MARK SMITH / PVT Improperly discarded dental records, originally from Dr. Harold Utt's practice, were found south of Fox Avenue in the desert recently. Last week the Board of Dental Examiners took them into their custody. MARK SMITH / PVT These records were found cheek by jowl with an old water cooler bottle and a sleeping bag about a half-mile beyond the point where Fox Avenue runs off into the desert. Advertisement

Think your personal records are secure?

Think again.

If they are dental records, they may have spent the last week sitting in the desert off the end of Fox Avenue, and your phone number, address, Social Security number, X-rays and dental narratives may have been blowin' in the wind.

Dave Sparling likes to go out into the desert, and recently, puttering about in the South End on his dirt bike, he was surprised to find, along with the usual old mattresses and rusted car parts, a whole pile of records that stemmed from the late Dr. Harold Utt's practice here.

Sparling said the papers had not been where he came across them until the past couple of weeks.

Utt died in 2006 and his practice was apparently taken over by Dr.'s Markus Koster and James Weber, whose names appear on several documents above Utt's crossed-out name.

"I always take my dogs out in the desert," said Sparling, "and I saw all this stuff."

"This stuff" included a series of file folders holding a broad array of information, including numerous signed privacy statements and dentist notations following patient appointments.

Koster and Weber sold the late Utt's office at 311 S. Frontage Road when dentists Dr. Peter Doan and Dr. Bang Tran bought the practice -- including dental records -- in November 2006. Koster and Weber both continue practicing dentistry in Las Vegas.

Efforts by the PVT to contact some of those whose records were recovered were unavailing.

Kathleen Kelly, executive director of the Nevada State Board of Dental Examiners, and one of her aides came to Pahrump late last week and recovered as many of the records as they could locate.

"We removed three heavy-duty leaf bags full of records," she said. "Mostly we retrieved documents containing personal/financial information and as many radiographs with names on them that we could."

Kelly said her office has "just made some initial inquiries. I'm sure it's going to become clear as it moves along."

She said her office will make every effort to locate the parties responsible for discarding the records in the desert. The state, she said, calls for such records to be maintained for at least five years, or back to 2004. Many of those located were dated as late as mid-2006.

Kelly said there could be federal laws which go beyond the state guidelines.

"Thankfully, no, this does not happen very often," Kelly said. "The board office does take custody of records from deceased dentists if other arrangements were not made. We have also taken custody in particular disciplinary cases, office closures, and even office abandonments. While we cannot house records for all licensees, we do in particular circumstances to safeguard the patients' information."

The dental examiners' board may undertake an investigation regarding improperly discarded personal records upon receipt of a verified complaint or upon authorization by motion of the board.

A licensee would be notified of any verified complaint or investigation and afforded the opportunity to respond.

"While the board does not have specific authorization to take custody of records through an investigation," said Kelly. "We do so as a matter of the public trust bestowed on this board -- protection of public safety, and by extension we include personal health information."

Kelly said in time the board will have the ability to index such records so they may be distributed to those who call for them. "We can at least say nearly all reports tossed at that location are in our possession (with the exception of those possibly taken by others or wind-blown)," she said.