 2018. · .
INVESTIGATIVE COMMITTEE OF THE NEV ADA STATE BOARD OF MEDICAL EXAMINERS
~---.!~ Wayne ~k, M.D., Chainnan .
.,..--....;;.:
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STATE OF NEVADA . BOARD OF MEDICAL EXAMINERS
I certify, as Offlclal Custodian of the records, that this
docum. ant is~a· tru. e_ . correct cop .. Y o.f th .. e original on . flleinthisoffi. ·. ~·
Signed: · · · ·
·, E'cutiv}Dlrector
Date: r:z!!/Jl(l 7
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EXHIBITB
.J ~
2
BEFORE THE BOARD OF MEDICAL EXAMINERS
OF THE STATE OF NEVADA
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5 In the Matter of Charges ~md
6 Complaint Against
*****
Case No. 18-8756-1
7 lVAN LEE GOLDSMITH, M.D.,
8 Respondent.
10 SETTLEMENT.AGREEMENT
FILED DEC - 3 2018 ·
11 . The Investigative Committee (IC) of the Nevada State Board of Medical Examiners 6 = 0 ;!
· =- U ! - -~· J2-- (Board).~ by ,aild througli ·Aaron Bart Fricke, Esq., Deputy General Co~nsel for the Board and
. ~~i ~ ~ e::· c_ 13- .attorney for the· IC,-oimd lva.n [.,ec Q()ldsmith, .MD. (Re~po11dent), a licensed f>hysfoian in Nev~dai z ~ ~.g ~ . .
· w 'a 1:: "'~~ .. 14 .assisted by-his:attortie):'~' E;:Brent Bryson, Esq., hereby enter into thi~ Settlement .Agreement (!) .l! ; z ~ MgD~~ . I ;l IQ ~ li ~ 15 (Agreement) based on the following:. (::go-=. 1-te'"' ·oi i:a e uz ... J,Z.( 1.1.. 0
16 A. Background
17 J • Respondent is a medical doctor currently licensed (License No, 6116) .in active status
18 by the Board.pursuant to Chapter 630 of the Nevada Revisecj Statutes (NRS) and Chapte( 630 of th.e . . . .
19. Nevada Administrative Code (NAC) (coiiectively, the Medical Practice Act}, to practice medicine in
20 Nevada since August 25~ 1990.
21 . 2. On October JJ_. 2018, In Case No. 18~8756-l, the IC filed a fonnal Complaint
22 (Complaint) charging Respondent with violating the Medical Practice Act. Specifically. the
23 Complaint alleges: Count I, violation of NRS 630.306( l)(b)(3) (Engaging in Co~duct That ) ' . . .
24 Violated Pharmacy Board Regulations); Count II, violation· of NRS 630.301(9) (Disreputable
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1 All agreements arid admissions made by Respondent are solely for final disposition of this matter and any subsequent related administrative proceedings or civil litigation involving the Board and Respondent. Therefore, Respondent's agreements and admissfons are not intended or made for any other use, such as in the context of another state or. federal government regulatory agency proceeding, state or fe"deral civil or criminal proceeding, any state or federal court proceeding, or any credentialing or privileges matter.
...l ~ rn s ! 0 .s u ~ -
1j Conduct); Count UJ, violation ofNRS 630.306(J)(r) (Failure to Adequately Sup~rvise a Medical
2; Assistant)i Count IV, violation of NRS 630.306(1)(b)(3) (Engaging in Conduct That Vi9lated
.3; Pharmacy Board Regulations); ·count V, violation of NRS 630.306(l)(b)(2) (Violation of
4i Standards of Practice)~ Count Vl; vfolation of NRS 630.3062(1)(a) (Failure to Maintain Complete I
5: Medical Records); ·Count VJI, violation of NRS 630.306(1)(p) (Unsafe or Unprofessional
6i Conduct); Count VIII, violations of NRS 630.306(c) (Unauthorized Dispensing); Count IX, '
7j violations of NRS 630.306(c) (Unauthorized Prescribing); Count X, violation of NRS I
8 630.3062(l)(a) (Failure to Maintain Complete Medical Records}.
9 3. By reason of the foregoing, Respondent is subject to discipiine by the Board as
10! provided in NRS 630.352 .
