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Does a governor have the right to interfere with a doctor-patient relationship?

Published in Blog on May 14, 2020 by Susan Thiel

Reno attorney Joey Gilbert filed a petition and a subsequent legal challenge against Nevada Governor Sisolak.

On behalf of his clients, Gilbert is asking the governor, the Nevada Osteopathic Medical Association, and Dr. Bruce Fong to declare his regulations invalid and to end the restrictions on the use of chloroquine and/or Hydroxychloroquine to help COVID-19 patients.

Gilbert is asking for an amendment to the Emergency Regulation to “permit the issuance, filling or dispensing of chloroquine and /or hydroxychloroquine. This ensures patients will have access to HCQ outside of hospitals. The right of a patient to determine treatment with their primary care physician is an intimate decision about their own body, and any intrusion is a clear violation of a fundamental right.”

Gilbert claims that the governor has denied COVID-19 patients a right to HCQ. He states this also cannot be restricted by the Board of Pharmacy. In his request for an amendment to the drug ban, Gilbert states:

“in NRS 441A.200, the people of this State have a right to receive approved treatment for a communicable disease, from the physician, clinic, or other person of their choice. Patients in a life-threatening situation have the right to make choices with their doctor about lawfully available treatments;  certainly, this is fundamental. The Emergency Regulation, as adopted, not only runs afoul of Nevada Law and is preempted by Federal Law, but would undoubtedly be subject to strict scrutiny…”

The reasons that Nevada Governor Steve Sisolak had stated he wanted to ban HCQ was that he was concerned for the supply chain and of hoarding and stockpiling of the drug. Sisolak decided that HCQ was only to be used in hospitals for COVID-19 patients receiving treatment in that setting. Gilbert understood this concern, but feels that it is unlawful to not treat a patient in a way the doctor is recommending whether in a clinic, doctor office, or a hospital.  

Gilbert also indicates that the emergency regulation that Sisolak approved did not comply with state law, that no notice of these proposed regulations were provided, no notice of a hearing was made, and proposed language was adopted the same day it was introduced. 

“The frantic pace at which this regulation was pushed through clearly excluded any input from practicing physicians or the organizations and groups that represent their patients, interests and opinions," Dr. Bruce Fong wrote in a letter to his colleagues in the Osteopathic community.

Attorney Gilbert is still waiting for a response from the governor's office.

Susan Thiel is a Content Writer for Convention of States Nevada. The Convention of State Project is a national effort to call a convention of the states under Article V of the Constitution. Their mission is to grow a large grassroots army of self-governing individuals. Issues at the convention are limited to constraints on the federal government’s power and jurisdiction, fiscal restraints on the federal government, and term limits on members of Congress and federal officials.

For more information see www.conventionofstates.com

Sources

https://v.fastcdn.co/u/510a6eb2/50491635-0-Petition-to-Governor.pdf

www.covid19nevadastrong.com

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