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Last Updated:
11/23/10 01:40:35 PM |
SWAINE, KENT A., M.D.
License #9815
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11/26/2007 |
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The Investigative Committee of
the Board of Medical Examiners filed a Complaint and Request for Summary
Suspension of License against Dr. Swaine, alleging per Count I: that Dr.
Swaine surreptitiously practiced medicine in May or June of 2007, while he
was under an order, pursuant to his agreement with the Nevada Professionals
Health Program (NPHP), not to do so. NRS 630.306(2) states that engaging in
any conduct which is intended to deceive is grounds for initiating
disciplinary action and by reason of the foregoing, Dr. Swaine violated NRS
630.306(2). Per Count II: Dr. Swaine surreptitiously practiced medicine on
October 12, 2007, while on a hiatus from his treatment program for an
admitted longstanding addiction to opiates, and was also under an order,
pursuant to his agreement with NPHP, not to do so. NRS 630.306(2) states
that engaging in any conduct which is intended to deceive is grounds for
initiating disciplinary action and by reason of the foregoing, Dr. Swaine
violated NRS 630.306(2). Per Count III: Dr. Swaine tested positively for
several controlled substances in May and July 2007, and admitted to the NPHP
that he had been using drugs, mostly opiates, for years, and tested
positively for Oxycodone in October 2007. NRS 630.306(10) states that
dependency on controlled substances is grounds for initiating discipline and
by reason of the foregoing, Dr. Swaine violated NRS 630.301(3). The
Investigative Committee called for an Emergency Meeting of the Board of
Medical Examiners to consider suspension of Dr. Swaine's license to practice
medicine in the state of Nevada. |
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11/27/2007 |
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The Nevada State Board of Medical
Examiners met in an Emergency Meeting, pursuant to NRS 241.020, to consider the
Complaint and Request for Summary Suspension of License against Dr. Swaine.. The
adjudicative members concluded that unforeseen circumstances had arisen and
exist that pose a risk to the health and safety of the public and that required
immediate Board action. Dr. Swaine tested positive for controlled substances in
May, July and October of 2007, and his positive test in October of 2007 occurred
while he was on leave from his out-of-state treatment program. Dr. Swaine
practiced medicine surreptitiously after being told not to practice by Dr. Peter
A. Mansky, Executive Medical Director of the Nevada Professionals Health Program
("NPHP"),pursuant to the terms of Dr. Swaine's NPHP agreement, in October of
2007, while he was on leave from his out-of-state program. Dr. Swaine managed to
obtain leaves of absence from his out-of-state program to return to Las Vegas on
two separate occasions, and the Board was concerned that he may do so again and
practice medicine again, against the professional advice of the Executive
Medical Director of NPHP and Respondent poses a risk to the health, safety and
welfare of the public and the patients he sees and treats. Pursuant to NRS
630.329, the Board ORDERED that Dr. Swaine's license to practice medicine in
Nevada be suspended pending proceedings for disciplinary action pursuant to the
Complaint filed against him, or until further order of the Board. |
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11/28/2007 |
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The Investigative Committee of the Board of
Medical Examiners filed an Amended Complaint
and Request for Summary Suspension of
License against Dr. Swaine, alleging per
Count I: that Dr. Swaine surreptitiously
practiced medicine in May or June of 2007
while he was under an order, pursuant to his
agreement with the NPHP not to do so. NRS
630.306(2) states that engaging in any
conduct which is intended to deceive is
grounds for initiating disciplinary action
and by reason of the foregoing, Dr. Swaine
violated NRS 630.306(2) . Per Count II: Dr.
Swaine surreptitiously practiced medicine on
October 12, 2007, while on a hiatus from his
treatment program for an admitted
longstanding addiction to opiates, and was
also under an order, pursuant to his
agreement with NPHP, not to do so. NRS
630.306(2) states that engaging in any
conduct which is intended to deceive is
grounds for initiating disciplinary action
and by reason of the foregoing, Dr. Swaine
violated NRS 630.306(2). Per Count III: Dr.
Swaine tested positively for several
controlled substances in May and July 2007,
and admitted to the NPHP that he had been
using drugs, mostly opiates, for years, and
tested positively for Oxycodone in October
2007. NRS 630.306(10) states that dependency
on controlled substances is grounds for
initiating discipline and by reason of the
foregoing, Dr. Swaine violated NRS
630.306(10). |
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2/20/2008 |
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The Investigative Committee of the Board of
Medical Examiners filed a Second Amended
Complaint against Dr. Swaine, alleging per
Count I: that Dr. Swaine surreptitiously
practiced medicine in May or June of 2007,
while he was under an order, pursuant to his
agreement with the NPHP not to do so. NRS
630.306(2)(a) states that engaging in any
conduct which is intended to deceive is
grounds for initiating disciplinary action
and by reason of the foregoing, Dr. Swaine
violated NRS 630.306(2)(a). Per Count II:
Dr. Swaine surreptitiously practiced
medicine on October 12, 2007, while on a
hiatus from his treatment program for an
admitted longstanding addiction to opiates,
and was also under an order, pursuant to his
agreement with NPHP, not to do so. NRS
630.306(2)(a) states that engaging in any
conduct which is intended to deceive is
grounds for initiating disciplinary action
and by reason of the foregoing, Dr. Swaine
violated NRS 630.306(2)(a). Per Count III:
Dr. Swaine tested positively for several
controlled substances in May and July 2007,
and admitted to the NPHP that he had been
using drugs, mostly opiates, for years, and
tested positively for Oxycodone in October
2007. NRS 630.306(10) states that dependency
on controlled substances is grounds for
initiating discipline and by reason of the
foregoing, Dr. Swaine violated NRS
630.306(10). Per Count IV: Dr. Swaine wrote
multiple prescriptions for his wife over a
twelv-month period for schedule II
controlled substances, and thus committed a
violation of NRS 630.306(3), which provides