11 · 4. . Respondent was properly served with a copy of :this Complaint, has reviewed and I . ,
t2! understands-. this . Complaint;- -and has .had the opportunity to consult with competent counser
~ ~ ~ £i ... 13. concerning dle na.ture and si~nificance of this Complaint,. _ ~~Q~m . . . ·-· S ~ f 1; 14 ..
1- . ·. 5. ::_Respondent.is hereby advised of his rights ,regarding this administrative matter; and 6f' c
(.!)1!'iz:;;-. ~ii~ ,;t:- i h . . --- -
i::i - ., c 15.- . is_opportunityJ:o: def~nd-against the allegations in- the Complaint. Specifically, Respondent-has__. ···t;·ii~ ~.
r l! ~ ~ 16 1 certain rights in this administrative matter as set out by the United States Constitution, the Nevada
e I ~ ~ 17; Constitution> the Medical Practice Act, the Nevada Open Meeting Law (OML), which is contained in .... ~· B 18 NRS Chapter.24[, and the Nevada Administrative Procedure Act (APA}, which is contained in NRS
19j Chapter 233B. These rights· include the right to a formal heanng on the allegations in t~e Complaint~ I . - .
20~ the right to representation by counsel, at his own expense; in the preparation and presentation of his '
21 ~ defense, the right to confront and cross-examine the witnesses and evidence against him, the right to
22j written findings of fact, conclusions of law and order reflecting the final. decision of the Board, and the
23 i dght to judicial review of the Board's order, if the decision is adverse to him.
6. Respondent understands that, under the Board's charge to protect the public by
25 regulating the practice of medicine, the Board may take disciplinary action against Respondent's
26 license, including license probation, license suspension, license revocation and imposition of
27 administrative fines, as well as any other reasonable requirement or limitation, if the Board
28 concludes that Respondent violated one or more provisions of the Medical Practice Act.
2
1. Respondent understands and agrees that this Agreement, by and between
2 Respondent and the IC, is not \Vith the Board, and that the IC will present this Agreement to the
3) Board for consideration in open session at a duly noticed and scheduled meeting. Respondent ~
4. understands that the IC shall advocate for the Board's approval of this Agreement. but that the
5. Board has the right to decide in its own discretion whether or not to approve this Agreement.
6 Respondent further understands and agrees that if the Board approves this Agreement, then the
7 terms and conditions enumerated below shall be bi~ding nnd enforceable upon him and the Board.
8 B. Terms & Conditions
9 NOW, THEREFORE, iri order to resolve the matters addressed herein. i.e.) the matters
10 with regard to the Complaint, Respondent and the IC hereby agree to the following terms and '
11j Cf>nditions:
.. . . L o·.'· ,Jurisdfc.tion. Respondent is, and at all times r~levant to the Complaint has beer.i~ a
physician Jfoensed tp pr:actice rned.icirie in Nevada subj<=cJ. to the jurisdiction of the Board as 'set ~· ~ - ... .., - . -·-· -; . - -~-:-.·-;.,:.~:_, ",. - - . -- . ·.. . - - - -
2.
, ,,
Re1p·esentation by Counsel/Knowing, Wining and Intelligent Agreement.
16! Respondent acknowledges he is represented by counsel, and. wishes to resolve the matters
17 addressed herein.with said counsel. Respondent agrees that if representation by counsel in this
18; matter· materially changes prior to entering into this Agreement. and for the duration of this
191
Agreement, that counsel for lhe JC will be time1y. notified of the material change. Respondent t
20 agrees th~t he knowingly, Willingly and intelligently enters into this Agreement after deciding to
211 have a full consultation with and upon the advice oflegal counsel. i
22' 3. Waiver of Rights. In connect.ion with this Agreement, and the associated terms
231 and conditio~, Respondent knowingly, willingly and intelligently waives all rights in connection i
24i with this administrative matter. Respondent hereby knowingly, willingly and intelligently waives
25 all rights arising under the United States Constitution, the Nevada Constitution, the Medical
26· Practice Act, the OML, the APA, and any other legal rights that may be available to him or that
27 may apply ro him in connection with the administrative proceedings resulting from the Complaint
28 filed in this matter, including defense of the Complaint, adjudication of the allegations set forth in
3
1 the Complaint, and .imposition of any disciplinary actions .or sanctions ordered by the Board.
