On March 23, 2020, Governor Steve Sisolak of Nevada, in conjunction with the Nevada State Board of Pharmacy, signed a regulation that restricted medical doctors in the state from prescribing two medicines many healthcare professionals worldwide have turned to in their fight against COVID-19; hydroxychloroquine, and chloroquine. Now, Dr. Bruce Fong and the Nevada Osteopathic Medical Association are suing Governor Sisolak, the State of Nevada, and the Nevada State Pharmacy Board for the right to make treatment decisions on behalf of their patients, some of whom, the doctors contend, could die without access to a drug that has shown the potential to save lives.
The suit was filed on April 21st in Washoe County, and because the matter pertains to a declared state of emergency, attorney Joseph Gilbert is requesting a speedy hearing.
Gilbert, Dr. Fong, and NOMA make several contentions in the suit. Governor Sisolak formed a medical advisory team which consisted of the CMO, along with four additional medical experts. The Nevada State Board of Pharmacy then held a hearing to decide on the order, which bars doctors from prescribing (and pharmacies from filling) hydroxychloroquine and chloroquine prescriptions outside of a hospital setting. The complaint alleges that the majority of the advisory team are not licensed to practice medicine in the state, and under state regulation their role is administrative. NOMA and Gilbert argue that “by adopting the Emergency Regulations, the BOP is, in effect, both impermissibly practicing medicine and illegitimately restricting where the practice of medicine can occur.”
In speaking to UncoverDC, Dr. Fong said “There is a sacred tenet, and it is the patient doctor relationship. Through that relationship, a doctor makes an assessment about that patient’s condition by discussion with their patient, other diagnostic means, etc., and they move forward. A primary physician who has a longstanding relationship with a patient knows that patient better than any other clinician, and much better than any administrative body. So, when you have any administrative body telling you that isn’t OK- not like it’s a poison we are talking about- when that administrative body is prohibiting a physician from writing a script for a medicine that has a high probability to stop illness when used within a specific critical window, it’s frustrating. We now have the pharmaceutical board telling me that I can’t stop someone who appears to be getting worse from going in to the hospital, when there is a treatment option available that would allow me to do so, potentially saving their life.”
Attorney Joey Gilbert told UncoverDC “In essence, Governor Sisolak and the Board of Pharmacy are both practicing medicine without a license, and illegitimately restricting where the practice of medicine can happen in Nevada. Sisolak is using a declared State of Emergency in the middle of a health crisis, and stepping between a doctor and their patient, to proclaim that they know better” In addition, Gilbert said that “all of the concerns that the BOP cited when enacting the Emergency Regulation have already been addressed and resolved at the Federal level. There is no excuse for this.”
The case is personal for him, too. Immediately before the ban, both of his parents were diagnosed with COVID-19, and prescribed hydroxychloroquine as a treatment. His father went from being horribly ill to doing remarkably better within hours of his first dose of the medication. Gilbert said “I have seen this medicine work. Both my mother, and my father were extremely ill and getting worse. They were able to obtain the medicine because it was prescribed in the hours before the ban. Both of my parents have now recovered, and both credit their change in condition to hydroxychloroquine”.
On Sunday March 28th, the chief scientist at the FDA declared that chloroquine phosphate and hydroxychloroquine sulfate meet the criteria concerning safety and potential effectiveness, and that the products are authorized for the treatment of COVID-19 when administered by a Health Care Provider.
When the order was signed, Governor Sisolak cited off label usage as a concern, and also asserted there would be medicinal shortage leading to a hardship for others already taking the medicine; mainly patients with Lupus and autoimmune disease. The suit establishes that using a drug “off label” is not only widespread in the medical community, its legal. NOMA and Gilbert also detail that there is an adequate supply of the medicine, and that there is more than enough available in the national stockpile to accommodate Nevada. At the time of writing, Nevada is the only state barring their doctors from prescribing hydroxychloroquine and chloroquine to their patients.
you realize that steve sisolak is a democrap. so now the democrap gov. is a physician, WOW. an idiot who does not know that he is stupid. in the service there is a name given to an individual like this -f**k stick. Curt, you should be very familiar with this term. in Nam, there were bowls of chloroquine on every dining table, like your daily vitamin. of course if yu were in Nam you can not donate blood.
Yes except for prisoners or black market?
Anybody believe his I’m hoarding it to prevent horarding lame ass excuse?
Yeah, doctors are suing to use hydrochloroquine because it doesn’t work.
A pharmacist friend of mine told me the same thing; doctors prescribe drugs off label all the time. The side effects of this drug apply to those taking it every day for the rest of their lives, not COVID19 patients getting small doses for a week.
Democrats simply want to block anything and everything that mitigates this crisis and saves lives.
Cymbalta (duloxetine) is a NRSI used for depression. the drug was first marketed for diabetic peripheral neuropathies. used off label and now is labeled for depression.
steve sisolak is an overweight, fat ass democrap no a idiot in the making but a true idiot. thanks to his draconian useless mandates, Las Vegas will require years to recover. where is the Rat Pack when Vegas needs them now?
Sisolak is a totaL asshole – he needs to be removed from office!!
Donald Trump is not a doctor. An attempt has actually been made to remove him from office. Unfortunately we’ll have to wait for the election.
@Greg: You are one sick puppy Trump isnt mentioned in the artcle once, evict the brain tenant that pays no rent.
@kitt, #7:
Trump promoted hydroxychlroquine as if he were pitching miracle no-stick skillets on late night cable. He pretty much created a national medical fad based on a flawed study done by a French doctor. It gave people the false impression that there was both an effective treatment and and a preventative drug.
Meanwhile, he still won’t promote one simple thing that we know for a fact could effectively reduce the spread and help control the surge: wearing a mask. His ego gets in the way of doing what a responsible leader should be doing. There’s really no other explanation. People are going to die because he can’t bring himself to set a proper example. There’s no excuse for this.
@Greg:
Provide examples of his “promotion”. We’ll all be waiting.
My brother-in-law is an ignorant liberal like yourself. Vicious Trump-hater. He wore a mask… everywhere. Got himself some COVID. Probably brought it home in his mask.
If Trump comes out in support of something, YOU idiots immediately turn against it. So, if he said everyone wear masks, all liberals would object and stop wearing them. Yeah, that’s how stupid you all are.
@Greg: This is such a standard it has become a meme in itself
People died because of technocrats saying masks were dangerous, Democrat Governors murdered thousands in nursing homes. They said it more important to pull down statues and gather to loot than to shelter in place. Now second wave.
I know you dont realize what a friggin joke you are thats funny too, as you justify having Trump as a free renter in your skull, but it is a spacious place, empty as it is.
@kitt: i took Hydroxychloroquine 25 years sgo I had pneumknia 2x from a flu vaccine Lucky fir ne Sisolak was not governir then in my stmtate ir I might be dead instead of getting my BSN .
At 73 I am fine,healthy abd hapoy zi am going gk school.Glad I picked a school in CT.
So much better snd will go homd as soon as the dtuoid dsmn governor opens up so I CAN leave his stupid state. If everyone left NV he eould have only himself to govern and his daughters GOOD LUCK to a liar.
So If this Governor decided he is a physician, then he CAN BE SUED for Malpractice just like the physicians.
We need a laeyer who has the GUTS to do this. And because hi decision contributed to older people not being treated and died he is Guilty of Murder! Prion is goid for him and his fake Df. Azziz.The governor cannot Give a peron a doctor of medicine title.
Doctors and nurses work too gard for their licenses.