that administering, dispensing or
prescribing any controlled substance, or any
dangerous drug as defined
by NRS 454, to or for himself or to others
except as authorized by law is grounds for
initiating discipline. NRS 453.381(1)
provides that a physician shall not
prescribe, administer or dispense a
controlled substance list in schedule II for
himself, his spouse or his children except
in cases of emergency and by reason of the
foregoing, Dr. Swaine violated NRS
630.306(10). |
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3/28/2008 |
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A Settlement, Waiver and Consent Agreement
was approved and accepted by the Nevada
State Board of Medical Examiners. The Board
entered its order finding that Dr. Swaine
violated the Medical Practice Act, to wit:
two counts of engaging in activity meant to
deceive, violations of NRS 630.306(2)(a);
one count of having a drug dependency, a
violation of NRS 630.306(10); and one count
of prescribing a controlled substance or
dangerous drug in a manner not authorized by
law, a violation of NRS 630.306(3). The
Board ordered that Dr. Swaine's license to
practice medicine be revoked, with the
revocation stayed, and Dr. Swaine be placed
on probation for five years with the
following terms and conditions: Dr. Swaine
shall not be reinstated to active status
until the NPHP has stated in writing that he
is able to safely resume the practice of
medicine and the Board has issued and served
him with an order stating that he is
reinstated to active status; Dr. Swaine
shall receive a public reprimand; shall
contact the Compliance Officer of the Board
within 30 days of the approval, acceptance
and adoption of the Settlement Agreement and
provide information regarding the most
expeditious method of contacting him; Dr.
Swaine shall comply with all federal, state
and local laws and rules governing the
practice of medicine in Nevada at all times
he is practicing within the state; he shall
submit to random alcohol and/or drug screens
requested by the Board in addition to any
such screens required by NPHP, at his own
expense; he shall notify the Nevada State
Board of Medical Examiners within 48 hours
of any arrest, criminal conviction, or any
admission for treatment of substance abuse
or psychological illness. Dr. Swaine, once
reinstated to practice medicine, will be
restricted to only practicing with one or
more medical or doctors of osteopathy and
must provide a copy of this agreement them.
Dr. Swaine shall comply with all terms and
conditions of his contract with the NPHP and
shall extend his contract with the NPHP if
so recommended by the program; he shall sign
a new release of information allowing the
Board to communicate and receive any and all
information from the NPHP regarding his
treatment and to communicate and receive any
and all information from any treatment
program that he has attended, is attending
or will attend. Dr. Swaine shall submit to a
psychological and/or psychiatric evaluation
if requested by the Board and shall sign any
necessary release of information for the
results to be forwarded to the Board; he
shall not prescribe any controlled substance
or dangerous drug as defined in NRS 454 to
any member of his immediate family or
himself and shall prescribe controlled
substances or dangerous drugs only in the
manner authorized by law. Dr. Swaine agrees
that if he is charged with professional
misconduct in the future, the Settlement
Agreement, and/or any related orders, and/or
records of his compliance, may be admitted
into evidence at a hearing regarding the
alleged professional misconduct, at the sole
discretion of the Investigative Committee.
Dr. Swaine agrees to pay the costs of
investigation and prosecution of the matter
within 60 days of the approval, acceptance
and adoption of the Settlement Agreement.
Dr. Swaine agrees to pay the reasonable
costs, if any, of monitoring his probation
to the Nevada State Board of Medical
Examiners and shall pay said costs within 30
days of the due date of any invoice
presented by the Board. That no sooner than
six months prior to end the five year
probationary term, Dr. Swaine will file a
written petition for restoration of an
unrestricted license, including proof of
compliance with all conditions of the
Settlement Agreement, to practice medicine
in the state of Nevada and, if requested, to
appear in front of the Nevada State Board of
Medical Examiners at a regularly-scheduled
Board meeting, with the understanding that
restoration of an unrestricted license will
not be unreasonably denied. |
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10/3/2008 |
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The Nevada State Board of Medical Examiners (Board), following review of the complaint and exhibits, found that
Dr. Swaine failed to comply with the terms of the Settlement, Waiver and Consent Agreement which had been agreed to and adopted by the Board on March 28, 2008, wherein
he admitted to all counts alleged in the Second Amended Complaint; the Board imposed a stayed revocation of
Dr. Swaine's Nevada medical license and Dr.
Swaine was placed on probation for five years with multiple terms and conditions. A Motion for Order to Show Cause was filed by the Investigative Committee (IC) of the Board against
Dr. Swaine in August 2008, alleging that Dr.
Swaine had failed to comply with the terms of the Settlement Agreement when he refused to comply with an Order for a drug screen on July 17, 2008, and when he failed to comply with the terms and conditions of his contract with NPHP and thus was inactivated from the program on July 17, 2008.
Dr. Swaine was served with notice of the Motion for an Order to Show Cause and on October
3, 2008, the Board entered its Order as follows: The stay of the revocation of
Dr. Swaine's Nevada medical license contained in the Settlement, Waiver and Consent Agreement is
lifted and his Nevada medical license is
revoked.. |
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Phone: (775) 688-2559
Fax:
(775) 688-2321
from any other area of Nevada, call
toll-free:
(888) 890-8210
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Mailing
Address: P.O. Box
7238, Reno, NV 89510
Board
of Medical Examiners
E-mail:nsbme@medboard.nv.gov |
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Upcoming Meetings |
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Next Quarterly Board Meeting
June 8, 2012
Agenda will be posted on or before
May 29, 2012
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Safe Injection Practices Coalition |
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