2 Respondent agree.s tq settle and resolve the allegations of the Complaint as set out by this
3 Agreement, without a hearing or any further proceedings and without the right to judicial review.
4. Acknowledgement of Reasonable Basis to Proceed. Respondent acknowledges
5 that the IC believes it has a reasonable basis to allege that Respondent engaged in conduct that is
6 grounds for discipline pursuant to the Medical Practice Act. The Bo.ard acknowledges Respondent
7 is not admitting that the Board's claims/counts as alleged in the Complaint have merit and
s1 Respondent is agreeing to resolve this matter to avoid . the costs. of hearing and potential
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subsequent litigation. Respondent asserts if this matter were to proceed to hearing. he has
evidence, witnesses •. expert \vltness(es) and defenses to the counts/claims -alleged in the
Complaint, but for the purposes of resolving the matter and for' no other purpose, Respondent
waives the presentation of evidence, witnesses, exp~rr witnesses, and defenses Jn order to
effectuate this :Agreement
·. - 5 . .' - ----Consent to Enfrv-of Order .. ln order to resolve this Complaint1pending agafost ~ = '
Respondent, Respondent hereby. agrees that the Board may issue_ an o_rder fii:iding that Respondent -: : ·
engaged in conduct that is grounds for discipline pursuant to the Medical Practice Act. Accordingly,
the following tenns and conditions are hereby agreed upon:
A. While notadmitting that the Board's allegations as alleged inCou.nt I have merit,
Respondent acknowledges Jhat Nevada State Board of Pharmacy (Pharmacy Board) has entered a
final order so finding, and based solely thereon, admits to Courit t ·
B.
c.
. . .
Respondent admits to Counts v, vr and X •.
Respondent's license to practice medicine in the stare of Nevada· ~hall be placed on
23 prob~tion, and his license placed on "[nactive" status immediately upon signing thiS Agreement
24 until successful completion of the terms set forth in Paragraph D immediately following.
25 D. Respondent's license shall be subject to a tenn of probation for a period of time not
26 to exceed twenty-four (24) months from the date of the Board's acceptance, adoption and approval
27 of this Agreement (Probationary Period). Respondent must complete the following terms and
28 conditions within the Probationary Period and demonstrate compliance to the good faith
4
t : satisfaction of the Board within twenty-four (24) months, or before Respondent resumes the
2 practice of medicine in Nevada during this probationary period, whichever is first; if Respondent
3, fails to demonstrate compliance with the terms and conditions of this Agreement within twenty-
4 four (24) months, or otherwise violates the terms of thiS Agreement or the Medical Practice Act,
5 then the IC shall be authorized to Immediately suspend Respoi:ident's licens~ to practice medicine
6 in Nevada pending an Order To Show Cause Hearing on immediate revocation of his license,
7 which hearing. will be duly noticed. The following terms and conditions shall apply during
8 RcspondenCs probationary period:
9 (I) Respondent shall complete the University of San Diego, Physic ran Assessn1ent and
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Competency Evaluation Program (PACE), Corhpe!cncy Assessment, and.. if . . \ . .
recommended by PACE, the Fitness For Duty ,(FFD) evaluation, and pass all of the
above to the satisfaction Of the Board;
_. _(2)_ Re~po11.dcnt _,Y.'il!-.Pay _the C()s.ts and ~xpenses incurred in the investigation a'nd - -
__ prosec~tion _oLthe. _above-referenced matter within si.xty (60) days of. the. Boarch-. --·
acc~pranc~1--'!~option and approval of this Agreement, the current amount being
$7,168.05, not including any costs that may be necessary lo finalize this Agreement.
(3) Respondent shall take twenty~two (22) hours of continuing medical education (CME)
related to best practi~es in the prescribing of controlled substances within three (3)
months from the date of the Board's acceptance, ndoptio11 and approval of this
Agreement The aforementioned hours of CME shall be in addicion tdany CME
requirements that are regularly imposed upon Respondent as a condition of licensure
in the state of Nevada and shall be approved by the Board to meet this requirement
prior to their completion.
(4) Respondent shall pay a fine of$J ,OOO per count admitted to hereby. consisting of four
(4) counts, for a total of $4,000, within one hundred eighty ( 180) days of the Board's
acceptance, adoption and approval of this Agreement.
(5) During the probationary period, Respondent shall successfully complete all
requirements and comply with all orders, past or future, of the Pharmacy Board,
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_specifically including but limited to, the Phannacy Board's. Order issued on September
(31 2018, in its Case Numbered 17-IO 1-CS".S, unless said Order is reversed or
modified on Judicial Review, in which case, Respondent shall comply with any
subsequent order, if any.
(6) During the probationary period, Respondent shall comply with all terms and
conditions of any criminai sanctions incurred before or dl!ring the period of this
agreement, if any, including probation or parole.
(7) During the probationary period, Respondent shall not supervise any Physician
Assistant, or collaborate with any Advanc_ecj Practice Register~d Nurse.
(8) Within twenty4our (24) months; or be fore Respo11dent resumes the practice of
medicine ii~ ~evada during. this_probationary period, wflichev~r is first, Respondent
-- .- - ---- __ :.shall app~adn~forethe Bo~rd at a public meeting and dernons(rnte compliance with aU -
the terms a_f1g .concntiQ_n$ of this Agreement, at w~ich time, Respondent may compltte: -- .. ,_·, ... ''" - ... -- .. -·- .. ;,. ' - .. -·'·· ·- ..... ---· --- . - .
-: ,._: :_-_-,::,-_Jm appljcati~!l :fo_r-11 ~h!lnge ofstatus to ~'Active," and petition the E3oa'rd "to allow hlhi' ~- :: ~-
:..:_-~::·_::~to r~~-wne th~ ,pra_cdc~ __ of medicine. Provided that Respondent has fulfilled all---th~-:: ,-: :
aforementioned terms and condition·s as set for in this subsection Dt committed no new
violaifons · 6t the Me<,Jical Practice Act from the date of this Agreement. and there exist
E.
at the time of his ~pplication no pending (ormal coriipfaints_ or disciplinary actions
. against Respo11derit, and Respondent otherwise fulfiHs. the re~uirem'ents set_ forth in
NRS 6.30,255, in such ca~e, his application :to retumto ~ctive status ~Qall be granted in
go'od faith~
· T_his Agreemcpt shali be reported to the appropriate entities and parties as required - .
23 by law, including. but not limited to, the National Practitioner Data Bank.
24 F. Respondent shall receive a Public Letter of Reprimand.
25 a. The other counts of the Complaint, and any other claims arising from Board
26 Investigation Nos. 16~ 16726 and 18· I 8143, shall be dismissed with prejudice~ . '
27 6. Release From Liabiliiv. In execution of this Agreement, Respondent understands
28 · and agrees that Lhe State of Nevada. the Board, and each of its _members, staff, counsel,
6
~ w en z t: ::> " 0 .5
, t.)! , , ,
1 investigators, experts. peer reviewers, committees, panels, hearing officers, consultants and agents
2 are immune from civil liability _for any decision or action taken in good faith in response to
J information acquired by the Board. NRS 630.364(2)(a}. Respondent agrees to release the State of
4 Nevada, the Board, and each of its members, staff. counsel, investigators, experts, peer reviewers,
5 committees, panels, hearing officers, consultants and agents from any and all manner of actions,
6 causes of action, suitsr debts, judgments, executions, claims and demands whatsoever, known and
7. unknown, in law or equity, that Respond~nt ever had, now has, may have or claim t9 have, against
8 any or all of the persons, government agencies or entities named in this paragraph arising out of,
9 or by reason of, this investigation, this Agreement or the administration of the case referenced
10 herein.
11 7. Procedure for Adontion Of Agreement. The fC and counsel for the IC shall
12 .. recommend.appr()val and adoption of the terms and conditions ofthis Agreement by the Board in-~ill
ca·]·~ tic- -:JS:': :r_~.soJu_tion of.this ComplaJrit.,ln th(! course of seeking Board acceptance, approval and adoption of . W""·c:"' · . . . . . . .. :z: i ... ~ ~ . , w 'o E e:;· :·. 14·~ :lnis Agreement;-co14nsel :for the IC may communicate directly with the Board staff .and ~thee - , -Oi:;;z~ ~ ~ c 0 ~ d' d' ' b f h B d - = 8 = .... 15 a ~u 1catmg mem. ers o t .e oar . ,..;.. v~iJ: !- B i:.."' o; w 5 uz -ti.. ti.. 0
16 . Respondent acknowledges that such contacts and communications may be made or
17 conducted ek parte; without notice or opportunity to be heard on his part until the public Board
18 meeting where this Agreement is discussed, and that such contacts and communications may , .
19 include, but may not belim.ited to, matters concerning this Agreement, the Complaint and any ~nd
20 all information of every nature whatsoever related to this matter .. The ic and its counsel agree that
21 Respondenl may appear at the Board meeting where this Agrcem~nt is discussed and, if requested,
22 respond to any questions tbat may be addressed to the IC or the I C's counsel.
23 8. Effect of Acceptance of Agreement bv Board. In the event the Board accepts,
24 approves and adopts this Agreement, the Board shall issue a final ordert making this Agreement
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an order of the Board, and, pending full compliance with the terms herein, the case shall be closed
and ~he remaining counts of the Complaint shall be dismissed with prejudice.
9. Effect of Rejection of Agreement bv Board. In Ehe event the Board does not I
28 accept, approve and adopt this Agreement, this Agreement shall be nul!, void and of no force and
7
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":! . -~ti)
oi CiJ t uz -a.. a.. 0
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effect except as to the following agreement regarding adjudications: (I) Respondent agrees that,
notwithstanding rejection of this Agreement by the Board, nothing contained in this Agreement
and nothing that occurs pursuant to efforts of the IC to seek the Board's acceptance of this
Agreement shall disqualify any member of the adjudicating panel cif the Board from considering . .
this Complaint and from participating in disciplinary proceedings against Resppndent, including
adjudication of this' case; and (2) Re$pondent further agrees that he shall not seek to disqualify any
such member absent evidence ofbadJaith.
10. Binding Effect. !f approved by the Board, Respondent understands that this
Agreement is a binding and enforceable contract.upon Respondent and the Board.
1J. · Forum Selection Clause. The parties agree that in the event either party is
required to seek enforcement of this Agreement in district court, the parties consent to such
jurisd'iption aJJ~L~gree_ that: exc!L1siv~ jurisdiction shall be in the. Second Judicial District Court~
State of Nevada, Washo.e County . _- - ~ . -
·--~ ~--J2.. :.Attorneys'. Fees.and Costs. The parties agree that in the event an action is ~ --comrn~ti~ed in difitriQt co~rt tt? en.force any provi~ion of this Agreement, the prevailing party shaU
:be entitled to recover reasonable attorneys' fees and costs.
13. Failure to Complv with Terms. Should Respondent fail to comply with any tenn
or condition of this Agreement once the Agreement h~s been accepted, approved and adopted by
the Board, the IC shall be authorized to immediately suspend Respondent's license to ptactic~
medicine in Nevada pending an Order To Show Cause Hearing on immediate revocation of'his
license, which will be duly noticed. Failure to comply with the terms of this Agreement, including
failure to pay any fines, costs, expenses or fees owed to the Board, is a failure to cQmply with. an
23, order of the Soard, which may result in additional disciplinary action being taken against
24 Respondent. NRS 630.3065{2)(a).,
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t Further, Respondent's failure to remit payment to the Board for monies agreed to be paid as a
2 · ~ndition oflhis Agreement may subject Respondent to civil colle~tion efforts.
3 Dated this ~3 day of Oc... "\o~,e._ , 20 J 8.
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INVESTIGATIVE COMMJITEE OF THE . NEVADA STATE BOARD OF MEDICAL EXAMINERS
By:~ce;~-~~---- ~-·-----_· -Aaron· Bart FricRe:""Etcf.; Deputy General Counsel Attorney for the lnvestigadve Committee.
t( Dated this 11 .., day of Ok./-iJ!Jt" , 2018.
- .. > By~·. ·='
.1[ afdSchonfeld, Esq., . Attorneys for Respondent
Dated this_ day of ____ . ,, 2018.
10/l7/201S 8:49:13 AM POT
Ivan Lee Goldsmith, M.D., Respondent
STATE OF NEVADA BOARD OF MEDICAL EXAMINERS
I certify, as Official Custodian of the records, .that this documen~is a tru . orrect copy of the onglnal on fileinthiso :e. ~
Signed: . · ?;ecutive Director
oate; ...2 1~hr
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IT IS HEREBY ORDERED that the foregoing Settlement Agreement is approved and accepted
by the Nevada State Board of Medical Examiners on the 30th day of November, 2018, with the ,
final total amount of costs dueof$7,168.05. p , /} .. J P thJri~ ;e~d~-c~a
. ' -- cc! . ~i
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